Terms of Engagement for Client (the Terms)
1. DEFINITIONS:
1.1 In these Terms and Conditions the following definitions apply:
“Client” means the person engaging the Tutoring Agency to identify and introduce a tutor to the Client in order to provide tutoring to the Student;
“Engagement” means the Client using a Tutor for tuition sessions;
“Split Invoice” means the invoice from the Tutoring Agency detailing the amount payable to the Tutoring Agency for its services and the amount payable separately to the Tutor(s) for their services in either case for the month detailed in the invoice;
“Student” means the person receiving the tutoring from the Tutor introduced by the Tutoring Agency;
“Tutor” means any person introduced to the Client by the Tutoring Agency for an Engagement; and
“Tutoring Agency” means Lisa’s A Star Tutors.
2. TUTORING AGENCY’S RESPONSIBILITIES
2.1 The Tutoring Agency works with a variety of different Tutors in order to provide its services. The Tutoring Agency agrees to undertake various checks of each of the Tutors that the Tutoring Agency works with (including for example DBS checks, reference checks and qualification checks) to satisfy itself that a Tutor has the appropriate credentials in order to work with the Tutoring Agency’s clients.
2.2 Following a request made by a Client, the Tutoring Agency will use its reasonable endeavours to identify and propose a Tutor to the Client in relation to the educational subject areas that the Client has specified that they are seeking a Tutor for. Subject to availability, the Tutoring Agency will propose a selection of Tutor’s which may be appropriate to meet the requirements of the Client. The Tutoring Agency will liaise with the Client (and the Student if appropriate) to select the Tutor which the Client feels best meets their requirements.
2.3 The first tuition session will be a (paid) introductory session. The Tutoring Agency will seek feedback from the Client (and the Student if appropriate) to ascertain whether the Client
considers that the Tutor does meet the Client’s needs. In the event that following the introductory session, a Client confirms that they would like to consider a different Tutor, the Tutoring Agency will carry out the requirements detailed in this clause and clause 2.2 until the Client is matched with a Tutor that meets the Client’s needs.
2.4 The Tutoring Agency will be responsible for ensuring a monthly timetable of sessions is diarised, maintained and communicated to the Client. Subject to clause 3.5 below, the Tutoring Agency will amend the monthly timetable of forthcoming sessions and will communicate those changes to the Client.
3. CLIENT’S RESPONSIBILITIES
3.1 By entering into this agreement, the Client agrees:
(a) to ensure that all of the personal details and contact information provided by the Client to the Tutoring Agency is accurate and up to date;
(b) where applicable, to ensure that the Student has the correct equipment to be able to access the online platform used by the relevant Tutor;
(c) to not make private arrangements for tuition with any Tutor (introduced by the Tutoring Agency) other than through the Tutoring Agency. In the event that the Client or the Student enters into a private arrangement with a Tutor, the Client agrees to pay to the Tutoring Agency an amount equal to all sums paid by the Client or the Student to the Tutor in respect of those private arrangements without deduction;
(d) that no refunds in respect of any amounts paid to the Tutoring Agency will be due in respect of any sessions that are cancelled by the Client or the Student with less than 12 hours’ notice before the tutoring session is scheduled to commence; AND
(e) that the Tutoring Agency is not responsible for the content of any tutoring sessions arranged by the Tutor for the Client or the Student. In addition, the Tutoring Agency is not responsible for the performance of the Tutor in respect of any arrangements entered into between the Tutor(s) and the Client.
3. FEES AND PAYMENT
3.1 The Tutoring Agency will issue the Client with a Split Invoice detailing the amounts payable to the Tutoring Agency and the Tutor(s). The Split Invoice will specify the bank account
details for the Tutoring Agency and the bank account details for the Tutor(s) into which amounts due under the Split Invoice are to be paid respectively and, in the case of the Tutoring Agency only, details of the means by which amounts due to the Tutoring Agency can be paid by debit or credit card. The Tutoring Agency will issue the Split Invoice to the Client on the last day of the preceding calendar month. All amounts due specified as payable in a Split Invoice must be paid within seven days of the issue of the Split Invoice.
3.2 The amount of any monthly charges payable to the Tutoring Agency or any Tutor(s) will be dependent on whether the Client wishes for the Student to receive 1:1 tuition (£42.60ph) or group tuition (£29.60ph, if available), and the number of sessions sought in a calendar month. Based on the needs specified by the Client, the Tutoring Agency will detail to the Client the costs associated with the Engagement. All amounts payable pursuant to the Split Invoice are exclusive of VAT.
3.3 The first Engagement is for a minimum term of four weeks subject to a successful first session with a proposed Tutor.
3.4 If the Client or a Student wants to cancel a tuition session, the Client or the Student, as the case may be, must do so no less than 12 hours prior to the time of the scheduled session. Tuition sessions cancelled less than 12 hours in advance will be charged at their normal rate.
3.5 In the event that a Client or a Student cancels a tuition session prior to 12 hours before the scheduled start time for a tuition session, the Tutoring Agency will endeavour to arrange for another session to be scheduled with the Tutor within the same calendar month as the cancelled session. In the event that the Tutoring Agency is not able to arrange a further tuition session within the same calendar month as the cancelled session, the Tutoring Agency will provide a credit in respect of its charges for the cancelled session to be applied in the next invoice issued by the Tutoring Agency to the Client. The Tutoring Agency will also liaise with the Tutor to inform them of the credit that will be owed by the Tutor(s) to the Client in respect of the Tutor’s fees in the following month.
3.6 The Client may terminate this agreement by providing a minimum of 14 calendar days’ written notice to the Tutoring Agency.
4. LIABILITY
4.1 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, any Engagement or the failure of the Tutoring Agency to Introduce any Tutor to the Client.
5. DATA PROTECTION
5.1 The Tutoring Agency will not disclose any information of a confidential nature provided to it by a Client unless required by law to do so or where such disclosure is otherwise necessary in order for the Tutoring Agency to provide its services under this agreement.
5.2 By entering into this agreement, the Client provides its consent to the use of any information provided by the Client to the Tutoring Agency in order to allow the Tutoring Agency to provide its services under this agreement.
6. GENERAL
6.1 The Tutoring Agency reserves the right to alter the terms of this agreement at any time. The Tutoring Agency will, however, notify the Client in writing of any changes.
6.2 Unless otherwise agreed in writing by the Tutoring Agency, the terms of this agreement shall prevail over any other terms of business.
6.3 If any part of the terms of this agreement 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 the terms of this agreement to the extent that they are valid, legal and enforceable.
7. GOVERNING LAW AND JURISDICTION
7.1 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.
7.2 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)
8. FORCE MAJEURE
8.1 Neither party to this agreement 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.