Student Operational Policy

This Student Operational Policy (Student Policy) is set by Prima Application Software Incorporated d/b/a Prima Tutor Connect d/b/a Prima (the Company or Prima) to serve as operating instructions for student(s)/user(s), or guardian, as applicable (“Student”) usage of the Prima Tutor Connect site/platform (“Platform”). The Platform shall operate under certain terms and conditions that this Student Operational Policy addresses for students to use the platform effectively.

Student Options

Students may choose their tutors among the options offered on the Platform which includes:

Subject based lessons (e.g., Math)

Exam prep-based lessons (e.g., AP Statistics)

Student is free to choose only the lessons themselves or, if the Tutor has made the option available, can choose to add on tutor prep time according to the lesson and tutor selected:

Lesson: the time the tutor and Student are in session and for which Student pays a fee in advance (“Lesson Fee”)

Prep Time: the time that tutor will take to prepare for the lessons by drafting and/or grading quizzes, preparing certain materials, etc. and for which a Student pays a fee in advance (“Prep Time Fee”)

Student Obligations and Guidelines

1. Payment in Advance: Student understands and agrees that he or she is responsible to pay fees as designated by Tutor plus Prima’s Service Fee for tutoring services through the Platform in advance of the lessons scheduled on the Platform. In order to participate on the Platform, Student understands and agrees to authorize their bank account, debit card, credit card, or any other payment method provided (“Payment Method”) for use to pay all fees due and that the Payment Method may be charged automatically and on a recurrent/recurring basis. Additional details are available in the terms of use and agreement for authorization of payment to which Student agrees in order to utilize the Platform.

Students will be charged in advance for all lessons booked by the Student or scheduled on the Prima Tutor Connect platform by the Tutor (all lessons must be scheduled on the Platform as a condition of Tutor’s use of the platform). Lessons are composed of the Tutor’s Fee (“Lesson Fee” + “Prep Time Fee”, if Tutor chooses to offer Prep Time or if Student chooses to purchase Prep Time), and a percentage that is Prima’s service fee (“Service Fee”).

If the Student decides to change the tutor before the lesson took place, either because the tutor has not contacted the Student or for any other reasons, the Student can make a request to credit the purchase of the Lesson Fee payment towards the Student’s account or for a refund of the Lesson Fee by contacting us at admin@primatutorconnect.com. The request for credit or refund of the Lesson Fee can be made only before the lesson took place, and it does not include circumstances where the cancellation policy applies. The Student understands that the Service Fee is non-refundable.

2. Prima’s Service Fee: Student understands and agrees that in order to gain access to the Platform, in addition to the amounts paid to the tutor, Student must pay a non-refundable service fee to Prima. Service Fee is a percentage rounded to the next whole number in increments of 5 (five) of the amount charged by tutor for lesson(s), and Prep Time if applicable, (“Service Fee”). The Service Fee is subject to change in Prima’s discretion at any time.

The amount of the Service Fee (which is subject to change in Prima’s full discretion at any time) is, currently, as follows:

For subject-based lessons:

25% of the Lesson Fee* plus an additional amount to round to the next whole number in increments of 5 (five)

20% of Prep Time Fee plus an additional amount to round to the next whole number in increments of 5 (five)

For exams-based lessons

25% of Lesson Fee plus an additional amount to round to the next whole number in increments of 5 (five)

20% of Prep Time Fee plus an additional amount to round to the next whole number in increments of 5 (five)

*All Service Fees are based on what tutors are charging for lesson, and Prep Time if applicable. Prima does not deduct anything from what tutors want to get paid for each lesson whether it is subject or exam lesson and Prep Time. Service Fees are charged on top of and as a percentage rounded to the next whole number in increments of 5 (five) of the amount charged by tutor for lesson(s), and Prep Time, and reflected on the Platform at the time of purchase. If Student purchases a package at a discounted rate, the Service Fee will be applied to that discounted rate, however the Service Fee percentage will not be discounted. The Service Fee is nonrefundable, regardless of whether the lesson took place in any other circumstance(s). The Service Fee is applied to each purchase for subject based lesson, and/or exam-based lesson, and for all prep time purchased.

If Student has purchased a package of lessons for a tutor and the tutor is no longer available to use the Platform, Student can apply the credit remaining in his or her account towards the purchase of other lessons corresponding to other tutors’ fees. Student understands and agrees that his or her payment method on file will be automatically charged for the lesson fee(s), the prep time fee(s), the Service Fee(s), and any other fees associated with the use of the Platform. Student understands and agrees that the Service Fee will be included in the amounts that Student pays each time the Student makes a purchase on the Platform. Additional details are available in the terms of use and agreement for authorization of payment.

Pricing on the Platform is simple: Tutors decide at what price they will offer their services. The Platform then displays the total amount that includes the price charged by Tutors plus Prima’s Service Fee to students who may wish to purchase.

3. Discounts for Repeating Lessons:When a Student schedules lessons directly on the Platform, Student can purchase 1, 5, 10, or 15 lessons. The Lesson Fee may be discounted based on the number of lessons purchased. The Student may also include payments for Prep Time Fees if Tutor offers Prep Time or if Student wishes to add Prep Time, which are not subject to discount at this time. The common/default discount for Lesson Fee purchases is:

1 Lesson - No discount

5 Lessons - 3% off Lesson Fee

10 Lessons - 5% off Lesson Fee

15 Lessons - 7% off Lesson Fee

When a tutor schedules additional lessons for the Student (after they have already had a lesson) discounts may also be available as follows:

1 - 4 Lessons - No discount

5 - 9 Lessons - 3% off Lesson Fee

10 - 14 Lessons - 5% off Lesson Fee

15 Lessons - 7% off Lesson Fee (this is the max that can be booked at a time, to limit how much Prima is charging a Student’s card)

4. Account Credits: Students may, due to refunds or rescheduling, carry an account credit on the Prima Platform. Whenever a Student has account credit, Prima will always use the Student’s account credit first, before charging their card for the balance or other fees dues. This is the same whether the Student buys directly from the tutor or if the tutor schedules additional lessons.

5. Attendance and Cancellation:If Student does not attend a scheduled lesson, the tutor will be paid and Student has no right for a refund or to reschedule the lesson unless excused through the dispute process detailed below. Tutors, in their sole discretion, may have their own cancellation/attendance policy that requires cancellation or rescheduling to occur by a specified time in advance of the scheduled lesson. If the lesson has been cancelled outside of the cancellation window, Student will be charged for the lesson and the tutor will be paid subject to the below dispute procedure.

Tutor is free to set his or her own cancellation policy such as 24 hours, etc. which Tutor can present to students for the agreement in booking lessons. If a student does not cancel within any timeframe established between Tutor and student, for example 24 hours before the lesson starts, Tutor may mark the lesson as Cancellation Policy Applies. Student will forfeit the total fee amount paid, and Tutor will be paid for the lesson time that was not cancelled before the lesson within the cancellation timeframe established by Tutor, subject to the standard process for disputing the completed lesson as set forth below. The Service Fee is nonrefundable, regardless of whether the lesson took place or in any other circumstance(s).

6. Student Confirmation or Dispute Procedure

After a lesson is marked completed or subject to the tutor’s cancellation policy, an email will be sent to the Student informing them of the designation.

After the lesson is marked Completed OR Cancellation Policy Applies an email will be sent to the student:

If lesson was marked: COMPLETED: “Great job on completing your lesson with [tutor name] on [scheduled lesson date/time]. If you have any questions, please log into your account and review the details of your lesson by clicking on “My Schedule”, then click on “Past Lessons”,

If the Cancellation Policy applies: “Your Tutor [name] marked the lesson [date/time] as canceled due to Tutor’s Cancellation Policy. This lesson has been deducted from your account. If you have any questions, please log into your account and review the details of your lesson by clicking on “My Schedule”, then click on “Past Lessons”. Please cancel any future lesson within the cancellation timeframe established for your tutor. You have 5 calendar days from the time of this e-mail – US Pacific Standard Time, to dispute the cancellation, payment, or any other issues associated with this lesson.”

The Student has 5 (five) calendar days from the time the lesson is marked “Completed” or “Cancellation Policy Applies” to dispute the status by logging into their account, clicking on “My Schedule”, clicking on “Past Lessons”, clicking on “Report an Issue” for the lesson that they want to dispute, clicking on “Continue to Report an Issue”, filling in the reason for the dispute, and then clicking “Submit Dispute”. After clicking on “Report an Issue” the Student will be encouraged to work directly with the tutor to resolve the issue and will have the option to “Email Tutor.” However, the student may also click to “Continue to Report an Issue” and subsequently “Submit Dispute”, which is important to ensure that Student is filing the dispute within the time of 5 (five) calendar days from the day the lesson was marked “Completed” or “Cancellation Policy Applies”. After clicking “Continue to Report an Issue”, the student must fill in the next form and input a reason for the dispute, and then submit that form by clicking “Submit Dispute”. Only when the “Submit Dispute” is clicked ON a dispute is officially submitted. Importantly, if the student does not click on “Submit Dispute” within 5 (five) calendar days of the lesson being marked “Completed” or “Cancellation Policy Applies”, the issue will be considered resolved, the tutor will be paid, and the student shall have no further option to dispute or seek refund or credit as the amount paid shall be fully non-refundable and not subject to credit.

When the dispute is submitted, a notification will be sent to the tutor and Prima, alerting them of the submitted dispute and the reason inputted by the Student. Also, if the Student clicks on “Submit Dispute” and Student fills the dispute form, tutor will be notified via e-mail of student name and the reason for the dispute entered by the student. The e-mail prompts tutor to contact Prima to resolve the dispute. Prima will endeavor to communicate with the tutor and Student for purposes of handling the dispute and will address each scenario on a case-by-case basis. As two general rules, however:

If tutor is not responsive to Prima or the Student for purposes of handling the dispute, after 10 (ten) calendar days, tutor’s pay will be forfeited, and Student’s fee for that lesson, and prep time if applicable, will be either refunded or maintained in the Prima account for usage by Student for other lessons. There will be no refunds however for the student’s Service Fee which is a percentage rounded to the next whole number in increments of 5 (five) of the amount charged by tutor for lesson(s), and prep time, and this percentage, rounded to the next whole number in increments of 5 (five), is paid by student to Prima.

If Student is not responsive to Prima or the tutor for purposes of handling the dispute, after 10 (ten) calendar days, the issue will be considered resolved, tutor will be paid, and Student cannot recover any fee or credit for the lesson, and prep time if applicable, that they have disputed. There will be no refunds for the student’s Service Fee which is a percentage rounded to the next whole number in increments of 5 (five) of the amount charged by tutor for lesson(s), and prep time, and this percentage, rounded to the next whole number in increments of 5 (five), is paid by student to Prima.

7. Collegiality and Cooperation

As part of Student’s use of the Platform, Student is expected to conduct themselves with collegiality and cooperation at all times when interacting with tutors, other users, and Prima. This includes the obligation to respond to all communications promptly and respectfully and to ensure that Student maintains a valid method of payment and is in good standing at all times. To the extent Student engages in offensive, derogatory, inappropriate, or illegal conduct, or in breach of Prima’s policies, Terms of Use and Privacy Policy, or Independent Contractor Agreement, access to the Platform and tutors may be immediately revoked among other options available under the law.

8. Tutor's Method of Teaching

By using the Platform, you are hereby acknowledging and agreeing that tutor(s) will provide his or her own format or method of teaching or instruction, such as Zoom, Google Meet, WebEx, or other method(s), and that you understand and agree that Company is not responsible for providing a particular method of teaching or instruction, online, in-person, or otherwise, and is not responsible for any aspect or difficulties that may be encountered with the tutor(s) chosen method of teaching or instruction; You hereby understand and agree that Company is not endorsing or recommending any particular method of teaching or instruction.

9. Disclaimer Regarding Background Screening

All tutors on the Prima platform are required to undergo and pass a candidate background screening based on criteria according to Prima’s discretion in order for the tutor profile(s) to be active on Prima. Although we conduct this background screening process (colloquially known as a “background check”) for tutor candidates, we do not otherwise review and vet the credentials of tutors available on Prima. Therefore, we do not warrant that the background screening is completely thorough or that it guarantees complete safety to students, or guardians, or others. The background screening is limited in its coverage of local, state, federal, and international records, as well as other records. Although we are taking steps to provide users with some level of candidate background screening, students, guardians, or others should not rely on this background screening as the sole tool for ensuring safety of students, guardians, or others. Please see below the extent of the background screening required by Prima.

If a student or guardian, as applicable, wishes to conduct a more comprehensive background screening, the student or guardian must communicate the request to Prima, and the student or guardian is responsible for all costs and fees associated with the more comprehensive background screening, or a repeated background screening.

The following is the tutor candidate background screening process that tutors undergo and pass before their profile is active on the Prima platform:

SSN Trace / Address History Locator
A trace of the provided Social Security Number for given name match and address history. The trace also returns the year and state of issue for the SSN provided (when available), if the SSN is validly issued, and a scan of the Death Master Index File.

County Criminal Records History
A primary source search of the tutor candidate's current county of residence.

Criminal Insight (national)
Includes U.S. criminal and state sex offender records, OFAC, national and international watch lists. Includes validation of any county hits supported by identifiers at the source jurisdiction for the name performed.

The background screening is performed by a third-party professional background screening vendor, Employment Screening Resources, that can be contacted at the information below:

ClearStar
Clear Star, Inc.
www.clearstar.net
1-877-275-7099
connect@clearstar.net

10. Tips

Students may also wish to tip tutors, which is permissible, however, Prima does not solicit tips or direct Students to do so. To the extent tips are paid, they are not paid through the platform and 100% of all tips have to be paid directly to the Tutor, outside the platform.

11. Time Zone

Student understands and agrees that Pacific Standard Time shall be considered for purposes of all transactions and all activities associated with Prima platform.