The White Apple Company provides live online English language tutoring services to their Customers. The White Apple Company hereinafter referred to as the Company, will be engaged in Contract to conduct online English lessons to the individual and corporate clients (hereinafter – the Customer) as described on www.thewhiteapple.com
TERMS AND DEFINITIONS
Definitions are treated according to their nature and content of this Contract. Below is a list of these definitions:
1.1. Services: Online language lessons via the Internet
1.2. Lessons: Duration of a typical single lesson is 25 minutes, a double lesson is 50 minutes, a triple lesson is 75 minutes. Lesson duration is subject to the Customer’s requirements
ACCEPTANCE OF CONTRACT
2.1. The text of this Contract is an open public offer
2.2. Acceptance by the Customer of this Contract means that they have fully agreed with all the terms of this Contract
3.1. The Contract does not necessarily require a signature and stamp of the Parties while maintaining full force and effect
4.1. In accordance with the terms of this Contract, the Company agrees to provide services to the Customer in the form of online language lessons with the Customer via the Internet and using various Virtual Classroom platforms
4.2. Methodology and format of the online lessons are determined by the Company, taking into account the information provided by the Customer before and during the course of lessons
RIGHTS AND OBLIGATIONS OF THE PARTIES
The Company is obliged:
5.1. Provide services specified in paragraph 4.1. of this contract to the Customer properly, in accordance with the terms of this Contract
5.2. Not to disclose confidential information and data provided by the Customer in connection with the execution of this Contract
The Company has the right to:
5.3. For the execution of this Contract, bring fully qualified professionals in the areas of knowledge required for the successful implementation of the services
5.4. Require a full pre-payment from the Customer for the Services in accordance with the terms of this Contract
5.4.1. Company reserves the right to monitor and video/audio record the lessons for training and marketing purposes. If Customers don’t wish for such recording to take place, they should inform The Company immediately by emailing to [email protected]
The Customer is obliged:
5.5. To pay the Company the cost of Services in the manner and within the time limits set by Terms and Conditions of this Contract
5.6. To provide the Company with all the information and data necessary to carry out its obligations under this Contract
5.7. Not to disclose confidential information and other data provided by the Company in connection with the execution of this Contract
The Customer has the right to:
5.8. Require the Company to meet its obligations under this Contract in time and with the right quality
5.9. Refuse to comply with the terms of this Contract in the event that the Company has not commenced the performance of obligations under this Contract
SERVICE TERMS AND POSTPONEMENT OF LESSONS
6.1. The Company conducts online lessons in accordance with a timetable that is confirmed by the Customer
6.2. The Customer has the right to re-schedule their regular one-to-one lesson for another time, but is required to notify the Company by emailing 24 hrs before the scheduled lesson. In this case, the lesson is considered postponed. Late cancellations where less than 24 hrs notice is given, are charged a full lesson fee.
6.3. If the Customer didn’t sign in to their scheduled lesson, the teacher will remain online and for the following 10 minutes attempt to contact the Customer via email or WhatsApp. If the Customer is still unavailable, the lesson is then considered no show/missed at the Customer’s expense.
6.4. If within 10 minutes of the lesson starting time the Customer does not receive a call from the teacher, they must immediately contact the Company at [email protected]
6.5 Group classes Terms and Conditions:
~ To cancel a class, the Customer must provide the teacher with two days notice in writing
~ Group courses fees are non-refundable but the pre-payment can be used for other Group Courses booked within one month, subject to an administration fee GBP 160.00 if less than 10 lessons left, and GBP 280.00 for 10+ lessons.
6.6 The Company is not responsible for technical difficulties or the loss of connection on the Customer’s side.
7.1. All classes are conducted on Zoom. Customers can check Zoom system requirements on www.zoom.us
COSTS AND PAYMENTS
8.1. The cost of services and payment methods are published online at www.thewhiteapple.com
8.2. Payment Services under this Contract shall be made on the basis of a full pre-payment and in accordance with this Contract, at least 2 working days before a scheduled lesson for one-to-one lessons, and 3 weeks for group lessons.
8.3. Lesson fees may vary depending on the market situation and are published on the Company’s website. The Company cannot change the cost of purchased Services for a particular Customer if they have already accepted the terms of this Contract and have made a payment instruction in accordance with this Contract
8.4. The moment of payment is when funds are received by the Company
8.5. The Customer is solely responsible for the accuracy of payments made
8.6. Bank charges for the transfer of funds are met by the Customer
8.7. Fees for lessons already taken by the Customer, according to the lesson log, will not be reimbursed. The Customer has the right to stop individual lessons at any point, and request the remaining pre-payment to be refunded by contacting the Company’s Customer Service at [email protected] (see p 9.1.)
CANCELLATIONS AND REFUNDS
9.1. The Customer can cancel their individual (one-to-one) course at any time. The funds for any unused lessons in the pre-paid course may be returned upon Customer’s written request made by emailing [email protected] within one month from the time of their last lesson taken, less an administration fee GBP 60.00 if less than 20 single lessons left, and GBP 90.00 for 20+ single lessons. Refunds are processed within 5 working days, to the original payment method for cards and Paypal transactions, and via Paypal if the original payment was made via a bank transfer.
10.1. In the event of force majeure (in the interpretation adopted by the Court of Arbitration practice of the Chamber of Commerce) excluding or hindering the implementation of this objective of the Treaty, the Parties shall have no mutual claims, and each Party assumes its own risk and the consequences of these circumstances
CUSTOMER SERVICE AND COMPLAINTS PROCEDURE
11.1. Disputes and disagreements that may arise in connection with this Contract shall be settled by negotiations between the Parties to this Contract. The Company aims to provide an efficient service to all Customers and partners in the UK and overseas. If you are unhappy about the standard of service that you have received from the Company, you can contact [email protected]
11.2. How to make a complaint: with regard to your lessons/progress in the course, speak to your teacher, explain your concerns and discuss possible solutions. If you’re not happy with the resolution or if your complaint is related to payments, please contact [email protected] All complaints will receive a reply within 3 working days.
12.1. Once a Customer has identified the nature of their disability, the Company has the responsibility to provide them with reasonable accommodations, to enable them to successfully access their course of choice.
Following an initial consultation with the Company’s Manager, in which the Customer has the opportunity to discuss their specific needs and requirements, a personalised learning plan is created to include any adjustments necessary to allow the Customer to feel supported and confident in accessing the Company’s services and completing their online language course.
Special provisions for Customers with learning disabilities can include extending deadlines, working with the Customer to support them in having access to assistive software and/or matching the Customer with a teacher that has the required knowledge and awareness of that particularly learning difficulty, as well as of the resources available to facilitate the Customer’s progress and development in the course. Course materials may also be designed to accommodate Customers with learning disabilities, e.g software products that read text aloud, for Customers with visual impairments, changes in the graphics and design of the materials to suit the needs of dyslexic students, etc
All efforts will be made and all resources will be exhausted by the Company in order to ensure that all Customers have fair and equal opportunities of access to the Company’s Services, a clear understanding of the terms and conditions and are treated in a non-discriminatory manner.
TERM OF THE CONTRACT
13.1. This Treaty – an offer becomes effective upon acceptance by the Customer and shall continue until the Parties fulfil their obligations. The date of acceptance is the date of payment by the Customer for the Company’s Services
13.2. This Contract shall remain in force in case of change of details of the Parties, changes in their constituent documents, including but not limited to a change of the owner.
In accordance with the Data Protection Act 1998 we will only use the information that we collect about you lawfully. We collect information about you to be able to process your order efficiently and deliver the service to you.
Client’s Personal Data collection requirements
The Company needs to know the Client’s basic Personal Data in order to provide them with services in line with the Company’s Terms and Conditions. The Company only collects data at the point of booking live online language classes, accepting Clients’ registration for the Newsletter or English placement test submission, when it’s deemed as ‘necessary’ which is not a requirement to view Company’s website.
Only data essential for the above mentioned purposes is obtained, and Clients are made fully aware of the purposes of collecting such data. Clients always have the option to request for their Personal Data to be removed from our files by emailing our Data Protection Officer [email protected]
The data that Company need to collect for processing Demo Lesson Booking Form includes and is limited to Full Name, Country/City, Email Address, Date of Birth, Phone Number, Level of English, and availability for the Demo lesson and a future course.
The Company may also collect data essential for the purposes of ensuring secure payment facilities via Paypal, but only when the Client has confirmed a number of lessons and timetable required. This data is limited to Paypal email address. Paypal email address is only used by the Company’s management for the purposes of invoicing the Client, and is safely stored on a hard drive and not available to third parties. No Client’s data is collected by the Company if the payment is being facilitated via a secure SagePay online payment system.
By submitting their Email and Name to the Placement Test results and by submitting a Demo Lesson Booking form, Clients automatically enrol for a Newsletter – but can opt out any any time. However, any Personal Data Collected for the purposes of signing up to our newsletter prior to 25 May 2018 will not be used unless the client has opted in.
No information is collected from a Client that the Company may recognise as being a ‘vulnerable person’ without assessing what their level of understanding may be. Should the Company recognise that the Client may be a ‘vulnerable person’, the Company will take steps to ensure that there is an understanding of the purpose for collecting specific Personal Data and that no unnecessary information is shared.
Any information collected directly from any individual under the age of 18, and all data collected in regards to such an individual will be done with a parent/guardian consent. Data concerning the individual and his/her parents is then stored securely on the Client’s user profile on the online platform’s secure server, on Company’s hard drives and on a secure email server.
Data regarding Company’s teachers and directors is collected for the purposes of recruitment and .includes candidates’ CVs, their name, contact details, qualifications, work experience and skills relevant to the job. Following recruitment, the only other Personal Data collected from the successful candidates are their bank details which are used for the purpose of paying teachers for the lessons they have delivered. This data can be stored on Company’s hard drives and on a secure email server.
The Company will monitor and video/audio record the lessons for training and monitoring purposes. If Clients don’t wish for a recording to take place, they should inform the Company immediately by emailing to [email protected]
The Company does not engage in third-party advertising.
How the Company keeps the information safe
The Company is committed to ensuring that the Clients’ information is secure. In order to prevent unauthorised access or disclosure, the Company has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information the Company collects online.
Where the Company keeps the information
The Booking form containing Client’s Personal Data information is received electronically directly to a secure email server and stored on the Company’s secure hard drive.
Client’s Personal Data is shared between the Company and the Company’s teachers and the management team via a secure email service and all staff has adequate training and awareness of the procedures in order to keep Personal Data secure.
None of the information regarding Personal Data is shared with third parties, without the Client’s prior consent in writing.
Clients’ Personal Data, such as full name, email address,location, availability, level of English, Progress Reports, Lesson Reports and placement test results can be stored on the Clients’ user profile on the online platform’s secure server, on Company’s hard drives and on a secure email server.
Data regarding the Company’s teachers and directors is stored securely on their user profile on the secure server of the online platform, on the Company’s hard drives and secure email server.
How long the Company keeps the information
The Company is required under UK tax law to keep the Client’s basic Personal Data (Client’s name, email address, and details regarding English level and progression) as well as Information regarding teachers (name, address, email address, phone number, previous employment history and education) for a minimum of 6 years after which time it will be destroyed. Client information the Company uses after 25 May 2018 for marketing purposes will be kept until the Client notifies us that they no longer wish to receive this information and opts out of receiving Newsletters, or emails [email protected]
What the Company would also like to do with the information
The Company requires Clients’ personal information to understand the Client needs and provide Clients with a better service, and in particular for the following reasons:
- Internal record keeping
- The Company may use the information to improve their products and services
- The Company may periodically send promotional emails about new products, special offers or other information which the Company thinks Clients may find interesting using the email address which Clients have provided
- From time to time, the Company may also use Clients’ information to contact them for market research purposes. The Company may only contact them by email
- The Company may use the information to customise the website according to Clients’ interests
If the Client is not happy with the Clients’ information being used for any of the above, they should contact our Data Protection Officer at [email protected]
A cookie is a small file which asks permission to be placed on the Client’s computer’s hard drive. Once a Client agrees, the file is added and the cookie helps analyse website traffic or lets Clients know when they visit a particular site. Cookies allow Company’s applications to respond to a Client as an individual. The Company application can tailor its operations to the Client’s needs, likes, and dislikes by gathering and remembering information about Clients’ preferences.
The Company uses traffic log cookies to identify which pages are being used. This helps analyse data about Company’s page traffic and improve Company’s website in order to tailor it to customer needs. The Company only uses this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help the Company provide Clients with a better website, by monitoring which pages Clients find useful. A cookie in no way gives the Company access to Clients’ computer or any information about them, other than the data they choose to share.
Clients can choose to accept or decline cookies. Most website browsers automatically accept cookies, but Clients can usually modify their browser setting to decline cookies if they prefer. This may prevent them from taking full advantage of the website.
Links to other websites
The Company’s website may contain links to enable Clients to visit other websites of interest easily. However, once a Client has used these links to leave the Company’s website, they should note that the Company doesn’t have any control over that other website. Therefore, the Company cannot be responsible for the protection and privacy of any information which Clients provide whilst visiting such sites and such sites are not governed by this privacy statement. Clients should exercise caution and look at the privacy statement applicable to the website in question.
Controlling Client personal information
Clients may choose to restrict the collection or use of their personal information in the following way:
If they have previously agreed to the Company using their personal information for direct marketing purposes, they may change their mind at any time by emailing our Data Protection Officer [email protected]
The Company will not sell, distribute or lease Clients’ personal information to third parties unless it has Clients’ written permission or is required by law to do so.
If at any point the Client believes the information the Company processes on the Client is incorrect, the Client may request to see this information and even have it corrected or deleted by contacting our Data Protection Officer [email protected]
If the Client wishes to raise a complaint on how the Company has handled Client’s Personal Data, the Client can contact our Data Protection Officer who will investigate the matter.
If the Client is not satisfied with our response or believe the Company to be processing the Client’s Personal Data not in accordance with the law the Client can complain to the Information Commissioner’s Office (ICO).
What happens when the Client agrees to Company’s Terms and Conditions
By agreeing to Company’s Terms and Conditions, Clients are giving their consent to be contacted by email or phone regarding services they’ve signed up for, and also other products that the Company think may be of interest to the Client.
Clients can always opt-out, and ask to have their contact details removed from Company’s database, by writing to [email protected]
This Quality Assurance policy outlines our belief and commitment to ensure that ongoing quality improvement is an integral part of our organisation:
– We will aim for continuous improvement in the quality of all aspects of our work as part of our determination to help learners achieve the highest possible standards
– The purpose of the Quality Assurance policy is to ensure such continuous improvement through a process of self-evaluation and action planning
– The Quality Assurance Policy and associated procedures will involve all employees and collaborative partners. The management of the process will be through the existing organisational structure. Managers will initiate procedures, collate and agree on self-assessment reports and action plans
– The quality assurance procedures will be founded in a process of regular self-evaluation, in addition to teacher and client feedback
– Wherever appropriate, the procedures will promote the identification of quality standards and performance indicators against which performance can be measured, evaluated and improved, for example OFSTED
Responsibility for Implementation
– All staff (managers, teachers) are responsible for the implementation of the Quality Assurance policy
– It is the Executive Director’s responsibility to ensure there is an annual review of the policy
– It is the responsibility of all to engage positively in that review and ensure implementation
Focus on Quality Assurance
– To encourage continuous improvement in the quality of all teaching and learning programmes, thereby making learning an enjoyable activity and through this, increasing learner retention and the achievement of individual learning aims
– To ensure rigorous, standardised and consistent assessment procedures
-To monitor and evaluate the procedure for advising, teaching and monitor the progress of learners throughout their time
– To ensure that course materials, including the intended learning outcomes, are regularly reviewed, updated and improved using feedback from students and teachers as appropriate, as well as being sourced from professional and reputable EFL publishers
– To verify that all teachers are EFL trained and ensure that they are British native speakers
– To monitor and evaluate performance and developmental needs of the teachers through regular internal observations
– To monitor and evaluate the effectiveness of the training and development against the students’ requirements and the School’s strategic goals
– All learners at Induction will be made aware of the quality standards
– All learner feedback will be analysed and acted upon
– All learners files will be continuously and rigorously assessed for quality
– The process of quality control requires all staff to meet on a regular basis to review their work, set standards and monitor learner perceptions and achievements.
– Quality control will be carried out against agreed criteria which will incorporate performance indicators
– The review will be supported by analysis of learners, teachers and partners views and perception, gathered via questionnaires, and review meetings
The outcome of these processes will provide information:
- To inform the process of The Online English Language School self-assessment and development planning
- To action plan for improvement
- To highlight issues that need consideration
Feedback on actions resulting from this quality review process will be communicated to all staff via regular team and/or individual meetings.