THIS SERVICE AGREEMENT is between the Customer-Member and J’Excelle Inc. (“J’Excelle”) (collectively the “Parties”) (the “Agreement”).


WHEREAS J’Excelle is a company that offers tutoring services such as homework help and exam preparation to Canadian beneficiaries and has the training, experience, skills and ability to offer the Services described hereinafter to the Customer-Member;

WHEREAS the Parties agree to put their agreement in writing.


1.1. J’Excelle agrees to provide tutoring services to the Customer-Member on the subjects, at the frequency and location indicated on Page 1 of this Agreement (the “Services”).

1.2. The Services will be rendered by the Tutor designated when filling out the form or by any other Tutor jointly designated by the parties (the “Tutor”). After the first few tutoring sessions, J’Excelle will send a survey to the Customer-Member, in which he or she will evaluate the assigned Tutor. Should the Beneficiary wish to change the assigned Tutor, he/she may make the request in the space provided for this purpose in the aforementioned survey.

1.3. Unless otherwise stipulated, the term “J’Excelle” used in this Contract includes J’Excelle Inc. and the Tutor appointed by the Parties.

2.1. Tutoring Services will commence according to the schedule indicated on Page 1 of the Contract. The Beneficiary may modify this schedule by direct agreement with the assigned Tutor. Any changes must be made directly in the J’Excelle platform.

2.2. Each tutoring session lasts 50 minutes.

3.1. To cancel a tutoring session, the Beneficiary must give at least 48 working hours’ notice to the Tutor, in which case no charge will be incurred. Failing this, the session will be considered used by the Customer-Member and your account will be debited at the session’s scheduled hourly rate.

4.1. The Tutor may cancel a tutoring session by giving the Customer-Member 48 hours’ notice, in which case no charge will be incurred. The Parties shall agree to schedule a replacement session at a mutually convenient time and date.

5.1. Fees are calculated from the time agreed between the parties and no adjustment for time lost due to the late arrival of the Beneficiary can be requested and/or made.

5.2. Any loss of time caused by the Tutor’s lateness must be compensated by extending the session for a period equivalent to the said lateness, as agreed between the Parties. If it is impossible for either party to extend a session on the same day, the lost time will be taken up at the next session, in addition to the normal 50 minutes, or at any other time the parties may agree.

6.1. For the purposes of this agreement, the Customer-Member must pay the sum of $39.99, plus taxes, to open a file and put your request to find a Tutor online.

6.2. In addition, the Customer-Member must pay $119.99 plus tax to become a member. This amount is payable in a single annual installment. This fee provides access to the J’Excelle platform and unlimited tutor searches.

6.3. The Tutor is assigned to the Beneficiary identified on page 1 of the contract and tutoring sessions are not transferable to another person.

6.4. The amounts mentioned in paragraphs 6.1 and 6.2 are payable for each child registered by the Customer-Member.

6.5. Refers to the index published by Statistics Canada or any successor organization on December 31 of each previous year. The index used is the overall “annual average” index for the province of Quebec. In all circumstances, where indexation to the CPI is provided for under the terms of this contract, such indexation shall not be negative.

6.6. At the time of enrolment, the Customer-Member must identify to J’Excelle the amount he or she is willing to pay for each tutoring session required.

6.7. The Tutor’s travel expenses are the responsibility of the Customer-Member and are in addition to the hourly rate payable to the Tutor. If the Tutor travels by public transport, the cost will be that of a return ticket from the local transport company. If the Tutor travels by vehicle, the amount payable will be the kilometers traveled, at the rate established according to the Revenu Québec website “rate of the allowance for the use 2/5 of a vehicle” round trip. If the Tutor has to pay parking fees, these will also be charged to the Customer-Member.

6.8. Payments can be made by Interac transfer, credit card or bank deposit only.

7.1. The Tutor undertakes to prepare the tutoring sessions in advance and to structure them in such a way as to optimize time for the benefit of the Beneficiary.

7.2. J’Excelle undertakes to keep all information concerning the Beneficiary confidential and may only contact other persons involved in the Beneficiary’s education if it has obtained written authorization from the Beneficiary or his/her legal guardian.

7.3. J’Excelle shall at no time be required or obliged to perform any duties or tasks on behalf of the Beneficiary.

7.4. Tutors undergo a thorough selection process before joining the J’Excelle team. J’Excelle undertakes to use its best efforts to assign a Tutor to the Beneficiary who best corresponds to the Beneficiary’s needs and whose fee is in line with the Customer-Member’s requirements.

7.5. In no event and notwithstanding paragraph 1.3 of the Contract, J’Excelle shall in no event be liable for damages caused by the Tutor, including in the event of misconduct or violation of the law by the Tutor or any force majeure or any other cause beyond the direct control of J’Excelle or not arising from the direct fault or omission of J’Excelle.

8.1. The Beneficiary agrees to cooperate with J’Excelle in identifying any academic problems or difficulties for which he or she may have specific tutoring needs. The Beneficiary agrees that projects, exercises and assignments are an integral part of the tutoring service and undertakes to complete such work as requested by the Tutor.

8.2. The Beneficiary may not agree directly with the Assigned Tutor on anything that deviates from this contract. In addition, the Beneficiary may not solicit the Tutor beyond what is provided for in the present contract.

8.3. The Beneficiary may not retain the services of the appointed Tutor directly, without going through J’Excelle.

9.1. J’Excelle makes no promises or guarantees as to the performance and success of the Beneficiary resulting from the tutoring sessions.

10.1. The Contract comes into force on the date of signature by the Parties and is valid for one (1) year. It renews automatically, unless one (1) notice to the contrary is given by the Customer-Member to J’Excelle at least FIFTEEN (15) DAYS before the end of the contract.

10.2. This Agreement may be terminated by either Party at any time by giving notice to the other Party in accordance with the provisions of the Consumer Protection Act1 and the Civil Code of Québec2.

10.3. This contract may be terminated by J’Excelle if the Customer-Member fails to fulfill his or her obligations, in particular the obligation to pay the amounts stipulated in the contract, in accordance with articles 1604 et seq. of the Civil Code of Quebec3. J’Excelle may also terminate this contract for cause, in accordance with the provisions of article 2126 of the Civil Code of Quebec4.

10.4. This contract may be terminated by the Customer-Member at any time, provided that payment has been made for the services received, in accordance with the provisions of articles 2125 and 2129 of the Civil Code of Quebec5.

10.5. For the purposes of this Article, the Parties shall use, as the case may be, one or other of the notices of termination attached hereto as Appendix 2.

11.1. The Contract constitutes the entire and entire agreement between the Parties to the exclusion of any other prior or contemporaneous document, contract or oral promise which may have been made, as part of the discussions which preceded the full execution of the Contract, which the Parties declare to be inadmissible as evidence to modify or affect in any way any of the provisions of the Contract. Any amendment to the Contract or waiver of any right arising therefrom shall be ineffective unless expressly set forth in a writing signed by the Parties.

11.2. The fact that a Party has not insisted on the full performance of one of the undertakings contained in the Contract or has not exercised one of the rights conferred shall not be considered as a waiver for the future of such right or of the full performance of such undertaking. Unless otherwise provided, any waiver by either Party of any of its rights shall be effective only when set forth in writing and such waiver shall be attributable only to the rights and circumstances expressly referred to in such waiver.

11.3. This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada. Any dispute between the Parties concerning the interpretation or application of the Contract, which cannot be settled amicably, will be brought before the courts of the judicial district of Quebec.

11.4. The Parties agree that the Contract may be transmitted by facsimile, e-mail or any other similar form of communication.

11.5. The Parties further agree that duplicate signatures, electronic signatures or similar methods of authentication shall be treated as originals and each Party undertakes to provide the other Party with a copy of the Contract bearing its original signature without delay and upon request.

11.6. The Parties declare that they have carefully read the present Contract and understand the scope of all its terms.