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Terms and Conditions

Updated: September 2025

  1. Definitions

    1.  "The Student" means the person who is attending (in person or online) a tuition session with Birchwood Education Ltd.

    2. "Birchwood Education" or "Birchwood Education Ltd" ("we", "our") refers to the limited company providing tuition services.

    3. "Parent" or "Carer" ("You", "Your") means the person with parental responsibility for the Student.

    4. "Contract" means the contract between Birchwood Education Ltd and the Parent or Carer, as applicable, for the supply of services in accordance with these terms.

    5.  "Sessions" means the scheduled tuition sessions and the agreed dates and times as described individually to each Parent/Carer or Student.

    6. "Tutor" is the person tutoring for or on behalf of Birchwood Education Ltd.

  2. Fees and Payment

    1. The session fees will be paid per month in full 48 hours prior to the first session of the month. This will be accepted via a BACS payment or through credit or debit card.

    2. The session fee is non-refundable under any circumstance unless Birchwood Education Ltd receives, in writing, notification that the Student will not be attending further sessions within 24 hours of attending their second session. The session fee will be refunded in this instance minus the cost of the sessions that the Student attended.

    3. A schedule of tuition dates will be given to the Parent/Carer with an invoice for the half term. Payment of this invoice constitutes acceptance of the dates and times indicated on the schedule.

  3. Cancellation, Rescheduling, and Refunds

    1.  We reserve the right to cancel a tuition session if payment is not received in full 48 hours before the first session is due to take place.

    2.  If a Parent or Carer wishes to cancel the remainder of a block of sessions already paid for, they must give at least 2 weeks' notice. The remainder of the session fees already paid will then be refunded.

    3.  If the Student cannot attend a session, we will make reasonable attempts to offer an alternative time and/or day for that calendar week. If no alternative can be found, no refund shall be given.

    4. If a session is cancelled by Birchwood Education Ltd, an alternative session may be offered where possible. If no alternative can be found, the fee for the session will be refunded or offered as a credit against a future invoice.

    5.  If the Student who would normally have an in-person tuition session is unwell with an infectious disease, they may be asked to attend an online session instead. If this session is not attended, no refund shall be given.

  4. Parent/Carer Obligations

    1. The Parent/Carer must ensure that the information provided on the registration form is accurate and up to date at the time of booking. Any changes need to be sent to Birchwood Education Ltd in writing as soon as the change is apparent.

    2. It is the Parent or Carer’s responsibility to inform Birchwood Education Ltd of any special medical conditions at the point of booking. This includes any additional needs and any other condition that may be significant in the Tutor being able to conduct a session without disruption.

    3.  Homework shall be issued to the Student from time to time as the Tutor sees fit. It is the Parent/Carer's responsibility to ensure that this is completed.

    4.  It is the Parent/Carer’s responsibility to ensure that the behaviour of the Student is appropriate to a learning environment, and Birchwood Education Ltd reserves the right to terminate any session if the Student’s behaviour is deemed to be disruptive, aggressive, or puts the health and safety of the Tutor or any other person at risk.

    5.  It is the Parent/Carer’s responsibility to ensure that all computing equipment operates at at least the minimum specification required for the chosen video conferencing software, including providing a stable internet connection. In the event that the Student cannot connect to an online session due to technical failure of their equipment, no refund shall be issued.

  5. Adult Students

    1. Adult students must take on all responsibilities listed as those of the Parent/Carer for themselves.

  6. Limitation of Liability

    1. Birchwood Education Ltd shall under no circumstances whatsoever be liable to the Carer and/or Parent, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and Birchwood Education Ltd’s total liability to the Parent and/or Carer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total fee paid by the Parent or Carer to Birchwood Education Ltd when entering into the Contract.

    2. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract. This clause shall survive the termination of the Contract.

  7. Data Protection

    1.  We process and hold all personal information in accordance with UK General Data Protection Regulation (2018).

  8. Safeguarding, Communication, and Gifts

    1. All issues relating to safeguarding are governed by the Birchwood Education Ltd. Safeguarding and Child Protection Policy.

    2. In-person Tutoring: In-person sessions will take place in the dining room of the Director's home. Sessions may be videoed if consent is provided by the Parent/Carer on the registration form. If consent is provided, a Parent or Carer is not required to be present on the premises. If consent is not given, a Parent or Carer must be present for the duration of the lesson.

    3. Communication: All communication with students under 18 must be via their Parent/Carer or through the Company's approved web app. Tutors are prohibited from communicating with students directly via personal email, text, social media, or any other private channel.

    4. Gifts and Favours: Tutors are prohibited from giving gifts to students. Tutors may receive gifts from students.

  9. Audio and Video Recording

    1. Where consent is given, sessions may be recorded for safeguarding purposes. These recordings are stored for a period of 90 days and are accessible to the Parent/Carer on request. They will not be transmitted to a third party without explicit consent, unless there is a serious safeguarding concern.

  10. Events Outside of Our Control

    1. In the event of cancellation of classes due to “conditions out of our control” such as a force majeure relating to weather, illness, epidemic, or war, a refund shall not be given.

    2. We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these terms that are caused by an Event Outside Our Control.

    3. If an Event Outside Our Control takes place that affects the performance of our obligations under these terms:  

      1. we will contact you as soon as reasonably possible to notify you; and  

      2. our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of services to you, we will restart the services as soon as reasonably possible after the Event Outside Our Control is over.  

  11. Acceptance

    1. All issues pertaining to the tuition of the Student, communication with Tutors and Parents/Carers are subject to these terms and will not be replaced unless pre-agreed in writing by the Parent and Birchwood Education Ltd.

    2. These terms shall be deemed to be accepted by the Parent or Carer once the Registration form and payment have been received at which point, and on which date, the Contract shall come into existence.

  12. General

    1. We reserve the right to change and amend these terms and conditions at any given point in time.

    2. We may transfer our rights and obligations under these terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms.

    3. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

    4. The Contract is between the Parent/Carer and Birchwood Education Ltd. No other person shall have any rights to enforce any of its terms.

    5. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    6. If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    7. These terms are governed by English law. You and we, both, agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.  

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