Please read these Terms and Conditions carefully. All contracts that the Consultant may enter into from time to time for the provision of Counseling, IELTS teaching and exams, German teaching and Exams, & other exams like GRE, TOEFL, GMAT, shall be governed by these Terms and Conditions. The terms and conditions will be applicable for all means of the documentation containing or from TEA, including any amendments to that documentation from time to time; and any slip or receipt from The Educational Adviser. We reserve our right to change or revise these Terms at any time by making changes on our website. We encourage you to revisit and review these Terms and stay informed of any changes. Your continued use of the website following the posting of any changes to the Terms constitutes acceptance of those changes.
TERMS AND CONDITIONS
1.1 In these Terms and Conditions:
“Charges” means the following amounts:
(a) [the amounts specified in Section 6 of the Statement of Work];
(b) [such amounts as may be agreed in writing by the parties from time to time]; and
(c) In certain cases the special counselling charges may applicable, if necessary. The amount will be calculated depending on: Total time taken and the medium of communication.
Example: [amounts calculated by multiplying the Consultant’s [standard time-based charging rates] by the time spent by the Consultant’s personnel performing [Counselling, IELTS, GRE, GMAT, German Language] (rounded [down by the Consultant to the nearest quarter hour])];
“Client” means the person or entity or student identified as a user of TEA services or a part of any application process.
“Client Materials” means [all works and materials supplied by or on behalf of the Client to the Consultant for incorporation into the Deliverables or for some other use in connection with the Services]; Clients / students applications documents or basic information provided to the teacher / content writer / or just for the official use.
“Consultant” means The Educational Adviser team (registration number 1852700312377407) having its registered office at [Kalyan nagar, lane number 03, Opposite SBI ATM, near Radiant Hospital, Amravati, a company incorporated in [Amravati, Maharashtra, and Online for Counselling services]] having its principal place of business at [Parijat colony, Badnera road, Amravati]];
“Contract” means a particular contract or receipt of payment made under these Terms and Conditions between the Consultant and the Client/ Student;
“Deliverables” means [those [deliverables] specified in Section 4 of the Statement of Work that the Consultant has agreed to deliver to the Client under these Terms and Conditions];
“Intellectual Property Rights” means [all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights)];
“Minimum Term” means, in respect of the Contract with any third party firm, [the period of 12 months beginning on the Effective Date OR [the period specified in Section 2 of the Statement of Work];
“Services” means the consultancy services specified in Section 3 of the Statement of Work;
“Statement of Work” means a written statement of work agreed by or on behalf of each of the parties;
“Term” means [the term of the Contract, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2];
“Terms and Conditions” means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions and the Statement of Work, including any amendments to that documentation from time to time; and any slip or receipt from The Educational Adviser.
“Third Party Materials” means the works and/or materials comprised in the Deliverables (excluding the Client Materials), the Intellectual Property Rights in which are owned by a third party[, and which are specified in Section 4 of the Statement of Work or which the parties agree in writing shall be incorporated into the Deliverables].
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com)
3.1 The Contract shall come into force upon the Effective Date. The term contract will only be applicable for any deal with the third party companies/ parties or for the collaboration firms.
3.2 The Contract shall continue in force [indefinitely] OR [until:
(a) all the Services have been completed;
(b) all the Deliverables have been delivered; and
(c) all the Charges have been paid in cleared funds,
upon which it will terminate automatically], subject to termination in accordance with Clause 10.
3.3 Unless the parties expressly agree otherwise in writing, each Statement of Work shall create a distinct contract under these Terms and Conditions.
4.1 The Consultant shall provide the Services to the Client in accordance with these Terms and Conditions.
4.2 The Consultant shall provide the Services with reasonable skill and care.
5.1 The Consultant shall deliver the Deliverables to the Client, which includes the verified documents like SOP (Statement Of Purpose), LOR (Letter of Recommendation), and Resume.
5.2 The Client must promptly, following receipt of a written request from the Consultant to do so.
5.3 The Consultant shall [ensure] OR [use its best endeavors to ensure] that the Deliverables are delivered to the Client in accordance with the timetable set out in Section 5 of the Statement of Work.
5.4 The Consultant warrants to the Client that:
(a) [the Deliverables will conform with the requirements of Section 4 of the Statement of Work];
(b) [the Deliverables will be free from [material defects]]; and
(c) [[the Deliverables] OR [the Deliverables when used by the Client in accordance with these Terms and Conditions] will not infringe the Intellectual Property Rights[ or other legal rights] of any person[, and will not breach [the provisions of any law, statute or regulation],] in [any jurisdiction and under any applicable law]].
6.1 The Client shall pay the Charges to the Consultant in accordance with these Terms and Conditions.
6.2 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated for TOEFL / IELTS- 6500/- Rs per Batch per student. For Counselling- 15000/- per student per semester, GRE /GMAT- 15000/- per student per batch.
6.3 The charges are subject to change, TEA holds all rights to make changes if needed.
6.4 Fees structure stated in 6.2 is applicable to all our clients / Students, otherwise if special discounts or fee reduction, which the is the solo decision of the TEA board committee.
7.1 The Consultant shall issue invoices / receipt for the Charges to the Client [from time to time during the Term] OR [on or after the invoicing dates set out in Section 6 of the Statement of Work] OR [at any time after the relevant Services have been delivered to the Client] OR [in advance of the delivery of the relevant Services to the Client].
7.2 The Client must pay the Charges to the Consultant within the period given by TEA. following [the receipt of an invoice issued in accordance with this Clause 8].
7.3 The Client must pay the Charges by [Cash, debit card, credit card, direct debit, bank transfer or cheque] (using such payment details as are notified by the Consultant to the Client from time to time).
7.4 If the Client does not pay any amount properly due to the Consultant under these Terms and Conditions, the Consultant may:
(a) charge the Client interest on the overdue amount at the rate of [10% per month] (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month); or
(b) claim interest and statutory compensation from the Client pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
8.1 The Consultant warrants to the Client that:
(a) [the Consultant has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions];
(b) [the Consultant will comply with all applicable legal and regulatory requirements applying to the exercise of the Consultant’s rights and the fulfilment of the Consultant’s obligations under these Terms and Conditions]; and
(c) [the Consultant has or has access to all necessary know-how, expertise and experience to perform its obligations under these Terms and Conditions].
8.2 The Client warrants to the Consultant that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
8.3 All of the parties’ warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions and the applicable Statement of Work. Subject to Clause 9.1, no other warranties or representations will be implied into the Contract and no other warranties or representations relating to the subject matter of the Contract will be implied into any other contract.
- Limitations and exclusions of liability
9.1 Nothing in these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this Clause 10 and elsewhere in these Terms and Conditions:
(a) are subject to Clause 10.1; and
(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
9.3 [Neither party shall be liable to the other party] OR [The Consultant shall not be liable to the Client] OR [The Client shall not be liable to the Consultant] in respect of any loss of profits or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [The Consultant shall not be liable to the Client] OR [The Client shall not be liable to the Consultant] in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [The Consultant shall not be liable to the Client] OR [The Client shall not be liable to the Consultant] in respect of any loss of use or production.
9.6 [Neither party shall be liable to the other party] OR [The Consultant shall not be liable to the Client] OR [The Client shall not be liable to the Consultant] in respect of any loss of business, contracts or opportunities.
9.7 [Neither party shall be liable to the other party] OR [The Consultant shall not be liable to the Client] OR [The Client shall not be liable to the Consultant] in respect of any loss or corruption of any data, database or software.
9.8 [Neither party shall be liable to the other party] OR [The Consultant shall not be liable to the Client] OR [The Client shall not be liable to the Consultant] in respect of any special, indirect or consequential loss or damage.
10.1 The Consultant may terminate the Contract by giving to the Client [not less than 30 days’] written notice of termination[, expiring [at the end of any [calendar month]] OR [after the end of the Minimum Term]]. The Client may terminate the Contract by giving to the Consultant [not less than 30 days’] written notice of termination[, expiring [at the end of any [calendar month]] OR [after the end of the Minimum Term]].
10.1 Either party may terminate the Contract by giving to the other party [not less than 30 days’] written notice of termination[, expiring [at the end of any [calendar month]] OR [after the end of the Minimum Term]].
10.2 Either party may terminate the Contract immediately by giving written notice of termination to the other party if:
(a) the other party commits any [breach] OR [material breach] of the Contract[, and the breach is not remediable];
(b) [the other party commits a [breach] OR [material breach] of the Contract, and the breach is remediable but the other party fails to remedy the breach within the period of [30 days] following the giving of a written notice to the other party requiring the breach to be remedied]; or
(c) [the other party persistently breaches the Contract (irrespective of whether such breaches collectively constitute a material breach)].
10.3 The Consultant may terminate the Contract immediately by giving written notice to the Client if:
(a) any amount due to be paid by the Client to the Consultant under the Contract is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and
(b) the Consultant has given to the Client at least [30 days’] notice, following the failure to pay, of its intention to terminate the Contract in accordance with this Clause 10.3.
10.4 If the termination of the contract is from the client side,
(a) then TEA is not bound to give any service or any refund.
(b) Refund or service to give to the client shall be then decided by TEA itself without any further discussion or claim.
(c) The calculation of refund or the total amount can be calculated depending on the TEA internal calculations and services used by the client.
(d) Services like IELTS, GRE / GMAT, TOEFL and German Language: If client has paid the fees and was not able to attend a single lecture because of some genuine reasons, then TEA may refund the complete or partial amount, depending on the administrative charges required.
(e) Services like Counselling, Visa, or Scholarship, if client has not at all started the process, TEA will refund the amount. But if the process has been started already then no refund will be considered at any point. OR point 10.4 (b) & (c) will be applicable.
(f) If client uses any services [includes all services provided by TEA] at the discounted price or if client get some concession in the fees, then TEA will not be returning any refund to the client at the time of termination.
- Effects of termination
11.1 Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): [Clauses 1, 6, 7.2, 7.4, 9, 11, 12.2 and 14].
11.2 Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Contract shall not affect the accrued rights of either party.
- Status of Consultant
12.1 The Consultant is not an employee of the Client, but an independent contractor.
12.2 The termination of the Contract will not constitute unfair dismissal; nor will the Consultant be entitled to any compensation payments, redundancy payments or similar payments upon the termination of the Contract.
13.1 The Consultant must not subcontract any of its obligations under the Contract without the prior written consent of the Client[, providing that the Client must not unreasonably withhold or delay the giving of such consent].
13.1 Subject to any express restrictions elsewhere in these Terms and Conditions, the Consultant may subcontract any of its obligations under the Contract[, providing that the Consultant must give to the Client, promptly following the appointment of a subcontractor, a notice specifying the subcontracted obligations and identifying the subcontractor in question].
13.2 The Consultant shall remain responsible to the Client for the performance of any subcontracted obligations.
14.1 No breach of any provision of the Contract shall be waived except with the express written consent of the party not in breach.
14.2 If any provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
14.3 The Contract may not be varied except by a written document signed by or on behalf of each of the parties.
14.4 The Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Contract are not subject to the consent of any third party.
14.5 Subject to Clause 9.1, these Terms and Conditions shall constitute the entire agreement between the parties in relation to the subject matter of these Terms and Conditions, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
14.6 The Contract shall be governed by and construed in accordance with [law].
14.7 The courts of [Maharashtra] shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.