Policies And Procedures

KWELLER PREP TERMS OF SERVICES AGREEMENT

By participating in the Kweller Prep Tutoring and Educational Services, Inc. Program (hereinafter: “Kweller Prep”), parents/guardians, and students (hereinafter: “participants”) fully agree to abide by the following Terms of Service (“TOS.”)

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THESE TERMS OF USE WITH A PARENT OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

  1. Payment Methods:

    Kweller Prep accepts payment by cash, check, or credit card. To pay by credit card, please select your program and pay on our website at www.KwellerPrep.com. There is a 3% credit card processing fee that is included in your online signup. This 3% charge will be deducted should you choose to refund this program prior to starting classes. Please read our refund policy in full below before signing up.

    To pay by check, please email us at info@KwellerPrep.com to schedule the check payment. Please do not mail a check. Check payments need to be processed in person.

    To pay in cash, please email us at info@KwellerPrep.com to schedule the in-person cash payment. Kweller Prep offers a 5% cash discount to families who choose not to pay by credit card or check because we will not incur processing fees.

  2. No Refund Policy:

    Kweller Prep Does not offer Refunds after Services Have Started or after Books and Materials Have Been Delivered. Participants cannot request a refund after classes have started. This includes digital delivery. Kweller Prep can deliver all necessary books, materials, and course supplies door-to-door or via electronic means for Zoom Online students. Also, participants cannot replace a student’s seat after classes start.

    Credit: In extenuating circumstances, Kweller Prep will issue a credit for your child’s course minus a $250 restocking fee. Credits are valid for one year after the date of issue. They expire one year after the issue date. For credit, we require proof of extenuating circumstance (medical note) proving your child cannot participate in-person or remotely via Zoom Online.

    Refund Policy Prior to Start of Classes:

    28 days or more before Start Date: Refund minus $250 Seat Restocking Fee + 3% Credit Card Fee

    14 days or more before Start Date: Refund Minus $350 Seat Restocking Fee + 3% Credit Card Fee

    7-days or more before Start Date: No Refund Option.

    Please note that we generally close class registration one week before classes start. Please see the credit option due to extenuating circumstances below.

    Refunds will be issued in the same method in which the original payment was made. If the Participant paid by credit card, the Participant will also be charged an additional 3% of their original transaction. This amount is calculated by Paypal, Kweller Prep’s Credit Card process server, and will vary based on the cost of the Participant’s service.

    Participants who do not attend the Kweller Classes they paid for due to any illness will not receive a refund or credit for days or weeks missed. Refunds will not be issued for changes, withdrawals, or dismissal based on bad behavior.

    Failure to attend class, merely giving notice to the instructor, or stopping participation in our program are not grounds for a refund. Please do not enroll in our program unless you are certain you will attend. In the event of extenuating circumstances, please email us at info@KwellerPrep.com.

  3. No Soliciting Tutors for Private Hire Allowed:

    Participants shall not hire, employ, contract, or retain tutors for private instruction of any kind. Participants cannot text, call, or email tutors outside of the semester or allotted time they previously paid for (i.e., ten hours of private lessons or twenty-one hours of private lessons). Tutors are contractual employees of Kweller Prep. Participants are prohibited from privately hiring Kweller Prep Tutors and will be responsible for any income lost to Kweller Prep should they retain our tutors privately or solicit such employment.

  4. No Defamation: Parties Cannot Defame, Libel, or Slander Kweller Prep’s Reputation on any Online Social Media Platform or Third-Party Platform In Any Way:

    As part of Kweller Prep’s Terms of Service, Participants agree they will not defame, libel, or slander Kweller Prep’s performance, their principals, tutors or methodology, whether verbal or in writing, or otherwise post, publicize or take any action which could reasonably be expected to falsely adversely affect Kweller Prep’s personal or professional reputation on any Social Media Website, Web Portal or Platform. Participants are prohibited contractually from going on the Internet, social media, printed media or in any forum to make defamatory, libelous, or slanderous statements. Participants are prohibited from sharing confidential or private information or our company’s trade secrets. Participants cannot make statements that are libelous, harassing, abusive, obscene, vulgar, sexually explicit, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristics. Participants cannot make statements that are unrelated to the company’s products or services or are clearly false or misleading. Participants cannot publish false or injurious statements that are derogatory of Kweller Prep’s tutors, business, or products. This section is a material consideration for the Parties entering into the said agreement and will be legally enforced to protect our tutors, the company’s work product, and our reputation.

  5. No Sharing of Tutor’s Contact Information Allowed:

    Participants agree to respect our professional boundaries; neither parents nor students can share or pass tutors’ cell phones or emails among friends, family, and school classmates, directly or indirectly, for any private solicitation. Tutors are also bound to noncompetition agreements.

  6. No Partial Payments or Unpaid Seat Reservations:

    Participants must pay their tuition in full before the first day of the start of any program to reserve a seat in our class. Kweller Prep relies on tuition to pay for tutors’ salaries, support staff, books, materials, and overhead. We cannot reserve seats unless payment is made in full. Due to the high demand and small class sizes, Kweller Prep does not offer seat deposits, partial payments, or payment plans. Tuition includes books, materials, supplies, certain snacks and refreshments, and associated taxes. Please do not enroll in our program unless you are certain you will attend.

  7. No Test Performance Guarantee:

    Participants understand that Kweller Prep cannot guarantee results or test scores to Hunter HS, SHSAT Specialized High Schools, ACT, SAT, GMAT, or any College Acceptance or any other Tests or admissions. Kweller Prep cannot provide actual exam dates or guarantee that the exam will take place or be administered. In addition, because test formats may change from year to year, Kweller Prep cannot guarantee that the format or content in your child’s test will remain the same as it was the prior year or as may delineated in Kwller Prep’s books or materials. Kweller Prep cannot guarantee preparedness for any new or surprise experimental exam sections. Should classes commence but the test for which the class you are taking is not administered, or you fail to take the test for any reason, you will not be entitled to any refund of any kind.

  8. No School Acceptance Guarantee:

    Participants expressly acknowledge that Kweller Prep cannot guarantee school acceptances of any kind. Participants further understand that prior success does not guarantee future success in scores or in high school or college admissions.

  9. No Zoom Link Sharing:

    Students and parents agree not to share Kweller Prep Zoom links for class instruction or webinars. Our tutors, instructors, and counselors may also send you links, but they are limited to only intended recipients. Terms of Service include that participants agree they will not share the content, products, services, advertising or other materials which may be provided throughout or program for the limited use of students.

  10. No Sharing Kweller Prep’s Confidential Data:

    Participants agree not to share, sell, copy, scan, digitally or electronically disseminate Kweller Prep Study Materials. This includes an agreement not to scan or digitally transmit copies of Kweller Prep’s Textbooks or Homework Packets. “Proprietary Rights and Goodwill“. Participants acknowledge and agree that all documents, reports, plans, proposals, marketing and sales plans, client lists, client files, trade secrets and any materials or Intellectual Property made or developed by Kweller Prep are the Property of the Company and shall not be used by participants in any way adverse to the Company’s interests. Participants shall not deliver, record or in any way allow such Proprietary Information to be delivered or used by any third party without the specific direction or consent of the Company. Participants also have no right or interest in the goodwill of the Company arising from its dealings with clients and affiliates.

  11. No Stealing Intellectual Property:

    For the purposes of this Agreement, “Intellectual Property” shall mean all domestic and foreign patents, patent applications, trademarks, service marks and other indicia of origin, trademark and service mark registrations and applications for registrations thereof, copyrights, copyright registrations and applications for registration thereof, Internet domain names and universal resource locators, resources, books, methodology, trade secrets, inventions (whether or not patentable), invention disclosures, moral and economic rights of authors and inventors (however denominated), technical data, client lists, corporate and business names, trade names, trade dress, brand names, know-how, show-how, maskworks, formulae, methods (whether or not patentable), designs, processes, procedures, technology, source codes, object codes, computer software programs, databases, data collectors and other proprietary information or material of any type, whether written or unwritten (and all goodwill associated with, and all derivatives, improvements and refinements of, any of the foregoing).”

  12. No indemnification Waiver:

    Participants agree to indemnify and hold harmless the Company and its affiliates, and their respective directors, officers, employees, agents and licensors (collectively, “Indemnified Parties”), from any claims, actions, costs, liabilities, expenses and damages, including reasonable attorneys’ fees and expenses, made against such Indemnified Parties by any third party due to or arising out of Participant’s use of the Site, Participants violation of these Terms of Use, or Participants violation of any rights of another user.

  13. Photo and Video Waiver:

    Participants grant permission to Kweller Prep, its agents, and its employees the irrevocable and unrestricted right to produce photographs and video taken of participants while at Kweller Prep for any lawful purpose, including publication, promotion, illustration, advertising, trade, or historical archive in any manner or in any medium by Kweller Prep. Participants release Kweller Prep and its legal representatives from liability for any violation or claims relating to said images or video.

    Furthermore, participants grant permission to use the statements of children and/or family members given during an interview or evaluation with or without their name for the purpose of advertising and publicity without restriction. Participants waive their rights, their children’s rights, and their family’s rights to any and all compensation stemming from using these materials. If participants do not agree to the photo and video waiver, we will honor your request. Please send this refusal in writing along with your child’s name to info@KwellerPrep.com prior to enrolling or prior to your child’s start date in our program.

  14. Entire Agreement:

    Except as otherwise provided herein, these terms and conditions contain the Entire Agreement and understanding of the parties relating to the subject matter hereof. It merges and supersedes all prior and contemporaneous discussions, agreements and understandings of every nature relating subject matter hereof. This Release may not be changed or modified except if in writing signed by each of the parties.

  15. Dispute Resolution, Damages and Governing Law:

    This Agreement shall be governed by and enforced by the laws of New York. The parties agree that any claim, dispute or controversy arising out of, or relating to, this agreement, or the breach thereof, shall be resolved through final and binding Arbitration to be administrated by (“NAM”) National Arbitration and Mediation and governed by NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time such claim is filed. Any award of the Arbitrator is final and binding and may be entered as a judgment in any court having jurisdiction. The Participants Award shall be capped and limited to the monies paid by Participants to Kweller Prep.

  16. Kweller Prep’s Website Terms of Use:

    Kweller Prep Tutoring and Educational Services (“Kweller Prep”), is providing families with this site and its related applications and services (collectively, the “Site”). Participants’ use of the Site is subject to all terms and policies posted on this Site (including the Privacy Statement, collectively referred to as the “Terms of Use”). It is important to us that the Site provides you with a helpful and reliable experience. To protect our rights and yours, we have prepared these Terms of Use, which apply to all Site users. If you have any questions concerning the Terms of Use, please contact us at info@KwellerPrep.com or call us at 1(800) 631-1757.

Kweller Prep’s Website Terms of Use

Kweller Prep Tutoring and Educational Services (“Kweller Prep”), is providing families with this site and its related applications and services (collectively, the “Site”). Participants’ use of the Site is subject to all terms and policies posted on this Site (including the Privacy Statement, collectively referred to as the “Terms of Use”).

It is important to us that the Site provides you with a helpful and reliable experience. To protect our rights and yours, we have prepared these Terms of Use, which apply to all users of the Site. If you have any questions concerning the Terms of Use, please contact us at info@KwellerPrep.com or call us at 1(800) 631-1757.

Disclaimer: Kweller Prep Programs are not refundable. Read our policies and procedures here.