This agreement is between Angus Lloyd Associates Inc. (“ALA”) and the user of our services (the “Client”). 

Engagement 

The Client agrees to engage ALA to provide the Client and the student with services consisting of assessment, instruction sessions, consulting, exam readiness, training and such other services as the Client and ALA may agree on from time to time. We can always add more services if you need them, and ALA will be happy to provide these to you. 

Services 

ALA will consult with the Client at the outset of the services for the purposes of performing an assessment and/or placement testing with the student. ALA will develop and implement an instructional plan for the student and complete subsequent follow-up testing or interim progress reporting to keep the Client updated on the student’s progress. 

Instruction sessions with the student are booked on a weekly basis, in advance. ALA offers both online and in person sessions. Subject to teacher availability, a session that is booked online may be changed to in-person and a session booked in-person can be changed to online with 24 hours’ notice in advance by the Client or by ALA. ALA’s schedule is established in September and in July of each year. 

ALA requires at least 24 hours’ advance notice to cancel a teaching session. Sessions cancelled without appropriate notice will be invoiced to the Client. Where a session must be cancelled due to student illness, as much notice as possible is requested. The Client will not be invoiced for a session that is cancelled due to illness but ALA requests that ill students do not enter the building.  

While ALA will make all efforts to maintain a consistent instructor for the student, ALA cannot guarantee a specific instructor. Substitutions may occur due to health, family emergencies, vacations, scheduling preferences or other reasons that may arise. 

Scheduling

ALA will arrange a recurring weekly schedule with the Client. This appointment time will be reserved for the Client for the duration of the academic year or summer term (as appropriate). Appointments are not guaranteed. ALA will make all reasonable efforts to keep all appointments, but in cases of teacher illness or unavailability, ALA reserves the right to cancel the appointment.

Recurring schedules are maintained between September and June of each year with a separate schedule for July and August. ALA's recurring schedule is created anew each year and booked on a first-come, first-served basis.  Appointment days/times are not carried over from one school year to the next. Clients will be contacted in the spring about appointment requests for the following school year.

Pricing 

If teaching sessions are not booked, placement testing will be completed free of charge. Otherwise, placement testing is subject to ALA’s hourly fees which will be invoiced to the Client. Teaching/testing sessions are subject to hourly fees. Interim progress reporting will be provided at no additional cost. 

Assessments are subject to hourly fees for testing time, file preparation and report-writing time. 

Travel time for instructors travelling to the student’s location will be billed to the Client at one half of the hourly fee and any mileage incurred will be billed at the Canada Revenue Agency’s then current Reasonable Per-kilometre Allowance. 

Payment Terms 

Services will be invoiced at the end of each calendar month and will be sent to the Client within five to ten days. Invoices are payable within 15 days of receipt by the Client. Payment may be made by e-transfer, cheque, credit card or by preauthorized payment plan. The Client’s session rate will not change during the term of this agreement but where the Client does not book a session for more than a two-year period, the Client’s session rate is subject to change. 

All amounts referred to in this agreement are in Canadian dollars. Accounts that are more than 30 days past due will be charged interest at a rate of 1% per month. 

Discounts 

Students who attend more than 14 hours of sessions in any month will be eligible for a 10% discount on all fees invoiced in that month which will be reflected in the invoice. An early payment discount of 2% may be applied to an invoice where payment in full is made by cheque or e-transfer and is received by ALA prior to the due date. Any payment made by credit card or preauthorized payment plan is not eligible for the early payment discount. 

Privacy Policy 

ALA will keep all information confidential in accordance with our privacy policy which is available at www.anguslloyd.com/privacy. 

Additional Terms 

This agreement will remain in force and effect until completion of the services. Both parties agree to do everything necessary to ensure that the terms of this agreement take effect. 

All notices, requests, demands or other communications required or permitted by the terms of this agreement will be given in writing and served personally, by confirmed email or by registered mail. 

ALA will not voluntarily or by operation of law assign or otherwise transfer the obligations incurred pursuant to the terms of this agreement without the prior written consent of the Client.. 

Any amendment to this agreement will only be binding if provided in writing signed by each party. 

ALA shall not be liable for any delay or failure to perform under this agreement if such delay or failure is due to any contingency beyond its reasonable control including acts of God, war, explosion, fire, flood, pandemic, civil disturbance, third party internet service disruptions or slowdowns or lawful acts of public authorities which cannot reasonably be foreseen or provided against. 

Notwithstanding any other provision in this agreement or any applicable statutory provisions, ALA shall not be liable to the Client for special, incidental or consequential damages arising directly or indirectly from any breach of this agreement, fundamental or otherwise or from any tortious acts or omissions of its employees or agents and ALA’s liability will be capped at the amount paid or payable by the Client to ALA during the term of this agreement. 

In the event that any of the provisions of this agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable part severed from the remainder of this agreement. 

This agreement shall be construed in accordance with the laws of the province of Ontario.