Terms of Service
Definitions:
Course: One course is, by default, defined as consisting of 40 hours of study unless otherwise explicitly specified, confirmed and recorded by TFU. By entering into a course, both teacher and student agree on this definition unless otherwise explicitly specified, confirmed and recorded by TFU.
Terms and Conditions for Clients
1. Introduction
a. TFU is an agent for the introduction of one or more teachers to the Client. TFU does not provide tutoring services. We are a tutoring agency and we are a party to this contract.
b. You are referred to in this contract as ‘the Client’, and you are the other party to this contract. You agree to the purchase of tutoring services on behalf of ‘the Student’. ‘The Student’ may be yourself or another person. The Student is the person who receives the tutoring service through sessions of tutoring.
c. The Client agrees to these terms and conditions which relate to TFU’ introduction of a teacher to you.
d. The tutoring services are provided by the Teacher under a separate agreement between the Client and the Teacher. See below on this page for this agreement.
e. The Termination or Conclusion of the Agreement occurs when all of the obligations under this contract are complete or discharged, excluding the ongoing undertakings in paragraph 5c and 5d of this contract. Conclusion of the Agreement will typically occur at the end of the final lesson but may occur at another time in accordance with Section 6 of this contract.
2. General
a. The Client acknowledges that these terms govern the legal rights and obligations between the Client and TFU. TFU reserves the right to alter these terms and conditions.
b. No variation or alteration of these terms by the Client shall be valid unless expressly approved in writing by TFU.
c. This agreement is governed by the laws of Thailand and the parties submit to the jurisdiction of the Courts of Thailand.
3. Contractual Relationship
a. TFU provides introductions of Teachers to Clients and vice versa; TFU is an agent for the Teacher. It also collects fees from the Client on behalf of the Teacher together with its own fee relating to its administration and introduction commission. The hourly rate for tuition includes the teacher’s fees and TFU’ own fee. VAT is applied where appropriate.
4. Agreement with the Teacher for the provision of tutoring services
a. A Teacher will be deemed to have been introduced to the Client by TFU in the event that either the name of the Teacher is provided to the Client by TFU following the request for a Teacher by the Client, or TFU arranges for a Teacher to contact the Client following such request for a Teacher provided by the client to TFU.
b. By booking a Session with the Teacher, the Client agrees to be bound by these Terms and Conditions and by the terms and conditions which govern their relationship with the Teacher.
c. The Teacher is self-employed and engaged by the Client to provide tuition to the Student. Clients should be aware that the Teacher does not have power to bind TFU in any way.
d. TFU reserves the right to schedule teachers without nationality, race, age, or sex discrimination. TFU is under no obligation to provide teachers of any specific nationality, race, age or sex.
5. Prohibition of other Arrangements
a. The Client will not agree any alternative fees with the Teacher and agrees not to render any direct payments to the Teacher.
b. The Client is not permitted to enter into any private arrangements with any Teacher introduced by TFU. The Client undertakes to make all bookings with Teachers introduced by TFU exclusively through TFU.
c. A breach of these terms will render the Client liable to account to TFU for all sums received by the Teacher direct from the Client or from a new Client without deduction and TFU shall be entitled to seek injunctions against the Client to prevent further breaches. These obligations continue beyond the termination or conclusion of this agreement.
d. Should you wish to recommend one of TFU’ Teachers to any other Potential or Actual Client, that Client must contact TFU to make a booking through the agency.
6. Replacements and Termination
a. If the Teacher is unable to complete the Course of Tuition, or the Client requests a replacement Teacher because they are not satisfied with the original Teacher assigned to them, TFU will endeavour to find up to two suitable replacement Teachers with regard to the level and subject for which tuition is required.
b. If TFU is unable to find such a suitable replacement Teacher within a reasonable time to complete the remaining Sessions of the Course of Tuition, TFU will refund a portion of the fees pre-paid by the Client representing the number of sessions that the Teacher or any replacement Teacher has been unable to complete.
c. If the replacement Teachers meet TFU’ criteria for suitability for the job in terms of subject and level knowledge and is available at the same time or another time convenient for the Client, then TFU has fulfilled its obligations; if the Client then wishes to terminate the Tuition mid-Course, the provisions of paragraph 6d will apply.
d. If the Client wishes to terminate the Tuition mid-Course for any reason, no refunds can be granted for the balance of sessions that have been taught; furthermore, one week’s notice must be provided. In that week the Client may choose to utilise the Session or Sessions that were planned to occur during that week, or not, but will not be refunded if the Client chooses not to utilise the Session or Sessions during that week. TFU will refund all monies prepaid excluding fees for the sessions that have already been taught and those fees for the week following the notification of Termination.
7. Payment
a. The Client can pay either by bank transfer or in cash at any bank for the first Session.
b. The Client will pay on a monthly basis in advance. The Client will be invoiced during the last week of the month in respect of tuition that will be delivered in the course of the following month.
c. Exceptionally we may allow some clients to pay on a weekly payment basis. Invoices will still be issued monthly but will have weekly payment dates. These must be paid two business days before the scheduled lesson. If the invoice is not paid on time, the lesson will be cancelled.
d. Tuition will not begin prior to receipt of payment for the month or period in question.
8. Client’s Responsibilities
a. The Client shall notify TFU immediately and without delay and in any event within 24 hours if the Teacher fails to attend a lesson or notifies the Client that (s)he is unable to attend the lesson for any reason.
9. Expenses
- Provided the Client gives clear prior consent in writing, the Teacher may obtain educational resources such as textbooks on behalf of the Client/Student. As stated in Prohibition Of Other Arrangements, the Client agrees not to render any direct payments to the Teacher. TFU must be informed of any such arrangement to obtain educational resources, and will arrange reimbursement for the Teacher via invoice to the Client.
- TFU reserves the right to provide photocopied materials to students as necessary.
10. Liability
a. TFU does not accept any liability for any claims by the Client arising out of or related to the provision of tutoring services by the Teacher.
b. TFU does not exclude liability that is not permitted to be excluded by law, and in particular we do not exclude liability for death or personal injury arising from TFU’ own negligence.
c. TFU will not be liable to the Client or any third party for any act, omission or error (whether wilful, negligent or otherwise) of the Teacher.
d. Whilst every effort is made by TFU to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Teachers and further to provide them in accordance with the Client’s needs, TFU is not liable for any loss, expense, damage or delay arising from the negligence, dishonesty, misconduct, accidental or deliberate damage to property during the assignment or lack of skill of the Teacher.
e. The Client shall indemnify and keep indemnified TFU against any costs, claims or liabilities incurred by TFU arising out of any Assignment or as a result of any breach of these Terms by the Client.
f. TFU does not accept any liability for the consequences of tuition, including, but not limited to, exam results and dissertation scores.
g. TFU is not responsible for insurance arrangements in respect of the Teacher providing tutoring services and the Client should note that this is the case.
11. Scheduling and Cancellation
a. Clients should be aware that there can be considerable preparation involved before each Session of tuition, in addition to travel time and cost to the Teacher.
b. If, in any case, a student is absent for an entire lesson or is late for any part of a lesson, and no notification of cancellation has been provided to TFU administrative officers more than 48 hours in advance, then payment for confirmed lesson hours shall be deducted and teacher shall be paid for lesson.
c. Notice of cancellation of a scheduled tutoring Session for any reason whatsoever must be given by the Client to TFU more than 48 hours prior to the scheduled Session. If notice is given more than 48 hours prior to the scheduled Session, the Client will not be charged for the Session.
d. If notice of cancellation of a scheduled tutoring Session is given within five hours of the start of the Session, then the Client will be charged with the full payment for that tutoring session, whether it is one, two or more hours, unless the Teacher deems the cause of cancellation to be unavoidable and agrees not to accept payment for the Session.
e. Should the Teacher not be available on the day, the Client will be informed, and a re-arranged time may be offered by the Teacher. If a suitable alternative time cannot immediately be arranged, TFU must be immediately informed and this will be a credit Session that the teacher and client can arrange in the future.
f. If a tutorial falls on a Bank Holiday or other national or religious holiday that either the Teacher or the Client wishes to observe, then an alternative Session must be arranged and TFU must be informed of any new arrangements.
g. If the Student is late for a Session, the Teacher may choose to but is not obligated to work beyond the scheduled end time, and the Session will be charged at the usual price, whether or not the Teacher works beyond the scheduled end time. If a Teacher is late for a Session, then it is the duty of the Teacher to arrange to make up the lost time.
h. Prior to Sessions, Clients will receive a lesson reminder from TFU via email on behalf of the Teacher.
i. Cancellations by the Client of more than 3 weeks in succession, or that which TFU perceive as unreasonable, regular cancellations, will be considered for immediate termination of contract, at TFU’s discretion.
j. Any Schedule changes shall be coordinated and implemented by TFU administrative officers and a student and/or student’s guardians.
k. Schedule changes are permitted up to 3 times per forty hours.
l. TFU reserves the right to change teachers or times if necessary. TFU will not be held responsible for any miscommunication between Client and TFU administrative officials regarding scheduling changes.
m. In no case shall tuition fees be refundable or transferable.
12. Data Protection
a. The Client agrees that they will not disclose any confidential information concerning the Teacher or TFU to any person for the duration of this agreement and for a period of five years after termination of the agreement, save as required by law, court order or any governmental or regulatory authority. More detailed information is available in the Privacy and Data Collection Policy available on TFU’s Website.
Agreement between Teachers and Clients
1. Status of this Agreement
a. This agreement forms the contract between the Teacher and the Client when TFU has effected an introduction and both the Teacher and the Client have agreed to undertake tuition.
b. By agreeing to teach the Student, the Teacher agrees to this contract. By agreeing to have the Student teachered by the Teacher, the Client agrees to this contract. The Teacher and the Client acknowledge that these terms govern the legal rights and obligations between them.
c. This contract should be read alongside the Terms and Conditions for Clients and Terms and Conditions for Teachers.
d. These terms constitute the whole agreement between the parties and no variation or alteration of these terms shall be valid.
e. The parties agree that this agreement is governed by the laws of Thailand regardless of where tuition takes place.
f. The Client is the person who agrees to the purchase of tutoring services on behalf of the Student. The Student may be the same person as the Client or another person. The Student is the person who receives the tutoring service through sessions of tutoring. The Teacher delivers the tutoring service.
2. Provision of Tutoring Services
a. The Teacher is self-employed and this should be noted by the Client. TFU acts as agent for the Teacher by introducing the Teacher to the Client.
b. The Teacher will carry out the tutoring services professionally, with due skill, diligence and care.
c. The Teacher is responsible for the content of the lessons and will prepare the lessons in accordance with the Client’s instructions and/or a relevant exam syllabus or qualification syllabus as appropriate. The Teacher’s methods of teaching and content of lessons are those of the Teacher alone and are not supervised or controlled by TFU.
d. Teachers are responsible for providing all reasonable teaching materials.
e. The Client and the Teacher are jointly responsible for agreeing a safe and suitable environment for the tutoring to take place. This will usually be the Student’s home.
f. It is the obligation of the Teacher to ensure that their timesheets are accurate and up to date; however, Clients should assist Teachers in carrying out this obligation by signing the timesheets when asked, in order to confirm the accuracy of the information on the sheet. Clients have no obligation to sign inaccurate timesheets and if they believe the information on the timesheet is inaccurate, they should contact TFU.
g. The Teacher will not provide or agree to provide any services or carry out any work for the Client or the Student other than Tuition, save with the prior consent of TFU.
3. Fees and Financial Arrangements
a. TFU, as agent for the Teacher, will agree an hourly rate for tuition with the Client. The Teacher and the Client agree that all payments will be done through TFU as the agent for the Teacher. The hourly rate may not be changed by the Teacher or the Client without written authority of TFU.
b. The Teacher and the Client agree not to make any private arrangements for tuition with each other or with other Teachers or Clients introduced by TFU. A breach of this obligation will render the Teacher and the Client liable to account to TFU for all sums paid and received, and TFU will be entitled to seek an injunction against the Teacher and the Client to prevent further breaches. This obligation continues beyond the end of this agreement and the conclusion of the course of tuition.
c. The Client may instruct the Teacher to acquire particular educational or teaching resources on behalf of the Client/Student. TFU must be informed of any such arrangement, and we will arrange reimbursement of the Teacher via invoice to the Client. Teachers are not permitted to accept funds directly from the Client for any reason; Clients are not permitted to pay funds directly to the Teacher for any reason. Clients will have to confirm any such arrangement in writing.
4. Cancellations and Scheduling
a. The Teacher will provide to the Client notice of any proposed holiday dates and request the same from the Client, in order to schedule lessons at a convenient time for both parties. In the event of cancellation of a scheduled lesson, TFU must be informed and an alternative date agreed between Client and Teacher.
b. Clients must give notice of cancellation of any scheduled lesson more than five hours before the session is due to begin. If notice is given by that time, there is no charge to rearrange the session, and we do not charge for the session on behalf of the Teacher.
c. If notice is given within five hours of the start time of the session, then TFU will charge for the session on behalf of the Teacher unless the Teacher views the reason for cancellation to be unavoidable, and they choose not to charge for the session.
d. If the Student is late for a session, the Teacher may choose to but is not obligated to work beyond the scheduled end time, and the session will be charged at the usual price, whether or not the Teacher works beyond the scheduled end time. If a Teacher is late for a session, then it is the obligation of the Teacher to arrange to make up the lost time.
5. Liability
a. TFU is not responsible for insurance arrangements in respect of the Teacher and their provision of tutoring services, and the Client should note this.
b. TFU does not accept any liability for any claims by either the Client or the Teacher relating to the provision of tutoring services or any related matters.
c. TFU does not exclude liability that is not permitted to be excluded by law.
d. The Teacher is engaged by the Client only to provide tuition and is not responsible for the safety, wellbeing, welfare and care of Students or for the protection of any person’s property. Clients who choose to leave the Student alone with the Teacher during the tutorial do so of their own free choice and at their own risk.
Privacy Policy
TFU Educational Services Co., Ltd. operates the www.tfu.ac.th website, which provides the SERVICE.
This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service, the TFU Language School website.
If you choose to use our Service, then you agree to the collection and use of information in relation with this policy. The Personal Information that we collect are used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.
The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at www.tfu.ac.th, unless otherwise defined in this Privacy Policy.
Information Collection and Use
For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.
Log Data
We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
Cookies
Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.
Our website uses these “cookies” to collection information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.
For more general information on cookies, please read “What Are Cookies”.
Service Providers
We may employ third-party companies and individuals due to the following reasons:
- To facilitate our Service;
- To provide the Service on our behalf;
- To perform Service-related services; or
- To assist us in analyzing how our Service is used.
We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
Security
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Children’s Privacy
Our Services do not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately, after they are posted on this page.
Contact Us
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us.
Data Protection Policy
The TFU Educational Services Co., Ltd. Protection Policy refers to our commitment to treat information of employees, customers, stakeholders and other interested parties with the utmost care and confidentiality.
With this policy, we ensure that we gather, store and handle data fairly, transparently and with respect towards individual rights.
Scope
This policy refers to all parties (employees, job candidates, customers, suppliers etc.) who provide any amount of information to us.
Who is covered under the Data Protection Policy?
Employees of our company and its subsidiaries must follow this policy. Contractors, consultants, partners and any other external entity are also covered. Generally, our policy refers to anyone we collaborate with or acts on our behalf and may need occasional access to data.
Policy elements
As part of our operations, we need to obtain and process information. This information includes any offline or online data that makes a person identifiable such as names, addresses, usernames and passwords, digital footprints, photographs, social security numbers, financial data etc.
Our company collects this information in a transparent way and only with the full cooperation and knowledge of interested parties. Once this information is available to us, the following rules apply.
Our data will be:
- Accurate and kept up-to-date
- Collected fairly and for lawful purposes only
- Processed by the company within its legal and moral boundaries
- Protected against any unauthorized or illegal access by internal or external parties
Our data will not be:
- Communicated informally
- Stored for more than a specified amount of time
- Transferred to organizations, states or countries that do not have adequate data protection policies
- Distributed to any party other than the ones agreed upon by the data’s owner (exempting legitimate requests from law enforcement authorities)
In addition to ways of handling the data the company has direct obligations towards people to whom the data belongs. Specifically we must:
- Let people know which of their data is collected
- Inform people about how we’ll process their data
- Inform people about who has access to their information
- Have provisions in cases of lost, corrupted or compromised data
- Allow people to request that we modify, erase, reduce or correct data contained in our databases
Actions
To exercise data protection we’re committed to:
- Restrict and monitor access to sensitive data
- Develop transparent data collection procedures
- Train employees in online privacy and security measures
- Build secure networks to protect online data from cyberattacks
- Establish clear procedures for reporting privacy breaches or data misuse
- Include contract clauses or communicate statements on how we handle data
- Establish data protection practices (document shredding, secure locks, data encryption, frequent backups, access authorization etc.)
Our data protection provisions will appear on our website.
Disciplinary Consequences
All principles described in this policy must be strictly followed. A breach of data protection guidelines will invoke disciplinary and possibly legal action.
Return Policy
Under no circumstances does TFU Educational Services, Co., Ltd. offer refunds, except in the case of prior written, signed and notarized agreement made between the CLIENT and TFU Educational Services, Co. Ltd.