As part of its business operations, Crimson Education offers education services (the ʻTutoring Services’) to assist the Student to heighten academic performance, expand extracurricular engagement and/or apply for university. The Client desires to engage Crimson Education to provide such Services to the student in accordance with the terms and conditions as set out in this agreement (“this Agreement”). The parties have agreed to enter into this Agreement to define and set forth the terms and conditions of the Services to be provided by Crimson Education to the Student.
These terms and conditions relate to the purchase of packages of 5, 10, or 20 online tutoring hours. Please review our workshop and course terms and conditions at https://www.crimsoneducation.org/nz/medview/t-c-s/
The parties agree that:
Article 1. Definitions
1.1. In this Agreement the following words and phrases have the following meanings:
“Agreement” means this agreement, including all subsequent amendments to this agreement agreed in writing between the parties.
“Commencement Date” means the commencement date specified on the front page of this Agreement, subject to the Client's compliance with its payment obligations set out in Articles 5 arising on or by the Commencement Date.
“Completion Date” means the completion date specified on the front page of this Agreement, subject to any prior termination in accordance with this Agreement or any extension agreed to in writing and executed between the parties.
“Tutors(s)” tutors which are selected by Crimson Education and form part of the Student's dedicated support team.
“Tutoring Services” means the services to be provided by Crimson Education through its Tutors as set out in Article 3 and all such other consulting services agreed in writing between the parties.
“Crimson Education” means Crimson Consulting Ltd.
“Crimson App” means the online Learning Management System of Crimson Education, which students will be given access to once the student engages Crimson Education.
“Fees” means the total maximum amount payable under this Agreement for the provision of the Consulting Services during the Team.
“Intellectual Property” means all materials, copyrights, trade marks, designs, patents and other legal interests recognized or protected as intellectual property under the jurisdiction of this Agreement.
“Notice” means notice in writing including those conveyed by facsimile, letter, email and other electronic communication methods.
“Term” means the period from the Commencement Date to the Completion Date (inclusive in each case), during which the Services will be provided.
Article 2. Provision of the Tutoring Services
2.1. Crimson Education will provide Tutoring as detailed in Article 5. The Client acknowledges and agrees that the Tutoring Services will be provided by one or more tutors.
2.2. Each Tutor will be employed or engaged by Crimson Education, and the Client and the Student will not have any legal relationship with the Tutor. Crimson Education will be responsible for making all payments to its Tutors. Any claims relating to a failure by the Tutors to provide any of the Consulting Services in accordance with this Agreement are to be made to Crimson Education directly.
2.3. Crimson Education may replace a Tutor at any time for any reason, and will notify the Client and the Student if this occurs. The Client reserves the right to request a change of Tutor and shall raise any concerns relating to the Tutors' performance with Crimson Education directly.
2.4. Unless otherwise agreed, all tutoring, mentoring, coaching and other services provided by Crimson staff will be on a one-to-one basis through online audiovisual platforms.
2.5. Crimson Education will not be required to provide any Tutoring Services after the expiry of the Term if they could not be provided at the fault of the Student or Client, even if those Tutoring Services were to be delivered during the Term. The Term can be extended through mutual agreement in writing.
2.6. Based on an assessment of the Student's needs and staff availability, the Tutor may at his/her discretion engage other Crimson Education staff to provide support work at no additional cost to the Client, provided that such support work is consistent with the scope of the Services set out in this Agreement and is approved by both parties in writing.
2.7. For services measured in hours, scheduled lessons can be cancelled and subsequently rescheduled by both parties if at least 24-hours' notice is provided unless this is impossible or impractical due to unforeseen or emergency events outside of the Student's control.
(a) If the Student cancels the session within 24-hours, the Student will incur a half-hour deduction in time.
(b) If the Tutor cancels the session within 24-hours, the Student will receive a half-hour credit.
Article 3. Crimson Education Obligations and Acknowledgements
3.1. Crimson Education will ensure that:
(a) all work shall be completed in a professional manner and in compliance with all applicable laws and admissions application guidelines; and
(b) no Tutor will engage in any unethical behaviour, including, but not limited to, writing or fabricating any information on the Student's admission application(s).
3.2. Crimson Education will endeavour to provide the best-fit Crimson staff for the Student and will reallocate staff as soon as practicable to the Student where:
(a) the Tutor/Consultant resigns;
(b) the Tutor/Consultant becomes permanently unavailable due to sickness or death; or
(c) Crimson Education considers that the Tutor/Consultant is otherwise unable or unfit to carry out their role.
3.3. Crimson Education will endeavour to:
(a) ensure the Student utilises the hours stipulated in Article 5 in an efficient and effective manner.
(b) respond to communications sent by the Client and Student or its representatives via email, text message or phone call within 48 hours unless under unforeseen circumstances
Article 4. Client and Student Obligations and Acknowledgements
4.1. The Client agrees to:
(a) endeavour to ensure that the Student complies with the terms of this Agreement;
(b) incur the cost of registration relating to any examinations, tests, and/or applications on behalf of the Student (this includes, but is not limited to the UCAT, GAMSAT exams and/or GEMSAS/UAC and US/UK university applications as relevant to the Student); and
(c) inform Crimson Education of the Student's academic and admissions results promptly after they become available.
4.2. The Student agrees to:
(a) make himself/herself available at reasonable times to the Tutor, and communicating promptly with the Consultant;
(b) utilize all aspects of the Crimson App constructively and consistently (any actions that are offensive or defamatory are prohibited); and
(c) make reasonable efforts to utilize allocated hours within the timeframes specified under Article 5:
(i) reasonable effort includes but is not limited to contacting Tutors to schedule lessons providing reasonable availability; and
(ii) the Tutors will provide advice as to suitable arrangements as a means of utilizing assigned hours efficiently and effectively.
4.3. The Client and Student agrees to:
(a) contact the allocated Education Coordinator or Admin (email@example.com) within three (3) working days should any issues arise preventing the Student from utilizing the Services outlined in Article 5;
(b) endeavour to respond to any communication from Crimson Education's tutors, administrators and consultants within 48 hours; and
(c) adhere to the terms of this Agreement.
4.4. The Client and the Student will not engage any Tutor directly to provide services to the Student or otherwise agree to make any payments directly to any such Tutor, at any time during the Term and for a period of 2 years after the expiry of the Term.
(a) Any breach by the Client or the Student of this clause entitles Crimson Education to claim from the Client the value of the Services which would have otherwise been provided through Crimson Education.
4.5. The Client acknowledges that:
(a) while Crimson Education will maintain consistent and ongoing engagement with the Student, Crimson Education will not be responsible for the Student’s level of engagement, or lack thereof;
(b) any discussions, proposals, marketing materials or other information relating to the provision of services by Crimson Education do not form a part of this Agreement unless expressly set out in this Agreement, or otherwise agreed to by both parties in writing; and
(c) any aspect of the Services that refers to “Unlimited” time is intended to be used by the Student in a reasonable timeframe and manner.
(i) What constitutes a reasonable timeframe and manner is at the discretion of Crimson Education and will take into account the requirements of the Student as contemplated by the scope of the Services in this Agreement.
Article 5. The Services
5 hours of personalised tutoring (choose from UCAT, GAMSAT, MMI or a combination of various elements).
Or 10 hours of personalised tutoring (choose from UCAT, GAMSAT, MMI or a combination of various elements).
Or 20 hours of personalised tutoring (choose from UCAT, GAMSAT, MMI or a combination of various elements).
5/10/20 hours of personalised tutoring (choose from UCAT, GAMSAT, MMI or a combination of various elements) include: Access to the Crimson App, Expert tutoring in the safety of your home, Flexibility to reschedule class.
Fees As described in store purchase.
Article 6. Fees and Payments
6.1 The total maximum Fees payable under this Agreement for the provision of the Services for the entire Term is that which is described in your local currency upon store purchase. which is payable in accordance with Article 6.
6.2. If any payment is not made by the due date set out in this Article 6, Crimson Education may suspend the provision of the Consulting Services until payment has been made:
(a) any late payments will incur a late payment fee of 0.075% per day the payment is overdue; and
(b) any expenses, disbursements and legal costs incurred by Crimson Education in the enforcement of its rights contained in this Agreement arising from a default by the Client shall be paid by the Client, including any reasonable legal or debt collection agency fees.
6.3. Payments will be made by the Client by one of the following payment options:
Payment – Credit Card
Done via Shopify. To extend tutoring hours please contact your Academic Advisor to arrange the payment gateway with the Accounts team.
Please note that there is a 3-5% surcharge for all credit card payments.
Article 7. Intellectual Property & Confidentiality
7.1. The Client acknowledges that the work (including, but not limited to: essays, leadership projects, test results) is through the joint efforts of the Student and Crimson Education Consultants, and:
(a) the Student's work (including, but not limited to: essays, leadership projects, test results) may be used for educational or promotional purposes with prior written consent from the Client;
(b) if the work includes the Student’s identity, the Student’s identity will not be disclosed by Crimson Education without prior written consent from the Client;
(c) the Client acknowledges that they cannot use any of the work produced by the Student through the provision of the Services for commercial purposes without the prior written consent of Crimson Education.
(d) Crimson Education acknowledges that it cannot use any of the work produced by the Student through the provision of the Services for commercial purposes without the prior written consent of the Client.
(e) Both parties agree to not unreasonably withhold consent for use of these resources by the other party.
7.2. The Consultant and Client agree that Crimson Education is the exclusive owner of all the Intellectual Property rights in all documents, software and training programs and/or manuals or products in any way created or developed under or pursuant to this Agreement and/or provided by Crimson Education or any Tutor to the Client or the Student through or relating to the provision of the Services. Crimson Education grants a limited, non-exclusive license to the Student to use such Intellectual Property during the Term for the purposes of him or her obtaining the benefit of the provision of the Consulting Services but for no other purpose.
7.3. The Client and Student agree that they will hold all information which is not in the public domain, and which the Student or Client become aware of during the course of Crimson Education providing the Services, in confidence and will not share, reproduce, distribute or show any other person in whole or in part, any of the correspondence, resources or advice given by Crimson Education, without the consent of Crimson Education.
(a) For clarity, the confidential information includes but is not limited to:
(i) the terms (including fees payable by the Client) of this Agreement; and
(ii) all oral, written, visual, electronic and/or printed materials which are provided by Crimson Education and/or a Tutor t to the Student or the Client, and which are not in the public domain.
7.4. Crimson Education agrees to hold the following information in confidence:
(a) the terms (including fees payable by the Client) of this Agreement; and
(b) the fact that the Student is receiving Services from Crimson Education unless otherwise agreed to between the Parties in writing.
Article 8. Termination & Dispute Resolution
8.1. Either party may terminate this Agreement by written notice, if the other party:
(a) commits a material breach in the performance of any obligation under this Agreement; and
(b) that breach continues for a period greater than 10 working days from the date that breach is notified to the other party.
8.2. Should early termination occur as a result of:
(a) Crimson Education terminating this Agreement due to the Client breaching this Agreement, a refund will not be available and the Client is required to pay any future instalments as they come due;
(b) the Client terminating this Agreement due to Crimson Education breaching this Agreement, a partial refund may be available, and the Client is not required to pay any future instalments as they come due;
(c) a mutual agreement in writing between the parties, a refund will not be available, but the Client is not required to pay any future instalments as they come due; and
(d) where the Client terminates this Agreement due to the Client changing his or her mind or other circumstances that do not involve a breach of this Agreement by Crimson Education, a refund will not be available and the Client will be required to pay any future instalments as they come due. With regards to any outstanding instalments, the Client has the selection of one of following options available:
(i) a transfer of the value of unused services outlined in Article 5 into other services provided by Crimson Education or its subsidiaries at a conversion rate to be determined by Crimson Education; or
(ii) a transfer of the unused services outlined in Article 5 to a sibling or current Crimson Education Student subject to an administration fee of up to 15% of the total value of the services to be transferred.
8.3. If a dispute arises, the parties will attempt to resolve it by good faith discussions within 15 working days after the dispute is notified in writing by one party to the other party.
8.4. Special Circumstances leading to early termination:
(a) Where one of the following special circumstances occurs, the Client will not be required to pay any agreed future instalments as they come due:
(i) the Student passes away;
(ii) the Student is diagnosed with a severe illness that renders them unable to attend school or undertake any education related activities; or
(iii) any other situation Crimson Education deems to be special circumstance.
Article 9. Liability
9.1. The Client understands that Crimson Education does not guarantee academic performance, results, scholarship awards or offers of entry to universities and will not be held accountable or responsible for the academic success or lack thereof demonstrated by the Student.
9.2. The Client agrees to bring any claim in connection with the services only against Crimson Education, and not against any individual (including any Consultant) whether or not that individual is involved in providing any services in relation to this Agreement at any point in time.
9.3. Crimson Education will (and will procure that its Consultants will) provide the Consulting Services with due care and diligence.
Article 10. General
10.1. Any modifications to this Agreement will only be valid if recorded in writing between the parties, which may include email confirmation by the Client. Any changes to the fees payable by the Client for additional or amended Services must be recorded in the same manner in order to be valid.
10.2. A waiver of any of the terms of this Agreement by Crimson Education will not be effective unless it is recorded in writing.
10.3. This Agreement may be duly executed and delivered in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement.
10.4. Any copy of this Agreement that is received by facsimile or via email in PDF or other document reproduction format may be relied on by any party as though it were an original copy of this Agreement. This Agreement may be entered into on the basis of an exchange of facsimile, PDF or other document reproduction format.