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Here are our Terms and Conditions (the “Terms and Conditions”):

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DEFINITIONS

In these Terms and Conditions the following definitions apply:

“Agreed Hourly rate” means the hourly rate agreed between the client and the tutor for the tutor’s services.

“Client” means the person engaging the Tutoring Agency to identify and introduce a tutor to provide tutoring to the Student;

“Engagement” means the Client using a Tutor for tuition sessions;

“Student” means the person receiving the tutoring from the tutor introduced by the Tutoring Agency;

“Tutor” means any person introduced by the Agency to the Client for an Engagement;

“Tutoring Agency” means  OnlineTutorHub Ltd,  128 City Road, London ,EC1V 2NX

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GENERAL

The tutoring agency (Tutoring agency) acts as agent on behalf of the tutor (Tutor) and will introduce the Tutor to the client (Client).

The decision of a Client to request tuition from a Tutor shall form acceptance of these Terms and Conditions

No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by the Tutoring Agency.

Where the person who agrees these terms and conditions contracts on behalf of a company/organisation, they hereby confirm that they have authority to act on behalf of that entity.

If any part of these Terms and Conditions is held to be illegal, invalid or unenforceable in any respect such invalidity, illegality or unenforceability shall not prejudice the effect of the rest of these Terms and Conditions to the extent that they are valid, legal and enforceable.

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TUTORING AGENCY’S RESPONSIBILITIES

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The Tutoring Agency will use its reasonable endeavours to:

Identify and introduce a Tutor for each student which meets their educational needs.

Check the identity of all Tutors and carry out background checks on the Tutors.

 

Fees and Payment

 

A single statement is sent to the client, which details the fees due to both the agency and the tutor.

    

All payments are handled by a third party using Stripe express. This is operated by TutorCruncher who collect payments and split them between the tutor and the agency. Tutor Cruncher receive payments from the client into an independent account and this sum is then split between the tutoring agency and the tutor accordingly. Clients are aware of the split between agency fee and the tutor’s hourly fee.

 

Currently, supplies of tuition by independent tutors are exempt from VAT. If there are any changes to the VAT liability position, the client will be advised accordingly.

 

The fees will be calculated based upon the timesheets submitted by the Tutor. The agreed fee shall include the tutors fee, plus the agency platform fee. Clients agree an hourly rate with the tutor.

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Expenses

 

All expenses (including books) must be agreed with the Tutor in advance.

 

CLIENT’S RESPONSIBILITIES

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The Client agrees:

To ensure that all of the personal details and contact information provided to the Tutoring agency are accurate and up-to-date.

Not to circumvent or disintermediate, or attempt to circumvent or disintermediate, the Tutoring Agency in any way at the time of booking any Tutor, during any period of confirmed bookings with any Tutor or at any time within six months of the date of the most recent booking with the relevant Tutor.

The Client is not permitted to make private arrangements for tuition with a Tutor introduced by the tutoring agency. Should a Client breach this obligation, they will liable to account to the tuition agency for all sums paid to the Tutor without deduction and the tuition agency shall be entitled to obtain an injunction against the Client to prevent further breaches.  This obligation shall continue notwithstanding termination of this agreement.

 

To use their own independent judgement about the services of Tutors engaged by them, including as to the credentials, expertise, references, and qualifications of any Tutor with whom they confirm a booking.

To ensure that the Student has the correct equipment to be able to access the online platform used by the relevant Tutor. The Tutoring Agency will only issue refunds on behalf of the tutor in its absolute discretion where a Tutor is unable to give a lesson to a Student because of the non-availability of any such online platform.

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Liability

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We have no liability in respect of any arrangement you may choose to enter at your discretion with a Tutor. We will not be liable for any failure to provide services where we are prevented from doing so by an event outside of our reasonable control.

The Tutoring Agency shall not be liable or responsible for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by the Client as a result of the Introduction of a Tutor to the Client by the Tutoring Agency, the Engagement of a Client Introduced by the Tutoring Agency or the failure of the Tutoring Agency to Introduce any Tutor to the Client

 

Indemnity

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The Client shall indemnify the Tutoring Agency against any costs, liability, damages, loss, claims or proceedings which may arise out of its use of the Services or out of any breach of any part of these Terms and Conditions.

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Force Majeure

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Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

 

Cancellation Policy

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If the Client wants to cancel a lesson, they must do so no less than 24 hours in advance. Lessons cancelled less than 24 hours in advance will be charged at their normal rate.

The Tutor or Client may withdraw from the Engagement by providing a minimum of 7 calendar days’ notice to the other party.

Where the Clients exercises its cancellation right, it shall remain liable to the Tutor for any unpaid fees which shall become due and payable at the same time as the notice is given.

 

General

 

The tutoring agency reserves the right to alter these terms and conditions. The tutoring agency will, however, notify the Client in writing of any changes.

 

Unless otherwise agreed in writing by a Director of the tutoring agency these terms and conditions shall prevail over any other terms of business or conditions put forward by the client.

 

No variation or alteration of these terms and conditions shall be valid unless approved in writing by a Director of the tutoring agency.

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GOVERNING LAW AND JURISDICTION

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These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England & Wales.

Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions, their subject matter or formation (including non-contractual disputes or claims)

 

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Terms of Engagement for Tutors

 

 

The following arrangements are understood and agreed by both parties.

 

This Independent Tutor Agreement (the ‘Agreement’) sets forth the terms and conditions whereby you, an independent service provider fully-licensed (to the extent required by applicable law) and qualified to provide the services contemplated by this Agreement (the ‘Tutor’) agree to provide Tutoring to Students that you are introduced to by the Tutoring Agency.

These Terms and Conditions shall apply to the provision of services by the Agency to the Tutor (Principal)

DEFINITIONS

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‘Acceptance Of An Opportunity Of Work’ is defined as the verbal or written assent of the Tutor to contact a Client and arrange and provide Tuition.

‘The Agreement’ is defined as these Terms and Conditions.

‘The Client’ is defined as the parent, guardian, carer or Student responsible for paying for and arranging the tuition for the Student.

‘Principal’ means any tutor introduced by the Agency to a Client

‘The Student’ is defined as the recipient of the tuition.

‘The Tutor’ is defined as the provider of tutoring to the Student.

‘Tuition’ is defined as any paid instance of the Tutor teaching the Student.

“Tutoring Agency” means Online TutorHub Ltd  of 128 City Road London, EC1V2NX

 

GENERAL

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Tutors agree an hourly rate with clients and an agency fee is added to this.

Once a tutoring position has been confirmed, you are entering into a contract between you (the tutor) and the client (the student, or the students parent/guardian). The tutoring agency acts as an agent on behalf of the tutor and the student. The tutoring agency is only responsible for finding students and an appropriate teacher for the specific subject and is not responsible for the content of lessons and the teaching methods. The tutoring agency does not handle payments on behalf of the tutor: this is carried out by a third party (Tutor Cruncher) using Stripe Express.

The Tutor is an independent contractor and has entered into this Agreement for the purpose of offering their services to Clients and Students introduced to them by the Tutoring Agency. This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between Tutor and the Tutoring agency. Tutor has no authority (and shall not hold himself or herself out as having authority) to bind the Tutoring Agency and Tutor shall not make any agreements or representations on the Tutoring Agency’s behalf without the Tutoring Agency’s prior written consent.

The Principal hereby appoints the Agent as its non-exclusive agent, and the Agent hereby agrees to act in that capacity.

The above appointment of the Agent shall be for the introduction of the Principal to members of the public for Services, and shall be subject to these terms and conditions.

The Agent shall at all times act dutifully and in good faith in all relations and dealings with and on behalf of the Principal.

The Tutoring Agency is under no obligation to provide Opportunities Of Work to Tutors, although it will endeavour to do so.

Tutors are under no obligation to accept Opportunities Of Work.

There is no fixed length of engagement or minimum hourly requirement pertaining to any Opportunity Of Work, and as such Tuition is arranged entirely at the discretion of the Client.

Upon accepting an Opportunity Of Work, the Tutor must make every attempt to arrange a first session date with the Client within 24 hours.

 

If, following an Acceptance Of An Opportunity Of Work but before any lessons have taken place, the Tutor is unable to arrange a first session date for whatever reason, the Tutor shall inform the Tutoring Agency in writing as soon as possible so an alternative Tutor can be found.

The terms of contract entered into with the client shall be in the form provided unless otherwise agreed by the tutoring agency.

 

Private Arrangements

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In consideration of providing you with students, you are not permitted to make private arrangements for tuition with clients introduced by the tutoring agency with new clients introduced by clients.  Should you breach the obligation, you will be liable to account for all sums received by you from the client/new client without deduction and shall be entitled to obtain an injunction against you to prevent further breaches. This obligation shall continue notwithstanding termination of the Agreement.

 

Any work referred to a tutor by a client of the tutoring agency must be billed using Stripe Express and by the third party Tutor Cruncher.  Hourly rates are negotiated by the tutor and the client.

It is the responsibility of the Tutor to provide a high standard of Tuition to the Student: to establish the expectations of Tuition with the Client, to research the specific requirements of any relevant syllabus or examination, to be prepared for each lesson.

The tutor will provide the agency with a copy of their Enhanced Disclosures and Barring Service check.

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Environment

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You and the client are responsible for finding and agreeing on a suitable environment in which tuition can take place.

 

Payment

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All payments are made by the client and are handled by a third party using Stripe express. This is operated by TutorCruncher who collect payments and split them between the tutor (the tutor’s hourly rate) and the agency (the agency fee).   Tutor Cruncher receive payments from the client into an independent account and this sum is then split between the tutoring agency and the tutor accordingly

 

Principal’s Obligations

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The Principal shall:

Act dutifully and in good faith in all relations and dealings with the Agent;

By expression in and acceptance of an interest in an introduction confirm acceptance of these terms and conditions;

Provide the Agent with detailed information on time spent on each tutoring session to enable the Agent to raise statements/invoices for the respective fees to the Client at the end of each session;

 

Cancellation policy

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Both the client and the tutor must notify the other in advance of any holiday commitments they may have and any changes to the tuition timetable necessary because of illness. An alternative date will be arranged. The tutoring agency recommend that you agree a 24-hour cancellation policy with the client so that the tutoring agency can charge them if they cancel the lesson at short notice. The tutor must notify the tutoring agency as soon as possible and within 24 hours of the time of the original lesion in case of a late cancellation to claim the charges.

All lessons are recorded and charged to the client by Tutor Cruncher using Stripe Express and the tutor must ensure that this is the case

The tutor must not share confidential Client or Student details to any other Tutor or person, (except as required by law upon request from an authorised body) thereby breaching The Data Protection Act, the GDPR and compromising privacy

The tutor will contact  the tutoring agency if the client recommends tuition to a new client. Any recommendations must be directed to the tutoring agency. The tutoring agency will ensure that the tutor whom has gained the recommendation will have the first choice to take up the new

 

Relationship of the Parties

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The relationship of the parties under these terms and conditions shall be that of Agent and Principal. Nothing in these terms and conditions shall be construed to place the parties in the relationship of partners, employer, employee, worker or joint venturers.

Neither party shall have the right or power to obligate or bind the other in any manner whatsoever.

The tutoring agency will introduce the tutor to the parent but will not supervise, direct or control the tutor in any way once lessons have taken place.Severance

The Parties agree that, in the event that one or more of the provisions of these terms and conditions is found to be unlawful, invalid, or otherwise unenforceable, that those provisions shall be deemed severed from the remainder of these terms and conditions. The remainder of these terms and conditions shall be valid and enforceable

 

Damages

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The tutoring agency does not accept liability for any claims by the client arising out of or related to the carrying out of the tutoring by you and you agree to indemnify the tuition agency without limit in respect of any such claims.

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Confidentiality

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You undertake that you shall not at any time during this agreement and for a period of five years after termination of this agreement, disclose to any person any confidential information concerning the business affairs, customers, clients or suppliers of except that you may disclose the tuition agency’s confidential information as may be required by law, court order of any governmental or regulatory authority.

 

You shall not use the tuition agency’s confidential information for any purpose other than to perform your obligations under this agreement.

TERMINATION:

Both the Tutoring Agency and the Tutor may terminate this Agreement with one week’s written notice. Such termination does not discharge any outstanding commission liabilities.

GOVERNING LAW AND JURISDICTION

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England & Wales.

Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement, its subject matter or formation (including non-contractual disputes or claims)

DATA PROCESSING:

The data controller for the Tutoring Agency is James Key, 128 City Road, London, EC1V2NX

The lawful basis for processing your data at the application stage was the legitimate interest of the tutoring agency to process your application, but further processing is now dependent upon your consent, except where processing is required to fulfil the Tutoring Agency’ legal obligations, or where official authorities have made formal requests, or where disclosure is in the vital interests of data subjects.

We will store and process all or some of the following data about you:

• Your name

• Your address

• Your phone number

• Your email address

• Details of your training, experience and qualifications

• Your DBS certificate number, date of issue and countersignatory

• References

• Copy of your photographic ID

• Copies of relevant qualification certificates

 

Your data could be stored:

•     on a laptop

•     on a mobile phone

•     in a notepad

•     in a cloud storage system which is GDPR compliant

•     on a tablet

• on an external hard drive

In each of the above instances, the tutoring agency will take reasonable steps to protect your data from being lost or from unauthorised access or use.

You are entitled to request a copy of all data stored about you at any time. You also have the right to request that any inaccurate information is corrected. Furthermore, you have the right to request that your data is deleted, except where doing so would infringe upon our legal obligations of record keeping.

We will store your full data:

•     for two years after registration if we are unable to provide you with any Opportunities of Work

•     for five years after the January following the end of the tax year in which you last conducted Tuition for a Student

 

Your data will be processed in the following ways:

•     to comply with record-keeping legislation

•     to comply with our HMRC tax records obligations

•     to contact you about Opportunities for Work

•     your name and a summary of your qualifications and experience will be provided to Clients

•     we will occasionally contact you for feedback about the Client and Student and how Tuition sessions are going

•     we will contact you regarding the transfer of timesheets and commission

 

You have the right to withdraw consent for any of these processing purposes at any time, although some of these consents are required to provide our core service.

 

 

Data Protection Act

 

The tutoring agency uses tutor data for the purposes of the services that it provides. Tutors providing personal data consent to the use of that data by the tutoring agency for the purpose of effecting introductions to clients, for billing and fee collecting purposes and to enable the tutoring agency to contact the tutor from time to time.

 

The tutoring agency reserves the right to alter these terms and conditions. The tutoring agency will, however, notify you in writing of any changes.

 

Unless otherwise agreed in writing by a Director of the tutoring agency these Terms and Conditions shall prevail over any other terms of business or conditions put forward by you.

 

No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by a Director of the tutoring agency

 

 

Data Protection for Clients

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The tutoring agency has a duty to ensure confidentiality to protect the integrity of your data. They will not disclose any information of a confidential nature unless required by law to do so. We have extensive features in place to protect all personal data held. These include:

All computer access is secured with strong password authentication, and access to shared network drives is limited to authorised personnel

Passwords are changed periodically

Data is stored on secure and encrypted hosted infrastructure only accessible by authorised staff

Data that we collect about you may be transferred to, accessed, used or stored in a country outside the European Economic Area but we will make sure that any transfer, access and use of your personal data complies with the laws which apply to us and will continue to be governed by this privacy policy

All computers have anti-virus & anti-malware software installed which is updated continually

All networks are secured using firewalls to protecting incoming and outgoing traffic to the internet.

Unfortunately, the transmission of data over the internet is not completely secure and although we use our best efforts to protect your data once it has been received, we cannot guarantee the security of your data while it is being transmitted, either as an email, enquiry form, phone call or other communication.

 

Complaints or queries.

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We try to meet the highest standards when collecting and using personal information. For this reason, we take any complaints we receive about this very seriously. We encourage people to bring it to our attention if they think that our collection or use of information is unfair, misleading or inappropriate. We would also welcome any suggestions for improving our procedures.

Your rights.

At any time, you have the right to ask us what information we hold about you, to access and rectify this information and to erase and to restrict the processing of data we hold. You also have the right to object to any data that we hold, and the right not to be subject to automated decision-making, including profiling.

Erasure of your material.

At your request, we will remove all personal data held about you, with the exception of billing information, or any other information, that we are required to keep by law.

Portability of your data.

We can provide basic contact information in the form of a .csv. If you would like to download your detailed profile data for use with another data controller, you can log in to your account and copy and paste this information. We are unable to export complete records as we do not have the facility to do this but we can send screenshots.

Restriction of data processing.

If at any point you wish us to stop processing your information, for the purposes we explained previously, you may do so by calling, emailing or writing to us.

Access to personal information.

We try to be as open as possible in terms of giving people access to their personal information. Individuals can find out if we hold any personal information by making a ‘subject access request’ under the Data Protection Act 1998. If we do hold information about you we will: give you a description of it; tell you why we are holding it; tell you who it could be disclosed to and let you have a copy of the information in an intelligible form. To make a request to us for any personal information we may hold you need to put the request in writing.

Disclosure of personal information.

We will not disclose personal data without consent. However, if we are required by law to disclose information, we will do so. This privacy notice does not cover the links within our website linking to other websites. We encourage you to read the privacy statements on the other websites you visit.

Use of your data.

We use some of your data to perform our legitimate interest in introducing tutors to parents. In the first instance, we never share surnames or personal contact details. However, when both tutor and student have agreed to work together, we share all contact details, so that the parties may arrange tuition. Parents and students pay a registration fee and provide information about their address.

We might use your personal data for internal analysis to identify trends in our business. This data is anonymous and will not be traceable back to you.

We do not share your personal data with any external companies.

We will always make full use of your personal data to collect any debt that is owed to us or to notify you of any changes to our service that will affect you.

We may also from time to time, survey you, or ask you questions in an email. Your responses are held securely and not shared with others. We may use a comment you have made about our service in our marketing material but we will never use your name, without specifically asking you if we can.

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Consent.

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By agreeing to commence lessons through the Tutorhub platform, you have additionally given us implicit consent to use your information in order to allow us to fulfill the terms of our agreement with you.

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Data Breaches.

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We have rigorous procedures in place to prevent data breaches. In the event of a breach that is likely to result in a high risk to the rights and freedoms of individuals, we will notify those affected directly and we will also notify the DPC.

How to contact us or make a complaint.

Requests for information about our privacy policy can be emailed to the DPC (info@tutorhub.online)