nerdy.nel Tutoring Service – Terms

nerdy.nel Tutoring Service
TERMS OF SERVICE
version 3.0, effective 2017.07.01

{Reproduced from Section 6.0 of the 2017-2018 Tutoring Brochure. This is a major update for the 2017-2018 School Year; this version supersedes version 2.5.}

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.

[6.1] NOTICE OF AGREEMENT

BY ATTENDING A COMMUNAL TUTORING SESSION OR BOOKING A PROFESSIONAL TUTORING SESSION, 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.

[6.2] Availability

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

[6.2.1] Blackout Dates

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

Note: See section [6.7.3] for details on changes to blackout dates that affect scheduled Professional Tutoring sessions.

[6.3] 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.

[6.4] PRIVACY POLICY

While conducting The Service, nerdy.nel may collect basic personal information about you, 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,
  • 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.

[6.5] 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, please note the following:

  • UNDER NO CIRCUMSTANCES WILL NERDY.NEL DO YOUR HOMEWORK, EXAMS, PROJECTS, OR OTHER ASSIGNMENTS – IN FULL OR IN PART – FOR YOU. (After all, that’s not what tutoring is!)
  • 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 landing interviews or job offers, and
  • Success in past sessions does not guarantee success in future sessions.

Simply put, nerdy.nel provides The Service with no promises, guarantees, or warranties regarding your academic performance or career prospects after receiving The Service.

[6.6] TERMS SPECIFIC TO COMMUNAL TUTORING

Communal Tutoring is a free mathematics and statistics tutoring workshop offered by nerdy.nel and hosted by the Creston Avenue Baptist Church of Christ (hereafter “CABC”). For the 2017-2018 school year, Communal Tutoring will be in session from October 1st, 2017 to June 17th, 2018. 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 MUST RESPECT BOTH NERDY.NEL AND CABC’S RULES.
    • 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 sessions early for any reason.
  • Both the time and the venue for Communal Tutoring sessions are subject to change at any time; notification of changes to the time or the venue will appear on the main Tutoring Service page (https://nerdynel.me/tutoring), or on nerdy.nel’s Twitter page (http://twitter.com/nerdynel17). Check each page frequently for updates!

[6.7] TERMS SPECIFIC TO PROFESSIONAL TUTORING

The following terms apply only to Professional Tutoring sessions, whether Local or Virtual:

  • To request an appointment, you may contact nerdy.nel using any of the methods listed in section [4.0] of the Tutoring Brochure; you must make your request at least 24 hours ahead of the desired tutoring date.
  • nerdy.nel will respond to appointment requests on a first-come, first-served basis.
    • Note: Requests for mathematics and statistics tutoring (including test prep and mock exams) take priority over requests for résumé and cover letter revisions.
  • 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.
  • For Local tutoring sessions, tutoring will not take place in a private residence under any circumstances, except as noted below:
    • Tutoring shall take place in a public area agreed upon by both you and nerdy.nel; examples of “public” areas include bookstores, libraries, and coffee shops.
    • Note: In very limited circumstances, at nerdy.nel’s sole discretion, nerdy.nel may render tutoring 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 will end sessions early if 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.
  • If you cheat or otherwise fail to follow all rules and restrictions during a mock exam, nerdy.nel will end the session and cancel your results; you will not receive a refund.

[6.7.1] Billing

Your bill for Professional Tutoring consists of the Tutoring Charge, Billing Surcharge, and Travel Surcharge listed in section [5.0] of the Tutoring Brochure.

Note: All rates and surcharges are nonnegotiable; under no circumstances will nerdy.nel provide Professional Tutoring for less than the rates listed in section [5.0] of the Tutoring Brochure.

[6.7.1.1] Tutoring Charge

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

  • For Basic Tier tutoring:
    • Individuals pay $30 per hour, or $6 per increment.
    • Group members each pay $25 per hour, or $5 per increment.
    • Family members each pay $20 per hour, or $4 per increment.
  • For Intermediate Tier tutoring:
    • Individuals pay $40 per hour, or $8 per increment.
    • Group members each pay $35 per hour, or $7 per increment.
    • Family members each pay $30 per hour, or $6 per increment.
  • For Advanced Tier tutoring:
    • Individuals pay $60 per hour, or $12 per increment.
    • Group members each pay $55 per hour, or $11 per increment.
    • Family members each pay $45 per hour, or $9 per increment.
  • The number of increments equals the session time (in minutes) divided by 12, rounded up. nerdy.nel times each session using a timer; however, nerdy.nel will stop timing for short breaks (e.g. bathroom breaks), which won’t count toward the total session time.
    • Note: If the session time is within 5 minutes of the latest increment, you won’t be charged for a new increment. For example, if you book a 60-minute session (which consists of 5 increments), you can go up to 65 minutes without being charged for a 6th increment.
  • The Single rates are the standard rates of The Service; nerdy.nel charges discounted rates for groups and families.
    • Here is an example for the Single rate. You book a one-on-one tutoring session on linear equations (Basic Tier). The session lasts 45 minutes. 45 divided by 12, rounded up, is 4; at $6 per increment, the Tutoring Charge is $24.
  • To qualify for the Group rate, at least two tutees must be booked in the same tutoring session for the same subject matter.
    • The maximum group size for any given session is 12.
    • The group members do not have to know each other.
    • All group members must unanimously agree to receive tutoring as a group before nerdy.nel renders tutoring in a group setting.
    • Each group member is responsible for his or her own charges, unless all group members unanimously agree to designate one or more group members as payees. (Note: Minors cannot be designated as payees; parents or guardians are responsible for charges incurred by minors.)
    • Group members each pay $5 less per hour for tutoring than individuals; however, there is no group discount for mock exams.
    • Here is an example for the Group rate. You, along with two others, book a session on quadratic equations (Intermediate Tier). The session lasts 90 minutes. 90 divided by 12, rounded up, is 8; at $7 per increment, the Tutoring Charge is $56 per tutee. For a group of 3 tutees, the total Tutoring Charge is $168 (56 times 3).
      • If the group does not designate specific payees, then each group member is responsible for his or her own charges (in this example, $56).
      • Suppose the group unanimously agrees to have two of the three members split the cost evenly. In this example, the two payees each pay $84.
    • Note: If only one tutee attends a scheduled Group session (i.e. all other group members cancel, reschedule, or no-show), then the Single rate, not the Group rate, applies.
  • To qualify for the Family rate, at least two tutees that are related must be booked in the same tutoring session for the same subject matter.
    • Step relatives, foster relatives, and adoptees are eligible for the Family rate; however, godparents and godchildren are not eligible.
    • The maximum group size for any given session is 12.
    • Each family member is responsible for his or her own charges, unless all family members unanimously agree to designate one or more family members as payees. (Note: Minors cannot be designated as payees; parents or guardians are responsible for charges incurred by minors.)
    • Family members each pay $10 less per hour for Basic and Intermediate Tier tutoring and $15 less per hour for Advanced Tier tutoring than individuals; family members also receive significant discounts for mock exams.
    • Here is an example for the Family rate. You and your sister book a session on limits and continuity (Advanced Tier). The session lasts 75 minutes. 75 divided by 12, rounded up, is 7; however, because the 75 minutes are within 5 minutes of the 6th increment (72 minutes), you are billed for 6 increments, not 7. At $9 per increment, the Tutoring Charge is $54 per tutee. For two family members, the total Tutoring Charge is $108 (54 times 2).
      • In this example, each family member must pay $54 unless you or your sister agrees to pay the entire cost or pay an uneven split.
    • Note: If a group consists of both relatives and nonrelatives, then the Group rate, not the Family rate, applies. (IMPORTANT! nerdy.nel reserves the right to request proof of relationship before applying the Family rate.)
  • Note 1: Mock exams are not billed by the hour; you pay one price for the whole session. The price you pay for mock exams includes exam administration and grading.
  • Note 2: If your tutoring session consists of subjects in different tiers, the highest applicable rate applies for the whole session.

[6.7.1.2] Billing Surcharge

There is no billing surcharge for cash, debit, prepaid, Square Cash, or PayPal transactions. For credit card transactions, the billing surcharge is 4.0% of the total Tutoring Charge.

Note: The Billing Surcharge does not apply to other surcharges.

[6.7.1.3] Travel Surcharge

There is no travel surcharge for Virtual tutoring sessions or for Local tutoring sessions held in The Bronx. For Local tutoring sessions held outside of The Bronx, you pay the greater of:

  • $6, or
  • $1 per mile or part thereof traveled by nerdy.nel, plus the undiscounted cash value of tolls, if applicable.

[6.7.1.4] Paying The Bill

The total amount billed is the sum of the Tutoring Charge and all applicable surcharges.

  • Payment for a Professional Tutoring session is due at the end of the session; however, payment for a mock exam is due at the beginning 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 pay nerdy.nel directly by visiting http://cash.me/$nerdynel.
    • You may also pay nerdy.nel via PayPal by visiting http://paypal.me/nerdynel.
    • nerdy.nel accepts split payments; you may split your payment between multiple valid forms of payment in the same transaction.
  • IMPORTANT! nerdy.nel reserves the right to revoke tutoring privileges and assess penalties for nonpayment in accordance with section [5.4.3b] of the Tutoring Brochure.
    • If revoked, tutoring privileges cannot be restored unless you pay your unpaid balance (including applicable penalties) in full.
    • If you fail to pay your unpaid balance in full after 30 days, an additional $30 penalty applies. The $30 penalty will be assessed every 30 days until you pay your balance in full.

IMPORTANT! Parents or guardians are responsible for charges incurred by minors.

Note: nerdy.nel does not carry change. If you pay nerdy.nel with cash and overpay due to lack of exact change, you will receive a credit equal to the difference for your next tutoring session.

  • Example: The bill for a Professional Tutoring session is $36. You pay $40 in cash and do not receive change. In this case, you will receive a $4 credit toward your next session.
  • IMPORTANT! nerdy.nel will not accept intentional overpayments when, in nerdy.nel’s sole determination, you can pay either the exact amount billed or a reasonably close estimate above the amount billed.
    • Example: The bill for a Professional Tutoring session is $36. You cannot pay nerdy.nel $60 in an attempt to receive a $24 credit for your next tutoring session since nerdy.nel determined that either exact payment or $40 (a reasonably close estimate above $36) will satisfy the bill.
  • Note 1: Overpayment credits expire after 30 days.
  • Note 2: nerdy.nel will not accept overpayments made by any means other than cash, even if you pay partially with cash and partially by another method.

[6.7.2] Refund Policy

All charges, surcharges, and penalties are nonrefundable.

[6.7.3] Cancellation Policy

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

  • There is no cancellation fee.
  • If nerdy.nel must cancel or reschedule an appointment (e.g. due to an emergency), you’ll receive a notification; you will not be charged for the session.

[6.7.4] Lateness Policy

You are considered late if you show up for your Professional Tutoring session more than 5 minutes after the scheduled start time. If you are late for a session, the following rules apply:

  • You must inform nerdy.nel of your lateness.
    • If you fail to contact nerdy.nel within 20 minutes of the scheduled start time, you are considered a No-Show; nerdy.nel will cancel the session and assess penalties in accordance with the No-Show Policy in section [6.7.5].
  • You are responsible for all charges incurred from the scheduled start time.
  • You are not entitled to “make-up time” for the session time lost.
    • Note: If nerdy.nel is late for a session, you will only be charged for the time spent (i.e. you are not responsible for any charges between the scheduled start time and nerdy.nel’s arrival); in this case, you are entitled to “make-up time” for the session time lost, as long as nerdy.nel’s availability allows for it.

[6.7.5] No-Show Policy

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) and risk permanent revocation of tutoring privileges.

[6.8] 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 section.

version 3.0, effective 2017.07.01