Terms of Service - TutorCruncher

Terms of Service

By using the TutorCruncher and TimeCruncher services (herein after “TutorCruncher’s service” or just “TutorCruncher”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). TutorCruncher Ltd (Company No. 08385970) is registered in England and Wales.

TutorCruncher reserves the right to update and change the Terms of Service, at any time. TutorCruncher will make reasonably efforts to inform customers of any changes to these terms of service.

These terms of service apply to any company or sole trader with a TutorCruncher company account (“you”). Some clauses relate to both you and any user who you intentionally or unintentionally give access to TutorCruncher (herein after “your users”).

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Account Terms

  1. You must provide your legal name, a valid email address, and any other information requested in order to complete the signup process.
  2. Your login credentials may only be used by one person – a single set of login credentials shared by multiple users is not allowed.
  3. You may create login credentials for as many administrators, tutors, affiliates, clients and students as your price tier.
  4. You are responsible for maintaining the security of your account and password. TutorCruncher cannot and will not be liable for any loss or damage from your failure to protect your login information.
  5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction or the UK (including but not limited to copyright laws).
  6. You are responsible for all Content posted and activity that occurs under your account including Content posted by other people who have been granted access to the Site under your account.

Payments and Refunds

  1. If you sign up for a free trial on a paying account, and you do not cancel or become a full member within 14 days, you will be sent an e-mail inviting you to begin paying for your subscription. If you choose not to pay once your trial has expired, your account will be suspended until payment is received. If you enter your payment information before the trial has ended, your trial ends on that day.
  2. The Service is billed in arrears on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months with an open account.
  3. If you choose to save your details when paying for TutorCruncher’s service, TutorCruncher reserves the right to take payment for invoices from that card.
  4. All payments are to be made in GBP unless otherwise agreed.
  5. TutorCruncher reserves the right to change our monthly fees upon 90 days notice from us. Fee change notices may be posted to the Service or on the TutorCruncher website.

Cancellation and Termination

  1. You alone are responsible for the proper cancellation of your account. You may cancel your account by emailing info@tutorcruncher.com.
  2. TutorCruncher may cancel or suspend your account immediately without notice for any of the following reasons:
    • Failure to pay an invoice or late payment (payment delayed by 5 days or more) .
    • Illegal activity involving or in any way relating to use or misuse of TutorCruncher.
    • Any attempt by your users to extract data from the TutorCruncher system which you do not rightly have access to or damage TutorCruncher such that such access is made easier for others.
    • Any damage (intentionally or otherwise) to the service TutorCruncher offers by your users.
    • Any activity by your users which results in a significant increase in the costs to TutorCruncher of providing the TutorCruncher service.
    • Any activity by your users which defames TutorCruncher or damages its reputation.
  3. In the event of cancellation or long-term suspension TutorCruncher will provide exports of your data using all TutorCruncher’s standard export features free of charge unless prevented from doing so by law. If any further data is required TutorCruncher will make a reasonable effort to provide that data in a usable format charging a reasonable hourly rate for that work.
  4. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will receive one final invoice usage in the month of cancellation.
  5. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content associated with your Account.
  6. TutorCruncher reserves the right to refuse service to any new customer for any reason.
  7. TutorCruncher reserves the right to modify the service at any time without notice. Unless otherwise agreed all customers will be provided with the same service as defined by their pricing tier.
  1. TutorCruncher owns the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which TutorCruncher owns.
  2. TutorCruncher claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.

How We Use Your Information (Data Protection)

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers. We may use third party service providers to help us operate our business or administer activities on our behalf. We may share your information with these third parties as part of our business operations.

We treat your end user database with the greatest respect and will never share its contents with another user of TutorCruncher. Individuals, be they tutors, clients, or students, can create TutorCruncher accounts which they then use across multiple companies, therefore, these users may receive communications from different companies that are also using TutorCruncher. A company with a TutorCruncher account will only have access to the user data in its company-specific database.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  3. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of TutorCruncher.
  4. It is your responsibility to check every invoice and payment order to make sure they are correct before receiving or dispensing funds.
  5. You may not use the service to store, host, or send unsolicited email (spam) or SMS messages.
  6. You may not use the service to transmit any viruses, worms, or malicious content.
  7. TutorCruncher does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  8. TutorCruncher, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
  9. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
  10. The failure of TutorCruncher to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and TutorCruncher and govern your use of the Service, superseding any prior agreements between you and TutorCruncher (including, but not limited to, any prior versions of the Terms of Service).
  11. Questions regarding the Terms of Service should be sent to support@tutorcruncher.com
  12. Customer support can be reached at support@tutorcruncher.com
  13. Any dispute over these terms of service and any disagreement between TutorCruncher and its customers will be judged under the laws of the United Kingdom.

Fee Calculations

TutorCruncher fees are made up of two components: a fixed monthly fee and a usage fee which is proportional the revenue Companies put through TutorCruncher.

Fixed monthly fees are charged retrospectively via invoice. Usage fees are calculated and charged in two steps:

  1. For “electronic payments” (eg. where money is collected by Stripe or GoCardless) linked to TutorCruncher an “application fee” is applied at transaction time based on the usage fee percentage.
  2. The total revenue for a company (eg. sum of charges for complete or “cancelled but chargeable” appointments and undeleted Ad Hoc Charges) for each calendar month is calculated. The sum of electronic payments is then subtracted to arrive at “total non-electric revenue”, the percentage usage fee is then calculated and added to the invoice along with the monthly fee.