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TERMS OF SERVICE
This
is an agreement ("Agreement") between Cebu Creative Learning
Systems. ("we," "us" or
"CCLS") and you, an end user ("you,”
“they,” or "user") of Cebu Creative Learning
Systems’ tutorial services (the "Services") as described
herein. By establishing, requesting, using, or paying for the Services, you
acknowledge that you have read and understood these terms, you agree to the
terms and conditions in this Agreement, and you represent that you are of
legal age to enter this Agreement and become bound by its terms, including
the prices, charges, and conditions provided to you in association with
your enrollment, including marketing materials and the CCLS website, which
are incorporated herein by reference. This Agreement governs the Services
and any practices - such as at home tutoring, ESL at-home tutoring, online
tutoring, group session tutoring, etc. If you have requested service from
us, you are considered a "Customer/Client" and are governed by
certain Client terms and conditions contained below.
SERVICE DESCRIPTION
The Services. Cebu Creative Learning Systems
is for those who want to strengthen their abilities to think critically and
independently, read analytically, write well, reason quantitatively, and
study effectively while mastering school subjects and materials. CCLS
offers three (3) kinds of tutorials, namely: at-home tutoring, online
tutoring, and group session tutoring. Any of the types of tutorials may be
chosen as the tutorial type for any of the subjects offered. CCLS reserves
the right to deny any client of a type of tutorial based on the
availability of the type, location, tutors, and/or subject/course chosen.
CCLS has listed and categorized subjects/courses for the convenience of the
client. If the subject of interest of the client is not found in the listed
items, the client may write the subject and CCLS will approximate the
subject with whatever available offerings CCLS has. CCLS may also customize
the subject/course as per client request.
Service Requirements. The person to be tutored must
be a resident of Cebu
City who can be
accessed by our tutors or who has access to our tutorial center/s. Since
the Service depends on your location, and our location, CCLS does not
guarantee availability of services in all areas.
Service Term. The Services are offered on a
month-to-month basis, with a minimum of four (4) month’s contract,
beginning on the date CCLS and Client agree to begin tutorial/s, and
automatically renews on a monthly basis. CCLS also offers the Services for
twelve consecutive months pursuant to optional CCLS Annual Service Plans,
described in greater detail below. You may cancel the Service at any time
after the fourth month period by contacting CCLS according to the procedure
described on the CCLS website. If you cancel Service prior to the end of
the four-month term, you will be responsible for paying the full four
months’ charges, including other applicable fees and usage charges.
Expiration of the term or cancellation of Service does not excuse you from
paying all unpaid, accrued charges due in relation to the Agreement. Any
credits or refunds for CCLS services are subject to the refund policies of
CCLS.
Service Distinctions. The Services offered do not
reproduce the role of schools and do not replace the role of school
teachers/instructors. Tutors supplement instruction by getting the learner
to engage course materials actively, critically, and independently through
questioning, dialogue, and debate. The aim is to place the student at the
center of the tutorial session, making him/her responsible for interpreting
materials, questioning concepts, and testing the ideas he/she encounters in
his/her classes. Important distinctions exist between school services and
our Services.
Your Responsibility. You acknowledge and agree that you are fully
responsible for the services that you requested, and you accept full
liability and responsibility for the actions of anyone who uses the Services.
USE OF SERVICE
Resale and Transfer. You are expressly prohibited
from reselling or transferring the Service/s, and/or our tutor/s to any
other person for any purpose, without express written permission from CCLS
in advance.
Tutorial Limitations. Tutoring does not take the
place of classroom instruction. The learner must continue to actively
participate, do assigned homework, and take notes in class. The purpose of
the tutoring program is to help the learner better understand material
presented in class and have the confidence to demonstrate this
understanding in class and/or on tests. The student must arrive prepared
for the tutoring session. The learner should prepare questions for the
tutor prior to their appointment. Tutors are not expected to re-teach the
class, but rather review, clarify, and/or reinforce certain aspects of the
subject. It is never the responsibility of the tutor to do assignments for
the learner. Tutors may not do client’s homework, supply books and
materials to the client, type papers, socially visit with clients or
friends while employed by CCLS, and leave CCLS to hold an undeclared
tutoring session. Tutors must only assist learners with homework, help
students prepare for a test, demonstrate study and research strategies, help
improve test-taking skills, demonstrate note-taking skills, and discuss
relevant course materials.
Choice and Match of Tutor. Tutoring sessions are offered
on a first-come, first served basis. No client may choose a tutor for the
person to be tutored. CCLS reserves the right to match client’s
student with any of our instructional specialists. Client, however, may opt
to change tutor after a month if he/she or the student is dissatisfied with
the tutor’s performance. There will be no refund or renewal of month
count when changing tutors. The client/student must contact the CCLS office
if problems arise in the tutoring session that cannot be resolved by the
tutor and him/her. All clients/students must complete an evaluation form at
the conclusion of every two-month period in order to report their
experiences with the program.
Scheduling. In order to assure full benefit
of our tutoring program, it is necessary for both the tutor and tutee to
agree upon specific times and places to conduct business. Clients are given
the freedom to choose a schedule that best suits them and the student. Once
agreed upon, it is the responsibility of each to meet at the agreed upon
time and place. It is important to be on time for each session. The learner
must attend all tutoring sessions whether or not he/she feels he/she needs
help at that time.
Cancellation of Schedule. To change or cancel a scheduled
appointment, client/student must notify the CCLS office a day before the
scheduled appointment. If
client/student fails to cancel the tutoring session, students will be
considered a “no show” and will be charged a penalty of PhP50
for that tutoring session. Client/student must not cancel scheduled
tutoring sessions except when absolutely necessary. If a client/student
cancels appointments, no refunds are due the client nor can the
appointment/s be moved to any other day to compensate for the absence. If a
CCLS tutor can not make it for the day, the CCLS office shall inform the
client/student and will provide a substitute tutor for that day. If no
substitute tutor can be sent, CCLS will refund to client the hourly charges
for that day. Any missed meetings or deviations must be reported to the the office of CCLS at info@cebucls.info.
Behavior. The client and student must
treat the tutor with respect. Students receiving tutoring must act
appropriately and must use language suitable to the topic being studied.
Any student with inappropriate language or behavior will be dropped from
tutoring. The client is expected to arrive on time for tutoring sessions.
Students may not date or socially fraternize with their tutors.
Preparation. The client should be prepared
with textbook(s), notes, homework and course syllabus for each tutoring
session. For CCLS Modular programs, the CCLS office will provide the course
outline, and other supplementary materials in relation to the teaching of
the program. It is the duty of the learner to prepare papers, pens, and
other tools for the tutorial session.
Non-compete and Non-piracy of
Tutor. For
good consideration and as an inducement for Cebu Creative Learning Systems
to employ the tutor/s, the Client/student agrees not to directly or
indirectly compete with the business of the Company and its successors and
assigns. The term "not compete" as used herein shall mean that
the Client/student shall not own, manage, operate, consult, or pirate any
CCLS employee, with specific reference to our tutors, in a business
substantially similar to or competitive with the present business of the
Company or such other business activity in which the Company may
substantially engage during the term of employment. The purpose of this
non-piracy agreement is to protect the interest of the Company which has
been developed through the efforts of its employees and the utilization of
its capital and which it has purchased from the Employee. This provision
shall be binding upon and inure to the benefit of the parties, their
successors, assigns, and personal representatives. To protect the interest
of CCLS, all clients/customers must prepay the monthly billing for the
fourth month in advance. The client must direct all their payments to Cebu
Creative Learning Systems and such payments shall only be made to
authorized representatives with show of CCLS official receipts.
CHARGES AND PAYMENTS
Billing. CCLS bills all charges and
applicable taxes and fees monthly in advance to the client. A new client
will be informed of the fees during the online or phone registration
process. Fees are due at the time of registration. All clients must prepay
50% of the monthly charges before the first tutorial of the month may be
started. For new contracts, all new customers must prepay the whole monthly
payment of the fourth month period. Payment may be made through secure
credit card transactions online by Xoom
(additional charges imposed by Xoom will be
shouldered by the client), bank-to-bank transfer, check
by mail, or cash/check in person. Other payment options may be discussed
during the registration. CCLS is not responsible for any overdraft or other
charges imposed by your card issuer or bank due to insufficient funds in
your account. CCLS reserves the right to bill at more frequent intervals if
the amount due at any time exceeds Php5000. All charges will be billed
according to the rates and terms set forth in published materials and found
on the CCLS website.
Commencement of Billing. If a new application is
received and such application is approved, you will be billed by CCLS. 50%
of the monthly billing is required every month for the tutorials to begin.
A prepayment of the whole amount for the fourth month period is also
required. You will be responsible for full payment for the charges on your
CCLS bill even if you do not use our Services promptly (absences of tutees,
etc).
CCLS Annual Service Plans. The annual service fees
associated with the optional CCLS Annual Service Plans represent payment
for twelve consecutive months of Service commencing on the registration
date. You will be responsible for any additional charges for services or
usage not covered by the plan, billed on a monthly basis. If you cancel the
Service prior to the end of the annual period, you will not receive a
refund. At the conclusion of the annual period, your Service will not
automatically renew for a subsequent twelve-month period.
Price and Price Changes. Prices and charges relating to
the Services are posted on the CCLS website. We may change the prices and charges
for the Service from time to time. We may decrease prices without providing
advance notice. Increases to the prices or charges for the Service are
effective no sooner than seven days (1) after posted on the CCLS website or
(2) you are otherwise notified of the changes.
Failure to Pay. We may suspend, restrict, or
cancel the Services and this Agreement if you do not make payments for
current or prior bills by the required due date. Service suspension or
cancellation will result in your loss of the tutor servicing the person
tutored.
Late Payment Charge. We may add interest charges to
any past-due amounts at 3.5% per month, prorated for each day payment is
past due. Acceptance of late or partial payments (even if marked "Paid
in Full" or with other restrictions) shall not waive any of our rights
to collect the full amount of your charges for the Service. You agree to
reimburse us for reasonable attorneys' fees and any other costs associated
with collecting delinquent or dishonored payments.
Taxes. You are responsible for, and
must pay, RVAT or Reformed Value Added Tax, locally known as Karagdagang Buwis. This 12%
tax, however, is already included and reflected in the monthly charge we
impose on our services as seen on CCLS published materials and in this Web
site. No one is tax-exempt.
Billing Disputes. You must notify CCLS within
seven days after receiving your invoice statement if you dispute any CCLS
charges on that statement or such dispute will be deemed waived.
SERVICE CANCELLATION
You
may cancel the Service at any time after the fourth month period by
contacting CCLS according to the procedure described on the CCLS website.
If you cancel Service prior to the end of the four-month term, you will be
responsible for paying the full four months’ charges, including other
applicable fees and usage charges. Expiration of the term or cancellation
of Service does not excuse you from paying all unpaid, accrued charges due
in relation to the Agreement. Any credits or refunds for CCLS services are
subject to the refund policies of CCLS.
INDEMNIFICATION
You
agree to defend, indemnify, and hold Cebu Creative Learning Systems, its
affiliates, and agents and any other service provider who furnish services
to you or enable us to furnish services to you in connection with this
Agreement or the Service, harmless from claims or damages relating to or
arising out of the Services, our programs, our employees and tutors, or
this Agreement.
You
agree that CCLS should not be and is not responsible for any third party
claims against us that arise from your use of the Service. Further, you
agree to reimburse us for all of our costs and expenses related to the
defense of any such claims, including attorneys' fees.
LIMITATIONS OF LIABILITY
BY ENROLLING
IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE
READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF CCLS SERVICES
DESCRIBED HEREIN.
WARRANTY LIMITATIONS
EXCEPT
FOR THE LIMITED WARRANTY SET FORTH IN THIS AGREEMENT, IF THERE IS ANY, WE
MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICES AND EXPRESSLY
DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF
MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT, OR ANY WARRANTIES THAT THE SERVICE WILL MEET CUSTOMER
REQUIREMENTS. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT
LIMITED TO, CCLS EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY
OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
MISCELLANEOUS
General Provisions. This Agreement does not
provide any third party with a remedy, claim, or right of reimbursement. Failure
by CCLS to enforce any provision(s) of this Agreement shall not be
construed as a waiver of any provision or right. This Agreement, and all
other aspects of the use of the Service and the CCLS website, shall be
governed by and construed in accordance with the laws of the City of Cebu, and the Philippines. This governing law
provision applies no matter where you reside, or where you use or pay for
the Service. This Agreement constitutes the entire agreement between us and
supersedes all prior agreements, understandings, statements, or proposals
concerning the Service, including representations, whether written or oral.
No written or oral statement, advertisement, or service description not
expressly contained in the Agreement will be allowed to contradict,
explain, or supplement it. Neither you nor CCLS is relying on any
representations or statements by the other party or any other person that
are not included in this Agreement. If any provision in this Agreement is
found to be invalid or unenforceable, the remaining provisions shall remain
in full force and effect.
Events Beyond Our Control. CCLS will not be responsible
to you for any delay, failure in performance, loss, or damage due to fire,
explosion, power blackout, earthquake, volcanic action, flood, the weather
elements, strike, embargo, labor disputes, civil or military authority,
war, acts of God, acts or omissions of carriers or suppliers, acts of
regulatory or governmental agencies, or other causes beyond our reasonable
control.
Survival. The provisions of this
Agreement relating to limitations on liability, warranty limitations,
billings, and your obligations to pay for the Service provided, including
any additional usage charges, shall survive any termination of this
Agreement or termination of the Service.
Non-Waiver. Failure by CCLS to insist upon
strict performance of any terms or conditions of this Agreement or failure
or delay to exercise any rights or remedies provided herein or by law shall
not release you from any of the warranties of obligations of this
Agreement, and shall not be deemed a waiver of any right of CCLS to insist
upon strict performance hereof or any of its rights and remedies.
Changes to this Agreement. CCLS may change this Agreement
from time to time. Any changes will be posted at the Terms of Service
section of the CCLS website, currently located at www.cebcls.info.
Notice will be considered received by you and any such changes will become
binding and effective on the date the changes are posted to the CCLS
website. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICE
AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS, OR CONDITIONS, YOU AGREE
TO THE CHANGES. The Agreement as posted supersedes all previously agreed to
electronic and written terms of service.
Cebu Creative Learning Systems,
Inc.
Cebu City, 6000 Cebu
April 2007
Contact
the Web site: If you have any questions about this terms of service
agreement-statement, or the practices of Cebu Creative Learning Systems Web
site, you may contact our office:
By
E-mail: info@cebucls.info; oscar@cebucls.info
By
telephone: (032) 259.8003
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