Terms of Business for the
Provision of Tuition Services
CLIENTS
Preamble
(A) The Company has a network of Tutors in and around London who may be interested in providing Tutoring Services to the Client. The Company is an agent for the introduction of such Tutors and does not provide Tutoring Services.
(B) The Client wishes to be introduced to a suitable Tutor based on the Client’s requirements as communicated to the Company, and is willing to pay the Company.
(C) The Company is willing to identify and propose suitable Tutors and, once the Client confirms they wish to proceed, to formally instruct a Tutor in return for the Life Membership Fee as specified in this agreement.
(D) The Tutoring Services are provided by the Tutor under a separate agreement between the Client and the Tutor.
(E) The Tutor is self-employed and is responsible for the delivery and organisation of the Tutoring Services.
(F) The Company provides the Services in connection with the introduction and administration of Tutoring Services, and may also provide certain additional services, including Academic Assessments and Educational Consultations (together, the “Additional Services”), in accordance with these Terms of Business.
1. DEFINITIONS
1.1. In these Terms of Business the following definitions apply:
“Academic Assessments” means the assessment of a child’s ability in a particular subject or subjects by the Company, charged at an hourly rate as set out in the fees schedule as provided to the Client from time to time.
“Additional Services” means Academic Assessments or Educational Consultations.
“Assignment Period” means the period agreed in writing and notified to the Client, which maybe any of (a) the period of a Term, (b) the period of the remainder of a Term, or (c) such other period, as in each case is agreed with the Company (acting as an agent to the Tutor).
“Client” means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to whom the Tutor is introduced.
“Company” means Hampstead & Frognal Tutors Limited as such may be merged, consolidated, or restructured from time to time.
“Educational Consultations” means telephone or face to face meetings with the Company’s Principal, Mark Taylor, charged at an hourly rate as set out in the Fees Schedule as provided to the Client from time to time.
“Engagement” means any employment or use of the Tutor by the Client on a permanent or temporary basis for services or any other engagement under a Tutoring Contract.
“Expenses” means the reasonable expenses payable to the Tutor in respect of travel or the purchase of educational resources necessary for the performance of the Tutoring Services.
“Fees Schedule” means the fees for all services set out by the Company.
“First Session” means the first Session provided for the Client by the Tutor.
“Hourly Fee” means the hourly fee payable to the Tutor for each hour that the Tutor is booked, including where this may be expressed on the basis of charges for each quarter of an hour or part thereof rounded up to the nearest quarter of an hour.
“Introduction” ” means the formal instruction of a Tutor by the Company following the Client’s confirmation that they wish to proceed with that Tutor, which leads to an Engagement of that Tutor by the Client.
“Life Membership Fee” means the one-off fee payable by a family once the Client has confirmed that they wish to proceed with a proposed Tutor and before the Tutor is formally instructed by the Company. The Life Membership Fee applies once per family and covers all siblings. The Life Membership Fee relates to tutor matching, briefing, safeguarding checks and engagement administration.
“Invoice” means an invoice generated via the Company’s platform (including TutorCruncher) for the Tutor’s fees and any agreed Expenses, issued by or on behalf of the Tutor to the Client via the Company’s platform.
“Registration Form” means the form requested by all new Clients for completion that includes the contact information for the Client and details about the Client’s child.
“Session” means any agreed period in which the Tutor shall provide the Tutoring Services.
“Services” means the organisation and administration services provided by the Company in respect of the Tuition Services provided by the Tutor, including but not limited to scheduling tuition and facilitating payment of fees and agreed Expenses via the Company’s platform, and the provision of professional educational guidance to the Client.
“Term” means the termly periods published from time to time by University College School (UCS) at which UCS pupils attend.
“Term Time Tuition” The Company refers to school term dates as following exactly those of University College School (UCS), Frognal, Hampstead NW3 6XH.
“Tutor” means the individual introduced by the Company to the Client to provide Tutoring Services provided to the Client under the Tutoring Contract.
“Tutoring Contract” means the contract for the provision of the Tutoring Services between the Client and the Tutor.
“Tutoring Services” means the tuition services supplied by the Tutor to the Client.
1.2. Unless the context requires otherwise, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3. The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
1.4. References to clauses mean to clauses contained in these Terms of Business unless the context otherwise requires.
2. THE CONTRACT
2.1. These Terms of Business constitute the contract between the Company and the Client for the supply of the Services by the Company and govern the legal rights and obligations between the Client and the Company.
2.2. Unless otherwise agreed in writing by a director of the Company, these Terms of Business shall prevail over any other Terms of Business or purchase conditions put forward by the Client.
2.3. The Company reserves the right to alter or vary these Terms of Business at any time subject to reasonable notice of any material changes being provided to the Client.
2.4. The Company may amend these Terms from time to time to reflect operational, legal or regulatory changes. The updated Terms will be published on the Company’s website and will apply to all new bookings from the date of publication. Where a change materially affects the rights or obligations of existing Clients, the Company will notify them in advance and the amended Terms will take effect from the notified date.
3. INTRODUCTION TO TUTORS
3.1. The Company provides introductions of Tutors to Clients and vice versa; the Company is an agent for the Tutor. The Company provides a mechanism so that Tutors can invoice clients and receive tutoring fees using the Company’s platform (including TutorCruncher and associated payment services). The Company collects commission fees from the Client also using TutorCruncher. For the avoidance of doubt, the fees payable by the Client for tuition comprise the Tutor’s fee and the Company’s commission (and VAT where applicable to the Company’s commission).
3.2. The Company shall endeavour to ensure the suitability of any Tutor introduced to the Client by only introducing Tutors who have provided a clear Disclosure and Barring Service Check (DBS Check) and who have been deemed suitable by the Company following an interview and the provision of references.
3.3. In order to formally instruct a Tutor, the Company must receive the completed online Registration Form, confirmation of acceptance of these Terms of Business, and the Life Membership Fee in cleared funds. The Life Membership Fee is non-refundable once a Tutor has been formally instructed by the Company, as it covers tutor matching, briefing, safeguarding checks and engagement administration. By requesting that services begin immediately, the Client acknowledges that the statutory 14-day cooling-off period does not apply once performance has begun. This does not affect the Client’s statutory rights, including the right to a refund where the Company has failed to provide the Services with reasonable care and skill.
3.4. Following receipt of (a) the Registration Form signed by the Client agreeing to the Terms of Business and (b) the Life Membership Fee, the Company will formally instruct the Tutor and the Tutor will contact the Client to arrange the First Session. If the Tutor is rejected by the Client, the Company will attempt to propose and, if accepted, formally instruct an alternative Tutor and arrange the First Session with that alternative Tutor without the need for the Client to pay a further Life Membership Fee. If the alternative Tutor is rejected by the Client, the Company shall be under no obligation to propose or instruct a further Tutor and the Life Membership Fee shall not be refunded.
4. TUTORING SERVICES
4.1. By agreeing to enter a Tutoring Contract with the Tutor, the Client agrees to be bound by these Terms and Conditions in respect of the administration of the Tutoring Services. In particular, the Client agrees to the Company collecting fees on behalf of the Tutor and to the restrictions specified at paragraph 7.
4.2. The Tutor is self-employed and engaged by the Client to provide the Tuition Services. The Tutor does not have power to bind the Company in any way.
4.3. For the avoidance of doubt, the Company does not itself provide Tutoring Services, and is not a Tutor. The Company acts as intermediary between the Client and the Tutor. By accepting these terms, the Client acknowledges and agrees that the provision to the Client of Tutoring Services by the Tutor is pursuant to the Tutoring Contract and that the Company accepts the Booking as agent for the Tutor, but is not a party to the Tutoring Contract.
4.4. The Client shall advise the Company of any special health and safety matters about which the Company is required to inform the Tutor in respect of the provision of the Tutoring Services.
5. PAYMENT
5.1. The Client commits to the tutoring arrangement agreed following following the formal instruction of a Tutor, which may include regular weekly Sessions or such other schedule as agreed between the Client and the Tutor for the duration of the Assignment Period.
5.2. The fees will be calculated at a rate agreed in advance between the Tutor and the Client. The Tutor will have the use of TutorCruncher a third party platform, to log lessons and raise invoices to the client at the agreed rate.
5.3. The Client shall ensure that each lesson is correctly logged by checking their tutor invoices.
5.4. Payments of the Tutor’s fees and Expenses are due, by bank transfer on the Platform, within two working days following receipt of the Invoice.
5.5. The Company reserves the right to request the Client’s credit or debit card details. Any credit or debit card details that the Client supplies will be held securely and maybe charged in the event of late or non-payment. As such, the Company reserves the right to take payment for invoices from any payment card we may hold from the Client.
5.6. The Tutor reserves the right to notify the Client regarding any overdue payment due from the Client. The Tutor may choose not to continue to provide the Tutoring Services until the outstanding sum has been paid.
5.7. If any amount of fees remains unpaid after twenty working days after it falls due for payment, the Company shall be entitled to take legal action to recover the debt, together with any interest and costs incurred in doing so.
5.8. Where applicable, the Company shall be entitled to charge interest daily on overdue invoices from the date when payment is due at a rate of 4% per annum above the base rate of HSBC bank from time to time in force.
5.9. All lesson fees must be paid via the Company’s platform. Clients must not make payment directly to Tutors in respect of lessons arranged through the Company unless the Company has expressly agreed otherwise in writing.
5.10. Where fees remain unpaid or are disputed, the Company may liaise with both parties. The Tutor is entitled to pursue the Client directly for unpaid fees relating only to lessons properly recorded and invoiced through the Company’s platform. Any recovery of fees does not affect the Company’s right to its commission on those fees.
6. EXPENSES
6.1. The Client agrees to notify the Company of any Expenses agreed with and/or incurred by the Tutor.
6.2. The Client agrees to be bound by the restrictions at paragraph 7 in respect of the payment of Expenses to the Tutor.
7. RESTRICTIONS
7.1. The Client will not agree to any alternative fees with the Tutor and agrees to make payments for the Tutor’s services via the Company’s platform. The Client is not permitted to enter into any private arrangements with any Tutor introduced by the Company.
7.2. The Client agrees that they shall not engage, instruct, or otherwise make private arrangements for tuition or related educational services with any Tutor introduced by the Company other than through the Company during the period in which tuition is taking place via the Company and for a period of 24 months following the date of the last lesson delivered via the Company.
7.3. Where the Client makes payment directly to a Tutor or otherwise breaches this clause, the Company shall be entitled to invoice the Client for the commission that would have been payable on those lessons, together with a reasonable administrative fee to reflect the additional time and cost incurred in investigating and rectifying the breach. Interest may be charged on overdue sums at a rate of 4% per annum above the HSBC base rate.
8. REPLACEMENT TUTORS
8.1. The Client undertakes to supervise the Tutor sufficiently to ensure the Client’s satisfaction with the Tutor’s standards in the provision of the Tutoring Services. If the Client reasonably considers that the standards of the Tutor are unsatisfactory, the Client may terminate the Assignment either by instructing the Tutor to leave the Assignment immediately (and notifying the Company immediately thereafter), or by directing the Company to remove the Tutor. The Company will not cancel fees for the time worked by that Tutor.
8.2. The Client shall notify the Company as soon as reasonably practicable, and in any event within 24 hours, if the Tutor fails to attend a booked Session or informs the Client directly that they are unable to attend a Session for any reason.
8.3. In the event that a Tutor is instructed to leave an Assignment or is removed by the Company during the Assignment Period, the Company will endeavour to introduce to the Client up to two suitable alternative Tutors to complete the Tutoring Services for the remaining part of the Assignment Period.
9. ADDITIONAL SERVICES
9.1. The Client may request an Educational Consultation with the Company’s Principal, Mark Taylor.
9.2. Academic Assessments for entrance examinations may be requested at any time. An Academic Assessment comprises of a mathematics test, and an English test. These assessments will last approximately one and a half to two hours.
9.3. If requested, Mark Taylor, the Company’s Principal will deliver a telephone report or a written report regarding the results of an Academic Assessment. Written reports will be charged at the rates provided from time to time in the Fees Schedule.
9.4. Any invoice provided to the Client by the Company in respect of the Additional Services shall be payable within two working days of receipt by the Client.
10. RESCHEDULING AND CANCELLATIONS
10.1. The Client may agree with the Tutor to reschedule a Session. The Tutor will notify the client after the introduction of their cancellation charges.
10.2. The Client is responsible for communicating directly with the Tutor regarding any cancellation, rescheduling or change to a Session and for ensuring that such communication is received. The Company may assist with administration, however the Company does not accept responsibility for any loss, charge or dispute arising from a message that is not received or acknowledged by the Tutor. The Company recommends that the Client also records any changes on the Company’s platform or copies the Company into any cancellation or rescheduling communications. For the avoidance of doubt, a Session remains chargeable unless the Tutor has received cancellation within the agreed notice period.
10.3. If the Client cancels a scheduled Session with less than the amount of time required by the Tutor (this can vary from 24 to 48 hours in accordance with the Tutor’s Tutoring Contract), the Client will be liable for the hourly fee for the whole cancelled Session.
10.4. Should the Tutor not be available on a day a Session is scheduled, the Client will be informed, and a re-arranged time may be offered by the Tutor. If a suitable alternative time cannot immediately be arranged, the Company must be immediately informed. The Tutor and the Client may then agree to the Session being rearranged for a future date.
10.5. If a Session falls on a Bank Holiday or other national or religious holiday that either the Tutor or the Client wishes to observe, then an alternative Session must be arranged and the Company must be informed of any new arrangements.
10.6. If the Client’s child is late for a Session, the Tutor may choose to but is not obligated to work beyond the scheduled end time. If the Tutor stops work at the scheduled end time, the Session will be charged at the usual price. If the Tutor agrees to work beyond the scheduled end time at the Client’s request, the Tutor may choose to charge the Client for the additional time. If a Tutor is late for a Session, then it is the duty of the Tutor to arrange to make up the lost time.
10.7. If the Client chooses to terminate a Session early, the full Session will be charged at the usual price.
10.8. Cancellations by the Client of more than three weeks in succession, or that which the Company perceives as unreasonable, regular cancellations, will be considered for immediate termination of contract at the Company’s discretion.
10.9. Only lessons that have been explicitly confirmed with the Tutor and either delivered or cancelled within the Tutor’s agreed notice period will be considered chargeable. If the Client has notified the Company or the Tutor that they no longer wish to proceed with tuition, any lessons not confirmed after that point will not be billed, even if they were previously discussed or scheduled.
11. LIABILITY
11.1. The Tutoring Services are provided by the Tutor under the Tutoring Contract, in respect of which the Company is not a party. Accordingly, the Company does not accept any liability for:
11.1.1. any claims by the Client arising out of or related to the provision of Tutoring Services by the Tutor;
11.1.2. any act, omission or error (whether wilful, negligent or otherwise) of the Tutor; or
11.1.3. the consequences of tuition, including, but not limited to, exam results (including school entrance exam results, external examination results, or coursework marks) and dissertation scores.
11.2. Whilst every effort is made by the Company to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Tutors and further to provide them in accordance with the Client’s booking details, the Company is not liable for any loss, expense, damage or delay arising from any failure to provide any Tutor for all or part of the period of booking or from the negligence, dishonesty, misconduct, accidental damage to property during the assignment or lack of skill of the Tutor. For the avoidance of doubt, the Company does not exclude liability that is not permitted to be excluded by law, and in particular the Company does not exclude liability for death or personal injury arising from its own negligence
11.3. The Client shall indemnify and keep indemnified the Company against any costs, claims or liabilities incurred by the Company arising out of any Assignment or as a result of any breach of these Terms by the Client.
12. LAW
These Terms of Business are governed by the law of England and are subject to the exclusive jurisdiction of the Courts of England, to which the Client submits.
Terms of Business for Tutors
TUTORS
The following arrangements are understood and agreed by both parties:
Once a tutoring position has been confirmed, Tutors are entering into a contract, between you (the tutor) and the Client (the student, or the student’s parent/guardian). The Company acts as an agent for the purpose of introducing the Tutor and the Client and administering the tutoring arrangement. The Company is responsible for matching students and an appropriate Tutor for the specific subject. The Company is not responsible for the content of lessons and the teaching methods.
PRIVATE ARRANGEMENTS
In consideration of the Company introducing Clients to the Tutor, the Tutor agrees that they shall not enter into any private arrangements for tuition or related educational services with any Client introduced by the Company, or with any new Client introduced to the Tutor by such Clients, other than through the Company.
This restriction applies during the period in which tuition is taking place via the Company and for a period of twenty-four (24) months following the date of the last lesson delivered via the Company.
Where this clause is breached, the Tutor agrees to account to the Company for the commission that would have been payable in respect of such tuition had the lesson fees been processed via the Company’s platform, together with a reasonable administrative fee reflecting the additional time and cost incurred as a result of the breach. Interest may be charged on overdue sums at a rate of 4% per annum above the HSBC base rate.
Such conduct constitutes a material breach of these Terms and may result in the immediate withdrawal of the Tutor from current and future assignments and removal from the Company’s tutor panel. In cases of serious or repeated breach, the Company reserves the right to report the matter to relevant professional or industry bodies, including The Tutors’ Association.
This obligation shall continue notwithstanding termination of this Agreement.
PROFILES
The Company requires that tutor profiles are kept up to date. This includes a photo on the TutorCruncher Platform and an up to date address for the purpose of your invoices to Clients (correct and up to date addresses are a statutory requirement for invoicing clients). Tutors must select all the subjects (and levels) that they offer to teach. If Tutors have not yet selected teaching subjects in TutorCruncher, Tutors may not receive information about available jobs and will not be able to apply for them.
DISCLOSURE AND BARRING SERVICE (DBS)
All tutors require a clear Enhanced DBS background check for working with children. The Company requires tutors to be registered with the Government DBS Update Service. The Company reviews DBS checks annually with the Government DBS Update Service. Tutors must maintain their subscription to the Government DBS Update Service or risk being removed from tutoring contracts and the Company.
ENVIRONMENT
The Tutor and the Client are responsible for finding and agreeing on a suitable environment in which tuition can take place.
PAYMENT
The Company will agree the fee structure with the Client and this must not be changed without the written authority of the Company.
All lesson fees relating to Clients introduced by the Company must be logged and invoiced exclusively through the Company’s platform. The Company offers the third-party service of TutorCruncher for lesson logging, reporting and invoicing. Client fees paid through the platform are paid directly to the Tutor without any cost to the Tutor. The Company invoices Clients separately for its commission, based on lessons booked onto TutorCruncher by the Tutor.
Tutors must not invoice Clients directly or accept payment outside the platform in respect of such lessons unless expressly authorised in writing by the Company.
Late submission of lesson bookings, delayed or incorrect invoicing, or inaccurate information recorded on the platform may result in delayed payment. The Company recommends that Tutors retain a signed or electronic record of all lessons taught (or cancelled with less than 24 or 48 hours’ notice, as agreed with the Client) and of any agreed expenses.
Payment terms are two (2) days from receipt of the invoice.
Where a Client fails to pay an invoice properly raised via the Company’s platform, the Tutor retains the right to pursue the Client directly for recovery of those unpaid fees. Any such recovery must relate solely to invoices generated through the Company’s platform, and Tutors must not issue separate or replacement invoices or accept payment outside the platform unless expressly authorised in writing by the Company. For the avoidance of doubt, the pursuit of unpaid fees does not permit or authorise off-platform invoicing or payment.
The Tutor undertakes to the Company that they will duly pay all income tax and national insurance contributions due, whether in the United Kingdom or elsewhere, in relation to payments received for tutoring services. Tutors further agree to indemnify the Company in respect of any income tax or national insurance contributions which may be found due from the Company on any payments made in connection with tutoring services under this Agreement, together with any interest, penalties or gross-up thereon.
For record-keeping purposes, Tutors will account for the full fees due from the Client as income and the Company’s commission as an expense.
EXPENSES
All expenses (books, travel, etc) must be agreed with the Client before Tutors add them as expenses on TutorCruncher. Any expenses incurred by Tutors without the agreement of the Client will not be reimbursed by the Company.
CANCELLATION AND CONFIRMED LESSONS
Both the Client and the Tutor should reasonably notify the other in advance of any holiday commitments they may have, and of any changes to the tuition timetable necessary due to illness. Where possible, an alternative date may be arranged.
The Company recommends that Tutors agree a short-notice cancellation policy of 24–48 hours with the Client as part of their individual tutoring agreement. The Company also recommends that Tutors agree a notice period (for example, four lessons’ notice before the end of term) should the Client no longer wish to continue tuition the following term.
For simplicity, the Company follows the UCS School term dates.
Tutors must have clearly agreed their cancellation policy and any chargeable cancelled hours with the Client before the Company will apply commission to those hours.
Only lessons expressly confirmed by the Client and either delivered or cancelled in accordance with the Tutor’s agreed notice period shall be regarded as chargeable. Lessons that were not expressly confirmed by the Client shall not be subject to invoicing or commission, even if they were provisionally scheduled.
Tutors must clearly communicate their cancellation policy to the Client at the outset of the tutoring arrangement.
DAMAGES
The Company does not accept any liability for any claims by the Client arising out of or related to the carrying out of the tutoring by you and you agree to indemnify the Company without limit in respect of any such claims.
CONFIDENTIALITY
Tutors undertake that they shall not at any time during this agreement, and for a period of five years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, Clients or suppliers of the Company, except that Tutors may disclose the Company’s confidential information as may be required by law, court order or any governmental or regulatory authority.
Tutors shall not use the Company’s confidential information for any purpose other than to perform their obligations under this agreement.
DATA PROTECTION
The Company uses Tutors data for the purposes of the services that it provides. Tutors providing personal data consent to the use of that data by the Company for the purpose of effecting introductions to Clients, for billing and fee collecting purposes and to enable the Company to contact the tutor from time to time.
The Company reserves the right to change these Terms and Conditions.
Unless otherwise agreed in writing by a Director of The Company, these Terms and Conditions shall prevail over any other Terms of Business or Conditions put forward by you.
VARIATION OF TERMS
The Company may amend these Terms from time to time to reflect operational, legal or regulatory changes. The updated Terms will be published on the Company’s website. Where a change materially affects the rights or obligations of existing Tutors, the Company will notify them in advance and the amended Terms will take effect from the notified date.
LAW
These Terms of Business are governed by the law of England and are subject to the exclusive jurisdiction of the Courts of England, to which the Tutor submits.