Terms and Conditions

Updated June 2023

Introduction
1. On today’s date the client and The Tutor Team Ltd agree that The Tutor Team will introduce Tutors to the student/s and endeavour to set up Tutorials for the subject/s requested by the Client. The client understands that The Tutor Team Ltd acts as an agent for the individual Tutors and agrees to pay The Tutor Team Ltd for the Tutorial services arranged. The Tutor Team Ltd does not provide Tutoring services. We are a Tutoring agency and we are a party to this contract.
2. Tutoring Services will begin at a mutually-convenient date for Tutor and student after this contract is signed and returned to The Tutor Team and will continue until either the Client or the Tutor communicates otherwise. The Tutor Team also requires completion of a Registration Form in order to guide Tutors in preparing the best Tutorials to administer the account properly. Tutoring services will be carried out at a specified location, time and hourly rate agreed.
3. You are referred to in this contract as ‘the Client’, and you are the other party to this contract. You agree to the purchase of Tutoring services on behalf of ‘the Student’. ‘The Student’ may be yourself or another person. The Student is the person who receives the Tutoring service through sessions of Tutoring.
4. The Client agrees to these terms and conditions which relate to The Tutor Team Ltd’s introduction of a Tutor, or Tutors, to you the Client.
5. The Termination or Conclusion of the Agreement occurs when all of the obligations under this contract are complete or discharged, excluding the ongoing undertakings in paragraph 5c and 5d of this contract. Conclusion of the Agreement will typically occur at the end of the final lesson but may occur at another time in accordance with Section 6 of this contract.
General 
1. The Client acknowledges that these terms govern the legal rights and obligations between the Client and The Tutor Team Ltd. The Tutor Team Ltd reserves the right to alter these terms and conditions. 
2. No variation or alteration of these terms by the Client shall be valid unless expressly approved in writing by The Tutor Team Ltd. 
3. This agreement is governed by the laws of England and Wales and the parties submit to the jurisdiction of the Courts of England and Wales.
Contractual Relationship 
1. The Tutor Team Ltd provides education services to Clients via sub-contracted Tutors. The business relationship is between the Client and The Tutor Team – never the Client and the Tutor. The Tutor Team collects payment from the Client on behalf of the Tutor together with its own fee relating to its administration and commission. The hourly rate for tuition includes the Tutor’s payment and The Tutor Team Ltd own fee. VAT is applied where appropriate.
Agreement with the Tutor for the provision of Tutoring services 
1. A Tutor will be deemed to have been introduced to the Client by The Tutor Team Ltd when the name or profile of the Tutor is provided to the Client by The Tutor Team Ltd, following the request for a Tutor by the Client. 
2. By booking a Session with the Tutor, the Client agrees to be bound by these Terms and Conditions and by the terms and conditions which govern their relationship with the Tutor. 
3. The Tutor is self-employed and engaged by the Client to provide tuition to the Student. Clients should be aware that the Tutor does not have power to bind The Tutor Team Ltd in any way.
Prohibition of other Arrangements 
1. The Client will not agree any alternative fees with the Tutor and agrees not to render any direct payments to the Tutor. (unless travel expenses have been pre-agreed with the Client and the Tutor and this will be paid to the Tutor direct). 
2. The Client is not permitted to enter into any private arrangements with any Tutor introduced by The Tutor Team Ltd. The Client undertakes to make all bookings with Tutors introduced by The Tutor Team Ltd exclusively through The Tutor Team Ltd. 
3. A breach of these terms will render the Client liable to account to The Tutor Team Ltd for all sums received by the Tutor direct from the Client without deduction and The Tutor Team Ltd shall be entitled to seek injunctions against the Client to prevent further breaches. These obligations continue beyond the termination or conclusion of this agreement. 
4. Should you wish to recommend one of The Tutor Team Ltd’s Tutors to any other Potential or Actual Client, including siblings or friends, that Client must contact The Tutor Team Ltd to make a booking through the agency. No referrals must be made by the Client outside The Tutor Team Ltd. This will constitute a breach of contract and the Client will be liable to refund The Tutor Team Ltd any monies that are lost to The Tutor Team Ltd. and have arisen out of such a breach. Tutors are prohibited by contract from accepting any such referral work unless booked through the agency. e. Once this contract has been signed there is a contractual relationship between the Client and The Tutor Team Ltd. for the student named on the contract. If the student is Tutored by one of more Tutors arranged by The Tutor Team Ltd, the Client undertakes to make all future bookings for the named student with those Tutors through The Tutor Team Ltd. The Client must not approach the Tutor/s at a future date independently and offer work for the named student without arranging the booking through The Tutor Team Ltd. For example (but not exclusively) if the student has been Tutored by a Tutor arranged by The Tutor Team Ltd for GCSE and wishes to return to that same Tutor for A level, the Client or Student must arrange the booking through The Tutor Team Ltd and not make a direct approach to the Tutor. Tutors are prohibited by contract from accepting any such returning student unless booked through the agency.
Replacements and Termination 
1. If the Tutor is unable to complete the Course of Tuition, or the Client requests a replacement Tutor because they are not satisfied with the original Tutor assigned to them, The Tutor Team Ltd will endeavour to find up to two suitable replacement Tutors with regard to the level and subject for which tuition is required.  
2. If the replacement Tutor meets The Tutor Team Ltd criteria for suitability for the job in terms of subject and level knowledge and is available at the same time or another time convenient for the Client, then The Tutor Team Ltd has fulfilled its obligations; if the Client then wishes to terminate the Tuition mid-Course, the provisions of paragraph 6d will apply. 
3. If the Client wishes to terminate the Tuition mid-Course for any reason, no refunds can be granted for the balance of sessions that have been taught; furthermore, one week’s notice must be provided in writing. In that week the Client may choose to utilise the Session or Sessions that were planned to occur during that week, or not, but will not be refunded if the Client chooses not to utilise the Session or Sessions during that week. The Tutor Team Ltd will refund all monies prepaid excluding fees for the sessions that have already been taught and those fees for the week following the notification of Termination.
Client’s Responsibilities
1. The Client will pay all invoices on time and in line with the payment policy in Section 10 below, or as advised by The Tutor Team Accounts Manager
2. The Client will abide by the Cancellation Policy in Section 9 below 
3. The Client shall notify The Tutor Team Ltd immediately and without delay and in any event within 24 hours if the Tutor fails to attend work or notifies the Client that (s)he is unable to attend work for any reason.
4. If Tutoring services take place at the Tutor’s home:
  - Client agrees to attend the Tutorial at the appointed time
  - Client agrees to try not to arrive more than five minutes early so that the preceding student can complete their lesson and the client lesson can be set up.
  - Client agrees to supervise any friends or siblings accompanying them and to ensure that they will not be distracting to the lesson
5. If Tutoring services take place at the Client’s/Student’s home:
  - Client agrees that the student will be at home to attend the Tutorial
  - Client agrees that there will be a responsible adult in the home for the first Tutorial in the case of age 15 and upwards, or for all Tutorials in the case of children younger than 15 years old.
  - Client agrees to supervise any friends or siblings in the home and to ensure that they will not be distracting to the lesson
6. If Tutoring services take place online:
  - Client agrees to be online at the appointed time
  - Client agrees to send in advance any materials needed for the Tutorial e.g. practice questions for marking upon which they require feedback during the online session
7. If Tutoring services take place at another location:
  - Client agrees to be at the agreed location at the appointed time
  - Client agrees to supervise any friends or siblings accompanying them and to ensure that they will not be distracting to the lesson
  - Client agrees that the student will bring any materials needed for the Tutorial
Liability 
1. The Tutor Team Ltd does not accept any liability for any claims by the Client arising out of or related to the provision of Tutoring services by the Tutor. 
2. The Tutor Team Ltd does not exclude liability that is not permitted to be excluded by law, and in particular we do not exclude liability for death or personal injury arising from The Tutor Team Ltd own negligence. 
3. The Tutor Team Ltd will not be liable to the Client or any third party for any act, omission or error (whether wilful, negligent or otherwise) of the Tutor. 
4. Whilst every effort is made by The Tutor Team Ltd 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 needs, The Tutor Team Ltd is not liable for any loss, expense, damage or delay arising from the negligence, dishonesty, misconduct, accidental or deliberate damage to property during the assignment or lack of skill of the Tutor. 
5. The Client shall indemnify and keep indemnified The Tutor Team Ltd against any costs, claims or liabilities incurred by The Tutor Team Ltd arising out of any Assignment or as a result of any breach of these Terms by the Client. 
6. The Tutor Team Ltd does not accept any liability for the consequences of tuition, including, but not limited to, exam results and dissertation scores. 
7. The Tutor Team Ltd strongly recommends that individual Tutors are insured but is not responsible for insurance arrangements in respect of the Tutor providing Tutoring services and the Client should note that this is the case.
Cancellation 
1. Clients should be aware that there can be considerable preparation involved before each Tutorial, and cost to the Tutor. The Tutor Team Ltd will also have incurred administration costs for the session. Therefore, all Tutorials cancelled within 24 hours of the start time are chargeable.  
2. Notice of cancellation of a scheduled Tutoring session for any reason whatsoever must be given by the Client to The Tutor Team more than 24 hours prior to the scheduled Session. If notice is given more than 24 hours prior to the scheduled session, the Client will not usually be charged for the session. However, if a Client repeatedly cancels sessions without good reason (with regard to any length of notice) the Tutor has the right to refuse further tuition, the booked lessons become chargeable and the Client may be removed from The Tutor Team’s books. 
3. If notice of cancellation of a scheduled Tutoring session is given within 24 hours of the start of the Session, then the Client will be charged with the full payment for that Tutoring session, whether it is one, two or more hours, unless the Tutor deems the cause of cancellation to be unavoidable and agrees not to accept payment for the Session. 
4. In the case of cancellations The Team Ltd will have incurred administration costs for the session, regardless of it being cancelled. Therefore The Tutor Team Ltd will charge a cancellation fee of 15% of the lesson cost. This does not reflect our commission, but is a separate admin fee to cover costs. In certain extenuating circumstances the cancellation fee may be waived at the discretion of the management.
5. Should the Tutor not be available on the day, the Client will be informed, and a re-arranged time should be offered by the Tutor. If a suitable alternative time cannot immediately be arranged, The Tutor Team Ltd must be immediately informed so that the Client is not invoiced for the Tutorial. Booked Tutorials will always be invoiced on the accounts system unless The Tutor Team Ltd has been informed by either the Client or the Tutor that the Tutorial will not take place.
6. If a Tutorial falls on a Bank Holiday or other national or religious holiday that either the Tutor or the Client wishes to observe, then an alternative Tutorial session must be arranged where possible, unless both parties agree not to meet in that particular week.
7. If the Student 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. 
8. If the Student or Client chooses to terminate a Session early (for example, after one hour of a two-hour session), the Session will be charged at the usual price. 
9. Cancellations by the Client of more than 3 weeks in succession, or that which The Tutor Team Ltd perceive as unreasonable, regular cancellations, may be considered for immediate termination of the contract, at The Tutor Team Ltd’s discretion. Alternately, if a Client has a regular weekly slot booked but does not attend regularly, they may be moved to an ad hoc tuition basis and the weekly slot may be reallocated to another student.
Payments
1. The Client agrees to pay invoices from The Tutor Team Ltd promptly and in full. This is a contractual responsibility of the Client. Invoices will become payable on issue and will be collected by The Tutor Team before the lesson. Lessons are payable in advance. Repeated Client failure to pay invoices on time will be viewed as breach of contract and Tutoring services may be suspended or withdrawn.
2. It is the responsibility of the Client to keep their account up to date and to inform The Tutor Team Ltd of any invoice discrepancy within 48 hours of the issue of an invoice.
3. Payments must be made to The Tutor Team Ltd, never the Tutor. Tutors are not able to accept payment from the Client.
4. Invoices will include charges for each Tutorial session completed, partly completed, cancelled within the 24-hour cancellation policy time period and student ‘no shows’. The Tutor Team Ltd and the Tutors reserve the right to charge for sessions cancelled outside the 24-hour-cancellation window if the student and/or client has repeatedly cancelled Tutorial sessions.
5. All payments are to be made through the Tutor Team Ltd’s secure, GDPR compliant and encrypted accounts system. The Client will be sent a link to the system and must when registering and can activate the account by logging in within 3 days and changing the password. The secure link will expire within 3 days. The Client must register a payment card on the secure system before any tuition can take place. Card details are encrypted at source and no member of The Tutor Team Ltd will ever be able to view full Client card details.
6. In some circumstances it will be possible for a Client to set up a Direct Debit as an alternative payment option. This will also be administered through our secure accounts system.
7. The Tutor Team Ltd does not accept payment made outside the secure, GDPR compliant, encrypted accounts system. The Client agrees to use the secure accounts system to manage their account.
8. Should a Client invoice not be paid when due or the registered card is declined, the Client will be sent a reminder by The Tutor Team Ltd. The Client will be prompted to pay the invoice within 24 hours by another method i.e. registering a new payment card. If the invoice is not paid within 24 hours The Tutor Team Ltd will pause tutoring services until the account is brought up to date. The Client agrees that The Tutor Team Ltd will take direct payment from the registered card.
9. The Tutor Team Ltd reserves the right to move Business to Business clients onto an automated payment process (where the client’s card is debited directly after completion of each lesson) in the case of repeated late payments by the Client.
10. In the event of the Client removing card details from the secure system, or the card being declined by the bank, the Client agrees to register a replacement card on the accounts system or to set up a Direct Debit with The Tutor Team Ltd. The Tutor Team Ltd reserves the right to suspend or cancel Tutoring for any Client who fails to pay invoices on time and does not provide The Tutor Team Ltd with a method of payment via registered card or Direct Debit.
Payment Penalties
1. Cancellations are subject to penalty as set out above
2. The Tutor Team Ltd reserves the right to apply a 10% Administration Charge to any invoice that remains outstanding and requires repeated reminders, phone calls or additional administration.
3. In the event of an invoice remaining outstanding after the best efforts of The Tutor Team Ltd to liaise with the Client and recover the monies in house, bad debts will be passed to a debt-collection agency who will levy their own charges for collection in addition to the balance outstanding and the 10% administration charged levied by The Tutor Team. It is the responsibility of the Client to meet these extra penalty charges.
Data Protection 
1. The Client agrees that they will not disclose any confidential information concerning the Tutor or The Tutor Team Ltd to any person for the duration of this agreement and for a period of five years after termination of the agreement, save as required by law, court order or any governmental or regulatory authority.