Last updated: October 21, 2022
In this agreement:
“Platform” means a third-party tuition business management software for the purposes of scheduling lessons, invoicing of Clients and payments to Tutors and Principal Tutors.
“Principal Tutors” means Principal Tutors Ltd whose registered office is 20-22 Wenlock Road, London, England, N1 7GU Company Registration Number 11419630.
“Student” means either (1) the child for whom the Client has parental responsibility or (2) the Client where the Client is the Student.
“Tutor” means the Tutor introduced by Principal Tutors to the Client to provide tuition to the Student
Principal Tutors is responsible for:
– introducing Clients to an appropriate Tutor for their specific requirements and can accept no responsibility for the style or content of the tutoring sessions; the teaching methods and teaching manner which are at the Tutor’s discretion for which the Tutor is fully responsible.
– providing a Platform for the purposes of Tutors to record their schedules and hours taught and for the facilitation of payments to Tutors directly and Principal Tutors directly, via a payment splitting at source approach to billing.
The Client contracts separately with the Tutor for the provision of the tutoring services for which the Client pays the Tutor directly as provided in clause 1.4 below.
1 Tuition Fees
1.1 Tuition is billed by the hour and charged to the Client on a monthly or per-lesson basis in arrears.
1.2 The Client agrees to pay the tuition fee as agreed in writing or verbally by Principal Tutors.
1.3 The Client agrees to make all payments via debit/credit card via the Platform unless the Client is told otherwise by the Tutor, in which case the Client must inform Principal Tutors.
1.4 The tuition fee comprises the Tutor’s fee and Principal Tutors’ fee and the amount of both shall be made clear, which shall be charged as one combined sum and subsequently split at the moment of payment so that separate payments can be paid to the Tutor’s Stripe account and to Principal Tutors’ Stripe account via the Platform. Principal Tutors will not receive any money on behalf of the Tutor and the Client shall be responsible for paying the Tutor.
1.5 The Client shall pay the tuition fee within 3 days of the date the invoice is sent to the Client.
2.1 The Client agrees to co-operate with Principal Tutors and to provide sufficient information to enable Principal Tutors to select a suitable Tutor, including by providing the following:
2.1.1 the Client’s name;
2.1.2 the date on which the Tutor is required to commence work and the (likely) duration of the tuition;
2.1.3 the position which the Client seeks to fill, including:
(a) the type of work the Tutor would be required to do in that position;
(b) the location at which the Tutor would be required to work (e.g. home-based for online tuition);
(c) the hours the Tutor would be required to work; and
(d) any risks to health and safety known to the Client and what steps the Client has taken to prevent or control such risks.
2.1.4 the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law, or by any professional body, for the Tutor to possess in order to undertake the Client’s work;
2.1.5 the expenses payable by (or to) the Tutor; and
2.1.6 the remuneration (any any other benefits) which the Client would offer to the Tutor, and the intervals of payment to the Tutor;
2.2 Before proposing a particular Tutor to the Client, Principal Tutors shall have taken all reasonably practical steps to ensure that:
2.2.1 the Tutor and the Client are both aware of any requirements imposed by law that must be satisfied to enable the Tutor to commence tuition; and
2.2.2 it would not be detrimental to the interests of the Tutor or the Client for the Tutor to commence tuition.
2.3 Subject to clause 2.4 and 2.5, where the Student is under the age of 18, at the same time as Principal Tutors proposes a particular Tutor to the Client, Principal Tutors will provide the Client upon request with (“Tutor Information“):
2.3.1 the experience, training, qualifications and any authorisation which the Client considers are necessary of the Tutor; and
2.3.2 references of the Tutor.
2.4 Where Principal Tutors has taken all reasonably practicable steps but has been unable to provide the Tutor Information fully as described in clause 2.3, Principal Tutors may instead inform the Client of the details of the steps that Principal Tutors has taken to ensure the Tutor is suitable for the tuition.
2.5 Where the Student is under the age of 18 and Principal Tutors proposes a Tutor to the Client and the Tutor Information is not given to the Client in writing at the time, Principal Tutors will confirm the Tutor Information to the Client in writing as soon as possible and in any event no later than the end of the third business day following the day on which the Tutor was proposed to you;
2.6 If Principal Tutors obtains information that indicates that the Tutor may be unsuitable for the Client’s tuition within the following three months of the introduction, Principal Tutors shall inform the Client without delay of obtaining such information.
Changes to scheduled tutoring sessions should be kept to a minimum to avoid disruption to Student progress. Should the Client need to cancel or reschedule a tutoring session, the Client should contact the Tutor directly giving the Tutor 24 hours notice (except in unforeseeable circumstances). Please note that there can be considerable preparation involved before each tutoring session and therefore cancellations without 24 hours notice may be charged at the standard hourly rate.
4 Tutoring stopped by the Tutor
If a Tutor, for any reason, is no longer able to provide tutoring sessions for the Client, the Tutor must give 7 days’ notice to the Client and Principal Tutors. Principal Tutors will introduce to the Client an alternative Tutor subject to a suitable Tutor being available at the time.
5 Tuition stopped by the Client
The Client should give at least 7 days’ notice to the Tutor and to Principal Tutors if the Client decides to cancel the tuition. Provided that it is in best interests of the Student and both the Client and the Tutor agree, the requirement to give notice may be waived.
All expenses (e.g. books, travel) incurred by the Tutor must be agreed between the Client and the Tutor in advance.
7 Non – solicitation
Private arrangements for tuition with a Tutor introduced by Principal Tutors are not permitted. Should the Client breach this obligation, they will be liable to account to Principal Tutors for all sums paid to the Tutor without deduction and Principal Tutors shall be entitled to take legal action to prevent further breaches. This obligation shall continue notwithstanding termination of this agreement.
8.1 Principal Tutors is only responsible for finding Clients an appropriate Tutor for the specific subject. Principal Tutors does not accept and responsibility for the style or content of the tutoring sessions, the teaching methods and teaching manner, which are to be determined by the Tutor and are the total responsibility of the Tutor.
8.2 Principal Tutors does not accept any liability for any claims by the Client or the Student arising out of or related to the carrying out of the tutoring by a Tutor introduced by Principal Tutors. Nothing in this agreement shall operate to exclude liability for acts omissions or other liability which cannot be excluded by law.
9 Data Protection Act 2018, UK GDPR and Confidentiality
9.1 The Client agrees to the use of their personal data and that of their children or children for whom they are responsible for whom they are arranging a tutor by Principal Tutors for the purpose of effecting introductions to Tutors, for billing and fee collecting purposes and to enable Principal Tutors to contact the Client from time to time and Principal Tutors will use any client data for the purposes of the services that it provides under this agreement.
9.2 In addition to clause 9.1, the Client agrees to the storing of their data and/or confidential information in Principal Tutors’ records to the extent that is necessary to show that Principal Tutors has complied with relevant regulations and legislation.
Any opinion expressed by a Tutor is not necessarily an expression of the opinion of Principal Tutors.
11 Entire Agreement
Unless otherwise agreed in writing by Principal Tutors, the terms of this agreement shall prevail over any other terms or conditions put forward by the Client and such terms may be altered from time to time provided any such change has been notified to the Client.
12 Law and Jurisdiction
English law applies to this Agreement and the parties agree to the exclusive jurisdiction of the English courts if any disputes arise. Any complaints should first be raised with Principal Tutors.