Terms of Payment
1. Payment Terms
1.1. For the entire duration of the Contract, the Client Undertakes the responsibility of paying the invoices sent by TutorYou, according to the terms indicated by TutorYou. For payments by bank transfer, the data for completing the payment are shown below:
INTESA SAN PAOLO
ABI 03069 CAB 09526
ACCOUNT N° 100000006677
1.2. The Customer shall settle each invoice within 5 business days after it has been issued by TutorYou.
1.3. In the event that the Customer decides to pay by bank transfer, he shall provide a receipt of payment within the time limit indicated in 1.2.
1.4. For the hourly cost services offered by TutorYou, TutorYou offers the Client the option to upload a prepayment, within a digital wallet (hereinafter referred to as the “Wallet”), which will be used by the Client to purchase and use the particular Services to which he/she intends to access/enroll and individual classes. The Wallet must be used by the Client by 1st of July of the academic year in which it was purchased and may not be transferred to other divisions of the company (including but not limited to Tutoring, University Counseling, University Entrance Exam Preparation) unless otherwise specified by TutorYou. The Client is not entitled to any reimbursement in relation to the amount spent on unused Services.
1.5. In cases where TutorYou specifies that the Client will not pay in advance for hourly services, a corresponding invoice will be issued once the sum of the amount owed by the Client reaches € 500.00 or, in the event that this threshold is not reached, on a monthly basis.
1.6. The Customer in any case acknowledges and accepts that the fees for hourly cost services offered by TutorYou may be subject to change at the discretion of TutorYou which, in any case, undertakes to communicate in time the changes and the date on which they will take effect.
1.7. For flat-rate services, unless otherwise specified in the quote, invoices are issued in the following manner:
– 50% at the beginning of a previously accepted service
– 50% at the conclusion of the same service
1.8. For academic courses with a set number of hours, invoices are issued and must be paid in full prior to the start of the course, unless otherwise specified in the quote. Should there be additional charges for services not included in this Contract, TutorYou will issue an invoice that must be paid as described in clause In the event that there should be additional costs for services not included in this Contract, TutorYou will issue an invoice which must be paid according to the modalities described in point 1.3.
1.9. The costs of the stamp duty will be borne by the Client.
1.10. For payments by bank transfer, the costs of bank transactions, including currency exchange, commissions, or any other cost item, are to be understood as borne by the Client.
1.11. For payments by credit card or other digital payment service, the commissions must be paid by the Client if made outside the European Union.
1.12. In case of non-compliance by the Client with the Payment Terms of this Contract, the measures referred to in art. 4 of the Contract will be applied, in terms of suspension of services and termination of the Contract pursuant to art. 1456 of the Civil Code.
2. Exclusion of Additional Services
2.1. This Contract exclusively regulates the academic support services provided by TutorYou’s collaborators and employees indicated by TutorYou. Other types of services not previously agreed between TutorYou and the Client and listed in the Contract are excluded. In all other cases the services must be charged separately. By way of example and not limited to, the excluded services are:
- Costs associated with teaching materials, extra-curricular activities, etc.;
- Registration fees for university and school exams, certifications and courses;
- Costs associated with the translation, validation and endorsement of any type of documentation;
- Additional costs related to University Application Portal operating amounts.
3. Client Obligations
3.1. This Agreement must be returned signed by the Customer no later than 15 days from the date on which the same is transmitted to the Customer, or it will be void.
3.2. The Client has the obligation to promptly send to TutorYou the information and documentation necessary for the execution of the assignment (data necessary for the compilation of dossiers, school report cards, certificates). The Client also has the obligation not to omit any type of information that may have relevance, even if only potential, for the purpose of accepting the assignment or of admitting the student to the programmes; any responsibility stemming from inaccurate information and/or reticence and/or non-transmission of relevant documents is attributed to the Client, with TutorYou reserving the right to assert its rights in this regard at any venue and Authority.
3.3. TutorYou denies all responsibility for the failed or delayed execution of the services deriving from delay, carelessness, negligence or inaction of the Client.
3.4. The Client has the obligation to promptly inform TutorYou in writing of any variation and/or circumstance that may affect, even potentially, the correct execution of the assigned assignment.
3.5. The Client is prohibited from contacting Tutors to perform individual, group lessons or educational activities outside TutorYou. The Client is also prohibited from making contact with Tutors and instructing them to perform, on behalf of the Client, academic, school, written or oral tests, draft academic papers or perform any other teaching/academic/scholastic activities. Client agrees to promptly inform TutorYou in the event that he/she is contacted by a Tutor to receive individual or group tutoring or other services outside of TutorYou. The Client agrees not to report directly to Tutors any third parties interested in the services offered by TutorYou, but to use TutorYou’s reference contacts. Violation of the above obligations and prohibitions will result in the obligation of the Client to pay TutorYou a penalty of € 5,000.00 without prejudice to greater damages.
4. Cancellation of Services Delivered on an Hourly Basis
4.1 The Client is granted the option to withdraw or cancel the Hourly Cost Services offered by TutorYou.
4.2 The Client may cancel the hourly cost service booked no later than 24 hours prior to the service taking place. In this event, the Client will be entitled to reschedule the service in accordance with TutorYou’s availability.
4.3 In the event that the Client cancels the service at an hourly cost in the period between 24 and 12 hours prior to the delivery of the same, the Client will be required to pay the fee equal to 50% of the fee related to the cancelled service.
4.4 In the event that the cancellation of the hourly cost service by the Student occurs within 12 hours prior to the service delivery, the Client will be required to pay in full the fee related to the cancelled service.
4.5 In the event that the hourly cost service is cancelled due to a fact attributable to TutorYou, it will be rescheduled by TutorYou in accordance with its own availability and that of the Student, without the latter being able to make claims or requests for compensation and/or reimbursement.
5. Express termination clause
5.1. In the event that the Client fails to pay the amounts due to TutorYou according to the Contract, after the 5 working day period referred to in the previous art. 1.3, TutorYou reserves the right to suspend all the services until the Client pays the full amount due and without the Client having the right being able to make any exceptions and/or complaints. Failure to pay the amount due after 30 days from the time the payment should have been made, qualifies as a serious breach and entitles TutorYou to terminate this Contract pursuant to art. 1456 of the Civil Code. by communication to the Client to be sent by registered letter with return receipt or by PEC, without prejudice to TutorYou’s right to compensation for damages deriving from the Client’s breach and withholding any deposit already received.
6. Right of withdrawal
6.1. Each of the parties has the right to withdraw from this Contract for properly documented just cause. The withdrawal must be communicated in writing by registered letter with return receipt or by PEC. If TutorYou is the one to withdraw, the latter will be entitled to receive compensation for the services performed up to the moment of the communication of withdrawal as well as the reimbursement of any expenses and costs incurred up to that moment, according to the provisions of article 1373, paragraph 2 of the Civil Code, eventually withholding the deposit already received. The Customer will not be entitled to receive any refund.
6.2. If it is the Client who withdraws, according to the terms of withdrawal in Article 5.1, he/she shall not be entitled to obtain any refund and TutorYou shall be entitled to receive payment for any services provided until receipt of the notice of withdrawal.
6.3. 1. For prepaid courses and services with a predefined number of hours, there is no possibility of refund. The customer may use the hours until the end of the current academic year for the purchased service. Unused hours are not transferable to other services offered by TutorYou and expire at the end of the current academic year unless otherwise specified in the contract or invoice. The terms of such an agreement must be agreed upon between the two parties. For flat fee services as per art. 1.5, the client will not be entitled to receive any refund with regards to the 50% deposit at the commencement of the service delivery.
6.4. The Client agrees, pursuant to art. 59 of Legislative Decree 205/2006, that TutorYou immediately begins the execution of the assignment upon acceptance of the Contract.
7. Moral responsibility
7.1. The Client acknowledges that all tutoring activities must be carried out within the ethics of academic support. TutorYou absolutely does not favor and does not support any illicit activity, plagiarism or other activity that does not comply with TutorYou’s Ethical Code. Attempts to circumvent these constraints or the violation of the Ethical Code constitute serious breaches and could lead to the suspension by TutorYou of the services supply to the Client or the termination of this Contract pursuant to art. 1456 of the Civil Code, as well as compensation for all damages suffered by TutorYou.
7.2. The Client acknowledges that TutorYou cannot guarantee the achievement of the desired results, including, but not limited to: the results of the final exam, the grades on the course assignments and practical work, feedback from the teachers on the assignments sent and successful admission to colleges, schools or any training institution. The Client assumes responsibility for collaborating with TutorYou and making the best effort to achieve their academic goals.
8. Data sharing
8.1. The Client agrees that TutorYou may share the Student’s personal, contact and academic data with educational institutions including, but not limited to: universities, schools, language course providers, summer course providers, TutorYou partners, for the following purposes:
■ Monitoring of students for university admission request, throughout the duration of the service provision;
■ Provide information to institutions of interest to them through student participation or request;
■ Acquire fees from partner institutions where students have successfully completed a request;
■ Communicate with institutions to which the student is applying on behalf of the student
8.2. TutorYou undertakes the responsibility of not transferring to third parties the information collected for the service offered for other purposes not mentioned in this article, unless expressly agreed to between the parties.
9. Image publishing
9.1. The Client agrees to the publication of images taken during face-to-face events and refresher courses on social networks linked to TutorYou and for promotional purposes.
10. Applicable Law and Jurisdiction
10.1. This Contract is regulated by Italian Law. Any eventual dispute regarding, among other things, the validity, effectiveness, interpretation, execution or breach of this Contract and in the absence of an out-of-court agreement between the parties, will be the exclusive Jurisdiction of the Court of Milan.
11. Processing of personal data
11.1. Pursuant to art. 13 of EU Regulation 679/2016, TutorYou informs the Client that the data provided by the latter concerning the Client and the Student will be treated guaranteeing their confidentiality and will be used only for the provision of the services offered by TutorYou and related services, to comply to legal obligations and to provide promotional and commercial information on TutorYou and third-party initiatives. They will be stored in the TutorYou electronic database.
11.2. The Data Controller is TutorYou SRL, tax code 10280740969, VAT number 10280740969, in the person of the Sole Director Mrs. Alessia Cremona, born in Milan on 05/23/1966, with registered office in Via Agostino Bertani, 6 Milan 20154, PEC tutoryousrl@legalmail,it, which the Client can contact to assert his rights under Articles 15, 16, 17, 18, 19, 20 and 21 of EU Regulation 679/2016.
11.3. The granting of consent to the processing of personal data is absolutely optional, but without it, it will not be possible for TutorYou to provide the services envisaged by this Contract. It should be noted that, in order to implement the services offered, this data may be disclosed to third parties for purposes related to the provision of the requested services.
Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, the Client declares to have read and expressly accepts the content of the clauses referred to in articles 1) Payment terms, 3) Client’s obligations, 4) Express termination clause, 5) Right of withdrawal, 6) Moral responsibility, 7) Data sharing, 8) Image publishing, 9) Applicable law and Jurisdiction 10) Processing of personal data.