1. INTRODUCTION AND NATURE OF SERVICE

EduQuest operates as a Software as a Service (SaaS) platform that provides tutoring infrastructure, management tools, and educational technology solutions to independent tutors, tutoring companies, and educational institutions ("Tutors").

1.1 Service Model

EduQuest is a technology platform only. We provide the infrastructure, tools, and systems that enable Tutors to manage their tutoring businesses, communicate with learners and parents, deliver educational content, and process payments. The tutoring services themselves are provided solely by the Tutors who use our platform.

1.2 Definitions

• "Platform" or "Services" means the EduQuest software, website, applications, and related systems.
• "Tutor" means any independent tutor, tutoring company, or educational institution that registers for a paid subscription to use our Platform to manage their tutoring operations.
• "Learner" means any student who receives tutoring services from a Tutor through the Platform.
• "Parent" means the legal guardian of a Learner.
• "Subscription Plan" means the pricing tier selected by a Tutor based on their number of learners and required features.
• "Tutor-Learner Relationship" means the direct contractual relationship between a Tutor and their Learners, which is entirely independent of EduQuest.

2. ACCOUNT REGISTRATION AND ELIGIBILITY

2.1 Account Types

EduQuest offers three types of accounts:

• Tutor Accounts: For independent tutors and tutoring businesses who pay subscription fees to use the Platform.
• Learner Accounts: Created and managed by Tutors for their students. Learners access the Platform at the invitation of their Tutor.
• Parent Accounts: Linked to Learner accounts to allow parents to monitor progress.

2.2 Eligibility

To register for a Tutor Account, you must:

• Be at least 18 years of age;
• Be legally capable of entering into binding contracts;
• Provide accurate, current, and complete registration information;
• Maintain and promptly update your account information;
• Be registered as a sole proprietor, company, or other legal entity if required by South African law.

2.3 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your login credentials;
• All activities that occur under your account;
• Notifying us immediately of any unauthorized account access;
• Ensuring that your account information is accurate and current.

2.4 Tutor-Learner Relationship

When a Tutor creates Learner accounts on the Platform, the Tutor confirms that they have obtained all necessary consents from the Learner and their parents/legal guardians, including consent to:

• The collection and processing of the Learner's personal information as described in our Privacy Policy;
• The Learner's use of the Platform in accordance with these Terms;
• The sharing of academic records and progress information with the Tutor and, where applicable, parents.

3. SUBSCRIPTION PLANS AND FEES

3.1 Subscription Plans

EduQuest offers tiered subscription plans for Tutors based on the number of active learners and selected features. Tutors may choose from the following plans:

Plan	Price per Learner/Month	Minimum Learners	Maximum Learners	Features
Starter	R50.00	1	10	Basic reporting, email support, core features
Professional	R45.00	11	30	Advanced reporting, priority support, custom branding
Enterprise	R40.00	31	Unlimited	API access, dedicated account manager, white-label option

3.2 Fee Calculation

Subscription fees are calculated automatically each month based on:

• The Tutor's selected plan;
• The number of active learners associated with the Tutor's account during that billing period;
• Any additional services or features selected.

The system automatically tracks learner counts and generates invoices accordingly.

3.3 Billing and Payment

• Invoices are generated on the first day of each month for the preceding month's usage.
• All fees are payable in South African Rand (ZAR).
• Payment must be received within 7 days of the invoice date.
• Accepted payment methods include EFT, credit/debit card, and other methods as specified.
• Tutors are responsible for all banking fees associated with their payments.

3.4 Late Payments and Suspension

• Late payments will incur interest at a rate of 2% per month, calculated daily and compounded monthly.
• If payment is not received within 14 days of the due date, we may suspend access to the Platform without further notice.
• Reconnection after suspension may incur a reconnection fee of 10% of the outstanding amount.
• Accounts overdue by more than 30 days may be terminated, and all associated data may be permanently deleted.

3.5 Plan Changes

• Tutors may upgrade their plan at any time, with prorated charges applied.
• Downgrades will take effect at the start of the next billing cycle.
• Changes in learner count are automatically reflected in the next invoice.

4. TUTOR RESPONSIBILITIES AND INDEMNITY

4.1 Tutor Independence

Tutors acknowledge and agree that:

• They are independent contractors or businesses, not employees, agents, or partners of EduQuest.
• EduQuest does not supervise, direct, or control the tutoring services provided by Tutors.
• Tutors are solely responsible for all aspects of their tutoring services, including:
• The quality and accuracy of instruction;
• Learner assessment and evaluation;
• Curriculum development and content;
• Compliance with all applicable laws and regulations;
• Their own tax obligations, business registrations, and licenses;
• Their interactions, communications, and agreements with Learners and Parents.

4.2 Tutor Warranties

By using our Platform, Tutors warrant that:

• They possess the necessary qualifications, skills, and experience to provide tutoring services.
• They will comply with all applicable laws, including the Consumer Protection Act, 2008 (CPA), the Protection of Personal Information Act, 2013 (POPIA), and any industry-specific regulations.
• They have obtained and will maintain any required licenses, permits, or registrations.
• They have appropriate liability insurance coverage for their tutoring activities.
• They will conduct appropriate background checks on their employees or contractors as required by law.

4.3 Indemnification

Tutors agree to indemnify, defend, and hold harmless EduQuest, its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• The Tutor's provision of tutoring services;
• Any disputes between the Tutor and their Learners or Parents;
• The Tutor's breach of these Terms;
• The Tutor's violation of any applicable laws or regulations;
• Any negligence, misconduct, or wrongdoing by the Tutor or their personnel;
• Any claims by Learners or Parents regarding the quality, accuracy, or outcomes of tutoring services.

4.4 Limitation of Liability

To the maximum extent permitted by South African law, including the Consumer Protection Act:

• EduQuest provides the Platform on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied.
• EduQuest does not warrant that the Platform will be uninterrupted, error-free, or secure.
• EduQuest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
• EduQuest's total liability to any Tutor, Learner, or Parent shall not exceed the total subscription fees paid by that Tutor in the 12 months preceding the claim.
• EduQuest accepts no liability whatsoever for any damages, losses, or harm arising from a Tutor's provision of tutoring services.

5. LEARNER AND PARENT RESPONSIBILITIES

5.1 Relationship with Tutors

Learners and Parents acknowledge that:

• Their relationship is solely with the Tutor, not with EduQuest.
• EduQuest is not a party to any agreement between a Learner/Parent and a Tutor.
• Any disputes regarding tutoring services, fees, scheduling, or outcomes must be resolved directly with the Tutor.
• EduQuest does not guarantee the quality, suitability, or effectiveness of any Tutor's services.

5.2 Conduct

Learners and Parents agree to:

• Use the Platform only for lawful purposes;
• Provide accurate information when registering;
• Respect the intellectual property rights of Tutors and EduQuest;
• Not engage in any harassment, abuse, or inappropriate behavior toward Tutors or other users;
• Not attempt to bypass the Platform to engage Tutors directly to avoid subscription fees (Tutors who facilitate such conduct may have their accounts terminated).

5.3 Parental Consent

Parents of minor Learners confirm that they have the legal authority to consent to:

• The Learner's use of the Platform;
• The collection and processing of the Learner's personal information as described in our Privacy Policy;
• The sharing of academic records with the Tutor.

6. INTELLECTUAL PROPERTY

6.1 EduQuest Intellectual Property

All intellectual property rights in the Platform, including but not limited to software, code, designs, databases, algorithms, interfaces, logos, and branding, are and shall remain the exclusive property of EduQuest or its licensors. Tutors are granted a limited, non-exclusive, non-transferable, revocable license to use the Platform in accordance with these Terms and their selected subscription plan.

6.2 Tutor Content

Tutors retain ownership of all content they upload to the Platform, including lesson materials, tests, and resources. By uploading such content, Tutors grant EduQuest a worldwide, royalty-free license to host, store, and display that content solely for the purpose of providing the Platform services.

6.3 Learner Content

Learners and Parents retain ownership of their personal information and submitted work. Tutors are responsible for obtaining appropriate permissions to use Learner work for instructional purposes.

6.4 Restrictions

Users may not:

• Copy, modify, reverse engineer, or create derivative works of the Platform;
• Use the Platform to develop a competing service;
• Remove or alter any copyright or proprietary notices;
• Share access credentials with unauthorized users;
• Use the Platform for any illegal or unauthorized purpose.

7. PRIVACY AND DATA PROTECTION

7.1 POPIA Compliance

EduQuest complies with the Protection of Personal Information Act, 2013 (POPIA). Our data collection and processing practices are detailed in our separate Privacy Policy, which is incorporated into these Terms by reference.

7.2 Data Processing

EduQuest acts as a "responsible party" under POPIA for the personal information we collect directly. For personal information collected by Tutors about their Learners, Tutors act as independent responsible parties and are solely responsible for complying with POPIA.

7.3 Security

EduQuest implements reasonable technical and organizational measures to protect personal information. However, no system is perfectly secure, and users acknowledge this inherent risk.

7.4 Data Breach Notification

In the event of a data breach affecting personal information, EduQuest will notify affected users and the Information Regulator as required by POPIA.

8. TERMINATION

8.1 Termination by Tutor

Tutors may terminate their account at any time by providing 30 days' written notice. Subscription fees are non-refundable for the current billing period.

8.2 Termination by EduQuest

EduQuest may terminate or suspend access to the Platform immediately without prior notice for:

• Non-payment of fees;
• Breach of these Terms;
• Violation of applicable laws;
• Fraudulent or abusive conduct;
• Any other reason at our sole discretion.

8.3 Effect of Termination

Upon termination:

• Access to the Platform will be immediately revoked;
• We may delete all associated data after 30 days;
• Outstanding fees remain payable;
• Sections 4 (Indemnity), 6 (Intellectual Property), and 9 (Governing Law) survive termination.

9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from these Terms or the use of the Platform shall be subject to the exclusive jurisdiction of the courts of South Africa.

9.2 Dispute Resolution

Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiations. If negotiations fail, disputes shall be referred to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall be held in Johannesburg, conducted in English, and the arbitrator's decision shall be final and binding.

9.3 Consumer Protection

Nothing in these Terms limits any rights you may have under the Consumer Protection Act, 2008 (CPA). To the extent any provision of these Terms is inconsistent with the CPA, the CPA shall prevail.

10. GENERAL PROVISIONS

10.1 Entire Agreement

These Terms, together with our Privacy Policy and any plan-specific agreements, constitute the entire agreement between you and EduQuest regarding the Platform.

10.2 Amendments

EduQuest reserves the right to modify these Terms at any time. Material changes will be notified via email or through the Platform. Continued use of the Platform after such modifications constitutes acceptance of the updated Terms.

10.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.4 Waiver

Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

10.5 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. EduQuest may assign these Terms without restriction.

10.6 Contact Information

For questions regarding these Terms, please contact us at:

• Email: legal@eduquesttutors.co.za
• Phone: 065 830 7279
• Address: [Your Business Address]