RED OAK ACADEMY CONTRACT FOR SERVICES
TERMS, CONDITIONS AND POLICIES
Red Oak Academy (ROA) provides our Internet sites and the content, products and services offered on or through those sites (collectively, the "Services"), to you subject to the following Terms of Service ("TOS"). Your use of the Services in whole or in part constitutes your binding acceptance of these TOS. If you do not agree to these TOS, you should not use the Services nor sign this agreement. Some Services may be subject to additional posted rules, policies and terms.
PAYMENT POLICIES
1. Cost of Services
COST OF ENROLLMENT AND TUITION FOR REGULAR ACADEMIC YEAR:
$50.00 No-refundable Setup fee
$1650.00 Annually - Payable in 10 Monthly Installments. The following conditions apply:
A $50.00 setup fee is required at the time of enrollment.
Tuition in Full or the First Monthly Installment of $165.00 is due when student begins classes or independent study activities. Monthly charges will be made on the same day of each month.
Monthly installments are designed to pay-as-you-go.
There are no refunds for any portion of any month where student performed work, took tests or attended classes. The following month's tuition will be suspended 30 days after the receipt of the ROA withdrawal form.
Grade reports and transcripts will be withheld until all accounts are cleared at withdrawal.
A signed and completed withdrawal form is required 30 days in advance to prevent billing of the next month's tuition. The withdrawal form is located at http://www.redoakacademy.com/startup/withdraw.htm
Families who have paid for the entire year (10 months), will receive a refund equal to the number of months remaining in the Academic year multiplied by $165.00. The number of remaining months is calculated based on the receipt of the ROA Withdrawal Form 30 days in advance.
Red Oak Academy will attempt to terminate billing ASAP for families who are forced to withdraw due to extenuating circumstances. However, any arbitrary failure to provide advanced notice of withdrawal may result in delays in the termination of billing and the delivery of transcripts/report cards.
All refunds will be issued by check only. If conditions are met, a check will be issued for the refund on the 15th of the following month. A ROA withdrawal form must be received before any refund is issued.
COST OF ENROLLMENT AND TUITION FOR SUMMER SCHOOL:
$50.00 None-refundable Setup fee
$165.00 Monthly - Payable in Monthly Installments. The same conditions as regular enrollment apply:
A $50.00 setup fee is required at the time of enrollment.
Monthly Installment of $165.00 is due when student begins classes or independent study activities. Monthly charges will be made on the same day of each month.
Monthly installments are designed to pay-as-you-go.
There are no refunds for any portion of any month where student performed work, took tests or attended classes. The following month's tuition will be suspended 30 days after the receipt of the ROA withdrawal form.
Grade reports and transcripts will be withheld until all accounts are cleared at withdrawal.
A signed and completed withdrawal form is required 30 days in advance to prevent billing of the next month's tuition. The withdrawal form is located at http://www.redoakacademy.com/startup/withdraw.htm
Families who have paid for the entire year (10 months), will receive a refund equal to the number of months remaining in the Academic year multiplied by $165.00. The number of remaining months is calculated based on the receipt of the ROA Withdrawal Form 30 days in advance.
Red Oak Academy will attempt to terminate billing ASAP for families who are forced to withdraw due to extenuating circumstances. However, any arbitrary failure to provide advanced notice of withdrawal may result in delays in the termination of billing and the delivery of transcripts/report cards.
All refunds will be issued by check only. If conditions are met, a check will be issued for the refund on the 15th of the following month. A ROA withdrawal form must be received before any refund is issued.
2. Refund Policy
Red Oak Academy, Inc makes every effort to insure that you are satisfied with our school and services. However, we understand that occasionally circumstances arise that force parents to withdraw from enrollment. If this occurs, we will refund Tuition based on the following limitations:
A. New students who terminate their enrollment within three (3) calendar days of enrollment will receive a full tuition refund. To cancel an enrollment, you must fax or send the ROA withdrawal form to the Red Oak Academy office informing us of your withdrawal.
B. Students who terminate their enrollment after three (3) calendar days must fax or send the ROA withdrawal form to Red Oak Academy. We must receive notification (via fax or mail) within 30 days advance of the bill date in order to cancel enrollment.
C. If tuition has been paid in advance, ROA will refund a pro-rated amount based on the amount of time remaining from the date we receive the ROA withdrawal form.
D. All refunds will be issued by check only.
3. Entire Agreement These TOS, including the policies referred to in these TOS, constitute the entire agreement between you and ROA and govern your use of the Services, superceding any prior agreements between you and ROA. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other ROA services, affiliate services, third-party content or third-party software. These TOS cannot be changed or terminated orally. Notice. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Services or delivering them to you through email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting the General Counsel, Red Oak Academy, Inc, 5480 La Sierra Drive, Dallas, Texas 75231. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
4. Assignment You agree that the TOS may be automatically assigned, in whole or in part, by ROA or its affiliate to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, in whole or in part.
5.
Limitation of Liability
IN NO EVENT SHALL ANY ROA PARTY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY,
UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE
USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL,
INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR
PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT
FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF SUCH ROA PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
BY USING THE SERVICES, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY
MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH SUCH SERVICES.
IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF
ANY ROA PARTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND
EXCEED ONE HUNDRED DOLLARS ($100.00). Notwithstanding any claim that a sole or
exclusive remedy which is provided in this agreement may or does fail of its
essential purpose, you specifically acknowledge and agree that your sole and
exclusive remedy for any loss or damage shall be to have ROA, upon written
notice from you to us, attempt to repair, correct or replace any deficient
Service and, if repair, correction or replacement is not reasonably commercially
practicable for ROA, in its sole discretion, to refund any monies actually paid
by you for the Service involved and to terminate and discontinue your use of the
Services.
6. Choice of Law and Forum. The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of Delaware, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in Delaware, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.
7. No Third Party Beneficiaries You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement. Waiver and Severability of Terms. The failure of ROA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
8. Violations ROA respects your educational property rights. If you believe that your student's educational welfare has been jeopardized in some way, we ask that you bring service problems to our attention, but California residents may also choose to contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs, at 400 R Street, Sacramento, California 95814 or (800) 952-5210.
9. Description of Service
Please Note: In all of the following options, families who elect to pay an additional fee to have all of their student(s) work graded by Red Oak Academy Grading Staff, all references to parent grading and grade entry to the Red Oak Academy online gradebook by parents are understood to be executed by Red Oak Academy Grading Staff.
Option A (Live Class Participation)
Students receive a written daily schedule and begin to attend live classes and receive online activities immediately (before textbooks arrive).
Students are given contact information to reach their instructors during the school day.
Parents receive access to online answer keys, weekly and unit tests and their answers, as well - to assist students in executing "homework" assignments and to prepare for tests.
Teachers grade all assignments made in class, weekly and unit exams and post grades to the online gradebook.
Quarterly exams are timed and administered by Red Oak Academy grading staff, online. Once completed, exam scores are entered into the electronic grade book to complete the quarterly grade average for each course. They are also made available for parents’ inspection and they are transferred to the students’ permanent record folders.
Parents and Students are given full access to the program features and may challenge any course by "testing out" for full course credit.
Option B (Independent Study):
Students receive a written daily schedule showing exactly when to begin and end each subject.
Students are given contact information to reach instructors at anytime during the school day for assistance in executing independent study assignments.
Students receive access to assignment pages (syllabuses) for all of their courses which describe exactly what to read and exactly what to write from each textbook - each day.
Parents receive access to online answer keys, weekly and unit tests and their answers, as well.
Parents grade all work and record grades to an electronic grade book.
At the end of each 10-week grading period, hardcopies of students' written assignments and parent's grade sheets are sent by mail to ROA for recording to student's transcript. (Note: parents have the option of recording their daily and weekly grades electronically on the Red Oak Academy e-learning server).
Quarterly exams are timed and administered by Red Oak Academy grading staff, online. Once completed, exam scores are entered into the electronic grade book to complete the quarterly grade average for each course. They are also made available for parents’ inspection and they are transferred to the students’ permanent record folders.
Parents may still consult with online teachers and staff for assistance on grading students' work or any other issues, if needed. Students may still challenge and "test out" of any course for full course credit.
Option C (Combined Live Class Participation and Independent Study)
Students receive a written daily schedule which clearly shows live classes and independent study periods. Live class access is established immediately (before textbooks arrive).
Parents receive access to online answer keys, weekly and unit tests and test answers, as well. Parents are assigned to grade independent study assignments and shown how to record their grades in the Red Oak Academy online grade book.
Students are given contact information to reach their instructors during the school day.
Live class teachers record their grades into the Red Oak Academy online grade book.
Parents receive access to online answer keys, weekly and unit tests and test answers, as well. Parents receive instructions on how to grade independent study assignments and how to record their grades in the Red Oak Academy online grade book.
In live teacher-led courses, parents grade daily work assignments and Red Oak Academy teachers award grades for weekly quizzes and in-class participation, grades are recorded collaboratively, whereby parents' grades and teacher's grades are distinguished by color coded entries into the online grade book but averaged together (automatically) to create a composite score for the quarter.
Quarterly exams are administered and timed by Red Oak Academy grading staff, online. Once completed, exam scores are entered into the electronic grade book to complete the quarterly grade average for each course. They are thereby made available (electronically) for parents’ online inspection and they are transferred by hand to the students’ permanent record folders.
Parents and Students are given full access to the program features and students may challenge any course by "testing out" for full course credit.
A passing score of 70 is required for credit to be awarded. Students who do not present a 70 or above on any course taken at Red Oak Academy or from any other institution will be required to repeat the course. Red Oak Academy maintains permanent academic record folders for all students. Quarterly grade averages are recorded to the permanent record folders and transcripts of student grades and performance are available to parents, at any time.
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10. Student Responsibilities
Daily:1. Login on the website every day.Weekly:
2. Logout on the website everyday.
3. Contact online teachers every day.
3. Save all written work in folders.
1. Keep weekly online meetings with instructors.Quarterly:
2. Email a brief summary of what you did for the week to frank@roaschool.com
1. Student in grades 4-11 must read one book approved by online instructor and submit book report using approved book report format.
2. Submit all written work by fax or U.S. Mail hard copy to Red Oak Academy 5480 La Sierra Dr. Dallas, TX 75231 – Fax: (214) 889-5068 be sure to keep copies for your record.
3. Request review materials from instructors for Quarterly exams
4. Take Quarterly Exams in the 10th week (be sure to save hard copies of all of your answer sheets).
11. Parent Responsibilities
Daily
1. Make sure student is awake and ready for school every day.Weekly
2. Make sure student has executed daily login procedure on the STUDENTS page.
3. Make sure student logs out - every day.
4. Make sure daily assignments in each subject have been completed.
5. Make sure each assignment is performed each day and presented to you for grading.
1. Review graded assignments with your studentQuarterly
2. Make sure student keeps weekly appointments with instructors.
3. Grade all daily assignments unless you have made arrangements for Red Oak Academy to grade your student's work.
5. Administer and grade all weekly or unit tests .
6. Communicate with Red Oak instructors on a regular basis using any of the Instant Messenger programs.
1. Arrange to receive reviews for each subject for quarterly exams.
2. Request exam passwords from online instructors in each subject.
3. Make sure your student is ready for quarterly exams before taking them.
4. Proctor (supervise) the taking of quarterly exams in the time prescribed (usually two hours).
5. Mail hard copy originals of all student work and your grade book to Red Oak Academy's central office (retain copies for yourself).
6. Confirm by telephone or Instant Messenger that written work, grade sheets and all exams have been received by Received by Red Oak Academy's central office staff.
7. Request hard copy report card from Red Oak Academy's central office, if needed (the online grade book is always at your disposal).
12. Restrictions on Use: You may not use Red Oak Academy or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use Red Oak Academy solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
13. Severability: If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.