Magellan Tutoring, LLC

Terms of Service Agreement

Last Modified date: 08/07/2023

Service

Magellan Tutoring LLC (MT) provides Customers with academically qualified tutors to provide academic support (tutoring). The tutoring is conducted either in-person, at the home or local library or other local, public establishment or online, via ZOOM. The Tutors are hired by MT as Independent Contractors. Tutoring is based on availability of tutor. MT services also includes, without limitation, assigning a Tutor to Customer based on Customer’s academic needs. MT manages and oversees the Tutors. Customer must be at least 18 of age or the parent or legal guardian of individual receiving tutoring.

Modifications to the Service

MT may add, change, or eliminate features, pricing, nomenclature, and other aspects of the services and make other changes at any time. This includes adjustments to the pricing of tutoring packages, cancellation policies, and the conditions of our free trial services. The expiry of purchased hours may also be subject to change. These terms contained in this agreement will continue to apply to the services as modified. Customer agrees that MT shall not be liable to them or to any third party for any such modification, suspension, or discontinuance of the services. MT reserves the right to terminate service to any Customer by providing the Customer with notice of such termination, which shall be effective immediately upon delivery of such notice. MT may terminate services immediately with cause and without notice for any breach by MT’s terms or any other applicable policies, as posted on the website from time to time. Customer may terminate services at any time for any reason. In any case, refunds of any balance of paid hours will be forwarded back to Customer. In the event of termination or expiration of these terms, all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties, and limitations of liability, consequences of improper conduct, fraud or abuse, the provisions of this section which, by their nature apply after termination.

Customer Registration to Magellan Tutoring

Customers are registered to MT services after they have agreed with MT for MT to provide a 1-hour free trial session. This hour will be deducted from the customer's purchased package if they choose to continue with our services. Refunds for unused hours and minutes may only be made via request by email and within 90 calendar days from the original purchase date. MT is committed to keep student’s information confidential, as required by law.

Schedule of Tutoring Services

Tutoring is based on availability of tutor. Tutoring sessions will be conducted on a mutually agreed time and place between MT, Tutor, and Customer. Scheduling a session within 24 hours of its intended time does not guarantee Tutor availability, but MT will make every effort to accommodate request. MT reserves the right to cancel a scheduled tutoring session due to unforeseen circumstances. MT will re-schedule said tutoring session at a reasonable future date. All efforts will be made by MT to give Customer proper notification of cancelled tutoring session. The Tutor reserves the right to stop the tutoring, and, in such case, MT will do their best to replace that tutor in a timely manner. Customer may cancel a scheduled tutoring session at any time. MT reserves the right to charge Customer with one (1) hour of tutoring if Customer cancels within 12 hours of scheduled tutoring session.

Disclaimer of Warranty

MT disclaims all warranties, express or implied, with respect to MT services and each portion thereof, including, but not limited to implied warranties of merchantability, and fitness for a particular purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the Customer. Customer agree not to hold MT (or agents, employees, tutors, officers, representatives, members) liable for any instruction, advice or services delivered which originated through the services, through any verification service or in connection with MT content, or any portion thereof.

Indemnification

The registered Customer agree to indemnify, defend and hold harmless all members, officers, directors, and associates, employees, and independent contractors of MT from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of services. MT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, and in such case, Customer agree to fully cooperate with such defense and in asserting any available defenses.