1. Usage of Mindworks Platform
DESCRIPTION OF SERVICES
a. The Mindworks Platform enables students or their parents to connect with tutors for arrangements including but not limited to, private tuition at home. Services provided on the Mindworks Online Platform include but are not limited to:
i. Request for a Tutor Form
ii. Tutor Registration Form
iii. Information on tuition rates
iv. Testimonials from Clients
v. Featured Tutors
vi. Commission Policy
vii. Frequently Asked Questions
viii. Information on Careers
USERS AND MEMBERS OF MINDWORKS PLATFORM
b. All visitors of our Platform, whether they are registered or not, shall be considered as “users” of the contained Services provided for this Terms.
c. Upon registering for these Services, through the process of requesting a tutor, or registering to be a tutor, the user shall then be considered a “member”. There are two types of members; “Client” – a customer who hires tutors from Mindworks; “Tutor” – a person, registered in Mindworks and providing tuition services
COPYRIGHT AND TRADEMARKS ON MINDWORKS PLATFORM
d. Users and Members acknowledge and agree that the entire contents of the Platform are the sole property of Mindworks, protected by copyright and trademark laws in Singapore. Users and Members may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Platform, including text, graphics, code and/or software.
PERSONAL DATA PROTECTION
d. By providing your personal information through the process of requesting a tutor or registering to be a tutor, you therefore give consent to the collection, use or disclosure of your personal data by Mindworks for the purposes of the tuition assignment coordination process.
e. Mindworks will seek the express permission from the Tutors to feature their profiles on the “Featured Tutors” page on the Mindworks Platform.
f. Mindworks values the privacy of your personal information and will guard your information with compliance to the Personal Data Protection Act 2012.
MODIFICATION OF MINDWORKS PLATFORM SERVICES
h. Mindworks may in its own discretion offer additional Platform Services or revise, update or modify any of its Platform Services, and this Agreement shall apply to any and all additional, updated, altered or revised Services unless otherwise specified. Mindworks does hereby reserve the right to cancel and cease offering any of the Services mentioned above.
i. You acknowledge, accept and agree that Mindworks shall in no event be liable for any damages arising out of renewals, changes, revisions or terminations of our Platform Services. Should you not agree to the, updated, overviewed or changed terms, you must stop using the provided Services immediately.
2. Rates, Commission, and Payment
a. YAll currency references are in Singapore dollars (SGD). You shall be responsible for payment of all levies, duties or taxes that are imposed by taxing rules for any payment or fees you may collect through using our services.
b. Tuition rates listed on our Platform are merely guidelines. The tutors can establish rates by themselves. The exact rate for tuition services may differ depending on client’s requirements, market conditions, availability of tutors, qualifications of tutors etc. The tuition rate shall be established when agreed upon by Client and Tutor, and confirmed via an official confirmation invoice sent by Mindworks.
c. Tuition rates agreed upon should not be changed unless clients and tutors mutually agree. Mindworks reserves the right to claim its commission based on the original tuition rate which was agreed upon.
d. Clients do not pay any Commission charges when using the services of Mindworks. Clients only need to pay for the lessons conducted. The agency commission fee is payable by the Tutor and deducted from their tuition fees. To facilitate the payment of the Commission fee, Clients will need to pay Mindworks at the start of the Tuition Assignment.
e. The Commission shall be paid by the Client directly to Mindworks. The Commission is to be paid by the Client 24 hours after confirmation letter and invoice have been sent out to the Client. The actual amount of the payment will be clearly stated on the letter.
f. The Client shall inform Mindworks upon paying the Commission. It is the client’s responsibility to ensure that the bank receipt is kept as proof of transaction if the payment is made through cash deposit transfer.
g. In the rare situation that the tutor does not follow through with the tuition arrangement, the Client is free to break the tuition agreement where 100% of the commission paid will be refunded. Mindworks will also proceed to find a replacement immediately.
h. a. Changes to the tuition assignment which includes but is not limited to a change in frequency, academic level etc may incur a change in the Commission charge. Please refer to the detailed FAQs and Commission Policy for the different scenarios and their resulting outcomes.
i. As tuition fees are collected from the Client directly as Commission fees payable by the tutor to Mindworks, for cancelled tuition arrangements in the first month, Clients are required to deal directly with Mindworks. If clients decide to pay the tutor directly and bypass the Mindworks, clients shall be liable for any commission amount Mindworks fails to receive from the Tutor, in addition to any administrative fees incurred by the Mindworks in collecting the fees.
j. Tutors shall not collect tuition fees which are payable as agency commission fees from the client directly. If they do so, they shall inform Mindworks immediately. At notice from the agency, they shall make payment to the Mindworks in full within three days. Tutors, who fail to follow these instructions, shall be liable to pay the full amount of payment and additionally, administrative fees, incurred by the Mindworks in collecting the payment from the tutor.
k. Mindworks reserves the right to change the amount of Commission fees payable, to an appropriate amount as deemed fit. This can occur depending on the circumstances, which include but are not limited to non-fulfilment of tutor’s obligations, unreasonable demands by Clients, etc.
l. Clients are liable to pay tuition fees for all attended lessons, regardless of how satisfactory the lessons were.
m. In case of violations of terms because of the tutor’s fault, or other reasons, refunds for paid tuition fees may be made to the client’s bank account.
n. If the Commission fee is not paid on time prior to the commencement of the Tuition Assignment, the Client may risk a cancellation of the Tuition Assignment.
o. Mindworks will contact the Client or Tutor regarding any outstanding amount owed to Mindworks via phone calls and SMS. However, after 14 (fourteen) days, if the payment is not made, payment reminder letters shall be sent by mail. Mindworks may refer the matter to our lawyers for further recovery actions if settlement is still delayed despite payment letters being sent. The debtor shall be liable to pay all costs (including administrative, solicitor and client costs) incurred by Mindworks in demanding and enforcing payment of money due on your above account(s).
p. If there are disputes or concerns regarding tuition fees between tutors and clients, Mindworks will provide assistance, to our reasonable means, to help tutors to claim fees from clients and vice versa. However, Mindworks shall not be legally responsible for any payment disputes between tutors and clients.
CANCELLATION AND POSTPONEMENT OF LESSONS
q. Clients shall inform Mindworks and the Tutor (if the client has the tutor’s contact) if a postponement or cancellation of any lesson is needed. If the Tutor is only informed less than 24 hours away to the start time of the lesson, Clients shall be liable to pay for costs for transport and lost in time to the tutor. The amount payable will be 100% of one lesson with 50% transferred to the tutor. The client shall pay this amount in cash immediately on the tutor’s next visit or via bank transfer to the tutor if there is no more next visit. Cancellations or postponement of lessons shall not affect out commission amount.