Terms of Service

CLIENT RELATIONSHIP

This Agreement is made between:
Think Smart V.O.F. (“Think Smart”) and “The Student”
Think Smart acts as agent on behalf of the Tutor (“Tutor”) and will introduce the Tutor to
the Student (“Student”).

A. Payment

1. Upon confirmation by the Student, or Named Contact, that they agree to proceed with
   the support of the Tutor, the approximate amount of hours per week is discussed.
   Payment is conducted at the end of each month in the form of an invoice. Payment
   should be paid within 10 days of receiving the invoice.

2. Cancellation of lessons is tolerated one time (without payment) within 24h before the
   time set, with a valid excuse. The second and consequential cancellations within 24h
   before the set time will incur the full fee for the Lesson as booked.

3. If the Student or Named Contact does not pay an amount due before the date when it
   was due then Think Smart reserves the right to charge a late payment fee of up to €10
   for each e-mail that is sent to the Student or Named Contact with regard to the amount
   owed. Such e-mails will be sent no more often than once each calendar month. Think
   Smart also reserves the right to charge interest on any overdue amount at 8% above
   the European Central Bank base rate.

4. Payments are conducted electronically, each month through an invoice. Cash payments to Think Smart or the Tutor are not accepted under any circumstances instances. Charges incurred through the use of third-party services, including but not limited to‘Stripe’, are not the responsibility of Think Smart. Whilst Think Smart have made all reasonable endeavors to ensure the fees detailed for payment using ‘Stripe’ in this clause are correct, Elite IB are not liable should these fees be subject to alteration by ‘Stripe’.

5. Payments must not be made directly to the Tutor at any time. Doing so may lead to a breach of this agreement and possible termination.

6. Payments made via non-Dutch bank accounts must take into account any international deductions made by the transferring bank/institution. The Student or Named Contact must account for these extra fees on top of the base payment. Think Smart shall not be liable for any transaction fees.

B. Miscellaneous

1. Think Smart reserves the right to request that a Tutor stop arranging Lessons with
   the Student at any time.

2. The Student or Named Contact is not permitted to make private arrangements for
   tuition with a Tutor introduced by Elite IB. Should a Student or Named Contact breach
   this obligation, they, or their Named Contact should the Student not be of legal age, will
   be liable to account to Think Smart for all sums paid to the Tutor without deduction and
   Elite IB shall be entitled to obtain an injunction against them to prevent further breaches.
   This obligation shall continue notwithstanding termination of this agreement.

3. On request, the Student or Named Contact must disclose, to Think Smart, details of
   each Lesson given by the Tutor.

4. Think Smart does not accept any liability for any claims by the Student or Named
   Contact arising out of or related to the carrying out of the tutoring by a Tutor introduced
   by Think Smart.

5. Unless otherwise expressly agreed in writing by a Co-Founders of Think Smart or
   their nominated deputy, these terms and conditions shall prevail over any other terms of
   business or conditions put forward by the Student or Named Contact.

D. Approval

1. Acceptance of our services in the manners outlined as stated herein will be taken to
   represent agreement to these Terms and Conditions.

E. Data Protection

1. Think Smart and the Student or Named Contact shall comply with their respective
   obligations under the Data Protection Laws.

2. Think Smart procure that each of the Tutors introduced to the Student or Named
   Contact by Think Smart shall also comply with their respective obligations under Data
   Protection Laws.

3. For the purposes of this Agreement: “Data Protection Laws” means the General Data
   Protection Regulation 2018, as well as any applicable statutory or regulatory provisions
   and all European Directives and regulations in force from time to time relating to the
   protection and transfer of personal data.

4. The parties agree that in the event of any dispute arising under these terms, the laws
   of The Netherlands shall apply, the courts of European Union are to have sole
   jurisdiction in the event of any dispute between the parties.