Bond English Educational Services Terms and Conditions

OUR TERMS

1.  THESE TERMS

 

1.1

What these terms cover. These are the terms and conditions on which we supply educational services to you.

1.2

Why you should read them. Please read these terms carefully before you choose to work with us and book any of our services. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem, or if you want to cancel a confirmed booking and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

 

2.  INFORMATION ABOUT US AND HOW TO CONTACT US

 

2.1

Who we are. We are Bond English, a business based in England, providing educational services to all levels of higher education for the international student market. We were founded in 2011 to fulfil the unmet needs of the international student in the UK higher level education system.

2.2

How to contact us. You can contact us by telephone at +44 (0) 20 8938 3743 or by writing to us at info@bondenglish.com

2.3

How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your sign up form or have notified to us from time to time.

2.4

”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

3.  OUR CONTRACT WITH YOU

 

3.1

How we will accept your booking. Our acceptance of your booking for our Services will take place when we write to you to accept your booking, at which point a contract will come into existence between you and us for that booking.

3.2

If we cannot accept your booking. If we are unable to accept your booking because of unexpected resourcing issues, we will inform you of this and will not charge you for the services.

 

3.3

We provide our services anywhere in the world. Though we mainly provide our services from the UK, should you require any of our team to provide our services in another country, we shall of course be happy to do so, but please be aware that additional charges will apply if this is the case. Alternatively, we may be able to provide the services remotely from the UK at no additional charge, and will discuss with you all available options prior to your making a booking.

4.  YOUR RIGHTS TO MAKE CHANGES

 

4.1

If you wish to make a change to your booking once it is confirmed, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

 

5.  OUR RIGHTS TO MAKE CHANGES

 

5.1

Minor changes to the services. We may change the services or these Terms and Conditions:

 

(a)  to reflect changes in relevant laws and regulatory requirements; and

 

(b)  to reflect changes to our business needs and growth over time.

 

5.2

More significant changes to the services and these terms. In addition, we may make the following changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund of any prepaid charges that have thus far not been utilised, before the changes take effect:

 

  1. (a) Increases to our pricing structure; or
  2. (b) Additions or removal of certain of the services we offer.

 

6.  PROVIDING THE SERVICES

 

6.1

When we will provide the services. We will supply the services to you from the date set out in your booking until we have completed the services. The estimated completion date for the services is as told to you during the booking process or until either you end the contract for the services as described in Clause 7 or we end the contract by written notice to you as described in Clause 8.

 

6.2

We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to cancel the booking and receive a refund for any services you have paid for but not received.

6.3

If you do not allow us access to provide services. If you have asked us to provide the services to you at your property or a property arranged by you and you do not allow us access to such property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may cancel the booking and Clause 7.3 will apply.

 

6.4

What will happen if you do not provide required information to us. As we informed you in the description of the services on our website, we will need certain information from you (and if you are not the student, from the student himself or herself) so that we can provide the services to you. We will contact you to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see Clause 8.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.5

Reasons we may suspend the services. We may have to suspend the services to:

(a)  deal with technical problems or make minor technical changes if any of the services will be provided remotely;

 

(b)  update the services to reflect changes in relevant laws and regulatory requirements;

 

(c)  make changes to the services as requested by you or notified by us to you (see Clause 5).

 

6.6

Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 10 business days in any two week period, we will adjust the price so that you do not pay for services while they are suspended or agree with you to extend the term in which we will provide the services to you to make up for the period of suspension. You may contact us to end the contract if we suspend the services, or tell you we are going to suspend them, in each case for a period of more than 10 business days and we will refund any sums you have paid in advance for services not provided to you.

 

6.7

We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to (see Clause 10.4) and you still do not make payment within 5 business days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see Clause 10.6) unless, in our sole discretion, the dispute is not valid and/or not made in good faith. We will not charge you for the services during the period for which they are suspended. As well as suspending the services, and without restricting any other rights we may have in law, we can also charge you interest on your overdue payments (see Clause 10.5).

 

7.  YOUR RIGHTS TO CANCEL CONFIRMED BOOKINGS

 

7.1

You can always cancel any confirmed booking before the services have been supplied and paid for. You may contact us at any time to cancel any confirmed booking, but in some circumstances we may charge you certain sums for doing so, as described below.

7.2

What happens if you have good reason for cancelling a confirmed booking. If you are cancelling a confirmed booking for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:

(a)  we have told you about an upcoming change to the services or these terms which you do not agree to (see Clause 5.2);

 

(b)  we have told you about an error in the price or description of the services you have booked and you do not wish to proceed;

 

(c)  there is a risk the services may be significantly delayed because of events outside our control;

 

(d)  we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 10 business days; or

 

(e)  you have a legal right to end the contract because of something we have done wrong.

 

7.3

What happens if you cancel a confirmed booking without a good reason. If you are not cancelling a confirmed booking for one of the reasons set out in Clause 7.2, your booking will be cancelled but we may charge you the hourly charge confirmed for your booking as compensation for the costs we will incur as a result of your cancelling the booking depending on the date on which you cancel the booking, as set out below:

Cancellation Notice  Cancellation Charge 
Cancellations within 48 hours of the confirmed booking 100% of the Confirmed Booking Charge for the cancelled session
Cancellations between 72-48 hours of the confirmed booking 50% of the Confirmed Booking Charge for the cancelled session
Cancellations with over 72 hours’ notice from the confirmed booking No Cancellation Charge

 

7.4

What happens if you end the contract without a good reason. Unless you have a right to end the contract immediately (see Clause 7.2), the contract will not end until 30 days after the day on which you contact us. We will refund any advance payment you have made for services which will not be provided to you. For example, if you tell us you want to end the contract on 4 February the services will stop on 3 March. We will only charge you for services up to 3 March (whether or not they have been utilised) and will refund any pro-rated sums you have paid in advance for services after 3 March.

 

8.  OUR RIGHTS TO END THE CONTRACT

 

8.1

We may end the contract if you break it. We may end the contract at any time by writing to you if:

(a)  you do not make any payment to us when it is due and you still do not make payment within 5 business days of us reminding you that payment is due;

 

(b)  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;

 

(c)  where you are arranging the location for the services to be provided, you do not, within a reasonable time prior to the confirmed booking, give us details of the arranged property so that we may attend to provide the services to you or provide us with access to such property to enable us to provide the services to you.

 

8.2

You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 8.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you a percentage of the price calculated as per Clause 7.3 depending on the date on which we end the contract, as compensation for the costs we will incur as a result of your breaking the contract.

8.3

We may stop providing the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least one month in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided after that date.

 

9.  IF THERE IS A PROBLEM WITH THE SERVICES

 

9.1

How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us by telephoning +44 (0) 20 8938 3743 or by writing to us at info@bondenglish.com. Alternatively, please speak to your tutor or consultant directly.

 

9.2

Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

 

Summary of your key legal rights

 

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

 

The Consumer Rights Act 2015 says:

 

you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

 

if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

 

if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

 

9.3

Our guarantee in addition to your legal rights. We offer the following goodwill guarantee which is in addition to your legal rights (as described in Clause 9.2) and does not affect them. In the unlikely event there is any issue with the services:

(a)  if remedying the issue is impossible or cannot be done within a reasonable time or without significant inconvenience to you we will refund the price you have paid for the services.

 

(b)  in all other circumstances we will use every effort to fix the issue free of charge, without significant inconvenience to you, as soon as we reasonably can. If we fail to remedy the defect within a reasonable time, we will refund the price you have paid for the services.

 

10.  PRICE AND PAYMENT

 

10.1

Where to find the price for the services. The price of the services (which includes VAT) will be the price set out in our price list in force at the date of your booking unless we have agreed another price in writing. We use our best efforts to ensure that the prices of services advised to you are correct. However please see Clause 10.3 for what happens if we discover an error in the price of the services you have booked.

10.2

We will pass on changes in the rate of VAT. If the rate of VAT changes between your booking date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.

10.3

What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the service’s correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the service’s correct price at your booking date is higher than the price stated, we will contact you for your instructions before we accept your booking.

10.4

When you must pay and how you must pay. Where required (as stated on our price list), you must make an advance payment of 100% of the price of the services, before we start providing them. Where advance payment is not required (as stated on our price list), we will invoice you weekly in arrears for the services until the services are completed. You must pay each invoice within seven (7) calendar days after the date of the invoice. We accept payment by bank transfer, credit card and Paypal and all payments must be made in GBP Sterling.

10.5

We can charge interest if you pay late. If you do not make any payment to us by the due date (see Clause 10.4) we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

10.6

What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know, and in any event within 7 days of the date of invoice. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date. All disputes to invoicing must be made in good faith.

 

11.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

 

11.1

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or consequential. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the booking process. However please note that we disclaim all liability for failing to attain the results you hope to achieve in educational marks or for non-acceptance onto the courses you apply for as these are not within our control.

 

11.2

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at Clause 9.2.

11.3

When we are liable for damage to your property. If we are providing services in your property or a property arranged by you, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to such property that we discover while providing the services.

 

11.4

We are not liable for business losses. We only supply the services for private use.

 

12.  HOW WE MAY USE YOUR PERSONAL INFORMATION

 

12.1

How we will use your personal information. We will use the personal information you provide to us to:

(a)  provide the services;

 

(b)  process your payment for such services; and

 

(c)  if you agreed to this during the booking or sign up process, to inform you about similar services that we provide that we think might be of benefit to you, but you may stop receiving these communications at any time by contacting us.

 

12.2

We may pass your personal information to credit reference agencies. Where we extend credit to you for the services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.

12.3

We will only give your personal information to other third parties where the law requires us to do so.

13.  OTHER IMPORTANT TERMS

13.1

Intellectual Property Rights. All intellectual property rights in or arising out of or in connection with the services or in the teaching and educational methods and materials used in the performance of the services shall be owned by us.

13.2

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 5 business days of us telling you about it and we will refund you any payments you have made in advance for services not provided.

13.3

You may only transfer your rights under this Agreement to someone else. You may only transfer your rights or your obligations under these terms to another person with our written consent.

13.4

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.5

If a court finds part of this contract illegal, the rest will continue in force. 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.

13.6

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

13.7

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts