Agreement Overview

  1. Introduction and Purpose

  1. The purpose of this Agreement is to establish the terms and conditions governing the relationship between the Company, the Client, the Tutor and the Student. 

  2. Definitions

    1. “Company” refers to Tutor Recruiter Limited, a business that facilitates connections between Tutors and Clients.

    2. “Tutor” refers to the professional engaged to deliver tuition services.

    3. “Client” refers to the individual or entity funding the tuition services.

    4. “Student” refers to the individual receiving the tuition. This person may also be the same as the Client.

    5. “Parties” refers to all individuals or entities bound by and involved in the contract.

    6. “TutorCruncher” refers to the online platform used by the Company to manage lesson scheduling, payments, invoicing, lesson reporting and other tasks. 

  3. Layout of Document

    1. Agreement for Clients: This section details the Clients responsibilities and expectations in engaging with the Company and the services it provides.

    2. Agreement Between Tutors and Clients: This section serves as a direct agreement between Tutors and Clients, establishing the nature of their relationship, once the Company has introduced the Tutor to the Client. It should be read in conjunction with the Agreement for Clients and the Agreement for Tutors.

    3. Agreement for Tutors: This section defines the standards and expectations for Tutors providing tuition services for Clients/Students introduced by the Company.

  4. Status of all Agreements

    1. The Agreement is governed by and construed by the laws of England and Wales, irrespective of where the tuition is undertaken.

    2. Any variations in this Agreement must be in writing and mutually agreed upon.

    3. The Company reserves the right to take appropriate action to address any breach of this Agreement by either the Client or the Tutor to recover any losses. These rights apply to all parts of this Agreement and remain in effect even after the Agreement ends.

Agreement for Clients

  1. Services Provided

    1. The Company is responsible for sourcing Tutors through professional networks and other channels, ensuring they meet high standards. The Company matches these Tutors with the requirements of the Client based on subject expertise, teaching style, location, and availability. The Company does not carry out any of the tutoring itself, but rather acts as an intermediary between the Client and the Tutor.

    2. The Company handles administrative tasks which contribute to the effective delivery of tuition services by the Tutor, allowing more time for the Tutor to do what they do best: tutoring. 

    3. The Company also offers consultative advice to Clients/Students to support them in meeting their educational goals. 

  2. Contractual Relationship

    1. The Company facilitates introductions between Tutors and Clients. We manage the collection of fees from Clients on behalf of the Tutor, which includes our ongoing administration and service fee and introductory commission fee. The hourly tuition fee covers both the Tutor's fee and The Company’s fee. VAT is added where applicable.

  3. Prohibition of Direct Arrangements

    1. The Client agrees not to establish any alternative fee arrangements directly with the Tutor and will not make any payments directly to the Tutor. All payments and arrangements should be made exclusively through the Company. 

    2. The Client agrees not to enter into any private or direct arrangements with any Tutor introduced by the Company. All bookings with Tutors introduced by the Company must be made through the Company to ensure service consistency and transparency.

    3. If the Client wishes to refer a Tutor to another potential Client, they must direct the new Client to contact the Company directly to ensure service consistency and transparency. The Tutor is forbidden from accepting any referrals directly from the Client and the Client should respect this.  

  4. Payment

    1. All lessons must be paid in advance or upon receipt of invoice, unless alternative arrangements have been agreed upon by the Company prior to the lesson.

    2. Payments for lessons should be made through TutorCruncher, and can be done via bank transfer, GoCardless or Stripe. Any other method of payment must be agreed upon by the Company in writing ahead of commencement of tuition. 

    3. For Clients paying retrospectively, if payments are overdue by more than 5 days, the Company reserves the right to suspend all tutoring services until the account is brought up to date.

    4. All payments are to be made in GBP, and any currency exchange or transfer fees are the Client’s responsibility. 

  5. Refunds

    1. Refunds for prepaid lessons are subject to the Cancellation and Scheduling clause outlined in the Agreement between Tutors and Clients section.

    2. No refunds will be given for completed lessons. If the Client deems the Tutors tutoring style or methods dissatisfactory then an alternative Tutor will be suggested for future lessons.

    3. If a session ends prematurely due to unforeseen circumstances caused by the Tutor or technical issues, the Company will review the situation and may issue a partial refund at its discretion.

  6. Annual Fee Review

    1. Fees are subject to an annual review and may be adjusted at the discretion of the Company. 

    2. Clients will be notified 30 days in advance of any changes to fee.  

  7. Liability and Indemnification

    1. The Company, as an intermediary, facilitates the connection between a Client and a Tutor but does not directly deliver tuition services. Consequently, the Company is not liable for any direct or indirect claims, losses, damages, expenses, or costs arising from any engagement with a Tutor.  

    2. The Company utilises third-party platforms and tools to facilitate its services. While the Company expects these tools to perform to a high standard, it cannot be held responsible or liable for any losses, delays, or disruptions resulting from their malfunction or failure.  

    3. By entering into this agreement, the Client agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including legal fees) arising out of or related to the use of the Company’s services, including but not limited to the actions or omissions of Tutors.

  8. Data Protection and Privacy Statement

    1. All Parties agree to observe the Data Protection Act 2018, ensuring the confidentiality and integrity of personal and professional information of all Parties involved.

    2. The Company is committed to protecting the privacy and personal information of all Parties. Our privacy statement outlines how we collect, use, store, and safeguard personal data in compliance with the Data Protection Act 2018 and relevant regulations. By engaging with our services, Clients agree to the terms of our Privacy Statement, which is available upon request and on our website.

Agreement Between Tutors and Clients

  1. Contract Overview

    1. This agreement constitutes the contractual relationship between the Tutor and the Client once the Company has facilitated an introduction and both parties agree to proceed with tuition.

    2. By agreeing to tutor, the Tutor accepts this Agreement. Similarly, by engaging the Tutor, the Client agrees to this contract, acknowledging it governs their rights and obligations.

    3. This agreement complements the Agreement Clients and the Agreement for Tutors.

  2. Provision of Tutoring Services 

    1. The Tutor, as an independent contractor, will deliver tutoring services in line with The Responsibilities of a Tutor as laid out in the Agreement for Tutors.

    2. Necessary teaching materials will be provided by the Tutor unless otherwise agreed. The Tutor’s methods and lesson content remain their sole responsibility, unsupervised by the Company.

    3. The Tutor will work with the Client to arrange a mutually suitable tutoring environment, whether in-person (e.g., at the Student’s home or another agreed location) or online using appropriate video conferencing tools.

    4. The Tutor is restricted to providing only those services agreed upon with the Client and the Company. Any additional sessions or activities outside this scope require prior approval from the Company.

    5. The Tutor must provide two weeks' notice if they intend to discontinue tutoring for any Client.

  3. Payment and Financial Arrangements

    1. Agreed Fees and Payment Processing

      1. The Company, as the intermediary for the Tutor, arranges hourly fees with the Client.

      2. All payments are processed by the Company on behalf of the Tutor through various integrated online payment systems utilised by the Company.

      3. Neither the Tutor nor the Client is permitted to discuss or alter the agreed-upon fee.

    2. Prohibition of Private Payment Arrangements

      1. The Client and the Tutor agree not to make any private payment arrangements outside the Company's processes.

      2. Any breach of this condition renders both parties liable to the Company for all fees, and the Company may take legal action, including seeking injunctive relief, to prevent further breaches.

    3. Additional Materials and Expenses

      1. If the Tutor recommends specific educational materials for the Client to purchase, the Company must be informed beforehand.

      2. Should the Tutor require additional materials for the agreed tuition schedule that incur a cost, the Company must be notified.

      3. With the Client’s written approval, these materials may be purchased, expensed in TutorCruncher, and reimbursed by the Client.

  4. Cancellation and Scheduling

    1. Client

      1. The Client is advised that the Tutor invests significant time and effort into preparing for each session to ensure a high-quality educational experience.

      2. The Client must give 24 hours notice for any cancellations or rescheduling request, and do so by informing the Tutor. Any cancellation or rescheduling request made within 24 hours will incur the full session fee. If the Tutor agrees that the cancellation was unavoidable, they may waive the session fee for the Client.

      3. If the Student is late for a session, the Tutor will conclude at the scheduled end time, with the session being charged at the usual fee. If the Tutor agrees to extend the session beyond the originally scheduled time to make up for time lost due to lateness, an additional charge may apply.

      4. Should the Client choose to end a session early, the full session fee will be applied.

      5. Cancellations of three or more sessions may prompt a review of the service agreement, potentially leading to service termination at the Company’s discretion. 

      6. The Company will send automatic session reminders to Clients before each scheduled lesson. Clients are encouraged to verify session details within TutorCruncher and make any necessary adjustments promptly.

    2. Tutor

      1. The Tutor must give 24 hours notice for any cancellations or rescheduling requests, and do so by informing the Client. Any cancellation or rescheduling requests made within 24 hours will require the tutor to offer a free session. If the Client agrees that the cancellation was unavoidable, they may waive the requirement of a free session to be given to the Client. 

      2. If the Tutor is delayed they are responsible for arranging an alternative session to make up for lost time. This session equaling the amount of lost time is to be provided free of charge by the Tutor. 

Agreement for Tutors 

  1. Employment Status of Tutors

    1. If the Tutor is self-employed, this Agreement does not create an employer-employee or partnership relationship between Tutor Recruiter and the Tutor. The Company acts solely as an intermediary, introducing the Tutor to the Client.

  2. Tax

    1. The Tutor is solely responsible for managing their tax obligations, including registering as self-employed if applicable, and for paying any income tax, National Insurance contributions, or other relevant taxes on earnings received through the Company. The Company is not liable for any tax-related matters or disputes arising from the Tutor's earnings.

  3. Responsibilities of the Tutor

    1. Service Delivery

      1. The Tutor agrees to provide tutoring services to Clients introduced by the Company as per the requirements and educational objectives specified by the Company and agreed upon by the Client.

      2. The Tutor commits to delivering this tuition with respect, integrity and a commitment to educational excellence.

      3. The Tutor is responsible for maintaining accurate and up-to-date records of all lessons conducted in TutorCruncher, including lesson summaries and relevant feedback.

    2. Quality Assurance

      1. The Tutor agrees to participate in the Company’s quality assurance measures, which may include session monitoring, feedback collection, and lesson reviews.

      2. Periodic attendance at review meetings, training sessions, or discussions designed to enhance service quality is expected.

  4. Confidentiality and Non-Solicitation

    1. Confidentiality Obligations

      1. The Tutor agrees to maintain the confidentiality of all financial arrangements, including fees and any compensation received from the Company for services rendered to Clients.

      2. The Tutor shall not disclose, discuss, or negotiate financial terms, compensation details, or any other sensitive information with Clients or third parties.

      3. The Tutor agrees to respect the confidentiality of all information shared during their engagement, including but not limited to student progress, lesson plans, and the Company’s operational practices.

    2. Non-Solicitation

      1. The Tutor agrees not to solicit, engage, or accept direct offers of employment, private arrangements, or referrals from Clients introduced by the Company, without the prior written consent of the Company.

      2. In cases where a Tutor and Client have a pre-existing relationship before the introduction by the Company, the Tutor must disclose this relationship to the Company. Any continuation of services outside the Company’s arrangements must be approved in writing.

      3. Tutors are prohibited from accepting referrals to new Clients from existing Clients without the explicit written consent of the Company.

    3. Breaches

      1. Any breach of these obligations, including attempts to establish private arrangements or direct contracts with Clients, will be considered a serious violation of this Agreement.

      2. Breaches may result in immediate termination of services and may lead to legal action, including but not limited to the recovery of damages or enforcement of injunctive relief.

      3. These obligations will survive the termination or expiration of this Agreement.

  5. Payment

    1. Fee Arrangement

      1. The Company agrees upon the tuition fee with the Client, which includes the Tutor’s fee, the Company’s administration fee, and introductory commission fee.

      2. The Tutor’s fee will be agreed upon between the Company and the Tutor prior to the commencement of any tuition schedule with the Client.

    2. Payment Methods

      1. Payments for tuition services will be made to the Tutor through split payments and/or direct bank transfers, as determined by the Company.

        1. Split payments: The Company facilitates automated payments via TutorCruncher and Stripe, splitting the Client fee between the Tutor’s and the Company’s portion. Tutors must set up a Stripe payouts account to receive their portion, typically processed within 7 calendar days of Client payment. The balance on the Tutor’s stripe account is paid out once at the end of the month.

        2. Direct Payments: payments are transferred directly to the Tutor’s bank account monthly. The billing cycle runs from the 25th to the 24th, with payment issued on the 10th of the following month or the next business day if it falls on a weekend or holiday.

      2. The Tutor is responsible for ensuring their payment details are accurate and up to date in TutorCruncher to facilitate timely payment.

      3. The Tutor may not accept payment directly from the Client unless explicitly authorised by the Company.

  6. Liability and Indemnification

    1. The Company acts solely as an intermediary, facilitating connections between Tutors and Clients. As such, the Company is not liable for any direct or indirect claims, losses, damages, expenses, or costs arising from any engagement with a Client.

    2. The Company utilises third-party platforms and tools to facilitate its services. While the Company expects these tools to perform to a high standard, it cannot be held responsible or liable for any losses, delays, or disruptions resulting from their malfunction or failure.

    3. The Tutor agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or in connection with the Tutor's services provided under this Agreement, including but not limited to,  any acts of negligence, misconduct, or breach of this Agreement by the Tutor. This indemnification will survive the termination of this Agreement and does not extend to any claims, liabilities, damages, losses, costs, expenses, or fees caused by the Company’s own negligence or willful misconduct.

  7. Data Protection and Privacy Statement

    1. The Tutor agrees to observe the Data Protection Act 2018, ensuring the confidentiality and integrity of personal and professional information of all Parties involved.

    2. Any sharing of sensitive information regarding students under the age of 18 will be conducted in accordance with the Child Protection Act 2019, prioritising the safety and well-being of the Student.

    3. The Tutor acknowledges and agrees to comply with the Privacy Statement of the Company, which outlines the collection, use, and protection of personal information obtained in the course of providing services under this Agreement. The Privacy Statement is available on the Company website. The Tutor commits to adhering to all privacy practices and data protection measures as specified in the Privacy Statement.