Service Terms and Conditions
1. Definitions
North Star Tutors LLC (hereinafter "North Star Tutors", "We", or the "Company") is a tutoring service offered to its customers and the minors over whom said customers have legal authority (hereinafter the "Clients", "Client", or "You", “Your”) as a flexible and affordable means to access educational support services. North Star Tutors shall conduct its instruction through its virtual classroom which may be accessed through a browser on Your working computer to ensure uninterrupted sessions. The receipt of educational support, music lessons, test-prep, or any other of the service provided by the Company, access to the Company's customer portal and login features, and the ability of the Company to charge You (hereinafter the "Services") shall be governed by these Terms and Conditions (hereinafter the "Terms"). As components of the Services, educational tutoring and test-prep lessons received by You (hereinafter “Tutoring Lessons”) are 1 hour long, and music lessons (hereinafter “Music Lessons”) are 45 minutes long. Collectively Tutoring Lessons and Music Lessons shall be referred to hereinafter as the “Lessons”.
Unless the context of the Terms otherwise clearly requires, references to the plural include the singular, the singular, the plural, and “or” has the inclusive meaning represented by the phrase “and/or.” The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The words “hereof,” “herein,” “hereunder,” “hereinafter,” and similar terms in these Terms refer to the Terms as a whole and not to any particular provision of the Terms. The term “Sections” shall refer to Sections in these Terms unless otherwise provided.
2. Scope of Service
You will connect with the Company through its registered software and online portal accessible through the Company's website at https://www.northstar-tutors.com/login. You must provide your own computer and internet connection, and must create Your own account in order to properly access the Services. The instructional component of the Services shall be provided at the times scheduled either during your onboarding call, based on communications between You and an instructor assigned to their account by the Company, or based on other communications between You and an authorized representative of the Company. Should there be maintenance, upgrade issues, or any other reason that the instruction cannot be performed at the scheduled time, the Company will do its best to notify You within 24 hours of the scheduled start time of the lesson, however, failure to provide such notice shall not constitute a material breach of any obligations of the Company under these Terms. Customer support is available from 10am to 6pm Monday through Friday, except for federal holidays. Customer support may be reached by emailing support@northstar-tutors.com, submitting a ticket at https://support.northstar-tutors.com, or by calling +1 (907) 600-7300.
All program techniques and materials (online and print), content, code, software, data, videos, session transcripts, session recordings, copyrights, trademark rights, and other intellectual and property rights used in or related to the Services are the exclusive property of the Company or its licensors. You agree not to disclose, reproduce, sell, or distribute to any third party any information, written or spoken, including course materials, obtained from the Company in connection with Company Services, and agree to use such information only for your personal, non-commercial use. Without limiting the foregoing, you further agree not to share your online Company password or to otherwise allow any other person to use the Company’s online resources and Services purchased by you. To the extent you need to download software or documentation to access services or materials in connection with the Services, the Company grants you a limited, non-assignable, non-transferable, revocable license to use such services and materials solely for use with your purchased Services and only for your personal, non-commercial use. Such license will terminate when your Services otherwise terminate.
You understand that for certain Company Services, size is limited and, therefore, enrollment is taken on a first-come, first-served basis. You are solely responsible for all telephone, computer hardware, and other equipment and all internet or wireless services required for access to and use of the Services.
The following subscription plans (hereinafter the “Plans” or individually each a “Plan”) are available under the Services:
One Lesson per Week
Two Lessons per Week
Three Lessons per Week
Four Lessons per Week
Five Lessons per Week
Each Plan under which You are receiving Services shall provide You with access to the number of Lessons per calendar week (Sunday through Saturday) specified in the title of the Plan. Custom or modified plans may be negotiated between You and the Company at the sole discretion of the Company. Each student must have their own Plan to access the Services. Lessons under a Plan that You choose to cancel are only available for reschedule within the calendar month in which they were originally scheduled to take place, and only if cancellation notice is sent from You to the Company more than 24 hours before the scheduled start time of the cancelled Lesson. Lesson cancellation notice may be communicated by emailing or calling the instructor assigned to the Lesson, by emailing the Company at support@northstar-tutors.com, or by utilizing the “cancel lesson” button on the Lesson within your account portal. Lessons that are cancelled within 24 hours of their scheduled start time, or that are not shown up to, are considered used under these Terms and are not available for reschedule. Failure to use all of the Lessons made available under a Plan in a given month or failure to reschedule a cancelled Lesson within the month it was originally scheduled to take place does not entitle you to any form of refund or credit. You are solely responsible for communicating with the Company or its instructor to reschedule any cancelled Lessons. Lessons are also available with no commitment on a case-by-case basis. Individual Lessons purchased outside of a Plan shall still be bound by all of these Terms herein that by there nature do not solely apply to a Plan, and Your access to the Services shall be limited to the exclusive timeframe in which the individual Lesson is scheduled. Any free Lessons provided to You by the Company for any reason shall also be fully bound by all of these Terms, and Your acceptance and use of free Lessons shall be considered to be accessing the Services.
3. Privacy Policy
You and all other users of the website and recipients of the Services agree to the Privacy Policy, Terms and Conditions, and Disclaimer for use of the Company’s web platform and Services. These policies are available at any time at https://www.northstar-tutors.com/tos/web. The Company retains the right to modify any of these policies at any time with no notice to You, except where required by law.
4. Billing and Payments.
You hereby agree to pay in full by debit/credit card, ACH withdrawal, or personal check by the first of each month for a Plan to access the Services, for any month in which you intend to utilize the Services. Plans are billed at a flat monthly rate that is provided to You at the time of registration. Your first monthly bill for a Plan may be pro-rated to reflect when Your Plan began within that calendar month. If You receive any promotions offered by the Company providing You with free Lessons with no commitment, Your first bill will be calculated beginning the calendar day before your first non-free Lesson under a Plan. By providing a debit/credit card or bank account information, You authorize the Company to automatically charge your card for any and all Plans for which you have registered at the time any bill for a Plan is due. You may have multiple Plans attached to your account. Each Plan will be calculated and charged separately for each month in which You maintain access to the Services under a given Plan. Any payments that are not received by the due date on the relevant invoice are subject to a $50 late fee and the potential for discontinuation of Services until such payments are made.
Plans may be available at lower prices with minimum commitments. Regardless of billing frequency, if You choose to accept an offer from the Company with an attached commitment, You hereby authorize the Company to continue debit Your card at the frequency set out in the Plan for as long as your minimum commitment lasts.
Checks
Checks must be made payable to “North Star Tutors LLC”. All personal checks must contain your name, whether an individual or a company. If a check is returned for insufficient or uncollected funds, the Company may electronically debit the Client account for the amount of the check. The Company further retains the right to generate a draft or electronically debit Your account for the service fee amount due, as allowed by law. The Company will process all eligible check payments as electronic funds transfers (EFTs). By providing a check as payment, You hereby authorize the Company to make a one-time electronic fund transfer (EFT) from Your checking account that is attached to the check OR to process the payment as a check, at the sole discretion of the Company. You will incur a $30 service fee for any check returned by Your bank for any reason including, but not limited to, insufficient funds.
ACH Payments
ACH Payments are accepted. To use ACH, You must provide an account number and routing number to the Company which the Company may debit for services. By providing Your banking information as a billing method for Company services, You authorize the Company to debit the bank account You provide or for any amount owed for charges arising from Your use of Company services and/or purchase of products from the Company, pursuant to these Terms, until this authorization is revoked. You may amend or cancel this authorization at any time by providing notice to the Company with 30 (thirty) days’ notice. By using Company services or purchasing additional products periodically pursuant to Company Terms, You authorize the Company to debit your bank account periodically. Payments that fall outside of the regular debits authorized in this paragraph will only be debited after Your authorization is obtained.
Any failure on Your part that results in Tutoring Lessons or Music Lessons shorter than the intended length set forth in Section 1 shall be Your sole responsibility, and You will be considered to have used a lesson.
By receiving Services from the Company, You hereby authorize North Star Tutors Inc and its subsidiary North Star Tutors LLC to electronically maintain Your credit card information in Company systems and further authorize North Star Tutors Inc, and its subsidiary North Star Tutors LLC to initiate charges on Your behalf for any Plans for Services for which You have registered, including for the purpose of automatically billing subscription charges under a Plan, reconciling unpaid invoices, and/or settling outstanding balances on Your account.
5. User Content
Any material, information, or communication You upload using our platform or during the course of receiving Services will be treated as non-confidential and non-proprietary. You automatically grant us permission to use the material/information/communication for our use whether for dissemination, quality control, curriculum development, or marketing our services.
The actual sessions will be recorded and archived internally for quality assurance and safety purposes. These recordings are the property of the Company and may be disclosed, in whole or in part, as necessary if the Company, in its sole discretion, believes it to be in the best interest of You, the Company, or any of its employees, subsidiaries, affiliates, partners, or other relevant parties.
6. Prohibited Conduct
You agree that You will not bring any handgun, firearm, knife, mace, or any other weapon that could be perceived as harmful to others to any Company events, Services, and will not brandish such items at any time You are in a Lesson, regardless of whether or not You are licensed to carry the weapon, or otherwise legally allowed to have it in Your possession. In order to utilize any Services, You agree that You will comply with other conditions that the Company may notify You of that in the Company’s opinion are warranted to ensure the safety and comfort of its instructors or students.
You agree that You will treat Company tutors, instructors, and staff members with respect and not use obscenities, make threats, or discuss matters other than those related to the subject in which You are being helped.
The Company may dismiss You from a Lesson and cancel Your Services, including online access to Company Services if you:
have not made sufficient payments to keep Your account up to date (unless the Company has approved a payment plan or exemption for You); or
in the Company’s opinion, are disruptive in the program; or
do not comply with the Company’s Terms and Conditions set out on its website at https://www.northstar-tutors.com/tos/web, these Terms, or other rules and procedures applicable to Company Services or Lessons being provided to You, including as they may change from time to time.
The Company will not refund any amounts or provide any credit where You are dismissed from a program or Your Services are cancelled as set forth above
7. Consent to Record Audio/Video
You hereby consent to the creation, storage, review, and use by the Company, its employees, partners, subcontractors, and associates of audio, video, and photographic recordings of You and Your likeness, as well as that of those minor students in Your care for whom Services will be rendered (hereinafter the “Recordings”) at any time You or those in Your care are receiving Services from the Company. By agreeing to these Terms, You do attest the following:
You understand and acknowledge that You may contact the Company at legal@northstar-tutors.com with any questions as to the meaning of this consent clause and that You are hereby advised not to accept the terms of this consent without understanding fully its meaning and intent. You further understand and acknowledge that this clause is legally binding consent.
You understand and acknowledge that the Company shall have no obligation to inform You when the Recordings are being created and that You or those in Your care may be recorded at all times when You or those in Your care are receiving Services from the Company.
You understand and acknowledge that possible use of the Recordings includes, but is not limited to, performance evaluations, training purposes, Lesson reviews, and investigating allegations of misconduct against an employee, contractor, or student.
You understand and acknowledge that all ownership of the Recordings shall stay with the Company, and the Company maintains the right to transfer, publish, and review the Recordings without providing any notice or receiving any further consent.
You hereby waive all rights to review the Recordings under any circumstances.
You hereby agree to indemnify and hold harmless the Company against all claims of loss or damage resulting from the creation, storage, review, or use of the Recordings.
You hereby consent to the Company storing the Recordings indefinitely, including after You are no longer associated with the Company.
You hereby provide consent to the Company to assign this contract as it sees fit.
This consent is given under and governed by the laws of the State of Delaware. Any claims or disputes resulting from the Recordings or this clause are to be governed by the terms set forth in the section of these Terms entitled “Governing Law.”
Should any clause, section, or element of this clause be found to be unenforceable, that portion shall be modified to best maintain its original meaning, and the remainder of this document shall remain in full force and effect.
8. Modifications of the Service
The Company may add, modify or disable some of the existing features in the online classroom or with any other respect to the Service. The Company reserves the right to change or discontinue the Service from time to time to make room for maintenance procedures or upgrades of the system and/or Services. The Company shall not be held liable for any changes or modifications that may temporarily interrupt the Company's ability to provide the Service.
9. Termination of Service
You may discontinue the Services at any time by contacting support@northstar-tutors.com or submitting a ticket at https://support.northstar-tutors.com. Any Lessons scheduled to begin within 24 hours of the cancellation request will be considered used under the cancellation policy. Refunds are not available for partially used months except when exceptional circumstances exist and only at the Company's sole discretion. If You submit a request for cancellation within 5 days of the end of the billing cycle for a Plan, You may still receive a charge for the next cycle if the account has not yet been closed. In this case, You must contact the Company by emailing finance@northstar-tutors.com and the Company will refund the charge. You may cancel Your account and discontinue the Services if you have not yet registered for a Plan, even if you have received free Lessons from the Company, providing that the Lessons were offered with no commitment. Certain Plans may have a minimum commitment that contractually binds You to pay for the Services under the Plan for a predetermined amount of time. If You have accepted a minimum commitment offer and wish to terminate your account, You may choose to make early payments under the Plan to pay off the minimum commitment and close Your account.
All Plans advertised as a monthly commitment shall have an initial minimum commitment through the month following the starting month of paid Services under the Plan. This minimum commitment will be between one and two full months depending on Your start date. All other Plans shall have commitments as dictated under that plan.
10. LIMITATION OF LIABILITY
THE Company WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE Services, EVEN IF THE Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN THE GUARANTEE SET FORTH BELOW, THE Company DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE Company’s TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE Services WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE Services.
11. Governing Law
These Terms and any claim or dispute arising out of, relating to or in connection with these Terms or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to its conflicts of law principles. The exclusive means of resolving any such claim or dispute shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
12. Force Majeure
The Company shall not be liable for any failure to comply with its obligations to provide Services where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure