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Parties

  1. Venturous Education Limited (company registration number 15577701), whose registered office is at 24 Cheam Common Rd, Worcester Park KT4 8RW (“The Study Hut“) provides online and in-center tuition services.
  2. The person or entity (“Customer”) enrolling in and receiving the tuition services from The Study Hut.

Background

  1. The Study Hut provides online and in-center tuition services to customers via its website at www.thestudyhut.co.uk and the center at 24 Cheam common road, North Cheam, KT4 8RW.
  2. By enrolling on the website, a customer (“Customer”) agrees to be bound by these terms and conditions which govern the provision of tuition services by The Study Hut to the Customer.
  3. The agreement between the parties is for a rolling contract (“Contract Term”) under which the Customer will be automatically enrolled in the tuition service first chosen and invoiced the monthly fees for the tuition services.
  4. The Study Hut will invoice the Customer monthly in advance for the tuition services. Payment is due within 7 days of receipt of the invoice by the Customer.
  5. The Customer may cancel the contract by providing at least 1 month’s prior written or email notice to The Study Hut before the end of the Contract Term.
  6. These terms and conditions set out the entire agreement between the parties regarding the supply of tuition services by The Study Hut to the Customer.

  1. Definitions

    1. The Study Hut means Venturous Education Limited (company registration number 15577701).
    2. Customer means the person or entity enrolling there child in and receiving of Tuition Services from The Study Hut.
    3. Website means the website located at www.thestudyhut.co.uk.
    4. Tuition Services means the online and in-center tuition services provided by The Study Hut.
    5. Contract Term means the initial term from enrollment and each subsequent rolling term period.
    6. Fees means the monthly fees payable by the Customer to The Study Hut for the Tuition Services.
    7. Intellectual Property Rights means copyright, design rights, patents, database rights and other intellectual property rights, whether registered or unregistered, including applications to register any of these rights.

  1. Service Provision

    1. Scope of Services. The Study Hut shall provide the following tuition services to the Customer: online tutoring and homework help via video call and messaging; in-center classes on Monday to Friday between 9am-7pm, Saturday between 10am-4pm and Sunday between 10am-1pm covering Maths, English, Functional Skills Maths and English, GCSE Maths and English, 11plus preparations for Maths and English and Early Reading.
    2. Availability of Services. The online tutoring services shall be available 24 hours a day worldwide via internet access. The in-center classes shall take place at The Study Hut center located at 24 Cheam common road, North Cheam, KT4 8RW.
    3. Standards of Service. The Study Hut shall provide the tuition services with reasonable care and skill and in accordance with best industry practice. All materials used in delivering the services shall meet appropriate educational standards.
    4. Customer’s Obligations. The Customer shall provide The Study Hut with all information and access reasonably required to perform the services, comply with all reasonable instructions of tutors and teachers, and obtain any necessary consents for use of Customer’s materials or information in the tuition services.
    5. Intellectual Property Rights. The Study Hut shall own all intellectual property rights in the content, materials, documentation and other items that it develops or provides as part of the tuition services.
    6. Online Booking System (SimplyBook.me). To streamline your booking experience for our Tuition Services, The Study Hut uses SimplyBook.me as our third-party online scheduling and booking platform. By enrolling in or booking our services via our website, you acknowledge and agree to the following regarding the use of this system:
      • SimplyBook.me as a Third-Party Provider: SimplyBook.me Ltd (“SimplyBook.me”) provides the software solution that allows you to book our services. Please understand that The Study Hut is the service provider, and SimplyBook.me is solely the platform provider. We are not an agent, partner, or in any joint enterprise, employment, or fiduciary relationship with SimplyBook.me.
      • SimplyBook.me’s Scope and Limitations:
        • SimplyBook.me does not control, monitor, moderate, or inspect the tuition services offered by The Study Hut. We, The Study Hut, are fully responsible for the quality, safety, and accuracy of our services.
        • SimplyBook.me is not responsible for ensuring the fairness, security, or resolution of transactions, nor do they assume responsibility for service fulfillment, cancellations, or disputes. All such matters, including service fulfillment, cancellations, and any disputes, will be resolved solely between you and The Study Hut.
        • You are responsible for ensuring the legitimacy of The Study Hut as your service provider before making bookings or payments. SimplyBook.me has no legal or financial liability for any misconduct or wrongdoing by The Study Hut.
      • Payment Transactions: When you make a payment related to our services through any payment service providers enabled on the SimplyBook.me platform, the applicable terms and conditions of that specific payment service provider will govern the transaction, in addition to our own payment terms outlined in Section 4 (Fees and Payment).
      • Data Privacy and SimplyBook.me: Your personal data as a client, collected during the booking process, is processed by SimplyBook.me Ltd in accordance with their SimplyBook.me’s Privacy Policy as a Data Processor on our behalf. The Study Hut acts as the Data Controller for your personal data. If you wish to exercise any of your privacy rights (e.g., access, rectification, erasure of your data), you must contact The Study Hut, as we are the Data Controller. We may, upon written request and subject to legal restrictions, assist in notifying SimplyBook.me as the Data Processor, provided you supply all necessary information. Please refer to our Privacy Policy at www.thestudyhut.co.uk/privacy for more details on how your data is handled.
      • SimplyBook.me’s Client Terms & Conditions: By using our booking system, you also agree to the Terms and Conditions for Clients provided by SimplyBook.me. You can review their full terms here: https://simplybook.me/en/terms-and-conditions#tab-for-clients.
      • Booking Confirmation: Upon successful completion of a booking through SimplyBook.me, you will receive a confirmation, typically via email, directly from the system. It is your responsibility to ensure the accuracy of the booking details and to contact The Study Hut immediately if you notice any discrepancies.
      • Cancellation and Rescheduling: Our cancellation and rescheduling policies, as outlined in Section 3 (Cancellation) and Section 5 (Holiday Pause) of these Terms and Conditions, apply to all bookings made through SimplyBook.me. While SimplyBook.me facilitates the technical aspects of managing these bookings, the ultimate responsibility for adhering to our policies lies with you.

      By proceeding with a booking on our website, you expressly acknowledge and agree to our Terms and Conditions, as well as the applicable Terms and Conditions of SimplyBook.me, as detailed above.

  1. Cancellation

    1. Notice Period. The Customer may cancel the Contract by providing written notice to The Study Hut at least 1 (one) month before the end of the Contract Term.
    2. Refunds. If the Customer cancels in accordance with clause 3.1, they will not be charged Fees for any tuition services after the cancellation date. No refund will be provided for any tuition services already provided before the cancellation date.
    3. Verbal Cancellation. Any verbal notice of cancellation will not be valid unless confirmed in writing.
    4. No Other Right to Cancel. Except as set out in this section 3, the Customer does not have any other right to cancel the Contract.
    5. The Study Hut’s Rights. This section 3 only applies to the Customer’s right to cancel. It does not affect any other rights The Study Hut has to terminate the Contract as set out in section 10.

  1. Fees and Payment

    1. Fees. The Customer shall pay the monthly fees set out in Schedule 1 or as otherwise notified to the Customer from time to time.
    2. Invoicing. The Study Hut shall invoice the Customer monthly. Invoices shall be sent to the Customer via email. All invoices shall include the payment reference to be used.
    3. Payment. The Customer shall pay each invoice in full and in cleared funds within 7 days of receipt of the invoice. Payment can be made via the link on the invoice.
    4. Late payment. Without prejudice to any other right or remedy available to The Study Hut, The Study Hut reserves the right to charge interest at the rate of 4% per annum above the Bank of England base rate from time to time on any unpaid balances from the due date until the date payment is received in full in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
    5. Suspension of service. If any invoice remains unpaid 30 days after the due date, The Study Hut shall be entitled to suspend the provision of tuition services until full payment is received by the Customer.
    6. Price changes. The Study Hut reserves the right to increase the fees by providing the Customer with at least 1 month’s prior written notice before the start of the next Contract Term. If the Customer does not wish to pay the increased fees, it can terminate the Contract by providing at least 1 month’s written notice before the end of the current Contract Term.

  1. Holiday pause

    1. Notice Period: Either party may request a pause in the contract by providing a written notice at least four (4) weeks in advance. The notice must specify the intended start date of the pause.
    2. Duration of Pause: The contract pause shall not exceed a maximum duration of six (6) weeks. The pause period will commence on the date specified in the notice, provided it complies with the notice period requirement.
    3. Resumption of Services: Upon the conclusion of the pause period, both parties agree to resume the contract under the same terms and conditions as prior to the pause, unless otherwise mutually agreed in writing.
    4. Obligations During Pause: During the pause period, all obligations and responsibilities of both parties under this contract shall be temporarily suspended. No penalties or additional charges shall accrue during this period.
    5. Mutual Agreement: Any extension of the pause period beyond six (6) weeks must be mutually agreed upon in writing by both parties.
    6. Termination Rights: If the customer fails to resume the contract after the pause period, the remaining contract fees will be due in full, and the service provider reserves the right to terminate the contract with immediate effect.

  1. Intellectual Property

    1. Ownership of materials. All intellectual property rights in the course materials, lesson plans, assignments, tests and other materials provided by The Study Hut as part of the tuition services shall remain the sole property of The Study Hut.
      1. For the performance of a contract between the data subject and the Company;
      2. For compliance with legal obligations to which the Company is subject;
      3. For the purposes of the legitimate interests pursued by the Company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.
    2. License to use materials. The Study Hut hereby grants the Customer a non-exclusive, non-transferable, revocable license to use the course materials solely for the Customer’s own learning and study purposes as part of receiving the tuition services during the term of this agreement.
    3. Ownership of customer work. All intellectual property rights in any work created by the Customer in the course of receiving the tuition services including assignments, essays, projects and exam answers shall remain the sole and exclusive property of the Customer.
    4. Restrictions. The Customer shall not copy, modify, publish, transmit, transfer or sell the course materials. The Customer shall not remove any copyright or proprietary notices from the materials.
    5. Breach. In the event of a breach of the intellectual property rights of The Study Hut, The Study Hut may terminate this agreement immediately and reserves the right to claim damages against the Customer.

  1. Confidentiality

    1. Confidential information. Each party shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the other party, its employees, agents or subcontractors and any other confidential information concerning the other party’s business or its products which the other party may obtain.
    2. Permitted disclosure. Each party may disclose the other’s confidential information:
    3. to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other’s confidential information comply with this clause 6; and
    4. as may be required by law, court order or any governmental or regulatory authority.
    5. Data protection. Each party shall comply with all applicable requirements of the Data Protection Legislation. The Study Hut’s privacy policy and customer privacy notice, available at www.thestudyhut.co.uk/privacy, set out how it will process any personal data provided by the Customer.
    6. Publicity. Neither party shall make, or permit any person to make, any public announcement concerning the agreement without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed), except as required by law or any governmental or regulatory authority (including any relevant securities exchange), any court or other authority of competent jurisdiction.
    7. Survival. This clause 6 shall survive termination of the agreement, however arising. communications.

  1. Limitation of Liability

    1. Exclusion of liability for indirect loss. The Study Hut shall not be liable for any indirect, special or consequential loss including but not limited to loss of profits, loss of business, depletion of goodwill or similar losses, whether arising from negligence, breach of contract or otherwise.
      1. Personal data may be transferred to countries such as the United States of America
    2. Cap on liability for direct loss. The Study Hut’s total liability for any direct loss arising under or in connection with this agreement, whether arising from negligence, breach of contract or otherwise, shall in no circumstances exceed a sum equal to the total fees paid by the Customer in the 12 months preceding the claim.
    3. Exclusion of liability for events outside control. The Study Hut shall not be liable to the Customer for any failure or delay in the performance of its obligations under this agreement due to any cause beyond its reasonable control including but not limited to acts of God, war, terrorism, riots, embargos, acts of government, fire, flood, or default of suppliers or sub-contractors.
    4. Customer indemnity. The Customer shall indemnify and hold harmless The Study Hut from and against any losses, damages, liability, costs and expenses suffered or incurred by The Study Hut arising from the Customer’s breach of contract, negligence or other tort, or breach of statutory duty except to the extent that it is caused by The Study Hut.
    5. Notice of claims. The Customer must notify The Study Hut of any claim within 3 months of the cause of action arising otherwise the claim is waived.

  1. Termination

    1. The Customer may terminate this Contract at any time by providing at least 1 (one) month’s prior written notice to The Study Hut before the end of the Contract Term.
    2. The Study Hut may terminate this Contract at any time by providing at least 1 (one) month’s prior written notice to the Customer.
    3. The Study Hut may terminate this Contract immediately by written notice to the Customer if the Customer fails to pay any Fees under this Contract on the due date and still fails to make payment within 14 days of The Study Hut reminding the Customer in writing of such failure to pay.
    4. Upon termination of this Contract:
    5. All rights and licenses granted to the Customer shall cease;
    6. Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination shall not be affected or prejudiced; and
    7. Clauses which expressly or by implication survive termination shall continue in full force and effect.
    8. If this Contract is terminated by The Study Hut pursuant to clause 8.2, The Study Hut shall refund the Customer for any Fees paid in advance by the Customer on a pro-rata basis for the remaining part of the Contract Term.

  1. Governing Law and Jurisdiction

    1. Governing law This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
    2. Jurisdiction The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

  1. Entire Agreement

    1. Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
      1. The Company is not responsible for the privacy practices or content of those third party websites.
    2. No Reliance. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of The Study Hut which is not set out in this agreement.
    3. Variation. No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
    4. Previous Terms. All conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.

  1. No Waiver

    1. No delay or failure to exercise rights to act as waiver. Any delay or failure by either party to exercise any right or remedy under this agreement shall not be regarded as a waiver of that right or remedy or a waiver of any other rights or remedies.
    2. Partial exercise of rights. The rights and remedies provided under this agreement are cumulative and not exclusive of any rights and remedies provided by law.
    3. Specifically recorded waivers in writing. The only way in which any term of this agreement may be waived is by a specifically authorised writing signed by or on behalf of the party waiving it.

  1. Severability

    1. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
    2. If any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
    3. The invalidity, illegality or unenforceability of a provision of this agreement shall not affect or impair the continuation in force of the remainder of this agreement.

  1. Notices

    1. Method of service. Any notice given under this agreement shall be in writing and may be served by personal delivery, first class post or email to the address of the relevant party set out in clause 13.2 or such other address as that party may from time to time notify to the other party in accordance with this clause 13.
      1. Email notices. A notice sent by email shall be deemed to have been duly served on the date of transmission if transmitted during normal business hours or on the next business day if transmitted outside normal business hours, in each case provided that no notification of non-delivery or error in transmission has been received by the sender.
      2. Postal notices. A notice sent by pre-paid first class post shall be deemed to have been received 48 hours after posting.
    2. Addresses for service. The addresses for service of notices are:
      1. The Study Hut: [address details]
      2. Customer: The address provided by the Customer during enrollment.
    3. Deemed receipt. Where a notice is deemed to have been received in accordance with clause 13.1.1 or 13.1.2, it shall be sufficient to prove that:
      1. In the case of a notice sent by email, the email was properly addressed and transmitted to the email address of the recipient.
      2. In the case of a notice sent by post, the envelope containing the notice was properly addressed, paid for and posted.
    4. Copies of notices. Any notice given under this agreement shall also be sent by email, even if primarily served by post, to ensure receipt is properly evidenced by electronic records.
    5. Change of details. Either party may update their contact details for notice purposes by notice to the other party in accordance with this clause 13.
    6. Data protection. Notices involving personal data shall comply with the Data Protection Act 2018. Email addresses shall be used solely for purposes of this agreement. IN WITNESS whereof this Agreement has been duly executed by the parties on the date below.

  • Schedule 1

  • 28 Day rolling fee. The monthly fee payable by the Customer for the tuition services is set out in the confirmation email once enrolled. All prices are inclusive of VAT.
  • Supplementary services. Any additional fees for supplementary services provided by The Study Hut such as enrollment for siblings shall be notified to the Customer in advance and are payable in addition to the monthly fee.
  • VAT. All fees are quoted inclusive of VAT which shall be payable by the Customer at the applicable rate.