Last Amended: January 4, 2021

Site Terms and Conditions; Modifications

These Terms and Conditions govern your use of the open-bookeducation.com site. Your use of the Site constitutes your agreement to abide by the provisions of these Terms and Conditions. We may from time to time modify the Terms and Conditions by posting revised Terms and Conditions on the Site. Your continued use of the Site after any such modification indicates your agreement to the new terms.

Privacy Policy

When you use our website and our services, we may need to collect some personal data about you in order to provide you with the services we offer.  For more information about what personal data we collect, what we process it for, and your rights in relation to personal data, please see our privacy policy at https://open-bookeducation.com/privacy-policy/.

Terms & Conditions for Open Book Education clients.

This Agreement sets forth the terms and conditions which govern the services to be provided to you Open Book Education. “You” and “your” means a subscriber of Open Book Education’s services and, where the subscriber of the services is under 18 years of age, the subscriber’s parent or legal guardian (for whom the parent or legal guardian will be held strictly responsible).  This shall constitute a binding agreement between you and Open Book Education upon your and Open Book Education’s execution of this Agreement.

Fees and Payments.   You agree to pay the applicable rates and subscribe for the number of tutoring or consulting hours set forth on the Invoice(s) provided to you by Open Book Education, which is incorporated herein by reference.  You may purchase additional hours upon your verbal request or by providing a completed Purchase Order.  Hourly tutoring and college advising rates vary according to the assigned tutor or advisor.  Telephone consultations which exceed 15 minutes, and time spent independent of the student on college application/essay review and editing, will be billed at the standard hourly rates.  Hourly rates are subject to change upon notice to you, which may be provided by e-mail notification or by posting the new rates on Open Book Education’s website.  Pre-paid rates will not be subject to change once fully paid.  Tutoring packages must be fully pre-paid to be eligible to receive any discount.  Students who enrol in our tutoring services but do not purchase a tutoring package must provide a one-time deposit equal to the applicable hourly rate. You agree to pay Open Book Education for all fees and applicable taxes associated with the subscribed services in accordance with the current rates, payment terms, and policies specified herein and/or in the Purchase Order. You will be responsible for all costs and expenses, including reasonable attorney’s fees, related to the collection of any outstanding charges due Open Book Education.

Termination of Services by Open Book Education; Refund and Cancellation Policy.  Open Book Education may immediately terminate the services at any time for any reason by sending notice to you at the email address you provided upon registration or such other email address as you may later provide to Open Book Education.  In the event that Open Book Education terminates the services, you will be entitled to a pro-rated refund unless you have breached this Agreement.  Such determination of breach will be made at Open Book Education’s sole discretion. For pre-paid tutoring packages, you will receive a credit for any remaining balance upon termination of services. This credit may be applied to any other of Open Book Education’s services within a twelve-month period. A refund will be provided if the client cancels a pre-paid package after one lesson. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Ownership of Materials.  You agree that you will not tape record or otherwise reproduce, in any manner, any of the tutoring or counselling sessions that are provided hereunder nor will you disclose or allow another person to use or reproduce in any form any of the materials provided to you by Open Book Education, or any notes based on the materials or on the tutoring that you receive.  In the event that Open Book Education determines that any of the aforementioned covenants have been breached, in addition to all other legal remedies, you understand that Open Book Education may at its discretion immediately cease providing services without a refund.

Third Party Software. In connection with the provision of the services, you may be required to access and use certain third-party software programmes as specified by Open Book Education (“Software”). Such Software will be dependent upon the nature of the services to be provided. You shall be required to agree to the applicable end user licence agreement with the relevant Software licensor as a condition of using the Software.

In respect of Software, you should:

• comply with all applicable end user licence agreements;
• keep all usernames and passwords required to access the Software secure and ensure that nobody else has access to them;
• notify Open Book Education as soon as possible if you become aware that somebody has gained unauthorised access to any Software; and
• not resell or copy, modify, duplicate, create derivative works from any of the materials, services or Software provided by Open Book Education.

Tutor Availability; Rescheduling.  Specific tutor requests will be honoured on a first-come, first-served basis.  Appointments with your chosen tutor are subject to availability.  Open Book Education will whenever possible assign the preferred tutor for pre-paid packages.  Any changes to scheduled appointments must be made at least 24 hours prior to the original appointment time. You will be charged for the scheduled session at the applicable rate if you fail to abide by this cancellation/rescheduling policy.  You will forfeit the time that you miss if you are late to your scheduled appointment, with such time to be charged at applicable rates.

Student Preparation; Make-Up Tests.  If applicable, you agree to complete the assigned homework prior to the subsequent tutoring session.  Open Book Education does not guarantee that make-up tests will be arranged if the student is unable to attend pre-scheduled diagnostic tests.

Advisor Assistance.  You understand that college advisors are prohibited from, and the services will not include, writing your college essay or submitting the application to your selected colleges on your behalf.

Parental Accompaniment.  Open Book Education prefers that whenever possible the parent or legal guardian of the student be present on the premises during tutoring or college advising sessions conducted at the student’s home.

Privacy Policy. When you use our website and our services, we may need to collect some personal data about you in order to provide you with the services we offer.  For more information about what personal data we collect, what we process it for, and your rights in relation to personal data, please see our privacy policy at https://open-bookeducation.com/privacy-policy/. Open Book Education may monitor, record, store and use any session with you, for quality and training purposes, for safeguarding purposes and so that you can re-watch sessions where appropriate.

DISCLAIMER OF WARRANTIES.  YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.  YOU UNDERSTAND THAT OPEN BOOK EDUCATION’S PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY NATURE OR KIND.  OPEN BOOK EDUCATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE OR KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE PRODUCTS OR SERVICES PROVIDED (INCLUDING YOUR TESTING PERFORMANCE OR RESULTS AND/OR YOUR ACCEPTANCE TO ANY COLLEGE OR UNIVERSITY), OR AND ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  OPEN BOOK EDUCATION MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOUR TEST RESULTS WILL BE SATISFACTORY OR WILL IMPROVE, THAT YOU WILL GAIN ADMISSION TO ANY COLLEGE OR UNIVERSITY, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE.  NO ADVICE OR INFORMATION PROVIDED BY OPEN BOOK EDUCATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES SHALL OPEN BOOK EDUCATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES.  THESE LIMITATIONS APPLY REGARDLESS OF WHETHER OPEN BOOK EDUCATION WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES.  IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF OPEN BOOK EDUCATION AND ITS EMPLOYEES AND AGENTS TO YOU SHALL BE THE AMOUNT OF THE FEES PAID BY YOU TO OPEN BOOK EDUCATION.

Indemnification.  To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Open Book Education and any of its subsidiaries, affiliates, managers, officers, employees, agents, distributors, third-party providers, and licensors (and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the services or your breach of any provision of this Agreement.

General.  This Agreement and the Purchase Order(s) incorporated herein by reference, are governed by the laws of England and Wales, without regard to any applicable conflicts of law principles. This Agreement contains the entire agreement between you and Open Book Education regarding the services.  If any provision of this Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from this Agreement and will not affect the validity or enforceability of the remainder thereof.