SMARTPREMOTEREMOTE (PTY) LTD – TERMS & POLICIES

1. Definitions

1.1 “Company” means SmartprepRemote (Pty) Ltd, trading as Smartprep and Cape Town Tutors.

1.2 “Client” means any parent, guardian, student, sponsor, institution or entity contracting with the Company.

1.3 “Student” means the learner or student receiving Services.

1.4 “Tutor” means an independent contractor appointed by the Company.

1.5 “Services” include private tutoring, group tutoring, workshops, exam preparation, online courses, academic support and related services.

2. Nature of Services

2.1 The Company acts as an academic services facilitator and does not guarantee academic results, grades, examination outcomes, admissions, or progression.

2.2 Tutors are independent contractors and are not employees, agents or partners of the Company.

2.3 The Company reserves the right to substitute tutors where reasonably necessary.

3. Client Responsibilities

3.1 Clients and Students must:

• (a) arrive on time and prepared for sessions;
• (b) ensure a quiet, safe and appropriate learning environment (for online or in-person sessions);
• (c) provide accurate academic information and requirements;
• (d) treat tutors and Company staff with professionalism and respect.

3.2 Abuse, harassment, inappropriate conduct or repeated disruption may result in suspension or termination of services without refund.

4. Bookings, Fees and Payment

4.1 All Services must be prepaid unless otherwise agreed in writing.

4.2 Fees are quoted exclusive or inclusive of VAT as applicable.

4.3 Payment constitutes acceptance of these Terms.

4.4 Packages are valid only for the period specified and expire automatically thereafter.

5. Cancellations, Late Arrivals and No-Shows

5.1 Cancellations with less than 24 hours’ notice are forfeited.

5.2 Late arrival by a Student does not extend session time.

5.3 Failure to attend a scheduled session constitutes a no-show and is chargeable in full.

6. Refunds and Credits

6.1 Payments for tutoring packages, workshops, subscriptions, and prepaid services are made in advance to secure tutor availability and platform resources. The Company aims to deliver services fairly and professionally in all cases.

6.2 Refunds may be considered on a case-by-case basis, at the Company’s discretion, where there is:

• A material service failure attributable to the Company; or
• Genuine client dissatisfaction that cannot reasonably be resolved through tutor replacement, rescheduling, or service adjustment.

6.3 Where a refund is not deemed appropriate, the Company may issue service credits, which will be the preferred and standard resolution in most situations.

6.4 Credits issued:

• (a) are non-transferable;
• (b) are subject to an expiry date of 12 months;
• (c) may not be redeemed or exchanged for cash;
• (d) may only be used toward services offered by the Company.

6.5 No refunds or credits will be issued where dissatisfaction arises from:

• Missed sessions or late cancellations by the client;
• A change of personal circumstances or preference;
• Academic outcomes dependent on learner effort or engagement.

6.6 Where a refund is granted, the Company reserves the right to:

• Deduct the value of any services already rendered;
• Reverse any discounts, promotions, or preferential pricing applied at the time of purchase; and
• Deduct a 10% administrative and processing fee to cover operational and transaction costs.

6.7 Any chargebacks or payment reversals will result in immediate suspension of services and may restrict future access to the Company’s services.

7. Force Majeure

7.1 The Company is not liable for disruptions caused by load shedding, internet failures, acts of God, strikes, illness, or circumstances beyond reasonable control.

8. Intellectual Property

8.1 All content, materials, recordings, notes, curricula and systems remain the exclusive intellectual property of the Company.

8.2 Recording, sharing, reselling or redistribution without written consent is prohibited.

9. Limitation of Liability

9.1 The Company shall not be liable for indirect, consequential or economic loss.

9.2 Total liability is limited to the value of fees paid for the specific Service giving rise to the claim.

10. Indemnity

Clients indemnify the Company against claims arising from misuse of Services or breach of these Terms.

11. Termination

11.1 The Company may suspend or terminate Services where these Terms are breached.

12. Governing Law

12.1 These Terms are governed by the laws of the Republic of South Africa.

13. Independent Contractor Relationship

13.1 Tutors are independent contractors and not employees of the Company.

13.2 No employment, partnership or agency relationship is created.

14. Professional Conduct and Standards

14.1 Tutors must:

• (a) arrive on time and adequately prepared;
• (b) conduct sessions professionally and ethically;
• (c) follow the Company’s academic and operational guidelines;
• (d) maintain appropriate boundaries with students.

14.2 Repeated lateness, absenteeism, misconduct, or poor performance may result in termination.

15. Payment and Reporting

15.1 Payment is subject to accurate and timely submission of session reports and timesheets.

15.2 The Company may withhold payment where reports are incomplete or inaccurate.

16. Confidentiality and Data Protection

16.1 Tutors must keep all Client, Student and Company information strictly confidential.

16.2 Confidentiality obligations survive termination.

17. Intellectual Property Assignment

17.1 All materials, recordings, lesson plans, notes and derivative works created in the course of Services vest exclusively in the Company.

17.2 Tutors waive any moral or commercial rights in such materials.

18. Non-Solicitation

18.1 Tutors may not solicit, accept or continue private engagements with Company Clients during or after engagement with the Company.

19. Termination

19.1 The Company may terminate Tutor engagement at its discretion.

20. Personal Information Collected

20.1 The Company may collect personal, academic, financial and usage information.

21. Purpose of Processing

21.1 Information is processed for service delivery, compliance, billing, reporting and improvement.

22. Sharing of Information

22.1 Information may be shared with Tutors, service providers, sponsors or regulators where required.

23. Data Security

23.1 Reasonable technical and organisational safeguards are implemented.

24. Data Retention

24.1 Data is retained only as long as necessary for business or legal purposes.

25. Data Subject Rights

25.1 Data subjects may request access, correction or deletion subject to legal obligations.

26. Cookies and Tracking

26.1 Websites may use cookies and analytics tools.

27. Complaints

27.1 Complaints may be directed to the Information Officer at info@smartprep.co.za.

28. Amendments

28.1 The Company may amend these policies from time to time.

29. Entire Agreement

29.1 These Terms constitute the entire agreement between the parties.

30. Severability

30.1 Invalid provisions do not affect the enforceability of remaining provisions.