Terms of Service

Use of our service by Clients (organizations, students and parents/guardians) is subject to the legally binding terms and conditions specified herein. Carefully read the following terms and conditions before accessing or using our service. Use of our service acknowledges an understanding and acceptance of and agreement to the following terms and conditions.

The following terms and conditions form a binding agreement between Client and Diarmuid Inc (DBA Great Leaps). Diarmuid reserves the right to alter these terms and conditions and may do so at any time without advance notice. The continued use of our services after any change means Client has acknowledged, understood, and accepted the changed terms and conditions.

1. FEES AND PAYMENT

Diarmuid, Inc. controls the billing and collection process. Client will pay for each month of service in advance by credit card or other approved payment method. Diarmuid Inc. and Client will agree in advance to the billing rate. Diarmuid, Inc will calculate, bill, and collect fees at the agreed upon billing rate.

2. CANCELLATION POLICY

Client may cancel a session without charge by providing notice at least 24 hours in advance of the designated session start time and rescheduling the session with the designated Tutor. Client can reschedule no more than 3 times per month. Cancellation made without notice at least 24 hours in advance of the designated start time shall be considered a “late cancellation.” In the event of a late cancellation, the Tutor and Diarmuid Inc shall not be responsible for making up that session. Diarmuid or Tutor may also cancel a session. In this event a makeup session will be scheduled with Client for a later date/time within that week.

3. LATE ARRIVAL AND NO-SHOW POLICY

There will be no rescheduling or discount allotted for late arrival. If Client shows up to the session late but within five (5) minutes of the designated start time, the session will be held for the remainder of the time reserved. A Client is considered a “no-show” if he/she fails to show up to the session within five (5) minutes of the designated start time. If the Client is over five (5) minutes late, the session will be treated as a “late cancellation” and the session will not be made up.

4. VACATIONS AND PAUSING SUBSCRIPTION

Client may “Pause” their subscription at any time with a 48 hour notice. They must provide the date that the “Pause” in their subscription will begin, and the return date to both the tutor and Tutoring Coordinator of Great Leaps. If both parties are not notified in the appropriate time, Client is not entitled to makeup sessions. If the pause is beyond a 2 week (or 10 session) period, the Client is not entitled to their previous session times and will be charged a $15 rescheduling fee upon Client’s return.

5. MONEY BACK GUARANTEE

The Guarantee

If after two months of instruction with fidelity, the student (ages 8+) is not gaining one year per year or more in their instructional reading level based on our internal grade level measures of the Great Leaps stories* and you are dissatisfied with the program, you can request and receive a full refund from Diarmuid Inc.

Requirements

1. The student must attend at least 36 sessions out of 40 within the 2 month period.
2. This applies to children ages 8 and older.
3. This is only for students enrolled in Great Leaps Reading Tutoring with our trained Tutors.

6. USE OF STUDENT DATA

Diarmuid maintains the right to use anonymous student data for research, product development and marketing. Express parent permission is still required for marketing use of the data when including personally identifiable information such as a students name, state, grade etc..

7. NON-SOLICITATION

Client agrees that he/she will not solicit any Tutors of Diarmuid Inc to work for his/her own or any other personal or business ventures. Client agrees that during the period of contract and for a period of one (1) year immediately after termination of this agreement with Diarmuid Inc, Client will not, either directly or indirectly for himself/herself or for any other person, family or business, call upon, solicit, divert, or take away, or attempt to solicit, divert or take away any of the Tutors, business, or partners of Diarmuid Inc with whom Client has become acquainted during or after Client’s contract with Diarmuid Inc.

8. LIMITATION OF LIABILITY AND INDEMNITY

In no event will Diarmuid Inc be liable for any direct or indirect damages arising out of access to or use of its tutoring services beyond its service fee received from Client. As a condition of use of this service, Client agrees to indemnify Diarmuid Inc from and against any and all liabilities, expenses (including legal fees) and damages arising out of or related to the carrying out of the tutoring by a Tutor introduced by Diarmuid Inc. Diarmuid Inc requires the client maintains supervision of students during any interaction with the Tutor. Any non-organizational clients may request a new Tutor at any time. For Client and Tutor protection, Diarmuid Inc. records all video sessions on the platform and stores them for 6 months.

9. NO WARRANTIES

Diarmuid Inc makes no promises or warranties with regards to a Client’s performance as a result of any tutoring provided.

10. MODIFICATION

This Agreement may not be modified except by amendment reduced to writing and signed by both Diarmuid Inc and Client. No waiver of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach thereof.

11. ENTIRE AGREEMENT

This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged.

12. SEVERABILITY

If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.

13. HEADINGS

Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.

14. ADDITIONAL ACKNOWLEDGMENTS

Both parties acknowledge and agree that: (a) the parties are executing this Agreement voluntarily and without any duress or undue influence; (b) the parties have carefully read this Agreement and have asked any questions needed to understand the terms, consequences, and binding effect of this Agreement and fully understand them; and (c) the parties have sought the advice of an attorney of their respective choice if so desired prior to signing this Agreement.

15. MINORS

Where the Client is a legal minor, the Parent/Guardian shall enter into this tutoring agreement on behalf of the Client and shall accept and agree to all the terms and conditions of the policies contained herein on behalf of the Client.

16. FURTHER DOCUMENTS

If any other provisions or agreements are necessary to enforce the intent of this document, both parties agree to execute such provisions or agreements upon request.

17. EFFECT OF LAW

The Agreement shall be governed by the laws of the State of Florida and applicable federal and local law, and venue for enforcement shall be in Alachua County, Florida. The parties waive any claim, whether asserted by motion or pleading, that Alachua County is an improper or inconvenient venue. This Agreement shall be construed as a whole, according to its fair meaning, and not against the drafter.

18. WAIVER OF JURY TRIAL

Each party to this Agreement waives, to the fullest extent permitted by the law, any right it may have to a trial by jury in respect to any suit, action or proceeding directly or indirectly arising out of, under, or in connection with this Agreement.