PassroomX Terms and Conditions
Tutoring Packages and Sessions
- Session description. The Session type (e.g. Lower secondary Maths) and Session duration (e.g 1 hours) of a Session Package purchased are fixed and cannot be modified without the express approval of PassroomX, whose approval may be withheld if Tutors cannot be sourced for Session variations. This is due to Session pricing being determined according to Session description parameters across the full Session Package.
- Late arrival by Student. Should the Student arrive late for a Session, such Session will not be extended and will end at the scheduled time according to the Session description. The Client shall make every effort to inform the Tutor of its estimated time of arrival.
- Late arrival by Tutor. Tutors are obliged to arrive at Sessions on time. However, when the Tutor is late, the Tutor will inform the Client and PassroomX as soon as possible and provide an estimated time of arrival and the actual time of arrival. The Client will be credited with the time that the Tutor was actually late, in increments of 5 (five minutes), which will be redeemable at the Client's election or at the end of the Session, taking into account the Tutor's schedule and availability.
- Confirmation of Sessions. Via the online platform, the tutor will confirm the occurrence of each Session within 2 weeks of it taking place. The client will be notified via email and should there be an error in the confirmation the client should dispute the Session notice within 5 days of it being sent in order for the dispute to be resolved. Confirmed Sessions left undisputed after 5 days of notification cannot be rescheduled.
Rescheduling of Sessions
- Rescheduling notice requirement. Should the Client wish to reschedule a Session, the Client must provide PassroomX with a minimum of 6 (six) business hours' written notice (business hours being the hours between 08h00 and 17h00 on a business day, being Monday to Friday, excluding all official public holidays) ("Business Hours"), prior to the commencement of the scheduled Session to avoid forfeiting the Session. For example, a Session scheduled for 13h00 on Tuesday should be rescheduled by 16h00 on Monday. The Client acknowledges that they may be liable for the Fees in respect of any Sessions that are scheduled to occur in the case where the Client does not provide adequate notice to PassroomX.
- Repeated rescheduling. The Client acknowledges that repeated rescheduling of Sessions may impact the ability or inclination of a Tutor to complete a Session Package and may impact PassroomX's ability to timeously substitute a Tutor to complete such Session or Session Package. Accordingly, if a Tutor withdraws from the Session Package and/or the Client's rescheduling causes scheduled Sessions to be postponed, the Client acknowledges and accepts that a refund shall not be warranted on account of any resulting delays in appointing a new Tutor or rescheduling Sessions.
- Suspension of Sessions. Where the Client has purchased a fixed number of Sessions to occur each month via debit order or recurring billing and needs to postpone the Sessions, PassroomX and the Client will agree to suspend the Sessions for an agreed period and will reschedule the Sessions for a future date, taking into account the Tutor's schedule. The Client must provide PassroomX with 30 days written notice.
- The Client acknowledges that different Tutors may be sourced by PassroomX to carry out different Sessions if required by the Client or if a sourced Tutor fails to complete the Sessions in a Session Package by withdrawing from the Session Package.
- Replacement of Tutors. In the event that the Client is not satisfied with the Sessions provided by a Tutor, PassroomX shall endeavour to replace such Tutor with an alternative Tutor which it deems suitable for the needs of the Student. The Client acknowledges and accepts that in such circumstances, delays may be experienced in sourcing a suitable replacement Tutor and agrees to cooperate with PassroomX where possible to ensure that a new Tutor is appointed efficiently. The Client shall ensure that all replacement requests are made in accordance with the Session rescheduling notice requirements in clause 2.1 to avoid any forfeiture of Sessions (i.e. a minimum of 6 Business Hours' notice). The Client acknowledges that it may be liable for the Fees in respect of any Sessions that are scheduled to occur in the case where the Client does not provide adequate notice to PassroomX.
- Withdrawal by Tutor. The Client also acknowledges and accepts that Tutors have the right to withdraw from a particular Session Schedule on reasonable notice and for various urgent reasons (including the Tutor's exam or work schedule, legitimate safety concerns, changes to scheduled Sessions, family emergencies, transport problems and illness amongst others) and that PassroomX cannot be held responsible for any reasonable inconvenience caused by such event. PassroomX shall be obliged to source an appropriate replacement Tutor as soon as reasonably possible.
- Grounds for cancellation or refund. The request by the Client to replace a Tutor or the reasonable withdrawal by the Tutor from a Session Package shall not be grounds for cancellation of the Session Package or this Agreement and shall not entitle the Client to a refund unless:
1. PassroomX is unable to propose an alternative Tutor within 30 (thirty) calendar days of the Client's request to replace a Tutor; or
2. PassroomX is unable to propose an alternative Tutor within 14 (fourteen) calendar days of the withdrawal by the Tutor.
- Interim measures. When a replacement request is made, or a Tutor withdraws from a Session Package, PassroomX will automatically suspend all scheduled Sessions in a Client's Session Package. During this period, the Client will not forfeit any Sessions in the Session Package.
Client conduct towards Tutors. The Client shall:
- Make all necessary information available to the Tutor prior to each Session that the Tutor may require in order to properly assist the Student during each Session;
- Only use language that is appropriate and not offensive or discriminatory and treat the Tutor fairly and with respect;
- Ensure that all communications with the Tutor are appropriate and limited to what is relevant for the Session;
- Not discuss any personal matters with the Tutor or rely on the Tutor for any form of counselling;
- Not make any inappropriate suggestions to the Tutor;
- Not send any unsolicited communications to the Tutor;
- Report any dispute or issue, including any inappropriate behaviour or illegal activity, with a Tutor to a Parent and/or PassroomX;
- Where the Student is a minor, ensure that a Parent is present during the Session or that the Student is comfortable to continue the Session without a Parent being present.
Cancellation and Suspension
- At any time, and without cause, PassroomX may cancel or suspend the Client's access to and/or use of the Services and cancel any future Sessions in its sole discretion without any liability if the Client is in breach of this Agreement.
- If any party to this Agreement breaches any material provision or term of this Agreement and fails to remedy such breach within 14 (fourteen) days of receipt of written notice requiring it to do so then the aggrieved party shall be entitled without notice, in addition to any other remedy available to it at law or under this Agreement (including obtaining an interdict), to cancel this Agreement or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party's right to claim damages.