Terms & Conditions
By using Education Matters the Client binds itself to Education Matters's standard terms as follows:
1 General Provisions
Education Matters agrees to provide Tutors for lessons required by the Client under the Client's control and direction. The nature of the work to be covered and times and place of employment will be agreed between the Client, Education Matters and the Tutor. Education Matters remunerates the Tutor for the duration of the assignment.
2 Authorising of Hours of Work and Minimum Charges
The hours of a Tutor's work assignment must be recorded daily on Education Matters standard Timesheets. Clients are required to certify that the hours are correct at the end of each lesson and on the basis of certified hours. The Client shall be invoiced at the paid for package or pre-advised hourly rate. Minimum session time is 1 hour. Part hours over and above the first hour will be charged per 15 minutes The Client verifies all timesheets signed by the student receiving the lessons are liable to be charged for regardless of if the student is a minor or not.
3 Late Cancellation
Late cancellation of lessons will incur a minimum charge of the hours booked for one day. A late cancellation occurs where Education Matters is not notified at least 4 hours prior to the lesson. The Tutor will be paid by Education Matters for the same number of hours, as above.
4 Replacing a Tutor
If the need arises, Education Matters shall be entitled to replace any Tutor with another of comparable competency and qualifications, at any time without prior notice. If the Client requests a replacement for any reason whatsoever Education Matters will replace the Tutor with an alternate one immediately.
5 Invoicing and Payment Terms
Clients are requested to pay upfront for the package they have selected and will be invoiced on the basis of the total hours certified on the Timesheet. Therefore, invoices are due and payable on date of invoice or before. Discounts allowed may be forfeited in the case of delayed payments unless agreed in writing by Education Matters. Education Matters reserves the right to charge interest at the maximum rate in terms of the Usury Act. Education Matters also reserves the right to withdraw Tutors from assignments until all overdue amounts are settled. The Client agrees that they will be liable in such circumstances to Education Matters for any costs Education Matters may incur or be required to pay, relating directly or indirectly to any withdrawal of the services of the Tutor, including without any limitation, the amount of any remuneration, benefits, award, penalty, determination or compensation that may be made or awarded to the Tutor as a consequence of his or her withdrawal from the assignment.
6 Refund Policy
Amounts received upfront are not refundable and expire 1 year after payment if not used.
7 Warranty of Authority
The representative of the Client who signs the Timesheet warrants that he or she is duly authorised so to act and bind the Client even if such representative is a minor.
Education Matters accepts no liability whatsoever for any loss, damage or expense arising howsoever as a consequence of any act or of omission by any Tutor during such time as the Tutor is doing lessons for the Client and it is expressly agreed and understood between the Client and Education Matters that only the Client is in a position to assess or insure against risk in respect of, or during, or arising out of the period for which any Tutor is working for the Client.
No Tutor may be entrusted by the Client to unattended premises or any part thereof or the handling of cash, script, credit cards, valuables or other similar property, without the prior specific written agreement of Education Matters. The Client shall not permit Tutors to operate vehicles, equipment or machinery, other than office equipment on which they have been trained. Agreement will be subject to appropriate insurance arranged for the Client's account. Tutors will at all times work under the direct supervision of the Client.
10 Liability of Acts of Tutors
While Education Matters makes every reasonable effort to assign suitably qualified Tutors, Education Matters will not be liable to the Client for any loss or damage sustained by the Client or any other person arising directly or indirectly from any act or omission by any Tutor placed with the Client
11 Other Employment Offers to Tutors
The service Education Matters renders is made possible only by substantial investment in advertising for testing, screening and selecting a large number of suitably qualified Tutors for assignments to Clients. The Client undertakes that neither they nor any person, associated company, subsidiary, division or other related entity or any other legal or other person with whom the Client is associated, whether directly or indirectly, or any person or legal person to whom the Tutor so assigned was introduced, shall use the services of, or offer employment to, or accept an application for employment from such Tutor (whether as an individual or other legal entity and whether on permanent or temporary basis), within a period of 6 months from the last day of lessons, unless subject to the terms and conditions reflected herein for the charges agreed upon between Education Matters and the Client. The Client acknowledges that if any of the above undertakings are breached in any respect, then the Client shall be liable to pay Education Matters immediately an amount based on the current permanent fee structure of any reputable Employment Agency, then prevailing and calculated on the annual rate of remuneration upon engagement or the equivalent thereof payable to such Tutor, whether or not the Tutor is employed by the Client or other party for the whole of or part of the year, which charge the Client acknowledges to be fair and reasonable, as a result of the said breach.
12 Advances or Loans
Education Matters will accept no responsibility for any advances or loans made to a Tutor by the Client. The Client shall not be entitled to have any claims settled by deduction in respect of any payment due by the Client to Education Matters for services rendered.
13 Industrial Relations Practice
Education Matters will indemnify the Client and hold the Client harmless from any claim, demand, cause of action, liability, loss or expense arising by reason of non-compliance with the provisions of all relevant laws and agreements where compliance is under Education Matters's direct control. The Client likewise will indemnify Education Matters and hold Education Matters harmless from any claim, demand, cause of action, liability, loss or expense arising by reason of noncompliance with the provisions of all relevant laws and agreements where compliance is under the Client's direct or indirect control.
The Client agrees to comply with relevant laws and agreements, which relate to the provision of tutoring and other services and will ensure that Tutors on assignment will enjoy all rights and benefits contemplated under the laws of the Republic of South Africa, including freedom from unfair discrimination.
The Client will allow Education Matters to comply fully with the obligations which rest on Education Matters as intermediary during the period of the assignment including, but not limited to Education Matters obligation to ensure that any termination of an assignment or withdrawal of a Tutor prior to expiry, or any other change or other matter concerning a Tutor, is effected lawfully and in accordance with accepted industrial relations practice. The Client's obligations will include providing Education Matters with sufficient time to comply with its obligations.
The Client will give Education Matters prompt notification of any deviation by the Tutor from agreed upon performance standards, procedures and lesson schedules and a full opportunity to intercede to ensure appropriate counselling on performance and provide a reasonable opportunity for improvement.
In the event of the Client directly or indirectly preventing or hindering Education Matters from fulfilling its responsibilities in terms of this clause 13, the Client agrees that it shall in such circumstances be solely and fully liable to Education Matters for any amount due by Education Matters in respect of any costs and expenses, award, directive, order, penalty and/or fine under any employment or other law or otherwise and will indemnify Education Matters fully in this regard.
Should legal proceedings be instituted against the Client for the recovery of any amounts due in respect hereof, the client will be liable for legal costs on Attorney and Client scale as well as collection commission.