English by Phone is the only name people need when looking for English instruction. Around the world, individuals and companies have found the service they receive from English by Phone to be best possible.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE. These Terms of Use define the terms by which you may use the English-by-phone.com website (“Website”), and are an agreement between you and ESL English Teacher Online LLC d/b/a “English-by-Phone” (“Company”)(the Company and Website are collectively referenced as “we” or “us”). By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Use, as well as any applicable laws hereunder. You should not use this Website, if you do not agree to these Terms of Use.
We may amend our Terms of Use at any time without notice or in our sole discretion, and any such modifications will apply immediately. You should check this page periodically to ensure you are aware of any changes. The Privacy Policy posted to our Website also forms part of these Terms of Use. We may at any time amend the Privacy Policy or introduce new policies regarding the use of this Website. Any reference to our Terms of Use includes all such policies.
Our Service
Our service offers virtual English classes with native English speakers, which are held by landline telephone, mobile telephone, or Skype and are designed to enable individuals who have previously studied English the opportunity to practice their conversational skills with a qualified instructor.
Our service offers virtual English classes with native English speakers, which are held by landline telephone, mobile telephone, or Skype and are designed to enable individuals who have previously studied English the opportunity to practice their conversational skills with a qualified instructor.
Eligibility to Use Our Website and Our Services
You are only eligible to use our Website and Our Services if you are an adult, who is at least eighteen (18) years of age and if you are fully able and competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use.
You are only eligible to use our Website and Our Services if you are an adult, who is at least eighteen (18) years of age and if you are fully able and competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use.
Service Terms
- Classes
We offer individual classes in twenty-five (25) minute increments, group classes in fifty (50) minute increments, and specialized instruction courses in fifty (50) minute increments. Students will be matched with an instructor based on availability and his or her requirements, and will have the option to change instructors at any time in his or her sole discretion. - Scheduling; Delivery
We work with students to schedule in advance the date and time in which the classes are to be held. In the case of individual classes, instructors will call the student on the agreed upon Skype, mobile, or landline number. If an instructor is unable to reach the student, then he or she will try to reach the student on his or her alternate numbers; provided that, however, classes may only be held on the agreed upon Skype, mobile, or landline number. If the instructor is unable to reach the student within the first ten (10) minutes of the class, then the class will be cancelled at the student’s expense.
In the event that an instructor fails to attend a scheduled class or suffers telephone or computer-related technical difficulties during the scheduled class, then the class will be postponed and rescheduled for a new, mutually convenient date and time. Similarly, in the event of an outage that affects the Skype or mobile phone network, then the class will be postponed and rescheduled for a new, mutually convenient date and time. On the other hand, if the student suffers telephone or computer-related technical difficulties during the scheduled class, or an outage affects the student’s local or regional power or telephone network, then the class will be cancelled at the student’s expense.
Payments
Our current prices for services are posted to the Website and may be modified from time to time at our sole discretion. We typically sell our classes in blocks of eight (8), twelve (12), or twenty (20) hours, but we do offer customized packages upon request. Payments may be made by Paypal, Google checkout, or bank transfer. Payment for a particular class must be received prior to the scheduled date of that class.
Our current prices for services are posted to the Website and may be modified from time to time at our sole discretion. We typically sell our classes in blocks of eight (8), twelve (12), or twenty (20) hours, but we do offer customized packages upon request. Payments may be made by Paypal, Google checkout, or bank transfer. Payment for a particular class must be received prior to the scheduled date of that class.
Refund Policy
In the event that you become dissatisfied with our classes at any time, we always recommend that you try working with a different instructor. If you remain dissatisfied even after working with a new instructor, however, we are happy to refund all unused, amounts that you paid in advance to us for classes that were to take place in the future. We are unable to issue refunds for classes, which were held on dates that took place in the past. If at any time, you require a refund, please contact us at ___________________, providing your name, the previously paid amount, and the refund amount you are requesting. Refund checks will generally be processed within thirty (30) days of our receipt of your request.
In the event that you become dissatisfied with our classes at any time, we always recommend that you try working with a different instructor. If you remain dissatisfied even after working with a new instructor, however, we are happy to refund all unused, amounts that you paid in advance to us for classes that were to take place in the future. We are unable to issue refunds for classes, which were held on dates that took place in the past. If at any time, you require a refund, please contact us at ___________________, providing your name, the previously paid amount, and the refund amount you are requesting. Refund checks will generally be processed within thirty (30) days of our receipt of your request.
Proprietary Information
We agree to keep confidential and not publish or otherwise disclose or use for any purpose the Proprietary Information that you furnish to us. We will protect the Proprietary Information by using at least a reasonable degree of care to prevent the unauthorized use, dissemination, or publication of the Proprietary Information, and will make only the minimum number of copies of any Proprietary Information required to carry out the purpose of this Terms of Use. All proprietary and copyright notices in the original must be affixed to copies or partial copies.
Proprietary Information shall constitute all proprietary, non-public information provided by you to us pursuant to these Terms of Use, including but not limited to the content of your phone calls and emails. “Proprietary Information” does not include any information that the other party can demonstrate by written evidence: (i) is now, or hereafter has become, through no act or failure to act on their parts generally known or available in the public domain; (ii) is known at the time of receiving such information, as evidenced by written records; (iii) is hereafter furnished by a third party as a matter of right and without restriction on disclosure; (iv) is independently developed without any use or access to the Proprietary Information; or (v) is the subject of a written permission to disclose provided by the other party.
We agree to keep confidential and not publish or otherwise disclose or use for any purpose the Proprietary Information that you furnish to us. We will protect the Proprietary Information by using at least a reasonable degree of care to prevent the unauthorized use, dissemination, or publication of the Proprietary Information, and will make only the minimum number of copies of any Proprietary Information required to carry out the purpose of this Terms of Use. All proprietary and copyright notices in the original must be affixed to copies or partial copies.
Proprietary Information shall constitute all proprietary, non-public information provided by you to us pursuant to these Terms of Use, including but not limited to the content of your phone calls and emails. “Proprietary Information” does not include any information that the other party can demonstrate by written evidence: (i) is now, or hereafter has become, through no act or failure to act on their parts generally known or available in the public domain; (ii) is known at the time of receiving such information, as evidenced by written records; (iii) is hereafter furnished by a third party as a matter of right and without restriction on disclosure; (iv) is independently developed without any use or access to the Proprietary Information; or (v) is the subject of a written permission to disclose provided by the other party.
Intellectual Property
We and our licensors retain all right, title, and interest in the intellectual property rights to the text, design files, code, photos, and marks contained on this Website, and in the use of the likenesses in the photographic images posted to this Website.
We and our licensors retain all right, title, and interest in the intellectual property rights to the text, design files, code, photos, and marks contained on this Website, and in the use of the likenesses in the photographic images posted to this Website.
Intellectual Property Infringement Complaints
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:
- Identification of the Intellectual Property
The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed; - Description of Infringed Right
A description of the intellectual property right that you claim has been infringed; - Location of Infringing Item
A description of where the allegedly infringing item is located on the Website; - Contact Information
Your address, telephone number, and email address; and - Statement under Penalty of Perjury
A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.
Operation of Website
We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
- Description of the Incident
The specific sequence of events which generated the incident, and a full description; - Description of Error Message
The exact wording of any error messages, if applicable; and - Description of Discovery of Incident
Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime.
We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software (“Viruses”), but we cannot guarantee that the Website will at all times be free from Viruses. We urge you to use reasonable care in downloading information from the Website. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.
We reserve the right to discontinue operation of the Website for any time for any reason at our sole discretion, and to make modifications to the operation of the Website at any time at our sole discretion.
Specific Prohibited Uses of the Website
Our Website should only be used for lawful purposes by visitors who are seeking English language instruction. We specifically prohibit any unlawful use our registration form or Website, including but not limited to the following: (a) registering large numbers of virtual students with a spambot or other program; (b) posting or submitting to the Website any information in which you impersonate or claim to be any third party; (c) taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network or those of any third party via our Website; (d) using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari); (e) posting or submitting any content that contains Viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or of any computer software, hardware, or telecommunications equipment; (f) deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website; (g) aggregating, copying, or duplicating in any manner any of the software making up part of the Website or any of the content or information available on the Website; (h) using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website; (i) stalking, harassing, or threatening any student, instructor, or visitor to this Website; or (j) collecting or storing personal information about any student, instructor, or visitor of this Website.
We reserve the right (but do not have the obligation) to suspend or terminate visitors who do not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at _______________________.
Our Website should only be used for lawful purposes by visitors who are seeking English language instruction. We specifically prohibit any unlawful use our registration form or Website, including but not limited to the following: (a) registering large numbers of virtual students with a spambot or other program; (b) posting or submitting to the Website any information in which you impersonate or claim to be any third party; (c) taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network or those of any third party via our Website; (d) using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari); (e) posting or submitting any content that contains Viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or of any computer software, hardware, or telecommunications equipment; (f) deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website; (g) aggregating, copying, or duplicating in any manner any of the software making up part of the Website or any of the content or information available on the Website; (h) using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website; (i) stalking, harassing, or threatening any student, instructor, or visitor to this Website; or (j) collecting or storing personal information about any student, instructor, or visitor of this Website.
We reserve the right (but do not have the obligation) to suspend or terminate visitors who do not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at _______________________.
Limitation of Liability; Consequential Damages
You agree that Company and Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website or with our performance of the services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you shall in no event exceed the total amount of fees that you paid to us during the six (6) month period immediately preceding the claim. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
You agree that Company and Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website or with our performance of the services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you shall in no event exceed the total amount of fees that you paid to us during the six (6) month period immediately preceding the claim. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
Warranty; Disclaimer
The use of this Website and the reliance on any information contained herein shall be at your sole risk. We make no warranty that your ability to view the Website will be continuous, uninterrupted, bug-free, error-free, Virus-free, free of defects, or free of technical problems, or that any information will be accurate or complete, nor can we make any warranty that all calls will be clear and free of static or other interference, that the relevant networks will be operational at the time of the call, that calls will not be dropped by the carriers, nor that the power will be functioning in the relevant locations at the time of the call. Likewise, we can make no warranties that our classes will fully meet your needs or expectations. We will, however, use reasonable care to match you with the instructors who will best meet your needs and/or address your educational concerns.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO OUR WEBSITE AND OUR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED.
The use of this Website and the reliance on any information contained herein shall be at your sole risk. We make no warranty that your ability to view the Website will be continuous, uninterrupted, bug-free, error-free, Virus-free, free of defects, or free of technical problems, or that any information will be accurate or complete, nor can we make any warranty that all calls will be clear and free of static or other interference, that the relevant networks will be operational at the time of the call, that calls will not be dropped by the carriers, nor that the power will be functioning in the relevant locations at the time of the call. Likewise, we can make no warranties that our classes will fully meet your needs or expectations. We will, however, use reasonable care to match you with the instructors who will best meet your needs and/or address your educational concerns.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO OUR WEBSITE AND OUR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED.
Indemnification
By using this Website and our services, you agree to indemnify, defend, and hold harmless Company and this Website, our respective licensors, affiliates, officers, employees, independent contractors, representatives, agents, and other visitors against any third party claim arising from or in any way related to your use of this Website or our services, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees.
By using this Website and our services, you agree to indemnify, defend, and hold harmless Company and this Website, our respective licensors, affiliates, officers, employees, independent contractors, representatives, agents, and other visitors against any third party claim arising from or in any way related to your use of this Website or our services, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees.
Miscellaneous
We reserve the right to discontinue this Website and our services at any time in our sole discretion. You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach , nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any paragraph of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that paragraph shall be construed to the extent feasible to render the paragraph enforceable and to give effect to the Parties’ intentions as reflected in the paragraph. If no feasible interpretation would save such paragraph, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and us with respect to the subject matter set forth herein. The paragraph headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.
We reserve the right to discontinue this Website and our services at any time in our sole discretion. You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach , nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any paragraph of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that paragraph shall be construed to the extent feasible to render the paragraph enforceable and to give effect to the Parties’ intentions as reflected in the paragraph. If no feasible interpretation would save such paragraph, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and us with respect to the subject matter set forth herein. The paragraph headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.
Governing Law; Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of State of Nevada, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration in Carson City, NV under the Commercial Rules of the American Arbitration Association by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us or the Website must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.
These Terms of Use shall be governed by and construed in accordance with the laws of State of Nevada, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration in Carson City, NV under the Commercial Rules of the American Arbitration Association by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us or the Website must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.
Contact Us
In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please notify us at the contact information listed below:
Attn.: Patrice Laperrirere, Director
ESL English Teacher Online LLC
1802 N Carson St, Suite 108 -3761
Carson City NEVADA, USA 89701
1-877-616-2545
In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please notify us at the contact information listed below:
Attn.: Patrice Laperrirere, Director
ESL English Teacher Online LLC
1802 N Carson St, Suite 108 -3761
Carson City NEVADA, USA 89701
1-877-616-2545
Comparing the price of classes, english by Phone worked out the most reasonable for individual lessons. i have one to one lessons with my own personal teacher; I never thought that I could afford this kind of intensive traing.
I have had different teachers with English by Phone and every one of them has been completely professional and knowledgeable. Changing teachers also has helped me with understanding the different accents that native English speakers sometimes have.
