Terms & Conditions
Definitions
In these Terms and Conditions:
“Assignment” means the course of Hourly Tuition set out and agreed in the Confirmation Correspondence.
“Client” means: (a) the parent or legal guardian of the person for whom the tuition is arranged; and (b) the recipient of theses terms and/or related communication to which these terms and conditions are attached, referenced or linked (also referred in these terms and conditions as “you”).
“Confirmation Correspondence” means the conversation, the summary and/or any subsequent correspondence between us that sets out, confirms or clarifies the details of the assignment.
“Fee” means the fee payable to The Student Tutors Group for the Tutoring service as set out in clause 5.
“Hourly Tuition” means Tuition sessions taught on an hourly basis at the Tuition Location where there is no agreement and/or expectation that the Tutor will need to remain available between two or more such tuition sessions.
“Hours” means the number of Tuition hours discussed/set out in the Confirmation Correspondence.
“The Student Tutors Group” means The Student Tutors Group Limited, a company registered in England and Wales, with company number 09159391, whose registered office is at 29 Chelsea Square, London, SW3 6LQ (also referred to in these terms and conditions as “we”, “us” and “our”).
“Standard Hourly Fee” means the hourly charge for the Tutor's services as set out in the Confirmation Correspondence.
“Tutor” means the person who is registered with The Student Tutors Group to provide educational tutoring services and who accepts an Assignment with you.
2 General
2.1 These Terms and Conditions (and any document referred to in them including the Confirmation Correspondence) contain the entire agreement (“Agreement”) between us and you and supersede any prior agreement between us relating to their subject matter. Nothing in this clause shall limit or exclude any liability for fraud.
2.2 These terms and conditions apply (and shall be deemed to be accepted by you) as from the earlier of the date on which The Student Tutors Group first notifies you that these terms and conditions will apply or the date on which The Student Tutors Group introduces the services of a Tutor to you or the date on which you confirm or send any subsequent Confirmation Correspondence with/to The Student Tutors Group, and shall apply thereafter in relation to each subsequent introduction of a tutor to you by us and/or any subsequent Confirmation Correspondence we may have in relation to the first Assignments and/or any subsequent Assignment or subsequent potential Assignment.
2.3 Unless otherwise agreed in writing by a Director of The Student Tutors Group, these Terms and Conditions shall prevail over any other terms of business or conditions put forward by you. To the extent that there is any conflict or inconsistency between any Confirmation Correspondence and the terms contained herein the terms contained in the Confirmation Correspondence shall take precedence for the relevant Assignment.
2.4 To the extent that the Tutor is engaged by The Student Tutors Group as a self-employed Tutor nothing contained within this Agreement shall constitute the relationship of employer and employee and/or worker or a partnership between The Student Tutors Group and the Tutor, or between you and the Tutor. To the extent that the Tutor is employed or otherwise engaged by The Student Tutors Group as a worker nothing contained within this Agreement shall constitute the relationship of employer and employee and/or worker or a partnership between you and the Tutor.
2.5 To the extent that the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the “Regulations”) apply to these arrangements The Student Tutors Group shall operate as an "employment business" as defined within the Regulations. Notwithstanding the foregoing, some Tutors work on an independent self-employed basis. It is therefore, not necessarily accepted that the Regulations apply to the supply of Tutoring services under this Agreement.
3 Obligations of The Student Tutors Group
3.1 We will use reasonable endeavours to introduce to you a suitable Tutor to carry out Tutoring of such nature as you shall notify to us in advance of an Assignment in accordance with clause 4.1. You accept that no warranty as to the suitability of the Tutor can be given by us.
3.2 We will ensure that prior to working on an assignment the Tutor provides us with:
3.2.1 evidence as to his or her identity;
3.2.2 confirmation that he/she has the experience, training, qualifications and/or any authorisations which you have indicated to us are necessary for the relevant role and/or which are required by law or relevant professional body; and
3.2.3 confirmation that he/she is willing to enter into the relevant Assignment.
4 Obligations of the Client
4.1 You shall specify in the Conversation your exact requirements by providing full details of the subject areas and academic courses for which the Tutor is required and, in particular, by notifying us of any special skills required of the Tutor (including, for example, knowledge of specific texts or academic syllabi).
4.2 You are responsible for finding a suitable environment in which tuition can take place. You are required to notify us in the Conversation of any risks to health and safety known to you at the location at which the Tutor will undertake the tuition and what steps you have taken to prevent or control such risks in the Confirmation Correspondence. The suitability of such an environment remains at the absolute discretion of the Tutor at all times and The Student Tutors Group reserves the right to terminate these Terms and Conditions and/or any Assignment issued in accordance with these Terms and Conditions if The Student Tutors Group and/or the Tutor notifies The Student Tutors Group that it is dissatisfied with health and safety at a Tutoring Location and/or the reported risk to health and safety at any Tutoring Location.
4.3 For each Assignment the tutor will:
4.3.1 ask you to confirm certain information during the conversation.
4.3.2 follow up this conversation with an email of the information provided during the conversation (the “Summary”). It is important that this Summary information is correct and we ask you to provide us with any information which is incorrect or missing from the Summary.
4.3.3 unless we hear from you after sending the Summary, assumed that the Summary reflects your requirements for the Assignment and that we are entitled to rely on and pass the Summary information on to prospective tutors. The Student Tutors Group will then send details of the prospective Assignment to prospective tutors;
4.3.4 send you the details of a prospective tutor who we believe should match the requirements you set out in the Summary.
4.3.5 once you have received the details of the prospective tutor you will need to confirm the suitability of the tutor.
4.3.6 once we have received the confirmation set out at 4.3.5 we will assign the Tutor to provide the Tuition at the relevant Tutoring Location, during the relevant Hours on/at specified date/s.
5 Fees and Payment
5.1 Once an Assignment has commenced you will need to pay The Student Tutors Group a Monthly Fee for all Tuition occurring in the previous month.
5.2 Components of the Fee (such as the Standard Hourly Fee) will vary depending on the Assignment and/or Tutor and the value of such charges will be confirmed to you in the Confirmation Correspondence. If you have any queries about how the Fee is calculated and/or how it will apply to a particular Assignment please contact The Student Tutors Group for a further explanation.
5.3 To help us calculate the Hourly Tuition Fee the Tutor supplies us with a record of the number of hours which he/she has spent providing Tuition. Where Tuition has been provided we will charge you in full for all time actually worked by the Tutor at the Standard Hourly Fee rate in accordance with this Agreement. We suggest that you keep your own record of tuition dates and times. The Tutor submits the timesheet to us at the end of each calendar month, and may ask you to sign off on it. Your signature on a timesheet shall be deemed conclusive evidence that you are satisfied with the work carried out by the Tutor.
5.4 You don’t pay the Tutor directly. We will send you an invoice at the beginning of each calendar month to cover any Fee payable to us for services rendered to you in the preceding month.
5.5 Invoices must be paid upon receipt of the invoice. You may pay your invoice by cheque or direct bank transfer. Any queries arising from any invoice must be brought to our attention with seven working days of the date of the relevant invoice.
6 Cancellation, Termination and Rearranging Lessons
6.1 Cancelling a lesson - Hourly Tuition placements please ensure that you and the Tutor are agreed on the arrangements for each lesson. If you need to cancel or change a lesson, please call the Tutor directly, though of course feel free to call The Student Tutors Group too. Tutorials that are cancelled by you with less than 48 hours’ notice will be charged for in full. For the avoidance of doubt notice to cancel a lesson given in accordance with this clause will not necessarily terminate an Assignment and/or this Agreement.
6.2 Rearranging lessons both you and the Tutor must give reasonable notice to each other of any holiday commitments you may have; and any changes to the tuition timetable necessary because of illness. An alternative date will be arranged.
6.3 Replacement tutors in the event that you reasonably believe that the Tutor is unsuitable, please let us know as soon as possible. We will use reasonable endeavours to introduce you to a suitable replacement tutor.
6.4 Terminating an Assignment with a specific Tutor where tuition is not agreed for a specific period, please give at least five Working Days’ notice of the end of tuition in writing both to your Tutor and to us so that your Tutor may conclude his or her work with the student and plan his or her commitments.
6.5 Terminating this Agreement generally The Student Tutors Group may give you 3 Working Days written notice terminating this Agreement at any time, notwithstanding that either party may give notice in writing to the other terminating this Agreement with immediate effect if:
6.5.1 the other party commits any material breach of any of the terms of this Agreement and that breach (if capable of remedy) is not remedied within 5 Working Days after notice being given requiring it to be remedied.
6.5.2 the other party becomes bankrupt, insolvent or becomes the subject of a receiving or winding-up order, makes any composition with its creditors or has an administrative receiver appointed over all or part of its undertaking or assets, or either party ceases, or threatens to cease, to carry on business.
7 Liability
7.1 If you have a complaint against the Tutor or against us, you must inform us of that complaint within 24 hours of the occurrence that gave rise to it by sending an email to sam@studenttutorsgroup.co.uk.
7.2 We introduce tutors in good faith and in the belief that he or she will perform to the best of his or her abilities. However, to the extent that the Tutor is a self-employed professional we cannot guarantee the performance of the Tutor. Any opinion expressed by the Tutor is not necessarily an expression of the opinions of The Student Tutors Group.
7.3 Neither The Student Tutors Group nor any of its staff shall be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you arising directly or indirectly from or in any way connected with the introduction or supply of a Tutor to you or with any failure by The Student Tutors Group to introduce or supply a Tutor and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with:
7.3.1 failure of the Tutor to meet your requirements for all or any of the purposes for which he or she is required by you.
7.3.2 any act or omission of a Tutor, whether willful, negligent, fraudulent, dishonest, reckless or otherwise; and
7.3.3 any loss, injury, damage, expense or delay incurred or suffered by a Tutor.
8 Private Arrangements
8.1 You are not permitted to make private arrangements for tuition with Tutors introduced or supplied by us.
8.2 By confirming Tuition, you undertake not to make any such arrangements with any Tutor registered with us either during the term of this Agreement or for up to 3 months following its termination.
9 Responsibilities of the Tutor
9.1 A Tutor is not responsible for chaperoning minors, nor guarding a house and/or household effects. Please ensure that a responsible adult is on the premises at all times.
10 Data Protection
10.1 The Student Tutors Group and the Client shall comply with their respective obligations under the Data Protection Laws at all times.
10.2 The Student Tutors Group shall procure that each of their Tutors shall also comply with their respective obligations under the Data Protection Laws.
10.3 By entering into this Agreement you consent to our use of your, and where you are the parent or legal guardian of the individual receiving Tutoring to use that individual's, personal data for the purpose of providing the Tutoring which may include (without limitation) effecting introductions to Tutors, use of such data for billing and/or fee collecting purposes and/or to enable us to make contact from time to time.
10.4 For the purpose of this Agreement:
10.4.1 “Data Protection Laws” means the Data Protection Act 1998, as well as any applicable statutory or regulatory provisions and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data.
11 Miscellaneous
11.1 No modification or variation of this Agreement shall be effective unless a director of The Student Tutors Group consents in writing to such modification or variation and/or as set out by the Company regarding a specific Assignment in the relevant Confirmation Correspondence.
11.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions hereof and the remainder of the provision in question shall not be affected thereby.
11.3 Any waiver of any breach of, or default under, any of the terms of this Agreement by us, shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of this Agreement.
11.4 We shall be entitled to transfer or assign the benefit and/or burden of this Agreement.
11.5 The expiration or termination of this Agreement, howsoever arising, shall not operate to affect such of the provisions of this Agreement as are expressed to operate after then.
11.6 Any notice to be given by one party to the other hereunder shall either:
11.6.1 be communicated verbally initially and confirmed in writing immediately; or
11.6.2 be communicated directly in writing and sent (either by post or electronic means) to an address designated for use by the intended recipient.
11.7 This Agreement does not create any rights or benefits enforceable by any person not a party to it (within the meaning of the Contracts (Rights of Third Parties) Act 1999).
11.8 Neither party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances shall promptly notify the other party in writing whether such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than 2 weeks, either party may terminate this Agreement by written notice to the other party.
12 Governing Law and Jurisdiction
This Agreement (and any non-contractual obligations or dispute or claim arising out of or in connection with it or its subject matter) shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
13 Tutoring Packages
13.1 If the total number of hours purchased are not used by the package expiration date then these hours may be exchanged anytime over the following 365 Days for tutoring in any other subject - subject to tutor availability.
13.2 No monetary refund will be given if the total number of pre-purchased tutoring hours are not used. If the hours are not used due to limited tutor availability then the expiration date of the package may be extended.