Terms & Conditions

General Terms and Conditions - for Parents

Customer
The parent, guardian or carer who completes the registration process with MindFeedr on behalf of a Student
Fee
The charge to the Customer by MindFeedr for a Lesson or Lessons.
Customer
Theparent, guardian or carer who completes the registration process with MindFeedron behalf of a Student
Education Support Provider
Anyperson or entity who has completed the registration process with MindFeedr and is made available to the Customer for the purposes of educational support and “ESP” shall have the same meaning.
Incident
Anyact or conduct or behaviour including but not limited to a missed Lesson, late attendanceby an ESP, request for refund, improper conduct or quality, that is the subject of a complaint raised to MindFeedr by the Customer
Lesson
The scheduled appointment arranged by MindFeedr.for the ESP to provide educational support to the Student.
MindFeedr
an online service located at the Website to host educational support services on behalf of the ESP for the benefit of the Customer.
Safeguarding
The statutory  standards relating to the safe treatment and protection of children and their  welfare.
Student
The person(s) registered by the Customer with MindFeedr for the purposes of seeking educational support for whom the Customer has parental rights or other similar rights of guardianship or care.
The Website
Means the  MindFeeder website located at www.mindfeedr.com
Terms
Means these  MindFeedr General Terms and Conditions for the Customer

Special promotion

1 MindFeedr is offering a total of 40 (forty) facilitated learning sessions at a special introductory rate of £10 per 45-minute session compared to the normal advertised price of £20 per 45-minute session.

2 This offer will be available from 00:00 BST on Friday 15 May 2020. It will be valid until the discounted allocation of 40 (forty) facilitated learning sessions have been booked OR until 12:00 BST on Friday 5 June 2020.

3 MindFeedr reserves the right to change the terms of this promotional offer or to modify or end this promotional offer at any time without notice.

4 MindFeedr will endeavour to schedule your child’s session at your requested time but we cannot guarantee availability. Where your requested time is not available, MindFeedr will offer an alternative time.

5 There is no obligation on MindFeedr to schedule the requested time if no available resource is available.

6 The construction, validity, interpretation and enforceability of this promotion and its terms shall be governed by and construed in accordance with the laws of the United Kingdom.

7 This promotional offer is void where prohibited or restricted by law. We reserve the right to change or end any promotion at any time, if required for legal and/or regulatory reasons.

8 MindFeedr is operated by BPS World Ltd (1-13 Burlington House, York Road, Maidenhead, SL6 1SQ), Company no. 5292465.

9 All other Terms and Conditions remained unchanged.

General Conditions

1        The MindFeedr website is operated by Business Partnership Services Ltd, a UK Employment Agency and Employment Business, registered in England under company number 05292465. and whose registered office is at Burlington House, 1 – 13 York Road, Maidenhead. SL6 1SQ.

2        By completing the registration process for MindFeedr the Customer agrees to these Terms and Conditions (made available during the registration process) which the Customer confirms it has read and fully understood.

3        MindFeedr reserves the right to amend these General Terms and Conditions at any time and will notify the Customer of such amendments.

4        The Customer may cancel its membership with MindFeedr in writing at any time and upon Cancellation MindFeedr shall reimburse the Customer’s unspent balance of account less an administrative cancellation charge of £40.00.

5        MindFeedr reserves the right to withdraw the Website at anytime with or without reason and upon cancellation shall return to the customer its unspent balance of account without charge.

Student (Child) Protection

6        MindFeedr believes the recorded online distance learning provides the safest environment in which Students can be supported one to one by an ESP.

7        Customers agrees not to provide any direct contact details of the Student to the ESP and the ESP is not permitted to ask either the Student or the Customer for such details. Access to the Student by the ESP must be via the Customer at all times.

8        In the event that a Customer and ESP mutually decide to conduct a Lesson in person (not online) MindFeedr strongly recommends the Customer does not leave the Student (child) in the sole company of the ESP at any time and MindFeedr does not accept any liability whatsoever for the conduct of the ESP in person.

9        If any Customer has any concern regarding Student protection, they agree to contact MindFeedr immediately.

MindFeedr Obligations

10     MindFeedr will;

10.1     from time to time conduct Website maintenance (which may or may not make the Website inaccesible) between the hours of 8pm and 10am whenever practicable and the Customer is not entitled to a Fee discount during these periods.

10.2     not permit any ESP to access the Website who has not fully achieved MindFeedr’s Safeguarding Compliance Standards.

10.3     ensure all MindFeedr employees accessing the Website have achieved the MindFeedr’s Safeguarding Compliance Standards prior to providing access.

10.4     confirm Lesson bookings and/or cancellations to both the Customer and the ESPs by email (unless requested not to communicate by email).

10.5     reimburse the Customer in the event that a scheduled Lesson is not attended by the ESP within 10 minutes of its scheduled start time.

10.6     take reasonable measures to protect the information it is provided relating to Customers and Students and shall at all times comply with GDPR legislation.

Video Recorded Lessons

10.7     record all Lessons by video and make recordings available to the customer and ESP for viewing for up to 28 days.

10.8     permanently delete all recorded Lessons after 28 days unless retained by MindFeedr following a complaint that requires investigation.

Customer Obligations

11     The Customer must;

11.1     always maintain professional conduct with ESPs including the conduct of Students it registers with MindFeedr.

11.2     ensure the Student is adequately prepared and ready to begin the Lesson at the start time and for the duration of the Lesson, including the provision of adequate equipment, stationary, and materials necessary to complete the Lesson.

11.3     keep their password to the Website private and not share it with any other 3rd party at any time. The Customer’s login is for the exclusive use of the Customer and its Students and no other 3rd party.

11.4     change their password immediately via the Website in the event that they believe their password privacy has been compromised.

11.5     ensure the Student joins the Lesson within 10 minutes of its scheduled start time.  Failure to join the Lesson within this time permits the ESP to disconnect from the Lesson but the Customer will still be charged.

11.6     confirm its Lesson booking at least 24 hours prior to the start of the Lesson to qualify for a full refund in the event of non-attendance by the ESP. Lessons confirmed by the Customer less than 24 hours before the start time may not be eligible for a refund in the event of non-attendance by the ESP.

11.7     notify MindFeedr within 5 working days if any scheduled Lesson is unattended by the ESP within 10 minutes of its scheduled start time in order to qualify for reimbursement of the Lesson Fee.

11.8     use its own judgement in the suitability of an ESP at the time of booking and shall not hold MindFeedr responsible for the suitability of any ESP to any Student.

11.9     ensure their personal details and contact information and those of the Student are maintained accurately and up-to-date on the MindFeedr Website in order that MindFeedr can communicate Lesson bookings.  MindFeedr shall not be held responsible for any Lesson failures caused by the Customer providing MindFeedr incorrect contact details.

Payment and Fees

12     The Customer must provide MindFeedr with a valid debit/credit card to transact the full cost of the Lesson(s) booked.

13     Payment will be taken prior to the confirmation of Lesson booking is issued.

14     The Lesson Fee and any associated discounts will be displayed on the Website at the time of booking and which may be updated at any time.  Changes in prices will not affect any existing bookings made by the Customer.

15     The Customer’s statutory rights are not affected.

16     The Customer may purchase Lesson credits individually or in a bulk.  Any discounted Fee applied to Lessons purchased in bulk is not available for Lessons purchased individually.

17     A Lesson Fee is the total Fee to be paid by the Customer for that Lesson inclusive of VAT.

18     The Customer authorises MindFeedr to instruct Stripe to charge their credit/debit card for the Lesson Fee in advance of the Lesson unless otherwise agreed with MindFeedr.

19     If a Lesson does not take place because a Student does not attend the Lesson within 10 minutes of the scheduled start time the Customer will still be charged the full Lesson Fee.

20     If the ESP does not attend the Lesson within 10mins of its scheduled start time and Lesson does not thereafter take place the Customer will be refunded the full Lesson Fee.

21     The Customer is not entitled to a refund if they continue with a Lesson that starts more than 10 minutes late.

22     Should a Lesson fail to occur as a direct result of Website failure, incorrect confirmation or other negligence or omission by MindFeedr or its staff, MindFeedr will, subject to having established its fault through investigation, refund the Customer the Lesson Fee.

23     Payment processing on MindFeedr's Website is provided by Stripe Payments Europe, Ltd trading as Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom (together, the “Stripe Terms”). By agreeing to these terms and conditions or continuing to operate as an ESP on MindFeedr's Website, the Customer agrees to be bound by the Stripe Terms, as the same may be modified or amended by Stripe from time to time.

Complaints

24     Any and all Customer complaints must be made to MindFeedr in writing stating the details of the Incident including the date and time of the event, the person(s) involved and the nature of the Incident.

25     Upon receipt of a Customer complaint;

25.1     relating to an ESP, MindFeedr is automatically permitted to cancel any future Lessons booked between the Customer and the ESP.  Such cancellation will be subject to the cancellation conditions herein

25.2     MindFeedr will notify the ESP of the complaint.

25.3     MindFeedr will open an investigation into the Incident

25.4     the Customer accepts MindFeedr may (at its sole discretion) share Lesson recordings with any UK law enforcement authority in support of any investigation of any complaint or accusation of foul play or inappropriate behaviour.

Breach of Conditions

26     MindFeedr reserves the right to cancel the service with any Customer at its sole discretion (with or without reason) which may or may not be reasonable.  Upon cancellation initiated by MindFeedr, the Customer shall be reimbursed any unspent balance of Fees within 5 working days.

27     MindFeedr provides no assurance and accepts no liability for the actions of any ESP engaged directly by the Customer outside of the MindFeedr Website.

28     The Customer accepts that the ESP is an individual and nothing in this Agreement shall prevent an ESP from taking legal action against the Customer directly with or without the involvement of MindFeedr in the event of a serious breach or conduct, including abuse, racism, libel or other illegal activity.

29     This Agreement is governed by English Law under the jurisdiction of the Courts of England.

General Terms and Conditions - for ESP

Customer
The parent, guardian or carer who completes the registration process with MindFeedron behalf of a Student registered with MindFeedr.
Fee
The charge to the  Customer by MindFeedr for a Lesson or Lessons.
Customer
The parent, guardian or carer who completes the registration process with MindFeedron behalf of a Student
Education Support Provider
Any person or entity who has completed the registration process with MindFeedr and is made available to the Customer for the purposes of providing educational support to a Student for a Customer, and “ESP” shall have the same meaning.
Incident
Any act, conduct or behaviour including but not limited to lateness, improper conduct or poor quality, that is the subject of a complaint raised to MindFeedrby the Customer.
Payment
The payment to the ESP by MindFeedr for a Lesson or Lessons.
Rate
The rate of pay to the ESP for successfully completing a 1 hour long scheduled Lesson.
Lesson
The scheduled appointment arranged by MindFeedr for the ESP to provide educational support to the Student.
MindFeedr
an online service located at the Website to host educational support services on behalf of the ESP for the benefit of the Customer.
Safeguarding
The statutory standards relating to the safe treatment and protection of children and their welfare.
Student
The person(s) registered by the Customer with MindFeedr for the purposes of seeking educational support for whom the Customer has parental rights or other similar rights of guardianship or care.
The Website
Means the MindFeeder website located at www.mindfeedr.com
Terms
Means these  MindFeedr General Terms and Conditions for the Customer

General Conditions

1        The MindFeedr website is operated by Business Partnership Services Ltd, a UK Employment Agency and Employment Business, registered in England under company number 05292465. and whose registered office is at Burlington House, 1 – 13 York Road, Maidenhead. SL6 1SQ.

2        By completing the registration process as an ESP for MindFeedr the ESP agrees to these Terms and Conditions (made available during the registration process) which the ESP confirms it has read and fully understood.

3        MindFeedr reserves the right to amend these General Terms and Conditions at any time and will notify the ESP of such amendments.

4        The ESP may cancel its membership with MindFeedr in writing at any time. Upon cancellation MindFeedr shall cancel any pending Lesson bookings for the ESP and remove the ESP’s profile from MindFeedr.  For each pending Lesson booked at the time of cancellation the ESP may be liable to a cancellation charge of £20.00 to be implemented at the sole discretion of MindFeedr.

5        MindFeedr reserves the right to withdraw the Website at any time with or without reason and upon cancellation shall settle any outstanding payment owed to the ESP.

Student (Child) Protection

6        MindFeedr believes recorded online distance learning provides the safest environment in which Students can be supported one to one by an ESP, and accordingly;

6.1       the ESP agrees not to request any direct contact details of the Student either from the Customer or the Student at any time. Access to the Student by the ESP must be with the Customer using MindFeedr at at all times –this is a Safeguarding measure.

6.2       in the event that a Customer and ESP mutually decide to conduct a Lesson in person (not online) MindFeedr strongly recommends the ESP ensures it is not left alone with the Student (child) at any time and MindFeedr does not accept any liability whatsoever for accusation (true or false) of improper conduct towards a Student by an ESP made by a Customer.

6.3        any ESP has any concern regarding Student protection, they agree to contact MindFeedr immediately and in the first instance.

MindFeedr Obligations

7        MindFeedr will;

7.1       from time to time conduct Website maintenance (which may or may not make the Website inaccesible) between the hours of 8pm and 10am whenever practicable.

7.2       not permit any ESP to access the Website who has not fully achieved MindFeedr’s Safeguarding Compliance Standards.

7.3       ensure all MindFeedr employees accessing the Website have achieved the MindFeedr’s Safeguarding Compliance Standards prior to providing access.

7.4       confirm Lesson bookings and/or cancellations to both the Customer and the ESP by email (unless requested not to communicate by email).

7.5       reimburse the Customer in the event that a scheduled Lesson is not attended by the ESP within 10 minutes of its scheduled start time.

7.6       deny payment to the ESP in the event they are not available to commence the Lesson within 10 minutes of the Lesson’s scheduled start time and the Lesson thereafter is not completed in full, which the ESP accepts is fair and reasonable.

7.7       take reasonable measures to protect the information it is provided relating to Customers and Students and shall at all times comply with GDPR legislation.

Video Recorded Lessons

7.8       record all Lessons by video and make recordings available to the Customer and ESP for viewing for up to 28 days.

7.9       permanently delete all recorded Lessons after 28 days unless retained by MindFeedr following a complaint that requires investigation.

ESP Obligations

8        The ESP must;

8.1       always conduct and present themselves professionally to Customers and Students during Lessons and in any subsequent correspondence, including maintaining appropriate dress code,and polite manner.

8.2       never use foul language of any kind including swearing, innuendos, racism, sexist, prejudice of any kind in any correspondence with any Customer or Student.

8.3       be adequately prepared to conduct the Lesson at the start time and for the duration of the Lesson, ensuring their IT equipment is adequately specified and powered with a reliable internet connection for the purpose of video recording.

8.4       possess the necessary stationary,and materials required to complete the Lesson and be free from distractions or interruptions for the duration of the Lesson.

8.5       in the event of losing internet connection during a Lesson, immediately attempt to reconnect with the Customer and will continue to do so for not less than 15 minutes after the connection is lost. Thereafter the Customer may be entitled to a refund for a terminated Lesson and the ESP may be denied payment.

8.6       keep their password to Website private and not share it with any other 3rd party at any time. The ESP’s login is for the exclusive use of the ESP and must not be shared under any circumstance.  Disclosing login details and passwords by an ESP is a breach of MindFeedr’s data protection and Safeguarding rules.

8.7       change their password immediately via the Website in the event that they believe their password has been lost or compromised.

8.8       ensure the it attends the Lesson within 10 minutes of its scheduled start time.  Failure to join the Lesson within this time permits the Customer and MindFeedr to deny payment to the ESP which the ESP agrees is fair and reasonable.

8.9       confirm Lesson bookings at least 24 hours prior to the start of the Lesson to qualify for full payment in the event the Customer cancels the Lesson with less than 24 hours notice.

8.10     notify MindFeedr within 5 working days if any scheduled Lesson is unattended by the Customer and/or Student within 10 minutes of its scheduled start time in order to protect the payment of the Lesson Fee (subject first to ESP having confirmed the booking at least 24 hours prior to the Lesson start time).

8.11     use its own good and professional judgement in providing suitable level of support to Students on a case by case basis. MindFeedr makes no guarantee of any Students ability or effort.

8.12     ensure their personal details and contact information are maintained accurately and up-to-date on the MindFeedr Website in order that MindFeedr can communicate Lesson bookings. MindFeedr shall not be held responsible for any Lesson failures caused by the ESP providing MindFeedr incorrect contact details.

Payment and Fees

9        Payment will be made to the ESP not more than 10 working days after the completion of the Lesson subject only to having not receive any complaint from the Customer regarding the Lesson.

10     The ESP’s Rate will be agreed with the ESP in writing by MindFeedr in advance of Lessons being conducted.

11     The ESP reserves the right to amend its Rate having first given 10 working days notice to do so in writing to MindFeedr which MindFeedr may or may not accept.

12     The ESP's Rate remains the same irrespective of the volume of Lesson bookings it receives.

13     The ESP Rate is the ESP’s gross basicrate (inclusive of benefits and holiday pay and before statutory tax deductions applicable to the ESP).

14     If a Lesson does not take place because a Student does not attend the Lesson within 10 minutes of the scheduled start time the ESP will still be entitled to full payment.

15     If the ESP does not attend the Lesson within 10 mins of its scheduled start time and Lesson does not thereafter take place the ESP will not be entitled to payment.

16     The ESP is entitled to payment if it completes a Lesson that starts more than 10 minutes later than scheduled providing that the ESP still provides the Customer a full Lesson.

17     Should a Lesson fail to occur as a direct result of Website failure, incorrect confirmation or other negligence or omission by MindFeedr or its staff, MindFeedr will provide pay to the ESP 50%of its Lesson Rate.

18     Where an ESP is not trading as a personal service company, MindFeedr may facilitate the ESP to be temporarily employed with MindFeedr’s professional employment organisation (“PEO”) partner who will subsequently apply PAYE statutory deductions to all payments made to the ESP.

19     The ESP must provide MindFeedr (or its nominated PEO partner) with their UK bank details where it wishes to receive payments.

Complaints

20     Upon receipt of a complaint involving the ESP;

20.1     MindFeedr will notify the ESP of the complaint including the date and time of the alleged Incident, the person(s) involved and the nature of the Incident.

20.2     the ESP agrees that MindFeedr may cancel any future Lessons booked between the ESP any Customer at its sole discretion.

20.3      MindFeedr will open an investigation into all reported Incidents and the ESP will cooperate with the investigation by promptly and truthfully responding to any request for information without delay.

20.4     the ESP accepts MindFeedr may (at its sole discretion) share Lesson recordings with any UK law enforcement authority in support of any investigation of any accusation of foul play or inappropriate behaviour.

Breach of Conditions

21     MindFeedr reserves the right to cancel the service with any ESP at its sole discretion (with or without reason) which may or may not be reasonable.  Upon cancellation initiated by MindFeedr, the ESP shall be paid any outstanding monies owed to it by MindFeedr within 5 working days.

22     MindFeedr accepts the ESP is an individual and nothing in this Agreement shall prevent an ESP from taking legal action against the Customer directly with or without the involvement of MindFeedr.

23     This Agreement is governed by English Law under the jurisdiction of the Courts of England.