Payment for Services and Supplies:  All costs for services and materials for the upcoming sessions of tutoring shall be paid in advance by Client to Kōkua Learning, calculated according to the decided upon schedule. Payment is to be made by check or money order payable to Kōkua Learning, mailed to 443 Kaha St. Kailua, HI 96734. All hours that are not used will rollover to the next month, and if tutoring is terminated with a balance of unused hours, remaining hours will be refunded. Any account with an outstanding balance, that is more than 30 days past due, may be transferred to a collection agency or filed as a small claim.

Bounced Checks:  Clients agree to pay a $20 fee for each bounced check.

Material Fee:  If the tutor requests materials for the student, such as books, calendars, or workbooks that are needed for the tutoring, Client will be asked to pre-approve those in advance of their purchase.  Client agrees to pay for the costs of any pre-approved materials.

Cancellation Policy:  If Client needs to cancel a session, please notify the assigned tutor no later than 12 hours prior to the scheduled session.  Failure to do so will result in a billable charge equal to one hour of tutoring. If Client cancels with minimum of 12-hour notice in advance, no charge will be incurred. If the tutor and client make an agreement to abide by different cancellation terms, those terms may supercede this section of the contract.

Failure to Attend Tutoring Session:  If tutor fails to attend an arranged session or is late for more than 30 minutes without giving 12-hour notice, the Client will be compensated one hour of tutoring service at no extra charge.  If the Client fails to attend an arranged session or is late for more than 30 minutes, then the Client will be charged a fee of one hour at the rate the Client is being charged for the sessions.

Refund Policy:  Client understands and agrees that no refund will be granted with the exception stated under the 'Satisfaction Guarantee Policy'

Satisfaction Guarantee Policy:  If the Client is dissatisfied with the Tutor after the first session, Kōkua Learning will assign a second Tutor to the Client and the first hour of the first session that had taken place with the first Tutor will be free of charge.  If the Client is dissatisfied with the second Tutor, Kōkua Learning will assign a third tutor to the Client and the first hour of the first session that had taken place with the second Tutor will be free of charge.  If the Client is again dissatisfied with the second tutor, Kōkua Learning will meet with the Client to discuss their learning needs.

Non-disclosure, Confidentiality & Fiduciary Responsibilities of Kōkua Learning:

Kōkua Learning will hold in fiduciary capacity and will not reveal, communicate or divulge during the period of contract by the Client or thereafter any information, knowledge, data, or client lists to any person, firm or corporation, other than the persons, firms or corporations designated by the Client, which relates to the background, or any other secret or confidential information, knowledge, data, of the Client.

Non-Solicitation of Tutors:

Client agrees that he/she will not solicit any tutors or contractors of Kōkua Learning to work for his/her own or any other personal or business concern.  Client agrees that during the period of contract and for a period of two (2) years immediately after termination of this agreement with Kōkua Learning, Client will not, either directly or indirectly for himself/herself or for any other person, family or business, call upon, solicit, divert, or take away, or attempt to solicit, divert or take away any of the tutors, business or partners of Kōkua Learning with whom Client has become acquainted during or after Client's contract with Kōkua Learning.

Terms of Agreement:

This agreement may be terminated by either party at any time by written notice to the other party hereto.  Such termination may be without cause, for any reason whatsoever, and there shall be no damages to the terminated party, except that all obligations to pay Kōkua Learning created prior to such termination must be satisfied in full.  If the Client has pre-paid for tutoring, the unfulfilled amount can be used for future tutoring or refunded per the Client's wishes. Unless this Agreement is so terminated, it shall continue until all services described herein are completed.