nerdy.nel Tutoring Service – Terms

nerdy.nel Tutoring Service
TERMS OF SERVICE
version 2.5, effective 2017.01.01

{Revised the Terms for the 2017 Spring Semester. This version supersedes version 2.0.}

nerdy.nel operates a tutoring program called the nerdy.nel Tutoring Service (hereafter “The Service”), which consists of Communal Tutoring and Professional Tutoring. These Terms of Service (hereafter “Terms”) govern all aspects of The Service; as such, PLEASE READ THE TERMS CAREFULLY.

[1.0 || NOTICE OF AGREEMENT]

BY ATTENDING A COMMUNAL TUTORING SESSION OR BOOKING A PROFESSIONAL TUTORING APPOINTMENT, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IN ADDITION, YOU SHALL ABIDE BY ALL RULES AND REGULATIONS GOVERNING THE SERVICE, INCLUDING THOSE NOT EXPLICITLY STATED IN THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE.

[1.1 || Availability]

The Service is available in NYC; “NYC” refers to the boroughs of The Bronx, Manhattan, Queens, Brooklyn, and Staten Island.

[1.1.1 || Blackout Dates]

“Blackout Dates” refer to dates when The Service is unavailable. Blackout dates shall be listed on the main Tutoring Service page. nerdy.nel reserves the right to add or change blackout dates with or without advance notice.

Note: See section [5.2 || Cancellation Policy] for details on changes to blackout dates that affect scheduled Professional Tutoring sessions.

[1.2 || Minors]

All persons 16 years old or younger must receive permission from, or be accompanied by, at least one parent or guardian to use The Service. Except where otherwise indicated, the Terms shall apply to both adults and minors.

[2.0 || PRIVACY POLICY]

While conducting The Service, nerdy.nel may collect personal information you share voluntarily, such as your name, phone number, email address, and grade level. nerdy.nel uses this information solely to:

  • Respond to appointment requests, inquiries, or feedback about The Service,
  • Schedule and confirm a Professional Tutoring appointment, or
  • Process a bill for Professional Tutoring.

nerdy.nel keeps this information confidential and will not disclose it unless:

  • You authorize nerdy.nel to do so, or
  • nerdy.nel must do so for legal reasons.

Notwithstanding the above, nerdy.nel will never ask for sensitive personal information, such as online account passwords, social security numbers, and bank account information.

IMPORTANT! nerdy.nel will not collect any information about minors unless a parent or guardian authorizes nerdy.nel to do so; in this case, the information collected shall be limited to name and grade level.

[3.0 || DISCLAIMER]

nerdy.nel’s goal in every session is to help you gain a greater understanding of mathematics, statistics, and career search fundamentals that translate to improved academic and professional outcomes. However:

  • nerdy.nel cannot guarantee that a session – or series of sessions – will improve academic performance or understanding of the topics tutored,
  • Nor can nerdy.nel guarantee that revised résumés or cover letters will increase your odds of receiving interviews or job offers, and
  • Success in past sessions does not guarantee success in future sessions.

[4.0 || TERMS SPECIFIC TO COMMUNAL TUTORING]

Communal Tutoring is a free group tutoring session offered by nerdy.nel and hosted by the Creston Avenue Baptist Church of Christ (hereafter “CABC”). The following terms apply only to Communal Tutoring sessions:

  • Although CABC hosts the Communal Tutoring program, adherence to Christianity is not required to take part in Communal Tutoring. However,
  • ALL PERSONS – RELIGIOUS OR NOT – MUST RESPECT BOTH NERDY.NEL AND THE HOUSE.
    • nerdy.nel reserves the right to eject disruptive persons from the session by any legal means necessary.
  • Communal Tutoring sessions are typically one hour long; however, nerdy.nel reserves the right to end the session early for any reason.
  • Both the time and the venue for Communal Tutoring sessions are subject to change at any time; notification of changes will appear on the main Tutoring Service page or on nerdy.nel’s Twitter page.

[5.0 || TERMS SPECIFIC TO PROFESSIONAL TUTORING]

The following terms apply only to Professional Tutoring sessions:

  • To request an appointment, you must use the email form at the bottom of the main Tutoring Service page; in addition, you must make your request at least 24 hours ahead – but not more than 4 weeks (28 days) ahead – of the desired tutoring date.
  • nerdy.nel will respond to appointment requests on a first-come, first-served basis.
  • Appointments are not official until nerdy.nel confirms the date, time, and tutoring area; nerdy.nel cannot guarantee that the date and time you request will be available.
  • Notwithstanding the above, nerdy.nel will not grant appointments to minors unless authorized by at least one parent or guardian.
  • nerdy.nel reserves the right to refuse an appointment request for any reason.
  • UNDER NO CIRCUMSTANCES WILL TUTORING TAKE PLACE IN A PRIVATE RESIDENCE.
    • Tutoring shall take place in a public area agreed upon by both you and nerdy.nel; “public” does not necessarily mean outdoors.
    • In very limited circumstances, at nerdy.nel’s sole discretion, nerdy.nel may waive this rule and tutor in a private residence other than his own.
  • Professional Tutoring sessions are typically one hour long; however, nerdy.nel reserves the right to end the session early for any reason.
    • You may request an extension if nerdy.nel’s time and availability allows for one.
    • nerdy.nel grants extensions on a case-by-case basis; however, keep in mind that nerdy.nel is under no obligation to grant extension requests.
  • Tutees must respect both nerdy.nel and the rules of the venue where tutoring takes place.
    • nerdy.nel reserves the right to end sessions early if, for any reason, tutees become excessively disruptive; such tutees are still responsible for charges accrued during the session.
    • nerdy.nel also reserves the right to permanently revoke tutoring privileges to excessively disruptive tutees.

[5.1 || Billing]

Your bill for Professional Tutoring consists of the Tutoring Charge, Billing Surcharge, and Travel Surcharge listed in the Schedule of Rates and Surcharges on the main Tutoring Service page.

[5.1.1 || Tutoring Charge]

nerdy.nel calculates your Tutoring Charge by multiplying the hourly rate by the length of the session, measured in 12-minute increments.

  • Basic Tier tutoring is $25/hour, or $5 per increment.
  • Intermediate Tier tutoring is $40/hour, or $8 per increment.
  • Advanced Tier tutoring is $60/hour, or $12 per increment.
  • The number of increments equals the total session time (in minutes) divided by 12, rounded up. nerdy.nel times each session using a stopwatch app; however, nerdy.nel will stop timing for short breaks (e.g. bathroom breaks), which will not count toward the total session time.
    • Example: Suppose a Basic Tier session lasts 45 minutes (excluding breaks). 45 divided by 12, rounded up, is 4; at $5 per increment, the Tutoring Charge is $20 (4*5).

[5.1.2 || Billing Surcharge]

A billing surcharge of 2.75% applies to Square Cash transactions; a billing surcharge of 3.5% applies to debit, credit, and prepaid transactions. No billing surcharge applies to cash transactions.

[5.1.3 || Travel Surcharge]

There is no travel surcharge for Professional Tutoring sessions held in The Bronx; for sessions held outside The Bronx, you pay $1 per mile or part thereof plus the cash value of tolls, if applicable.

Note 1: The Travel Surcharge applies regardless of nerdy.nel’s chosen mode(s) of travel.

Note 2: The Billing Surcharge does not apply to the Travel Surcharge.

[5.1.4 || Paying The Bill]

The total amount billed is the sum of the Tutoring Charge, Billing Surcharge, and Travel Surcharge; payment is due at the end of the session.

  • You may pay your bill with cash, a debit card, a credit card, or a prepaid card (VISA, MasterCard, DISCOVER, American Express, JCB, and UnionPay only); nerdy.nel uses Square Register to process debit, credit, and prepaid transactions securely.
    • If you are a Square Cash member, you may also pay nerdy.nel directly via his Cashtag.
    • nerdy.nel accepts split payments; you may split your payment between cash and debit/credit/prepaid cards, or use multiple debit/credit/prepaid cards in the same transaction.
  • IMPORTANT! nerdy.nel reserves the right to revoke tutoring privileges and assess a $25 penalty for nonpayment.
    • If revoked, tutoring privileges cannot be restored unless you pay both the $25 penalty and the unpaid balance in full.
    • A penalty interest rate of 125%, compounded daily, applies to any unpaid balances (excluding the $25 penalty referenced above). A 24-hour grace period applies before penalty interest begins.

IMPORTANT! A parent or guardian must pay the bill for a minor receiving Professional Tutoring.

[5.1.5 || Refund Policy]

All fees and surcharges are nonrefundable.

[5.2 || Cancellation Policy]

You may cancel an appointment by contacting nerdy.nel by phone or email anytime before your scheduled appointment.

  • There is no cancellation fee if you cancel at least 24 hours before your scheduled appointment; otherwise, a $10 cancellation fee applies.
  • If nerdy.nel must cancel or reschedule an appointment (e.g. due to emergencies or circumstances beyond nerdy.nel’s control), you’ll receive a notification; you will not be charged for the session and no cancellation fees apply.

[5.2.1 || No Shows]

nerdy.nel reserves the right to revoke tutoring privileges to anyone who no-shows an appointment (fails to arrive without canceling the appointment).

  • No-shows who have had their tutoring privileges revoked are subject to a No-Show Penalty of $50; this penalty must be paid to reinstate tutoring privileges.
  • Chronic no-shows are subject to a higher No-Show Penalty (not to exceed $500), or permanent revocation of tutoring privileges.

[6.0 || Changes to the Terms of Service]

nerdy.nel reserves the right to change the Terms at any time, with or without advance notification. If nerdy.nel changes these Terms, a new version number and effective date will appear at the top and the bottom of this page.

version 2.5, effective 2017.01.01