TERMS OF USE FOR Tutor House Platform

This page (together with the documents referred to on it) tells you the terms on which you may use our website www.tutorhouse.co.uk (“Website”), whether as a guest or a registered user (“Terms”).

Please read these Terms carefully before using this Website. Your attention is particularly drawn to the following:

By using this Website, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using this Website.

1.  INFORMATION ABOUT US

1.   Tutor House Limited (“Tutor House”, “us”, “we”, “our”) is a limited liability company registered in England and Wales, number 07407081. Our registered office address is 4 Percy Street, London, W1T 1DF
2. If you have any questions about us, the Terms, or this Website please contact our Customer Services team on 0207 612 8297 or by email at support@tutorhouse.co.uk
3. For the purposes of the Data Protection Act 1998, we are registered with the Information Commissioner’s Office (registration number: ZA185435)

2.  THE PLATFORM

2.1           We provide a platform via the Website (“Platform”) which enables people wishing to access tutoring services (each a “Client”) to find a tutor registered on the Platform (each a “Tutor”) and arrange tutoring sessions (each a “Tutor Session”) with the Tutor.

2.2           As well as the Platform, Tutor House is able to provide certain in-house services which can also be booked through this Website. These in-house services are subject to additional terms and conditions. You can find out more about our in-house services here.

3.  PLATFORM TERMS OF USE

3.1           By using this Website, you are agreeing to be bound by these Terms together with our Privacy Policy and Cookie Policy, which set out how we process personal data we collect from you and how we use cookies.

3.2           Your use of this Website means that a contract consisting of these Terms is formed between us and you which governs your use of this Website and your access to the services available on this Website from time to time. The contract between us and you is separate and distinct from any contract for a Tutor Session which you may form with a Client or Tutor through the Platform.

3.3           These Terms will apply:

3.3.1             howsoever you decide to access the Platform (including through the Website or through    any mobile device application); and

3.3.2             to all users of the Website, including Clients, Tutors and guests and references in these Terms to “you” or “your” are to you, the user of the Website, whether you are a Client, Tutor or guest.

3.4           Certain paragraphs of these Terms are only relevant to Clients and certain paragraphs are only relevant to Tutors. However, we encourage you to read them in their entirety.

3.5           We may make changes to these Terms to reflect the way we operate the Website from time to time and will take reasonable steps to bring any material changes to your attention. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

3.6           If you do not agree to any changes made to these Terms, you must cease using the Website.

3.7           Every time you access the Website, the Terms in force at that time will apply to your use of the Website.

3.8           Changes made to these Terms will not affect or amend an existing contract for a Tutor Session.

4.  HOW TO USE THE PLATFORM

4.1           A Client (or potential Client) can use this Website to search for and browse a selection of Tutors matching their location and experience requirements. A Client can select a Tutor with whom they would like to book a Tutor Session by submitting a booking request to them through this Website (“Booking Request”).

4.2           After a Client has submitted a Booking Request to a Tutor, the Client and Tutor can use the Website’s messaging service to discuss and agree the details of the Tutor Session.

4.3           In order to confirm the Tutor Session, the Tutor must use the Platform to submit a booking confirmation (“Booking Confirmation”). The Tutor shall ensure that the Booking Confirmation contains the price, date, time, location, duration and subject-matter of the Tutor Session, together with any additional travel or materials costs which are to be reimbursed by the Client.

5.  TUTOR SESSION CONTRACTS

5.1           When a Booking Confirmation is issued by the Tutor, a contract for a Tutor Session is formed between the Client and Tutor (“Tutoring Contract”). Each Tutoring Contract will incorporate the provisions at paragraphs 4, 5, 6, 7, 8 and 9.

5.2   Please note:

5.2.1             we do not provide any tutoring through the Platform;

5.2.2             our role is limited to providing the Platform;

5.2.3             we are not a party to any Tutoring Contract; and

5.2.4             we are not the employer, principal or agent of any Client or Tutor.

5.3           Tutors can only arrange to provide tutoring services to Clients (and changes to and cancellations of Tutor Sessions can only be made by you) through this Website. Tutoring Contracts are governed by the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction in relation to any and all disputes arising from them. However, the Client will have the right to have the dispute or claim heard by the courts in the Client’s home jurisdiction.

6.  FEES

6.1           While we provide a guide to the pricing of Tutor Sessions, Tutors remain free to determine their hourly rate, which will be specified in the Tutor’s profile and can be checked prior to submitting a Booking Request.

6.2           The fee payable by the Client for a Tutor Session (“Fee”) will be calculated according to the hourly rate of the Tutor which is specified in the Tutor’s profile, and the duration of the Tutor Session.

6.3           No fees are payable in order to register on the Platform as a Tutor or Client. However, we will receive 15%-25% of the Fee for each Tutor Session (“Commission”).

6.4           All payments made using the Platform are processed by our payment service provider (“PSP”). The PSP will charge 2.5% of the Fee for each Tutor Session.

6.5           The PSP will collect payment of the Fee on the date upon which the Tutor Session takes place using the payment card details provided when the Client booked the Tutor Session.

6.6           The PSP will deduct the Commission and its own charges from the Fee paid by the Client before transferring the remaining part of the Fee to the Tutor within 48 hours.

6.7           The Fee is inclusive of any applicable value added tax.

6.8           Any expenses incurred by the Tutor in the provision of a Tutor Session, including travel expenses, hotel costs, subsistence and any associated expenses will be reimbursed by the Client directly to the Tutor.

6.9           The Tutor must not receive or accept directly from the Client or any student or any other person any sums due for the provision of a Tutor Session. All payments must be processed through this Website by our PSP.

6.10        You shall promptly provide us with written details of all time incurred by the Tutor in providing Tutor Sessions and any other information relating to the provision of Tutor Sessions as we may reasonably request from time to time.

6.11        Tutors will be informed of our Commission rate and the PSP’s charges during their registration on the Platform. We may change any of our commission rates and PSP charges from time to time to reflect legitimate cost increases or reductions in operating this Website or providing any services under these Terms. We will give you at least 30 days’ notice of any change in our commission rates in accordance with paragraph 3.4. Any such changes in our commission rates will only affect Tutor Sessions requested on and after the date on which the change is stated to take effect.

7.  CANCELLATION OF TUTOR SESSIONS

7.1           Tutor Sessions can only be cancelled by submitting a notice of cancellation via this Website.

7.2           If a Tutor Session is cancelled by the Client less than 48 hours before it is due to take place or if the Tutor Session is not cancelled but does not go ahead for reasons attributable to the Client, the Tutor reserves the right to charge the Fee in full, in which case payment will be taken from the Client for the Fee on the earlier of: (i) the date upon which the Client cancels the Tutor Session; and (ii) the intended date of the Tutor Session, unless the Client benefits from the statutory cooling-off period at paragraph 7.5 below.

7.3           If events or circumstances outside the reasonable control of the Tutor prevent or are likely to prevent the Tutor from attending a Tutor Session, the Tutor will make every reasonable effort to inform the Client using this Website’s messaging service and to rearrange the Tutor Session as soon as reasonably practicable. If the Tutor Session cannot be rearranged, the Tutor must cancel it using the Website.

7.4           No Fee will be payable in the event that a Tutor Session is cancelled by the Tutor or by the Client 48 hours or more before the Tutor Session is due to take place.

7.5           Clients who are also acting as consumers (“Consumer Clients”) have a legal right under the Consumer Contracts Regulations 2013 to change their mind and cancel a Tutor Session within the 14 day period commencing the day after the Booking Confirmation without having to pay the Fee or incurring any other charge (“cooling-off period”). However, Tutor Sessions can take place during the cooling-off period if the date of the Tutor Session requested by the Consumer Client and confirmed by the Tutor in the Booking Confirmation falls during the cooling-off period, in which case the Consumer Client will be required to pay the Fee for the Tutor Session in accordance with these Terms. To cancel a Tutor Session in accordance with your legal right to do so, the Consumer Client just needs to let the Tutor and us know that you have decided to cancel. The easiest way to do this is through your account on the Website. If you use this method we will e-mail you and the Tutor to confirm we have received your cancellation.

8.  TUTOR TERMS

8.1           This paragraph 8 applies to all users of this Website who are intending to make or have made an application to register as a Tutor on this Website. It also applies to Tutors who are already registered on this Website.

8.2           Your application to register as a Tutor must be accompanied by:

8.2.1        your current Disclosure and Barring Service (“DBS”) certificate;

8.2.2        your degree certificate, if required; and

8.2.3        an acceptable form of photographic identification such as passport or driving license.

You may also be required to attend an interview at a location specified by us before your application is considered.

8.3           In order to register as a Tutor, and before a Client can book a Tutor Session with you, you will be required to confirm your acceptance of the terms and conditions of our PSP by clicking a tick-box acceptance.

8.4           The Tutor will provide Tutor Sessions with all due care and skill, in conformity with the Terms and the Booking Confirmation and in compliance with all applicable statutory and regulatory requirements and standards of best practice.

8.5           The Tutor shall take all appropriate steps to safeguard and protect the interests of the Client and (if a different person) the student.

8.6           The Tutor warrants and represents to us that all written and oral statements and information provided when registering as a Tutor for the purposes of or in connection with the Tutor Session, including personal information about the Tutor and/or your qualifications, credentials, references and suitability for providing the tutoring services were when provided and remain true, complete and accurate.

8.7           The Tutor agrees:

8.7.1         while registered on this Website not to provide any tuition or educational services to a Client registered on this Website (apart from Tutor Sessions booked through this Website) unless you agree to an ‘Introduction’ fee, as outlined in paragraph 8.7.4;

8.7.2             while registered on this Website not to provide any tuition or educational services (apart from Tutor Sessions booked through this Website) to any sibling or other relative of a Client or to any person introduced, directly or indirectly, to the Tutor by a Client, or unless you agree to an ‘Introduction fee’ as outlined in paragraph 8.7.4; and

8.7.3             during the period of 12 months after (the later of) the date upon which: (i) the Tutor is in contact with a Client through this Website; and (ii) the Tutor has a Tutor Session booked with a Client, not to provide any tuition or educational services to such Client (apart from Tutor Sessions booked through this Website) or to any sibling or other relative of such Client or to any person introduced, directly or indirectly, to the Tutor by such Client.

8.7.4            In the event that one of the below scenarios occurs within 12 months of an ‘Introduction’ by Tutor House Limited, the ‘Tutor’ agrees to pay Tutor House Limited an ‘Introduction Fee’ to continue working with the ‘Client’ in question;

a) the ‘Tutor’ provides educational services to a ‘Client’ or any sibling or other relative, other than through the Tutor House Limited platform; or

b) the ‘Tutor’ introduces a ‘Client’ to another ‘Tutor’ or third party who provides educational services to that ‘Client’ other than directly through the Tutor House platform.

The ‘Introduction Fee’ payable will be calculated as being equivalent to 20 hours’ worth of tutoring at the full rate charged or to be charged to the ‘Client’ by the ‘Tutor’.

8.8           The Tutor shall indemnify us and keep us fully and effectively indemnified on demand against any actions, suits, claims, costs, demands, losses, damages, expenses, liabilities and payments which may be brought against or suffered or incurred by us as a result of or in connection with, directly or indirectly, the provision of a Tutor Session by the Tutor, the Tutor’s use of this Website, any act or omission by the Tutor and any breach or non performance of these Terms by the Tutor.

8.9           The Tutor shall duly and promptly pay all income tax and national insurance contributions in relation to all charges and sums payable to the Tutor by a Client and shall be responsible for completing and submitting all relevant assessments, returns and other information to HM Revenue & Customs in relation to such charges and sums and to his taxation affairs generally. The Tutor shall indemnify us and keep us fully and effectively indemnified on demand against all income tax, national insurance contributions and related penalties and/or interest in respect of any charges paid or payable by us to the Tutor for Tutor Sessions or otherwise for or in connection with the Tutor’s use of this Website, and any reasonable costs incurred by us in recovering any such sums.

8.10        The Tutor acknowledges that if a Tutor engages the services of an accountancy firm introduced by us to the Tutor, we may receive a commission from such accountancy firm for the introduction but we will not be responsible for any advice or services provided by such accountancy firm.

9.  CLIENT TERMS

9.1           This paragraph 9 applies to all users of this Website who are intending to make or have made an application to register as a Client on this Website. It also applies to Clients who are already registered on this Website.

9.2           In order to make a Booking Request, you must register as a Client and provide valid debit or credit card details which will be used to take payment for your Tutor Sessions. You will also be required to confirm your acceptance of the terms and conditions of our PSP by clicking a tick-box acceptance.

9.3           When a Booking Request is submitted your card will be subject to an authorisation hold, which will be cancelled unless a Booking Confirmation is sent by the Tutor to you within 48 hours. If a Tutor Session is cancelled by the Tutor, the authorisation hold on your card will be cancelled.

9.4           All payments must be made through the Website. You agree to inform us immediately if a Tutor requests payment for a Tutor Session (in whole or in part) otherwise than through the Website.

9.5           You agree not to make any arrangements for tutoring services with any Tutor other than through this Website for 12 months’ following the later of (i) your registration on the Platform; and (ii) the latest Tutor Session booked using this Website.

9.6           While we do interview certain Tutors and check that they have a current Disclosure and Barring Service certificate and degree certificate(s) prior to accepting their application to register on this Website, we do not guarantee that a Tutor is suitably qualified to provide the services offered by a Tutor through this Website and we do not routinely verify the Tutor’s identity, his or her relevant experience, training and qualifications and any authorisation and clearances (including from the Disclosure and Barring Service) which may be required by law or by any relevant professional body.

9.7           If at any stage you have concerns about the competence, qualifications, suitability or performance of any Tutor please notify us and we will investigate.

9.8           The Client shall indemnify us and keep us fully and effectively indemnified on demand against any actions, suits, claims, costs, demands, losses, damages, expenses, liabilities and payments which may be brought against or suffered or incurred by us as a result of or in connection with, directly or indirectly, any content posted on the Website by the Client or any improper use of the Website.

9.9           Where a Tutor Session is to be provided on any premises of or designated by the Client, the Client must provide the Tutor, in a timely manner, with sufficient details of the relevant location, ensure that appropriate access is available to the Tutor at all relevant times and that such premises are suitable and safe for the provision of the Tutor Session.

10.  DISCLAIMERS AND OUR LIABILITY TO YOU

10.1        Nothing in these Terms shall exclude or limit our liability for:

10.1.1     personal injury or death resulting from our negligence;

10.1.2     fraud or fraudulent misrepresentation;

10.1.3     or for any breach of the obligations implied by section 2 of the Supply of Good and Services Act 1982;

10.1.4     for breach of a Client’s legal rights in relation to the services available on the Platform, including the right to receive services (from the Tutor or us, as applicable) which are as described and supplied with reasonable skill and care; or

10.1.5     any other liability the exclusion or limitation of which is not permitted by applicable law or regulation.

10.2        We cannot guarantee that this Website will be:

10.2.1      compatible with all or any hardware and software which you may use;

10.2.2      available all the time or at any specific time; or

10.2.3      accurate and up to date.

10.3        We use industry standard techniques to protect our Website from bugs, viruses and attacks but cannot guarantee that our Website will be free from bugs, viruses or other malicious software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any Website linked to it.

10.4        The Tutor is not our employee or agent and, save where expressly provided for in these Terms, a Tutor or Client has no power or authority to alter or waive any of these Terms, or to bind or commit us in any way.

10.5        While we aim to interview all Tutors before they are permitted to advertise on the Platform, we are not responsible for the actions of Tutors and cannot vouch for the quality of the service provided by the Tutor. [The Client should be present at all times during Tutor Sessions which are to be delivered to a minor.]

10.6        The content on the Website is provided for general information only and is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on the Website, we make no promises that the content on the Website is accurate, complete or up to date.

10.7        We do not provide tutoring services through the Platform and we provide no guarantee or assurances that the tutoring services accessed through the Platform will achieve or contribute to the achievement of any qualification, accreditation or other goal, standard or recognition.

10.8        We shall be responsible to a Tutor or Client for certain types of loss or damage which is suffered as a foreseeable result of our breach of these Terms or our negligence (including any breach or negligence committed by any of our officers, employees or agents) and which arises directly from our actions but we shall not be responsible for:

10.8.1          any loss or damage that was not an obvious consequence of our breach or that was not contemplated by us and you at the time you accepted these Terms (for example, any indirect, special or consequential loss or damage);

10.8.2          loss of profits or contracts;

10.8.3          loss of revenue;

10.8.4          loss of business;

10.8.5          loss of goodwill;

10.8.6          business interruption;

10.8.7          wasted management or office time;

10.8.8          loss of anticipated savings;

10.8.9          loss caused by circumstances outside our control;

10.8.10       loss or damage that was caused by your breach of the Terms;

10.8.11       loss or damage arising directly or indirectly from any act or omission of a Tutor;

10.8.12       loss or damage caused by the Website being unavailable at any time or for any period;

10.8.13       loss or damage caused by a breach by the Tutor or Client of a Tutoring Contract; or

10.8.14       any loss or damage caused to you as a result of your browsing this Website as a guest, whether caused by tort (including negligence), breach of contract or otherwise.

10.9        We will have no liability to the Tutor for any loss, damages, expenses, payments or injury which the Tutor may incur arising from the security or state or condition of any premises in which a Tutor Session is provided or from any act or omission of a Client, a student or any third party occurring on any such premises or otherwise during the course of or in connection with the provision of the Tutor Session.

10.10     All terms, conditions and warranties implied by any applicable law are to the fullest extent possible excluded from these Terms.

10.11     Clients and Tutors should consider taking out insurance cover in respect of losses incurred by either party as a result of the hosting or delivery of a Tutor Session. We will have no liability for any loss or injury sustained by a Client, Tutor or student due to the premises at which the Tutor Session is delivered not being safe or suitable.

11.  ACCESS AND USE OF THE WEBSITE

11.1        You must be 18 years of age or older to register as a Client or Tutor.

11.2        We grant you a limited, non-exclusive, non-transferable and revocable licence to access this Website and its content and services solely as an end user and subject to the Terms.

11.3        We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis and we may suspend access to the Website, or any part of it, without notice where we are required to do so by any applicable law or where the Website is unavailable through no fault of our own. In other circumstances we will give you at least 7 days’ prior notice by posting such notice on the Website before it will be unavailable.

11.4        Where the Platform is being accessed from any website other than the Website, you agree to comply with both the Terms and any terms of use relating to the third party website. Where there is a difference between the Terms and those of any other website operating the Platform, the Terms shall prevail.

11.5        You will not access or use the Website except for its intended purpose and will not attempt to:

11.5.1     gain unauthorised access to, make unauthorised alterations to, or introduce any kind of malicious code to the Website by any means;

11.5.2     reverse engineer or decompile (whether in whole or part) the Website or any software available through it;

11.5.3          make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained in it, other than as permitted by law;

11.5.4          use the Website for any purpose that is unlawful under any applicable law;

11.5.5          use the Website to commit any act of fraud;

11.5.6          use the Website to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’); or

11.5.7          use the Website in any manner that disrupts its operation.

11.6        You will not disguise or interfere in any way with the IP address of the computer you are using to access the Website or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Website.

11.7        The Website may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

11.8        You are responsible for making all arrangements necessary for you to have access to the Website including configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

11.9        You may link to the Website from another website without our consent in writing if you:

11.9.1          link only to the homepage of the Website at www.tutorhouse.co.uk;

11.9.2          do not create frames or any other border around the Website;

11.9.3          comply with all relevant laws and regulations on the website or platform you are linking from;

11.9.4          do not imply that we endorse or are associated with your (or any other) website, product or service; and

11.9.5          ensure that the website from which you are linking does not contain inappropriate or distasteful content which may reflect badly on us.

12.  YOUR ACCOUNT

12.1        We may restrict access to our entire Website or certain parts of this Website to users who have registered with us.

12.2        By making an application to register, you agree and confirm:

12.2.1          all the information you have provided is accurate and correct and you are the person whose details you have provided;

12.2.2          you can enter into a legally binding agreement with us;

12.2.3          you will only use the Website as envisaged by the Terms;

12.2.4          you have provided a current address, telephone number and e-mail address and will notify us immediately if your contact details change;

12.2.5          in the case of an individual, you are 18 years of age or over and capable of taking responsibility for your own actions;

12.2.6          in the case of a company, LLP or partnership, you are duly authorised to act on its behalf;

12.2.7          you hold a current account at a UK bank or building society; and

12.2.8          you authorise us, at any time, to use any means that we consider necessary to verify your identity with any third party providers of information. Please refer to the Privacy Policy for details of steps we may undertake to do this.

12.3        You must provide us with all information requested during the application process and comply with all our eligibility requirements.

12.4        We reserve the right, in our sole discretion, to refuse to register you on the Platform for any reason.

12.5        When you register you will be given either a tutor or client account (“Your Account”) which will be linked to your email address and protected by a password. You agree to keep your password strictly confidential and you must not disclose it to any third party. You agree to protect it in the same way as you would details of your bank account or your bank cards. Any failure to do so shall be at your sole risk and expense.

12.6        You agree that we are entitled to assume all correspondence, orders, transfers and instructions made through Your Account are made by you. You agree to inform us immediately by e-mail and by telephone if you know or suspect that Your Account has been compromised or your password is being misused so that we may suspend Your Account.

12.7        We have the right to disable Your Account at any time if, in our reasonable opinion, you have failed to comply with any material provisions of the Terms.

12.8        You agree to inform us as soon as possible if any information provided by you or contained in Your Account changes and/or if you become aware of any errors with respect to Your Account.

13.  PRIVACY POLICY

13.1        We use and process your registration data and certain other information we collect about you in accordance with our Privacy Policy. For more information, please see our full Privacy Policy.

13.2        By using this Website, you are consenting to such processing and use, and you warrant that all data provided by you is accurate, correct and up-to-date.

14.  INTELLECTUAL PROPERTY RIGHTS

14.1        Save for User Content (as defined in paragraph 17.1 below), all content published, displayed or performed on this Website (including, but not limited to text, lists, directories, graphics, photographs, images, illustrations, drawings, audio clips, video clips, interactive applications and search features) (“Website Content”) is protected by copyright, trade marks, database right and other intellectual property rights, which are owned or controlled by us or our third party licensors and content providers. Save to the extent expressly provided in the Terms of Use, you shall not obtain any right, title or interest in any of the Website Content.

14.2        You are not granted any commercial, copying, sale, resale, rental, lending, adaptation, reproduction, distribution, publication, modification, broadcast or promotional rights for the Website Content. You may not without our prior written consent (except to the extent required in order to use this Website in accordance with the Terms) use the Website Content for any purposes that require such rights, systematically extract any of this Website Content or in any way use or exploit commercially any of this Website Content. Such use is expressly prohibited and may violate applicable laws.

15.  INTERNATIONAL USE

15.1        This Website and its content and services are provided from the United Kingdom and the agreements entered into between us and you, and amongst users of the Website pursuant to the Terms, will be made in the English language. If you choose to access this Website from locations outside the United Kingdom, you do so at your own risk and we make no representations that the content and services on this Website are lawful to use or available for use in locations outside the United Kingdom.

16.  ADVERTISING

16.1        This Website may contain advertising. By using this Website and the various services which we make available through this Website, you agree that:

16.1.1          we may place such advertising on this Website; and

16.1.2          such advertising may be targeted to the content of the information on this Website, information on user profiles or other information which we may hold about you.

16.2        The manner, mode and extent of advertising on this Website is subject to change without notice.

16.3        The advertisers are responsible for ensuring that material submitted for inclusion on this Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in any advertising material.

17.  USER CONDUCT AND CONTENT STANDARDS

17.1        These conduct and content standards apply to any and all images, drawings, video, audio, text, lists and other content you upload to, display on, or distribute or otherwise publish through, this Website (“User Content”) and your use of this Website.

17.2        You must not upload, post, email or otherwise transmit any User Content that:

17.2.1          is libellous, defamatory, obscene, abusive or otherwise violates any law;

17.2.2          infringes any patent, trade mark, database right, trade secret, copyright or other proprietary right of any party;

17.2.3          you do not have the right to transmit under any law or contractual relationship (such as confidential information);

17.2.4          contains any unsolicited or unauthorised advertising, promotional materials, solicitation of funds, spam, chain letter, junk mail or any other form of solicitation for goods or services except in those areas of this Website that are clearly designated for such purpose;

17.2.5          contains viruses or any other codes, files or programs designed to damage, interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or

17.2.6          is pornographic or sexually explicit.

17.3        User Content must not:

17.3.1          be likely to deceive any person or be made in breach of any legal duty owed to a third party or promote any illegal activity;

17.3.2          be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that it emanates from us, if this is not the case; or

17.3.3          advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

17.4        You shall be civil and show respect for other users. You shall not interfere with another’s enjoyment of this Website. You may not target another to cause distress, embarrassment, unwanted attention or other discomfort or invade another’s privacy.

17.5        Using the ratings or review functions of this Website to make personal attacks is not allowed. Under no circumstances may you attack a person based on the person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability, age or other identification.

17.6        We reserve the right, without obligation, to monitor, moderate, edit or remove any content that you upload to this Website and to vet or screen users of this Website. However, you acknowledge that you use this Website at your own risk and you are responsible for the information you post on this Website.

17.7        We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to this Website is defamatory, or constitutes a violation of any of their rights including without limitation intellectual property rights or right to privacy or is otherwise unlawful.

18.  USER CONTENT LICENCE

18.1        We do not claim any ownership rights in your User Content. After uploading your User Content to this Website, you continue to retain all ownership rights in such User Content and you continue to have the right to use your User Content in any way you choose.

18.2        By uploading any User Content to or on this Website, you grant us a perpetual, royalty free, worldwide, sub-licensable, non-exclusive, irrevocable licence to use, reproduce, distribute, perform, display or electronically transmit the User Content, whether in its original form or as adapted by us, on this Website and to our associated companies, advertising networks, distribution partners, affiliates and third party service providers.

18.3        You agree that you have the full power and authority to grant the licence in paragraph 18.2.

18.4        We may sub-license any and all of the rights licensed under paragraph 18.2 to third parties including any of our associated companies, advertising networks, distribution partners, affiliates and third party service providers.

18.5        You agree to waive any moral rights you have in User Content (including the right to be identified as the author) so that we may adapt the User Content freely and without restriction.

18.6        We may display advertisements relating to or in connection with your User Content and use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on websites and advertising networks, distribution partners, affiliates and third party service providers.

19.  CONTENT STORAGE

19.1        We reserve the right to establish general practices and limitations regarding the storage of content on this Website, including the maximum number of days that messages, in-mails, postings or other content will be retained by us on the Platform, the maximum number of messages or in-mails that may be sent by or received by an account and the maximum size of messages, in-mails, postings or other contents.

19.2        We shall not be held responsible or liable for the deletion or failure to store any messages, communications or other content maintained or transmitted by or under Your Account or any other part of this Website.

20.  INTERACTIVE SERVICES

20.1        We may provide interactive services on this Platform, including a messaging service and rating and review functions.

20.2        Any use of our interactive services must comply with our User Conduct and Content Standards, set out in paragraph 17.1. We have the right to remove any material you upload or posting you make on this Website if in our opinion such material does not comply with our User Conduct and Content Standards. We also have the right, without obligation, to monitor disputes between you and other users and/or to restrict, suspend or close your account if in our opinion doing so is necessary to enforce the Terms.

20.3        By submitting messages information or any other content to this Website, you acknowledge that any material you upload to this Website will be considered non-confidential and free from any similar obligation or restriction. You acknowledge that the content that you post to this Website will be seen by other users. You agree that any loss or damage of any kind that you incur as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through this Website is solely your responsibility.

20.4        A Client will have the opportunity to provide feedback to a Tutor once the Tutor Session has taken place. Tutors can determine whether or not the feedback is published on their Platform profile.

20.5        You are responsible for your interactions with other users of this Website. We reserve the right to prohibit you from contacting other users through the interactive services or otherwise limit your use of the interactive services.

21.  SUSPENSION AND TERMINATION

21.1        Failure to comply with these Terms and, in particular, our User Conduct and Content Standards set out in paragraph 17 above constitutes a material breach of the terms upon which you are permitted to use this Website. If in our opinion you fail to comply with these Terms, it may result in our taking all or any of the following actions at our discretion:

21.1.1          immediate withdrawal of your right to use this Website and any services available on the Website;

21.1.2          immediate removal of any posting or material uploaded or otherwise transmitted by you to this Website;

21.1.3          legal action against you including proceedings for reimbursement of any and all damages and costs resulting from the breach; or

21.1.4          disclosure of such information to law enforcement authorities or third party complainants as we reasonably feel is necessary or required.

The responses described in this paragraph are not limited, and we may take any other action we reasonably deem appropriate.

21.2        We may, in our absolute discretion, suspend or terminate your access to all or part of this Website and the content and services available through it with or without notice. We may also terminate accounts that are inactive for more than six months or should the registration information you provided to us prove to be false or misleading.

21.3        Upon and following such termination or suspension:

21.3.1          the licence to use this Website and its content and services shall immediately terminate;

21.3.2          we may deny you access to your account and services provided through this Website; and

21.3.3          we may deny you access to any information you have stored through this Website and this may not be retrieved later. You will not be able to recover any data on a deactivated account. We therefore recommend that you keep a copy of any information or User Content you store through this Website, if you want to be able to permanently access such information or User Content.

21.4        You may at any time close Your Account and cease the use of this Website provided that you do not have any outstanding Tutor Sessions.

22.  COMPLAINTS

22.1        If you have any complaint about this Website or the conduct of another user of this Website any of the users, you should contact our Customer Services department at [INSERT] and we will investigate it and, if possible, try and resolve it.

23.  THESE TERMS

23.1        Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

23.2        The Terms constitute the entire agreement between you and us for the use of this Website and the contents and services available through it.

23.3        If we do not exercise or enforce any legal right or remedy which may be available to us in relation to you or another user of this Website, this will not be taken to be a formal waiver of our rights.

23.4        You are individually bound by these Terms even if you are using this Website on behalf of a company or other legal entity, regardless of whether that entity has any separate agreement with us.

23.5        If any provision of the Terms is or becomes illegal, invalid or unenforceable that shall not affect the legality, validity or enforceability of any other provision of the Terms.

23.6        A person who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

23.7        The provisions of the Terms are personal to you and you shall not be entitled to assign or transfer any of your rights or obligations under the Terms. We may assign our respective rights and obligations under the Terms.

23.8        The Terms are governed by the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction in relation to any and all disputes arising from them. However, if you are using this Website as a consumer, you will have the right to have your dispute or claim heard by the courts in your home jurisdiction.

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Terms of Business with Clients for In-house Services and Teaching Supply Work

These are the terms and conditions on which we, Tutor House Limited, supply our In- house group tuition or other educational services to you (“Terms”).

These Terms do not apply to your use of the online booking service for one-to-one tutor sessions, on our Platform. More details of this service and the terms applicable to it can be found here.

Please read these Terms carefully before accepting your Order Confirmation and Tuition Request. These Terms tell you who we are and how we will provide services to you, what to do if there is a problem and other important information.

  1. Definitions
    1.1 In this Terms:

“Business day” means any day other than a Saturday, Sunday or public holiday in England;

“Client” means the person, persons, school or other, with whom we agree to provide the In-house Services;

“Company”, “we”, “us”, ”our” means Tutor House Limited;

“Force Majeure Event” means one of the events within paragraph 9.1;

“In-house Services” means the private or group tuition and other educational services to schools, providers or individuals, or the provision of rooms for tuition or other educational services, agreed to be provided by the Company to the Client;

“Order” means the order for In-house Services that you submit through our Website [by selecting options on our In-house Services ordering page(s), or my sending us a request for tutoring and/or teaching via email or c a contact form request];

“Order Confirmation” means written confirmation by the Company to the Client of our agreement to provide In-house Services, which shall include a description of your Order, brief details of the In-house Services, the date(s) on which and the location(s) at which the In-house Services are to be provided and the identities of the Student(s), so far as then known

“Student” means the person(s) to whom In-house Services are agreed to be provided;

“Terms” means these Terms of Business with Clients;
“Tutor” means any tutor, teacher, or mentor, engaged by us as a sub-contractor to provide the In-house Services;
“you” or “your” refer to the Client;

“Website” means our website at www.tutorhouse.co.uk; “writing” and “written” includes faxes and e-mails.

1.2 References in these Terms to “person” include any individual, company, corporation, partnership, firm, association or other entity (whether or not having legal personality); and references to “paragraphs” are to the numbered paragraphs of these Terms.

1.3  The headings in these Terms are intended to provide general guidance, but do not affect their legal interpretation.

2 The Contract

  1. 2.1  These Terms and your Order Confirmation (as varied or supplemented, if applicable, by agreement in writing between you and us) set out the whole agreement between you and us for the provision of the In-house Services. If there is any inconsistency between these Terms and the Order Confirmation, the Order Confirmation, or Email Confirmation, will prevail.
  2. 2.2  Our acceptance of your Order will take place when we email you to accept it at which point a contract will come into existence between you and us.
  3. 2.3  If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the In-house Services. This might be because of unexpected limits on our resources for which we could not reasonably plan or because we are unable to meet a deadline you have specified.
  4. 2.4     No terms or provisions proposed or put forward by you which are inconsistent with or purport to add to, vary or omit any of these Terms or the Order Confirmation form part of the agreement between you and us, unless they are expressly agreed to in writing by the Company.
  5. 2.5  The Client agrees that, save with the prior written consent of the Company, he/she will not during the period of 12 months after the date on which you cease to receive the In-house services, work directly with the Tutor.
  1. 6. In the event that one of the below scenarios occurs within 12 months of an ‘Introduction’ by Tutor House Limited, the ‘Client’ agrees to pay Tutor House Limited an ‘Introduction Fee’ to continue working with the ‘Tutor’ in question;
  2. a) the ‘Tutor’ continues to provide educational services to the ‘Client’ or any school or other education establishment, other than through Tutor House Limited; or
  3. b) the ‘Client’ introduces a ‘Tutor’ to another ‘Client’ or third party who receives educational services from that ‘Tutor’ other than directly through Tutor House Limited.

The ‘Introduction Fee payable will be calculated as being equivalent to 30 days worth of tutoring or teaching at the full rate charged or to be charged to the ‘Client.’

2.7. The Client shall, at all times during the term of the order Confirmation, have in place, fully paid and appropriate insurance policies for tutors, teachers, and educators. Clients will provide Tutor House Limited with copies of relevant insurance policies.

  1. 3  Quality of In-house Services
    1. 3.1  Subject to these Terms, the Company will carry out the In-house Services with reasonable care and skill, in conformity with these Terms and the Order Confirmation and in compliance with all applicable statutory and regulatory requirements.
    2. 3.2  The provisions of paragraph 3.1 are in addition to, and do not affect, your rights under English law. Advice about your rights under English law may, where applicable, be obtained from a Citizens’ Advice Bureau, a Trading Standards Office or other similar relevant body or organisation.

4  Dates and Locations

4.1 The Company will make reasonable efforts to ensure that the In-house Services are actually provided on the dates (or within the periods) and at the location(s) stated in the Order Confirmation, but events or circumstances do sometimes arise outside the reasonable control of the Company which may prevent this. If that happens, the Company will make every reasonable effort, after appropriate discussion with the Client and/or the Student, to ensure that the In-house Services are provided as soon as reasonably practicable and at a suitable location.

5 Information and Assistance from Client

5.1 The Client must provide to us, in a timely manner, any information and instructions which the Company from time to time reasonably request to enable the In-house Services to be performed in accordance with these Terms and the Order Confirmation. If you fail to do so, the Company may immediately terminate the contract between us for the provision of the In- house Services (if that failure has a material detrimental impact on our ability to provide the In-house Services) or levy an additional reasonable charge (which the Client shall be obliged to pay) for any additional cost or expense incurred by the Company as a result of such failure.

5.2 Where any In-house Services are to be provided on any premises of or designated by the Client or the Student, the Client must provide us, in a timely manner, with sufficient details of the relevant location, ensure that appropriate access is available to us (and any Tutor) at all relevant times and that such premises are suitable and safe for the provision of the In- house Services. No charge shall be levied on or paid by the Company for or in relation to the provision of any such premises.

6 The Company’s Charges

  1. 6.1  The Company’s charges for the In-house Services are as set out in the order process and confirmed in the Order Confirmation.
  2. 6.2  Unless otherwise provided for in the Order Confirmation or agreed in writing by the Company, the Company’s charges are payable before the In-house Services are provided.
  3. 6.3  Your card payment details will be provided or confirmed by you at the point of submitting your Order and payment will be taken from you using such payment card when your Order is accepted by us.
  4. 6.4  All payments in respect of Orders submitted on our Website are processed by our payment service provider (“PSP”). Before a Client can place an Order for In-house Services, you will be required to confirm your acceptance of the terms and conditions of our PSP. If you are a school, we can accept payment via cheque or bank transfer.
  5. 6.5  If any additional In-house Services are provided that were not part of the original Order (as confirmed in the Order Confirmation), they shall be charged at the applicable hourly, daily or weekly charging rates for the time being charged by the Company for those or substantially comparable services. Where any In-house Services are charged at a rate per hour, they will be charged for on a proportionate basis for any period of less than an hour. The Company will invoice the Client for such additional In-house Services on this basis.
  6. 6.6  Each invoice is due for payment on the date on which it is issued and, where an invoice is issued before the relevant In-house Services are provided, the Company shall be entitled to decline to perform the In-house Services unless and until such invoice (and any related interest, if applicable) is paid in full.
  1. 6.7  Our charges are exclusive of any applicable value added tax, which (if applicable) shall be added to the charges and shall be payable at the same time as them.
  2. 6.8  If you do not make any payment due to the Company on its due date of payment, the Company may charge you interest on the overdue amount, at the rate of 3% per annum above the base lending rate of Barclays Bank plc from time to time. Any such interest shall accrue on a daily basis from the date which is 5 business days after the due date for payment of the relevant sum, until the date of its actual payment whether before or after judgment. All such interest is payable by you to the Company immediately on demand from time to time by the Company.
  3. 6.9  Without limiting any other rights or remedies that the Company may have, if the Client fails to make any payment due to us on it due date for payment, the Company may terminate entirely its agreement with the Client for the In-house Services or suspend performance of the In-house Services until the outstanding amount has been paid.
  4. 6.10  The Company shall be entitled to charge the Client for any expenses reasonably incurred by us or our sub-contractors engaged in the provision of the In-house Services, including travel expenses, hotel costs, subsistence and any associated expenses. Expenses will be invoiced separately from our charges and any such invoices issued are payable on the date of issue.
  5. 6.11  Unless otherwise expressly agreed in writing by the Company, no charges or other sums due to the Company under these Terms shall be paid by the Client or any Student direct to any Tutor or other sub- contractor.

7 Cancellation

7.1 If a Student is unable, because of illness or other incapacity or for some other reason outside his or her reasonable control, to attend any group tuition or the provision of any other In-house Services at the time and date provided for in these Terms, the Client shall give (or shall ensure that the Student shall give) 48 hours notice and as much prior written notice to that effect, to the Company, as is reasonably practicable.

*Please note that schools will be required to give two weeks’ notice for temporary tutors and one terms notice for permanent tutors.

  1. 7.2  If the Company is unable due to the illness or other incapacity of any Employee, Contractor or Tutor or for any other reason outside of the Company’s reasonable control, to provide any In-house Services at the times and on the dates provided for in these Terms, the Company shall give as much written notice to that effect, both to the Client and to each relevant Student, as is reasonably practicable.
  2. 7.3  Where any notice is given under paragraph 7.1 or 7.2, the Client and the Company shall each make every reasonable effort to agree a suitable alternative time and date, which shall be as soon as reasonably practicable, for the provision of the postponed In-house Services.
  3. 7.4  If the Company and the Client are unable within 5 business days after receipt of a notice under paragraph 7.1 or 7.2 to agree on a new time and date for the postponed In-house Services, the Company will have no obligations to provide the postponed In-house Services and no charge under paragraph 6 shall be made by the Company for the postponed In- house Services (and any pre-paid charges shall be reimbursed to the Client), unless the Client failed to give any notice under paragraph 7.1 more than 48 hours before the time at which the postponed In-house Services were originally due to be provided, in which case the Company reserves the right to charge for the postponed In-house Services in full.
  4. 7.5  Clients who are also acting as consumers (“Consumer Clients”) have a legal right under the Consumer Contracts Regulations 2013 to change their mind and cancel the In-house Services within the 14 day period commencing the day after we accept your Order without having to pay our charges or incurring any other fee or charge (“cooling-off period”). However, our provision of In-house Services can take place during the cooling-off period if the date specified in the Order Confirmation for provision of the In-house Services falls during the cooling-off period, in which case the Consumer Client will be required to pay our charges in accordance with these Terms. To cancel the In-house Services in accordance with your legal right to do so, the Consumer Client just needs to let us know that you have decided to cancel. The easiest way to do this is email us – info@tutorhouse.co.uk. If you use this method we will e-mail you to confirm we have received your cancellation.

8 Tutors

  1. 8.1  We may engage a Tutor as a sub-contractor to perform all or part of the In-house Services.
  2. 8.2  The Company will seek to ensure the suitability of Tutors by (amongst other things) obtaining confirmation of the Tutor’s identity, his or her relevant experience, training and qualifications and of any authorisation and clearances which may be required by law or by any relevant professional body. The Company will also carry out Disclosure and Barring Service (“DBS”) checks for Tutors, check their Identity, I.D, address and CV and where appropriate (for example school placements) the Tutors QTS, PGCE (or equivalent) and a visa or right to work permit. It is up to tutors to check if their DBS is up-to-date and to add it to the Update Service online. Once Tutor House Limited has undertaken an initial DBS check, it’s up to tutors to ensure that they maintain future DBS checks or use the Update Service.
  3. 8.3  If at any stage during performance of the In-house Services, the Client has concerns about the competence, qualifications, suitability or performance of any Tutor, it must notify its concerns to the Company as soon as reasonably practicable, and the Company will then endeavour, in consultation with the Client, to satisfy those concerns (including, where appropriate and reasonably practicable, by seeking to provide an alternative Tutor to perform some or all of the unperformed In-house Services).
  4. 8.4  Subject to the other paragraphs under this heading “Tutors”, the Company shall have no liability for any loss or damage arising directly or indirectly from any act or omission of any Tutor introduced by the Company and providing any of the In-house Services.
  5. 8.5  The Tutors are not employees or agents of the Company and, save where expressly provided for in these Terms, no Tutor has any power or authority to increase, reduce, or vary the In-house Services as set out or referred to in the Order Confirmation and these Terms or to alter or waive any of these Terms or any of the provisions of the Order Confirmation, or to bind or commit the Company in any way.
  1. 8.6 Nothing in these Terms shall exclude or limit in any way the Company’s liability for death or personal injury caused by its negligence; or for its fraud or fraudulent misrepresentation;or for any breach of the obligations implied by section 2 of the Supply of Good and Services Act 1982; or for any losses for which the Company is prohibited to limit liability by section 7 of the Consumer Protection Act 1987;for breach of a Client’s legal rights in relation to the In- house Services, including the right to receive services which are as described and supplied with reasonable skill and care; or for any other matter for which it would illegal or unlawful for the Company to exclude or limit or attempt to exclude or limit its liability.
  1. 8.7 If a client wishes to employee a tutor full time, in a permanent role, the client must inform Tutor House Limited in writing. Switching from a temporary (daily, weekly or monthly contract) to a permanent role is straightforward, the client pays a one-off fee of £3750 or 20% of the tutors’ annual salary to Tutor House limited. The tutor is then employed directly by the client.

9 Events outside Our Control

9.1 The Company will not be liable for any failure to perform, or delay in the performance of, any of our obligations under these Terms which is caused by any of the following:

  1. (a)  strikes or other industrial action;
  2. (b)  civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or the threat for war;
  3. (c)  fire, explosion, storm, flood, earthquake, subsidence, accident, epidemic or other natural disaster
  4. (d)  substantial disruption to the use or availability of railways, motor transport, aircraft or other means of public or private transport;
  5. (e)  substantial disruption to the use or availability of any public or private telecommunications, internet or other communications networks or facilities, or of any utilities;
  6. (f)  any non-compliance by the Client with these Terms; or
  7. (g)  any other act, event, non-occurrence, omission, or accident which is beyond the Company’s reasonable control.

9.2 So far as reasonably practicable, the Company will seek, in consultation with the Client, to find a solution by which our obligations under these Terms can continue to be performed (in whole or in part), notwithstanding the Force Majeure Event and/or to extend the time for performance of our obligations under these Terms after the Force Majeure Event ceases. However, if the Force Majeure Event prevents the Company from performing all (or substantially all) of the outstanding In-house Services for more than 4 weeks, the Company shall, without limiting its other rights or remedies, have the right to terminate its agreement with the Client immediately by giving written notice to the Client.

Termination

10.1 Without limiting its other rights or remedies, either the Client or the Company may terminate the agreement relating to the provision of In- house Services with immediate effect by giving written notice to the other if:

  1. (a)  the other commits a material breach of these Terms and (if such breach is remediable) fails to remedy it within 5 business days after being notified in writing of the breach
  2. (b)  a petition is filed, a notice is given, a resolution is passed or an order is made, for or in connection with the winding up of that other, or that other (being an individual) is the subject of a bankruptcy petition or order;
  3. (c)  an application is made to court or an order is made for the appointment of an administrator or a notice of intention to appoint an administrator is given or an administrator is appointed over that other or a receiver or an administrative receiver is appointed over some or all of the assets of that other;
  4. (d)  that other suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or begins negotiations with all or any class of its creditors with a view to rescheduling any of its debts or makes proposal for or enters into any compromise or arrangement with its creditors; or
  5. (e) any event occurs or proceeding is taken with respect to that other in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events or matters identified in sub-paragraphs (b) to (d) of this paragraph 10.1.

10.2 Save as expressly stated in these Terms, termination of the agreement for the provision of services either under paragraph 10.1 or under any other provision of these Terms shall not affect any rights, remedies, obligations and liabilities of the Company or the Client accrued as at the date of such termination. Any provisions of these Terms which expressly or by implication have effect or are intended to have effect after such termination shall continue in full force and effect.

11 General

  1. 11.1  Assignment You may not transfer any of your rights or obligations under these Terms to any other person without our prior written consent, which we may give or withhold as we think fit. We may transfer or assign all or any of our rights and obligations under these Terms and under the agreement with you relating to the provision of the In-house Services to any other person without your consent.
  2. 11.2  Notices All notices from you to us must be sent to us by post or delivered personally or by e-mail at the postal and e-mail addresses shown on the Order Confirmation (or such other addresses as we may from time to time notify you in writing). We may give any notice to you at the postal and e-mail address indicated for you in the Order Confirmation (or such other addresses as you may from time to time notify to us in writing for this purpose). Any such notice by e-mail will be deemed to have been received (unless it has been returned as “undelivered”) at 9am on the next business day after the day on which it was sent. Any notice left personally at the relevant postal address referred to in this paragraph shall be deemed to have been received at the time it was left (if that time was before 5:30pm on a business day) or at 9am on the next following business day (if it was received after 5:30pm on any day). Any such notice sent by pre-paid first class post or recorded delivery to any such address shall be deemed to be received at 9am on the second business day after the day on which it was posted.
  1. 11.3  Data Protection We will only use any personal information which you provide to us in accordance with our Privacy Policy.
  2. 11.4  Waivers etc If we do not insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights under these Terms, that will not mean that we have waived rights or that you do not have to comply with those obligations. If we do waive default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
  3. 11.5  Rights of Third Parties No person other than the Company and the Client shall have any rights under or in connection with these Terms by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
  4. 11.6  Governing Law and Jurisdiction These Terms and the agreement between you and us for the provision of the In-house Services shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts in

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Terms of Business with Tutors for In-house Services and Working in Schools

Definitions
1.1 In these Terms:

“business day” means any day other than a Saturday, Sunday or public holiday in England;

“Client” means the person(s) with and for whom the Company agrees to provide Services;

“Company” means Tutor House Limited;
“Force Majeure Event” means one of the events within paragraph 9.1;

“Confirmation” means confirmation by the Company to the Tutor of the Tutor’s agreement to provide the Tuition;

“Services” means the group tuition and other educational services agreed to be provided by the Company to the Client (comprising or including the Tuition and teaching);

“Student(s)” means the person or people to whom Tuition is agreed to be provided;

“Terms” means these Terms of Business with Tutors;
“Tuition” means the tuition and other educational services which the Tutor has agreed with the Company to provide to the Client;

“Tutor” means any tutor introduced by us to the Client for the purpose of providing the Tuition;

“you” or “your” refer to the Tutor;
“we”, “us” and “our” refers to the Company; “writing” and “written” includes faxes and e-mails.

  1. 1.2  References in these Terms to “person” include any individual, company, corporation, partnership, firm, association or other entity (whether or not having legal personality); and references to “paragraphs” are to the numbered paragraphs of these Terms.
  2. 1.3  The headings in these Terms are intended to provide general guidance, but do not affect their legal interpretation.

2 The Contract

  1. 2.1  These Terms and the Confirmation (as varied or supplemented, if applicable, by agreement in writing between you and us) set out the whole agreement between you and us for the provision of the Tuition. If there is any inconsistency between these Terms and the Confirmation, the Confirmation or Confirmation Email will prevail.
  2. 2.2  The agreement between you and us for the provision of the Tuition will come into existence and become legally binding on the earlier of:(a) you confirming to us (orally or in writing) your agreement or acceptance of the Confirmation; and

(b) the date on which you actually start to provide Tuition to a Student.

2.3 No terms or provisions proposed or put forward by you which are inconsistent with or purport to add to, vary or omit any of these Terms or the Confirmation form part of the agreement between you and us, unless they are expressly agreed to in writing by the Company.

3 Tutor’s Commitments

  1. 3.1  The Tutor will provide the Tuition with all due care and skill, in conformity with these Terms and the Confirmation and in compliance with all applicable statutory and regulatory requirements and standards of best practice.
  2. 3.2  The Tutor shall take all appropriate steps to safeguard and protect the interests of the Student.
  3. 3.3  The Tutor warrants and represents to the Company that all written and oral statements and information provided by the Tutor to the Company for the purposes of or in connection with the Tuition, including (but not limited to) personal information about the Tutor and/or your qualifications, credentials, references and suitability for providing the Tuition were when provided and remain true, complete and accurate.
  1. 3.4  The Tutor agrees that, save with the prior written consent of the Company, he/she will not during the period of 12 months after the date on which you cease to provide the Tuition, provide any other tuition or educational services to the Client or the Student (apart from the Tuition) or to any sibling or other relative of the Student or the Client or to any person introduced, directly or indirectly, to the Tutor by the Client or the Student.
  1. In the event that one of the below scenarios occurs within 12 months of an ‘Introduction’ by Tutor House Limited, the ‘Tutor’ agrees to pay Tutor House Limited an ‘Introduction Fee’ to continue working with the ‘Client’ in question;
  2. a) the ‘Tutor’ provides educational services to a ‘Client’ or any school or other education establishment, other than through Tutor House Limited; or
  3. b) the ‘Tutor’ introduces a ‘Client’ to another ‘Tutor’ or third party who provides educational services to that ‘Client’ other than directly through Tutor House Limited.

The ‘Introduction Fee payable will be calculated as being equivalent to 30 hours worth of tutoring or teaching at the full rate charged or to be charged to the ‘Client’ by the ‘Tutor’.

  1. 4  Dates, Locations and Extent of Tuition
    1. 4.1  The date(s) and location(s) of the Tuition will be stated in the Confirmation.
    2. 4.2  The Tutor will make all reasonable efforts to ensure that the Tuition is actually provided on the dates (or within the periods) agreed in accordance with paragraph 4.1. If events or circumstances outside the reasonable control of the Tutor prevent the Tutor from doing so, the Tutor will make every reasonable effort, after appropriate discussion with the Company, to ensure that the Tuition is provided as soon as reasonably practicable.
    3. 4.3  The Tutor will not provide or agree to provide any services or carry out any work for the Client or the Student other than the Tuition, save with the prior written consent of the Company.
    1. 4.4  No agreement between the Client (or the Student) and the Tutor which purports to have the effect of increasing, reducing or varying the Tuition or altering these Terms or the provisions of the Confirmation will be effective or binding on you or us, unless it is expressly provided for in these Terms or confirmed in writing by both you and us.

5  Information and Assistance from Tutor

  1. 5.1  The Tutor must provide to us, in a timely manner, any information and instructions which the Company or the Client or the Student from time to time reasonably request to enable the Tuition to be performed in accordance with these Terms and the Confirmation. If you fail to do so, the Company may immediately terminate the agreement between us for the provision of the Tuition (if that failure has a material detrimental impact on our ability to provide the Services) or levy an additional reasonable charge (which you shall be obliged to pay) for any additional cost or expense incurred by the Company as a result of such failure.
  2. 5.2  Where any Tuition is to be provided on any premises of or designated by the Client or the Student, the Company will request the Client to provide the Tutor, in a timely manner, with sufficient details of the relevant location, to ensure that appropriate access is available to the Tutor at all relevant times and that such premises are suitable and safe for the provision of the Services.

6 The Tutor’s Charges

  1. 6.1  The Tutor’s charges for the Tuition are as set out or referred to in the Confirmation or as otherwise agreed in writing between the Company and the Tutor.
  2. 6.2  Where any Tuition is charged at a rate per hour or per day, it will be charged for on a proportionate basis for any period of less than an hour.
  3. 6.3  Unless otherwise provided for in the Confirmation or agreed in writing by the Company, the Tutor’s charges for providing the Tuition shall be paid by us on the later of:
    1. (a)  the last business day of the calendar month in which the relevant Tuition is actually provided; and
    2. (b)  the last business day of the calendar month in which the Company is paid or reimbursed by the Client for the Services.
  4. 6.4  The Tutor’s charges are inclusive of any applicable value added tax.
  5. 6.5  The Tutor shall not be entitled to charge the Company for any expenses incurred by the Tutor in the provision of the Tuition, including (but not limited to) travel expenses, hotel costs, subsistence and any associated expenses, unless the Client has agreed with the Company to pay for (and has paid for) such expenses.
  1. 6.6  Unless otherwise expressly agreed in writing by the Company, the Tutor shall not receive or accept from the Client or any Student or any other person any sums due to the Company for the provision of the Services.
  2. 6.7  The Tutor shall promptly provide to the Company, as requested by the Company from time to time, written details of all time incurred by the Tutor in providing the Tuition during that calendar month. The Tutor shall promptly provide to the Company, as reasonably requested by the Company from time to time, all such other information relating to the performance of the Tuition as the Company may request. All information provided by the Tutor to the Company under this paragraph or otherwise in connection with the performance of the Tuition shall (when provided) be true, complete and accurate and shall remain so.

7 Cancellation

  1. 7.1  If the Tutor is unable, because of illness or other incapacity or for some other reason outside his or her reasonable control, to provide any Tuition at the times and dates provided for in these Terms, the Tutor shall give as much prior written notice to the Company as is reasonably practicable.
  2. 7.2  If the Client cancels the Tuition, the Company will give as much prior written notice to the Tutor, as is reasonably practicable.
  3. 7.3  Where any notice is given under paragraph 7.1 or 7.2, the Tutor and the Company shall each make every reasonable effort to agree a suitable alternative time and date, which shall be as soon as reasonably practicable for all parties, for the provision of the postponed Tuition.
  4. 7.4  If the Company, the Client and the Tutor are unable within 5 business days after receipt of a notice under paragraph 7.1 or 7.2 to agree on a new time and date for the postponed Tuition, the Tutor will have no obligations to provide the postponed Tuition and no charge under paragraph 6 shall be made by the Tutor for the postponed Tuition, unless
  5. 7.4.1  the Client cancelled the Tuition 48 hours or less before the time at which the postponed Tuition was originally due to be provided;
  6. 7.4.2  the Client was not entitled to cancel the Tuition under the Consumer Contracts Regulations 2013; and
  7. 7.4.3  the Company has been paid by the Client for the postponed Tuition, in which case, the Tutor’s charges for the Tuition will be paid by the Company.

8 Status of Tutor, Other Obligations and Exclusions

  1. 8.1  Subject to paragraphs 8.4, the Company shall have no liability for any loss or damage arising directly or indirectly from any act or omission of the Tutor. The Tutor shall indemnify the Company and keep the Company fully and effectively indemnified on demand against any actions, suits, claims, costs, demands, losses, damages, expenses, liabilities and payments which may be brought against or suffered or incurred by the Company as a result of or in connection with, directly or indirectly, the provision of the Tuition by the Tutor, any act or omission by the Tutor and any breach or non-performance of these Terms by the Tutor.
  2. 8.2  The Tutor is not an employee or agent of the Company and, save where expressly provided for in these Terms, you have no power or authority to increase, reduce, or vary the Tuition as set out or referred to in the Confirmation and these Terms or to alter or waive any of these Terms or any of the provisions of the Confirmation, or to bind or commit the Company in any way.
  3. 8.3  The Tutor shall duly and promptly pay all income tax and national insurance contributions in relation to all charges and sums payable to the Tutor by the Company and shall be responsible for completing and submitting all relevant assessments, returns and other information to HM Revenue & Customs in relation to such charges and sums and to his taxation affairs generally. The Tutor shall indemnify the Company and keep the Company fully and effectively indemnified on demand against all income tax, national insurance contributions and related penalties and/or interest in respect of any charges paid or payable by the Company to the Tutor for the Tuition, and any reasonable costs incurred by the Company in recovering any such sum due by the Tutor to the Company under this paragraph.
  1. 8.4  The Company shall have no liability to the Tutor for any loss, damages, expenses, payments or injury which the Tutor may incur arising from the security or state or condition of any premises in which the Tuition is provided or from any act or omission of the Client, the Student or any third party occurring on any such premises or otherwise during the course of or in connection with the provision of the Tuition.
  2. 8.5  Nothing in these Terms shall exclude or limit in any way the Company’s liability for death or personal injury caused by its negligence; or for its fraud or fraudulent misrepresentation; or for any breach of the obligations implied by section 2 of the Supply of Good and Services Act 1982; or for any losses for which the Company is prohibited to limit liability by section 7 of the Consumer Protection Act 1987; or for any other matter for which it would illegal or unlawful for the Company to exclude or limit or attempt to exclude or limit its liability.

9 Events outside Our Control

9.1 The Company will not be liable for any failure to perform, or delay in the performance of, any of our obligations under these Terms which is caused by any of the following:

  1. (a)  strikes or other industrial action;
  2. (b)  civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or the threat for war;
  3. (c)  fire, explosion, storm, flood, earthquake, subsidence, accident, epidemic or other natural disaster;
  4. (d)  substantial disruption to the use or availability of railways, motor transport, aircraft or other means of public or private transport;
  1. (e)  substantial disruption to the use or availability of any public or private telecommunications, internet or other communications networks or facilities, or of any utilities
  2. (f)  any non-compliance by the Tutor with these Terms or any non compliance by the Client with any of its contractual obligations to us in relation to the Services; or
  3. (g)  any other act, event, non-occurrence, omission, or accident which is beyond the Company’s reasonable control.

9.2 So far as reasonably practicable, the Company will seek, in consultation with the Tutor, to find a solution by which our obligations under these Terms can continue to be performed (in whole or in part), notwithstanding the Force Majeure Event, and/or to extend the time for its performance of our obligations under these Terms after the Force Majeure Event ceases. However, if the Force Majeure Event prevents the Company from performing all (or substantially all) of its obligations for more than 4 weeks, the Company shall, without limiting its other rights or remedies, have the right to terminate its agreement with the Tutor immediately by giving written notice to the Tutor

10 Termination

10.1 Without limiting its other rights or remedies, either the Tutor or the Company may terminate the agreement between you and us relating to the provision of Tuition with immediate effect by giving written notice to the other if:

  1. (a)  the other commits a material breach of these Terms and (if such breach is remediable) fails to remedy it within 5 business days after being notified in writing of the breach;
  2. (b)  a petition is filed, a notice is given, a resolution is passed or an order is made, for or in connection with the winding up of that other, or that other (being an individual) is the subject of a bankruptcy petition or order;
  1. (c) an application is made to court or an order is made for the appointment of an administrator or a notice of intention to appoint an administrator is given or an administrator is appointed over that other or a receiver or an administrative receiver is appointed over some or all of the assets of that other;
  1. (d)  that other suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or begins negotiations with all or any class of its creditors with a view to rescheduling any of its debts or makes a proposal for or enters into any compromise or arrangement with its creditors; or
  2. (e)  any event occurs or proceeding is taken with respect to that other in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events or matters identified in sub-paragraphs (b) to (d) of this paragraph 10.1.

10.2 Save as expressly stated in these Terms, termination of the agreement between you and us for the provision of the Tuition either under paragraph 10.1 or under any other provision of these Terms shall not affect any rights, remedies, obligations and liabilities of the Company or the Tutor accrued as at the date of such termination. Any provisions of these Terms which expressly or by implication have effect or are intended to have effect after such termination shall continue in full force and effect.

General

11.1 Assignment

You may not transfer any of your rights or obligations under these Terms to any other person without our prior written consent, which we may give or withhold as we think fit. We may transfer or assign all or any of our rights and obligations under these Terms and under the agreement with you relating to the provision of the Tuition to any other person without your consent.

11.2 Notices

All notices from you to us must be sent to us by post or delivered personally or by e-mail at the postal and e-mail addresses shown on the Confirmation (or such other addresses as we may from time to time notify you in writing). We may give any notice to you at the postal and e-mail address indicated for you in the Confirmation (or such other addresses as you may from time to time notify to us in writing for this purpose).

Any such notice by e-mail will be deemed to have been received (unless it has been returned as “undelivered”) at 9am on the next business day after the day on which it was sent. Any notice left personally at the relevant postal address referred to in this paragraph shall be deemed to have been received at the time it was left (if that time was before 5:30pm on a business day) or at 9am on the next following business day (if it was received after 5:30pm on any day).

Any such notice sent by pre-paid first class post or recorded delivery to any such address shall be deemed to be received at 9am on the second business day after the day on which it was posted.

11.3 Data Protection

We will only use any personal information which you provide to us for the purposes of performing the Services or to inform you about similar services which we provide (unless you tell us that you do not want to receive this information).

11.4 Waivers etc

If we do not insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights under these Terms, that will not mean that we have waived rights or that you do not have to comply with those obligations. If we do waive default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

11.5 Rights of Third Parties

No person other than the Company and the Tutor shall have any rights under or in connection with these Terms by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

11.6 Governing Law and Jurisdiction

These Terms and the agreement between you and us for the provision of the Tuition shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts in relation to these Terms and such agreement.

11.7 DBS Checks

You, the Tutor, are solely responsible for updating your DBS, once Tutor House has checked it, and to provide a copy, if required, to the Client. We advise you to add your DBS to the Update Service within 14 days of receiving your DBS.

Disclaimer – The personality test that tutors take on the Tutor House website is not a complete and accurate representation of the personality of the tutor. Equally when clients (parents and/or students) undertake a search to match their personality with that of a tutor, we can not take any responsibility that the personality match will be exact. Whilst we’ve done our upmost to select the correct tutor based on a clients specific personality requirements, result may not be accurate. Tutor House does not take responsibility for inaccurate tutor personality matching.