Last updated: October 21, 2022
The words used in this agreement have the following meanings:
“Client (s)” means the student, parent of the student or the student’s representative to whom the Tutor agrees (or is considering to agree) to provide tutoring services.
“Introduction” means the introduction of a Client requiring tuition services to a Tutor via the exchange of contact details to both parties via the Platform.
“Invoice” means an invoice created by the Platform, based on data supplied by the Tutor and Principal Tutors for the tuition fees payable by the Client comprising of the Tutor’s fees and Principal Tutor’s fee.
“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 the person who is being tutored by the Tutor.
“Tutor” means the Tutor selected by Principal Tutors to provide tuition to the Student.
The parties agree as follows:
1.1 The terms of this Agreement (and any amendments to such terms as previously notified to the Tutor) will apply to all current and future Introductions accepted by the Tutor.
1.2 The Tutor may accept an Introduction either verbally or in writing and once accepted agrees to provide tutoring services for the Client in accordance with the terms of this Agreement.
1.3 There is no obligation on Principal Tutors to provide the Tutor with an Introduction and no obligation on the Tutor to accept any Introduction. Before offering an Introduction to the Tutor, Principal Tutors shall have taken all reasonable practical steps to ensure that:
1.3.1 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
1.3.2 it would not be detrimental to the interests of the Tutor or the Client for the Tutor to commence tuition.
1.4 Subject to clause 1.5, at the same time as an Introduction is offered to the Tutor, Principal Tutors will provide the Tutor with the following information (“Assignment Information“):
1.4.1 the name and contact details of the Client (and if applicable the nature of its business);
1.4.2 the date on which the Client requires the Tutor to start and its (likely) duration;
1.4.3 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 or hours per week during which 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.
1.4.4 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;
1.4.5 the remuneration (any any other benefits) which the Client would offer to the Tutor; and
1.4.6 the length of notice which a Tutor would be required to give, and entitled to receive, to terminate the arrangement with the Client (as stated in clause 5.1).
1.5 Principal Tutors may offer an Introduction orally over the telephone and/or via an electronic communication. Where Principal Tutors does so, and the Assignment Information is not given in writing at the time the Introduction is offered, Principal Tutors will confirm the Assignment Information to the Tutor 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 Introduction was offered to the Tutor.
1.6 The Tutor will not be required by Principal Tutors or the Client to incur expenses.
2 Accepting an Introduction
2.1 Following the acceptance of an Introduction, the Client’s contact details will be released to the Tutor. The Tutor should not contact the Client unless it is for the purpose of arranging tuition and the Tutor should not share the Client’s contact details with anyone.
2.2 Subject to clause 2.3, the Tutor should contact the Client as soon as possible and no later than 24 hours of receiving the contact details.
2.3 Before the Tutor contacts the Client, the Tutor should send confirmation to Principal Tutors that:
2.3.1 the Tutor is willing to work in the position which the Client requires to be filled;
2.3.2 the Tutor has the relevant experience, qualifications, training and authorisations to work in the position which the Client requires to be filled; and
2.3.3 nothing in any employment or other contract between any third party such as a school prohibits the Tutor from engaging the services set out in this Agreement.
2.4 Should the Client be satisfied with the Tutor as their provider of tuition services the Tutor and the Client will agree a mutually convenient time slot and location for the tutoring to take place or online tutoring platform in the case of online tuition.
2.5 The Tutor should advise Principal Tutors as soon as possible and no later than 24 hours after receiving the contact details from Principal Tutors, regarding the time, location and start date for the tuition as arranged between the Tutor and the Client.
2.6 If the Tutor is unable to contact the Client within 24 hours of receiving their contact details, the Tutor will advise Principal Tutors.
2.7 If, either before the Introduction or within the following three months of the Introduction, the Tutor becomes aware of any reason why the Tutor may not be suitable for the position, the Tutor must notify Principal Tutors without delay.
2.7 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.
3.1 Principal Tutors is responsible for finding Clients 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 are at the Tutor’s discretion for which the Tutor is fully responsible.
3.2 Any teaching material, equipment, books or software required by the Tutor to carry out the tutoring is for the Tutor to obtain at their own cost.
3.3 It is expected that the Tutor is up-to-date with the relevant syllabus, curriculum, or course requirements including the requirements of any relevant examination board or other regulatory body for any examination, qualification or other standard the Student is working towards. Any training or knowledge update costs which the Tutor incurs in order to remain fully proficient are to be paid by the Tutor.
3.4 To prepare for the first tutoring session, the Tutor is expected to obtain as much information as possible about the Client’s requirements prior to the first tutoring session.
3.5 Principal Tutors is responsible for 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.
3.6 The Tutor agrees to use the Platform for the provision of regular and timely Student feedback, which will be forwarded to the Client together with the Client’s Invoice.
4 Termination of Tuition by the Client
4.1 If the Client wants to terminate the tuition with the Tutor on a permanent basis, the Client should give at least 7 days’ notice to the Tutor and Principal Tutors, although Principal Tutors shall not be liability to the Tutor if a Client does not comply with such requirements or otherwise engages in conduct which is not the responsibility of Principal Tutors.
5 Termination of Tuition by the Tutor and Termination of this Agreement
5.1 In the event that the Tutor feels that they are not a suitable tutor for the Student in terms of experience or competence (or if there are unforeseeable circumstances e.g. sickness, personal) after the initial tutoring sessions, the Tutor must inform Principal Tutors giving 7 days notice of termination. If Principal Tutors finds an alternative tutor for the Client during the notice period, the Tutor may be released from the 7 day notice period.
5.2 Principal Tutors may also waive the notice requirement where both the Tutor and the Client agree (1) it is in the Client’s best interests, or (2) that the Tutor is not the most appropriate Tutor for the Student.
5.3 The Tutor also has the “right of substitution”. If the Tutor is temporarily or permanently unable to tutor, a Tutor can substitute a tutor (“Substitute”) of equal or superior skill and competence to continue the tutoring provided that the Tutor has given a minimum of 7 days notice to Principal Tutors of the proposed substitution in writing. Either the Substitute must contact Principal Tutors (or alternatively Principal Tutors may contact them if the Substitute has given permission to be contacted). Principal Tutors will complete a screening process with the substitute within 7 days of the proposal for the Substitute. If the Substitute is approved by Principal Tutors having passed the screening and vetting process in addition to Principal Tutors having taken all reasonably practical steps to ensure suitability of the Substitute as in clause 1.3, Principal Tutors will propose the Substitute to the Client. Following a substitution, the Substitute will become the Student’s new tutor and the new tutor will become the Tutor and they shall be sent and required to accept the terms of this Agreement.
5.4 The Tutor and Principal Tutors may terminate this Agreement between the Tutor and Principal Tutors immediately on written notice where the other party is in material breach of this Agreement. Principal Tutors may terminate this Agreement where the Tutor brings Principal Tutors into disrepute. On such termination any ongoing tutoring already arranged may be completed by agreement between the Tutor and Principal Tutors.
6 Changes to Tutoring Sessions and Holidays
6.1 In the event of unforeseen circumstances or unavoidable appointments, a minimum of 24 hours notice has to be given by the Tutor to the Client (and Principal Tutors if possible) to change a session and the Tutor will try to reschedule the session at the earliest date.
The Tutor should keep Principal Tutors reasonably informed of their availability to accept new Introductions.
8 Tuition Fee
Principal Tutors will agree with the Client an hourly fee (inclusive of (i) the Tutor’s fee and (ii) Principal Tutor’s commission which commission, as set out below, is paid by the Client to Principal Tutors) before the Introduction commences. The Tutor’s fee will be communicated to them in writing by Principal Tutors during their on-boarding process (before or at the same time as the Introduction of the Client to the Tutor).
9 Private Arrangements
9.1 The Tutor is not permitted to make private arrangements for tuition with Clients introduced to the Tutor by Principal Tutors during the term of this Agreement and for a year after it ends.
9.2 If the Tutor does make a private arrangement, the Tutor will be liable to account to Principal Tutors for all sums received from the Client without deduction. No further Introductions will be made to such Tutor.
9.3 If the Tutor receives a referral enquiry from a Client, the Tutor must advise the Client that Principal Tutors be contacted in the first instance to arrange the tuition and such tuition must be arranged and billed through the Platform.
10.1 Principal Tutors will provide Introductions for Clients and Students to Tutors and vice versa. A fee structure to be in force between the Client and Principal Tutors will be agreed between Principal Tutors and the Client which must not be changed without written authority of Principal Tutors.
10.2 Principal Tutors will make available the Platform through which the Tutor must record data such as their schedule and hours taught. This data will be combined with Client data obtained from Principal Tutors to produce invoices to the Client for the tuition fee (which includes the Tutor’s fee and Principal Tutor’s fee).
10.2.1 The Tutor will record their schedule and hours taught on the Platform after each tutoring session in the interest of timely invoicing to Clients.
10.2.2 Once a Tutor has recorded a lesson as taken place, the Platform will raise an invoice to the Client automatically.
10.3 Principal Tutors’ payment terms for Clients are 3 days.
10.4 The Tutor’s fees will be paid to them directly from the Client via the Platform and Principal Tutors will not receive any money on behalf of the Tutor.
10.5 The Platform is linked to Stripe, a third-party payment provider, and the Tutor’s fee will be paid into the Tutor’s Stripe account 7 days after the Client pays their invoice. To be paid in this way, the Tutor will need to set up their own individual Stripe Express account. If the Tutor will not be receiving payment using Stripe then the Tutor should inform Principal Tutors of this.
10.6 Stripe will pay out to a Tutor’s bank account on the 15th and the last day of each month.
10.7 Late payment by Clients may result in a delay of payment to Tutors.
10.8 Payment of Tutor’s fees may be delayed if the hours submitted to the Platform contain incorrect information or if it is submitted late.
11 Employment Status
11.1 The Tutor acknowledges that they are self-employed under a contract with the Client to provide tutoring services to the Student and as such the Tutor is responsible for paying any taxes and national insurance contributions which are due whether in the United Kingdom or elsewhere in relation to the payments received by the Tutor via Principal Tutors under this Agreement.
11.2 The Tutor will indemnify and hold harmless Principal Tutors in respect of all and any income tax and national insurance contributions which are attributable to the Tutor and relating in any way to the Tutor’s earnings whether they are held to be an employee by HMRC or otherwise including any such tax and national insurance which HMRC requires Principal Tutors to pay on the Tutor’s behalf together with any interest or penalties thereon.
12 School or Other Educational Institution Teachers
In the interests of confidentiality and good practice, if the Tutor is a teacher at a school, college, university or other educational institution, Principal Tutors will not place Students with the Tutor if they attend the school, college, university or other educational institution where the Tutor works as a teacher, and the Tutor is expected to keep Principal Tutors informed of any such educational institutions at which the Tutor currently teaches.
13 Exclusion of Liability
Principal Tutors does not accept any liability to the Tutor, the Client, the Student or any third party for any claims arising out of or related to the carrying out of the Introduction by the Tutor. The Tutor agrees to indemnify and hold harmless Principal Tutors in respect of any claims for which Principal Tutors is found to be liable. Nothing in this agreement shall operate to exclude or limit either party’s liability for death or personal injury, fraudulent acts or omissions or any other liability which cannot be excluded by law.
14 Confidentiality and Intellectual Property
14.1 Save as required by law, the Tutor undertakes that they shall not at any time during this agreement and thereafter without limit as to time, disclose to any person any confidential information concerning the business, affairs, customers, Clients or suppliers of Principal Tutors.
14.2 The Tutor shall not use Principal Tutors’ confidential information for any purpose other than to perform the Tutor’s obligations under this agreement.
14.3 Subject to clause 14.4 below, Principal Tutors shall not disclose information relating to the Tutor without the Tutor’s prior consent unless it is for the purpose of providing work-finding services to the Tutor, for the purpose of any legal proceedings or otherwise required by law or to provide information to a professional body of which the Tutor is a member.
14.4 Principal Tutors shall keep sufficient information to show that Principal Tutors has complied with any relevant regulations and/or legislation.
14.5 The Tutor and Principal Tutors shall own all copyright and other intellectual property rights in all documents and materials each generates. The Tutor undertakes not to register an intellectual property right or claim ownership of any name or domain name of Principal Tutors. The Tutor shall only use the “Principal Tutors” name with consent of Principal Tutors in the Tutor’s marketing, social media accounts and the like.
15 Data Protection Act 2018 and UK GDPR
Principal Tutors will use any Tutor’s personal data that it has collected for the purposes of the services that it provides only. The Tutor consents to the use of their personal data by Principal Tutors for the purpose of effecting introductions to Clients, for billing and fee collecting purposes and to enable Principal Tutors to contact the Tutor from time to time.
16 Child Protection
16.1 The Tutor agrees that they will read and follow the Principal Tutors’ Child Protection Policy.
16.2 The Tutor and the Client are responsible for finding and agreeing on a suitable environment in which tuition can take place, the Tutor having taken into account and at all times following the guidance set out in the Principal Tutors’ Child Protection Policy.
16.3 Unless the Client’s tutoring position does not involve an individual under the age of 18 years old or an individual who is disabled, before Principal Tutors offers an Introduction to the Tutor the Tutor must provide to Principal Tutors copies of relevant qualifications or authorisations and two references from persons not related to the Tutor, where those persons have agreed that Principal Tutors can disclose their references to the Client.
17 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 Tutor and such terms may be altered from time to time provided any such change has been agreed to by the Tutor.
18 Law and Jurisdiction
English law applies to this Agreement. The parties agree to submit to the exclusive jurisdiction of the English courts in connection with any dispute.