General Terms

Confidentiality of Student Data.

Fullmind shall maintain the confidentiality of all student records and student data in accordance with all applicable laws, including the Family Educational Rights and Privacy Act.

Compliance With Laws.

Fullmind and the Customer shall comply with all applicable federal, state, and local laws when fulfilling the terms of this Agreement. The Customer shall obtain all consents as required by applicable law.

Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of the Customer if required by another signed agreement, otherwise the laws of the State of the partners primary place of business will control.

Entire Agreement.

All Agreements, along with all accompanying documents, contains the entire and exclusive understanding of the parties and supersedes all oral agreements and prior negotiations.

Severability.

If any provision contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, legality, or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

Modifications Must be in Writing.

All Agreements may not be changed, modified, waived, or amended, except by written instrument, signed by and agreed upon by the persons to be charged with the change.

Disputes.

Any disputes arising from or related to this contract shall be resolved in a court of competent jurisdiction in the State of the partners primary place of business. The parties agree to waive their right to a trial by jury regarding any such disputes.

Policies

• Cancellation Policy:
  • Classes
    • Fullmind requires a minimum of three (3) hours of advanced notice to cancel a class.
    • If Fullmind is not provided three (3) hours advance notice for a cancellation the Fullmind educator will leave a mini lesson that is half the length of the scheduled class and You will be billed for the entire duration.
    • Students are not allowed to cancel classes on their own.
    • Students can access the video recording of their sessions through their Fullmind account.
  • Agreements
    • All agreements/contracts are non-cancellable.  
• Utilization Policy:
  • Hours shall be considered consumed when a class is scheduled, and no cancellations are submitted.
  • All scheduled sessions will be billed (utilized) to the next 30 minute mark. (ie. 45 minute classes will be consumed as 1 hour of service)
• Expiration Policy:
  • Hours shall be consumed during the subscription period outlined in your order form. Unused hours will be lost.
• Overage Policy:
  • Overdrafted hours, or hours and services utilized beyond what was initially purchased shall be billed at the existing contract rate.  Payment for overdrafted hours shall be due Net15 from invoice date.
• Changes to Existing Schedules Policy:
  • Should be limited to no more than once per month to ensure that the highest level of education and continuity of services is provided.
  • Changes can be accommodated on a case by case basis with at least five business days advance notice (e.g. adding students, adding subjects, etc).
• Students With Disabilities Policy:
  • In the event that sessions include Students With Disabilities, that were not previously charged for, Fullmind reserves the right to charge an additional fee per student, per session.
• Content Policy:
  • In the event that content is not provided by the district and Fullmind Educators need to provide the content, Fullmind reserves the right to charge an additional fee per student, per session.
• Accuplacer, Assessments (Pre and Post Testing), Advanced, Advanced Placement, College Level, IB Policy:
  • If accuplacer, additional testing (Pre and Post), or advanced instruction is required, Fullmind reserves the right to charge an additional fee per student, per session.
• Additional Reporting Policy:
  • If reporting is provided beyond attendance and usage for sessions, Fullmind reserves the right to charge an additional fee per student, per session.
• Co-Teaching & Educator Prep Time Policy:
  • Fullmind reserves the right to charge an additional fee per student, per session.
• Interpreters and/or Bilingual Educators Policy:
  • Additional resource for non-English speaking students.  If included, Fullmind reserves the right to charge an additional fee per student, per session.
• Small Group Additional Student Policy:
  • Incremental add-on for students above the session size threshold. If included, Fullmind reserves the right to charge an additional fee per student, per session.
• Restaffing Policy:
  • Customer agrees they will pay another full staffing fee if they request a role be restaffed.

Fees

You will find all the fees specified in the Order Forms. Unless otherwise stated, the fees are based on the services purchased, and payment obligations are non-cancelable. Any fees paid for services rendered are non-refundable, except as otherwise specified herein or in an Order Form.

Invoicing and Payment

To make the payment process as smooth as possible, please provide us with a valid purchase order or alternative document that is acceptable to us. We will invoice you in advance for prepaid services and according to the relevant Order Form. The invoiced charges are due net 30 days from the invoice date, unless otherwise stated in the Order Form.
Please make sure to provide complete and accurate billing and contact information to us and let us know of any changes.

Taxes

Our fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including value-added, sales, use, or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder. If we have the legal obligation to pay or collect Taxes for which you are responsible under this section, we will invoice you, and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for taxes assessable against us based on our income, property, and employees.