Tutor Terms

  • By Steven Naylor - Aug 23, 2021
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Principal Tutors

Tutor Agreement

Definitions

The words used in this agreement have the following meanings:

 

Principal Tutors” means Principal Tutors Ltd Company Number 11419630 Registered Office 20-22 Wenlock Road, London, England, N1 7GU

Tutor” means the Tutor selected by Principal Tutors to provide tuition to the Student

Client (s) means the student, parent of the student or the student’s representative to whom the Tutor agrees to provide tutoring services

Student means the person who is being tutored by the Tutor.

Principal Tutors Child Protection Policy – see separate policy

Introduction means a Tutor’s contract with Principal Tutors to provide tuition for and on behalf of Principal Tutors to the Client and/or Student commencing with the first date of tuition and ending with the last date of tuition of that Student.

Invoice means an invoice to be prepared and submitted by Principal Tutors acting in the capacity as payment agent, for the Tutor’s fees and Principal Tutor’s agents fee.

The parties agree as follows:

The parties agree as follows:
1. Introduction
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 and on behalf of Principal Tutors in accordance with the following 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.
2. Accepting an Introduction
2.1 Following the acceptance of an Introduction, the Client’s contact details will be released to the Tutor.
2.2 The Tutor should contact the Client as soon as possible and no later than 24 hours of receiving the contact details.
2.3 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.
2.4 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.
2.5 If the Tutor is unable to contact the Client within 24 hours of receiving their contact details, the Tutor will advise Principal Tutors.

3 Tutoring
3.1 Principal Tutors acts as agent on behalf of the Tutor and the Client. 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 for 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 The minimum duration of a tutoring session is 1 hour.
3.6 The Tutor agrees to provide Principal Tutors with 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 must give at least 7 days notice to the Tutor and Principal Tutors.

5 Termination of Tuition by the Tutor
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 proceed tutoring, 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, Principal Tutors will propose the Substitute to the Client. Following a substitution, the substitute will become the Student’s new tutor.

6 Changes to Tutoring Sessions and Holidays.
6.1 In the event of unforeseen circumstances or unavoidable appointments, a minimum of 48 hours notice has to given to the Client (and Principal Tutors if possible) and the Tutor will try to reschedule the session at the earliest date.

7 Capacity
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 the Tutor’s fee and Principal Tutor’s commission) before the Introduction commences. The Tutor’s hourly rate will be Principal Tutors standard rate appropriate to the level of tuition and subject area of the Introduction.
9 Private Arrangements
9.1 The Tutor is not permitted to make private arrangements for tuition with Clients introduced to their Tutor by Principal Tutors.
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 Principal Tutors.

10 Payment
10.1 Principal Tutors will act as an agent on behalf of the Client and the Tutor providing Introductions for Clients and Students to Tutors and vice versa. A fee structure will be agreed between Principal Tutors and the Client which must not be changed without written authority of Principal Tutors.
10.2 Principal Tutors, as payment agent on behalf of the Tutor, will collect the Tutor’s fee due from the Client in to it’s Client Account and will transfer the fees to the Tutor. To obtain payment:
10.2.1 The Tutor will complete the online Calendar in their account after each tutoring session.
10.3 Based on the hours submitted by the Tutor, Principal Tutors will prepare and submit to the Client, an Invoice for payment on behalf of the Tutor either at the beginning of each calendar month for the previous month’s tuition or at the end of each lesson, which shall include the Tutor’s fee and Principal Tutor’s agency fee.
10.4 Principal Tutors payment terms for Clients are 3 days. Tutor fees will only be transferred to Tutors where a Client has paid an Invoice. Where a Client pays for their Invoice by credit or debit card, a further 5 working days may elapse (beyond the 3 days payment terms) prior to funds being received by Principal Tutors. Once Principal Tutors receives cleared payment in their Client Account bank account, Principal Tutors, as payment agent, will transfer payment of the Tutor’s fees to the Tutor within 3 working days.
10.5 Late payment by Clients may result in a delay of payment to Tutors.
10.6 The Tutor must not bill the Client directly or accept payment from the Client or Student.
10.7 Payment of Tutor’s fees may be delayed if the hours submitted to Principal Tutors contains incorrect information of if it is submitted late.
10.8 If Principal Tutors does not receive payment from the Client in reasonable time, the Tutor may obtain written permission from Principal Tutors to invoice the Client directly.
10.9 The Tutor must not accept any payment direct from the Client without the written permission of Principal Tutors. Any sums received by the Tutor without such permission will be immediately payable to Principal Tutors and shall be actionable through the Courts without further notice.
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 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 via Principal Tutors under this Agreement.
11.2 The Tutor will indemnify Principal Tutors in respect of all and any income tax and national insurance contributions which are attributable to the Tutor but which are paid by Principal Tutors on the Tutors 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 Principal Tutors in respect of any claims for which they are 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
14.1 Save as required by law, the Tutor undertakes that they 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 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.

15 Data Protection Act
Principal Tutors will use any Tutor 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 Tutor’s Child Protection Policy.

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 notified to the Tutor.

18 Approval
Acceptance of our services will be taken to represent agreement to the terms of this agreement.

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