TERMS & CONDITIONS

Please make sure that you read through our ‘Terms & Conditions’ listed below:

INTRODUCTION

‘The Primary Tutor Online’ is a trading name. It acts as an agent to facilitate private tutor arrangements between a student and a self employed tutor.

The term ‘tutor’ refers to the provider of the tuition.

The term ‘student’ or ‘client’ refers to the recipient of the tuition. The person who is responsible for the payment of the tutor’s sessions.

In engaging the services of the tutor, the student/client enters into an agreement with a self-employed tutor.

‘The Primary Tutor Online’ assumes that once payment has been received for the first invoice of the lessons, that the client has agreed to be bound by these conditions without the need of a signed agreement.

GENERAL

The client acknowledges that these terms govern the legal rights and obligations between the client and ‘The Primary Tutor Online’. The terms constitute a legally binding contract between you and us. ‘The Primary Tutor Online’ reserves the right to alter these terms and conditions.

No variation or alteration of these terms, by the client, shall be valid unless approved in writing by ‘The Primary Tutor Online’.

This agreement is governed by the laws of England and Wales. We and you agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement.

CONTRACTUAL RELATIONSHIP

‘The Primary Tutor Online’ provides introductions of tutors to clients and vice versa. ‘The Primary Tutor Online’ is an agent for the tutor. It also collects fees from the client on behalf of the tutor. The
rate for tuition includes the tutor’s fee and ‘The Primary Tutor Online’ own fee.


AGREEMENT WITH THE TUTOR FOR THE PROVISION OF TUTORING SERVICES

By booking a session with the tutor, the client agrees to be bound by these terms and conditions.

The tutor is self employed and engaged by the client to provide tuition to the student. Clients should be aware that the tutor does not have the power to bind ‘The Primary Tutor Online’ in any way.

PROHIBITION OF OTHER ARRANGEMENTS

The client will not agree to any alternative fees with the tutor and agrees to render any direct payments to the tutor.

The client is not permitted to enter into any private arrangements with any tutor introduced by ‘The Primary Tutor Online’.

Should you wish to recommend one of the tutors from ‘The Primary Tutor Online’ to other potential clients, that client must contact ‘The Primary Tutor Online’ to make a booking through the agency.

REPLACEMENTS AND TERMINATION

If the tutor is unable to complete the course of tuition, or the client requests a replacement tutor, ‘The Primary Tutor Online’ will endeavour to find a suitable replacement tutor as soon as possible.

If ‘The Primary Tutor Online’ is unable to find a suitable replacement tutor within a reasonable time frame, we will refund a portion of fees pre-paid by the client by way of credit, representing the number of sessions that the tutor or any replacement tutor has been unable to complete.

If the client wishes to terminate the tuition mid-course for any reason, no refunds will be granted for the balance of sessions that have been taught. Furthermore, two weeks’ notice must be provided. In that week, the client may choose to utilise the session or sessions during that week. ‘The Primary Tutor Online’ will refund all monies pre-paid, excluding fees for the sessions that have already been taught and those fees for the two weeks following the notification of termination.

PAYMENT

The client is required to pay by bank transfer on a monthly basis. ‘The Primary Tutor Online’ reserves the right to alter the way in which we request payment to be made and for any fees incurred as a result of an amendment for payment services.

The client will pay on a monthly basis before lessons have taken place. The client will be invoiced during the second to last week of the month in respect of tuition that is due to be delivered in the next month.

CLIENT’S RESPONSIBILITIES

The client shall notify ‘The Primary Tutor Online' immediately if the tutor fails to attend any sessions.

LIABILITY

‘The Primary Tutor Online’ does not accept any liability for any claims by the client arising out of or related to the provision of tutoring services by the tutor.

‘The Primary Tutor Online’ does not accept any liability for the consequences of tuition, including, but not limited to, exam results and school performance.

‘The Primary Tutor Online’ is not responsible for any insurance arrangements in respect of the tutor providing tutoring services and the client should note that this is the case.

SCHEDULING AND CANCELLATION

Clients should be aware that there can be considerable preparation involved before each session of tuition.

Notice of cancellation of a scheduled tutoring session for any reason must be given by the client to ‘The Primary Tutor Online’ more than 14 days prior to the scheduled session.

Should the tutor not be available on the day, the client will be informed and a re-arranged time will be offered by the tutor.

If a tuition session falls on a Bank Holiday or other national or religious holiday that either the tutor or the client wishes to observe, then an alternative session must be arranged and ‘The Primary Tutor Online’ must be informed of any new arrangements.

If a student is late for a session, the tutor may choose to but is not obligated to work beyond the scheduled end time. If the tutor stops at the scheduled end time, the session will be charged at the usual price. If a tutor is late for a session, then it is the duty of the tutor to arrange to make up for the lost time.

If a student chooses to terminate a session early, the session will be charged at the usual price.

Cancellations by the client of more than 3 weeks in succession or on a regular basis means that the contract may be terminated at the discretion of ‘The Primary Tutor Online.

CONFIDENTIALITY

The client agrees that they will not disclose any confidential information concerning the tutor or ‘The Primary Tutor Online’ to any person for the duration of this agreement and for a period of five years after the termination of the agreement.

AGREEMENT BETWEEN TUTORS AND CLIENTS

STATUS OF THIS AGREEMENT

This agreement forms the contract between the tutor and the client when ‘The Primary Tutor Online’ has introduced the tutor and the client and both have agreed to undertake tuition.

The client is the person who agrees to the purchase of tutoring services on behalf of the student. The student is the person who receives the tutoring service through sessions of tutoring. The tutor delivers the tutoring service.

PROVISION OF TUTORING SERVICES

The tutor will be self employed and this should be noted by the client. ‘The Primary Tutor Online’ acts as an agent for the tutor by introducing the tutor to the client.

The tutor will carry out tuition professionally and will due skill, care and diligence.

The tutor is responsible for the content of the lessons and will prepare the lessons in accordance with the client’s instructions. The tutor’s methods of teaching and content are those of the tutor alone and are not controlled by ‘The Primary Tutor Online’.

Tutors are responsible for providing all reasonable teaching materials.

The tutor should provide two weeks' notice prior to terminating tuition services for any client.

FEES AND FINANCIAL ARRANGEMENTS

'The Primary Tutor Online' will agree a rate for tuition with the client. The rate may not be changed by the tutor or the client. The fees are collected on a monthly basis in advance.

The tutor and the client agree not to make private arrangements for tuition with each other or with other tutors or clients introduced by 'The Primary Tutor Online'. A breach of this obligation will render the tutor and the client liable to account for all sums paid and received within that month, together with £500 compensation.

CANCELLATIONS AND SCHEDULING

The tutor will provide to the client notice of any proposed holiday dates and request the same from the client in order to schedule lessons at a convenient time for both parties.

In the event of a cancellation, the tutor must inform 'The Primary Tutor' online of an alternative agreed date. All efforts must be made to re-arrange the lesson.

LIABILITY

'The Primary Tutor Online' is not responsible for insurance arrangements in respect of the tutor and their provision of tutoring services. All lessons must take place online via an interactive whiteboard.

TERMS AND CONDITIONS FOR TUTORS

'The Primary Tutor Online' reserves the right to alter these terms and conditions.

STATUS OF TUTORS

All tutors working for 'The Primary Tutor Online' are self employed.

Once a tutoring position has been confirmed, you are entering into a contract between you (the tutor) and the client (the student or the student's parent/guardian).

TAX

The tutor will be responsible for all of his/her tax and national insurance contributions in relation to all charges and sums payable to the tutor by the company. The tutor is responsible for completing all relevant assessments, returns and other information to HM Revenue and Customs.

TUTOR'S RESPONSIBILITIES

The tutor should carry out the tutoring services in a professional manner.

The tutor is responsible for the content of all lessons. All lessons should be prepared thoroughly building on previous lessons and working towards future lessons.

Tutors are responsible for sourcing all suitable, age and ability appropriate materials.

Tutors should maintain all necessary records, documenting progress, attainment, strengths and misconceptions.

Tutors must be responsive when contacted by 'The Primary Tutor Online'. Tutors should provide a basic timetable of lessons together with a basic overview of the student's areas of strength and weakness.

PRIVATE ARRANGEMENTS

You must not make private arrangements with students and clients. Should you breach this obligation, you will be liable to account 'The Primary Tutor Online' for all sums received by you from the client.

Any work referred to a tutor by a client must be billed through 'The Primary Tutor Online' on your behalf. All billing and bookings must be processed through 'The Primary Tutor Online'.

The tutor will not provide or agree to provide any services or carry out any work for the client or the student other than the tuition, unless otherwise agreed with 'The Primary Tutor Online'.

PAYMENT

'The Primary Tutor Online' will agree the fee structure with the client and this may not be changed by the tutor or the client.

'The Primary Tutor Online' collects all fees due from students/clients and passes them onto tutors, net of commission. Payments will only be made after payment has been received from the client.

You will not be paid directly by the client. You will not be entitled to receive your fee until 'The Primary Tutor Online' has received payment from the client.

You must not accept direct payment from the client.

CANCELLATION POLICY

The tutor will provide the client notice of any proposed holiday dates and request from the client. The tutor must inform ‘The Primary Tutor Online’ of any changes to the timetable.

In the event of cancellation of a scheduled lesson, ‘The Primary Tutor Online’ must be informed and an alternative date will be agreed between client and tutor. No charge is made to re-arrange the lesson.

LIABILITY

‘The Primary Tutor Online’ does not accept any liability for any claims by the client arising out of or related to the carrying out of the tutoring by you and you agree to indemnify ‘The Primary Tutor Online’ without limit in respect of such claims.

CONFIDENTIALITY

The tutor undertakes that they will not at any time during or after the conclusion of the agreement, disclose to any person any confidential information concerning the business affairs, customers, clients or suppliers of ‘The Primary Tutor Online’.

The tutor undertakes not to make use of confidential information encountered through association with ‘The Primary Tutor Online’ for any purpose other than to perform your obligations under this agreement.

DATA PROTECTION ACT

‘The Primary Tutor Online’ uses tutor data for the purposes of the services that it provides. Tutors providing personal data consent to the use of that data by ‘The Primary Tutor Online’ for the purposes of effecting instructions to clients for billing and fee collection purposes and to enable ‘The Primary Tutor Online to contact the tutor from time to time.

We have a legal duty to ensure your personal data is used fairly, lawfully and transparently (in accordance with the Data Protection Act 2018). If you have any concerns about how we protect and control your data, please contact ‘The Primary Tutor Online’ directly.

TRUTHFULNESS AND ACCURACY

The tutor warrants and represents that all written and oral statements and information provided by the tutor to ‘The Primary Tutor Online’ for the purpose or in connection with the tuition is true, complete and accurate. This includes qualifications, references, credentials, DBS checks and employment history.

If anything occurs which materially changes the information originally provided, such as (but not limited to) you being convicted of an offence subsequent to your DBS check, you must inform ‘The Primary Tutor Online’ in order that the information provided about yourself remains truthful and accurate.