Katie Jayne Tutors Limited Terms of Business with Clients
1. Quality of Services
1.1 Subject to these Terms, the Company will carry out services with reasonable care and skill, in conformity and compliance with all the applicable statutory and regulatory requirements.
2. Dates, Locations and Extent of Services
2.1 Unless otherwise stated in the Order Confirmation or separately agreed in writing by the Company, the date or dates on which (or the period or periods within which) the Services are to be provided by a Tutor to a Student, will be agreed between the relevant Tutor and the Student or Client, and the Client will take all reasonable steps to facilitate this. Unless otherwise stated in the Order Confirmation or separately agreed in writing by the Company, the Services will be provided at a suitable location or locations owned or made available by the Client which is or are reasonably accessible to the relevant Tutor or Tutors, as agreed from time to time between each relevant Tutor and the Client (or the Student), and the Client will take all reasonable steps to facilitate this.
2.2 The Company will make reasonable efforts to ensure that the Services are actually provided on the dates (or within the periods) agreed in accordance with paragraph 3.1, but events or circumstances do sometimes arise outside the reasonable control of the Company which may prevent this. If that happens, the Company will make every reasonable effort, after appropriate discussion with the Client and/or the Student, to ensure that the Services are provided as soon as reasonably practicable, but shall have no liability beyond that.
2.3 Non–Solicitation. The Client is not permitted to make private arrangements for tuition with a Tutor introduced by Katie Jayne Tutors. Should a Client breach this obligation, they will be liable to account to Katie Jayne Tutors for all sums paid to the Tutor without deduction and Katie Jayne Tutors shall be entitled to obtain an injunction against a Client to prevent further breaches. This obligation shall continue notwithstanding termination of this agreement.
3. Information and Assistance from Client
3.1 The Client must provide to us (and, if applicable, to any relevant Tutor), in a timely manner, any information and instructions which the Company or any Tutor from time to time reasonably request to enable the Services to be performed in accordance with these Terms and the Order Confirmation. If you fail to do so, the Company may immediately terminate the agreement between us for the provision of the Services (if that failure has a material detrimental impact on our ability to provide the Services) or levy an additional reasonable charge (which the Client shall be obliged to pay) for any additional cost or expense incurred by the Company or a Tutor as a result of such failure.
3.2 Where any Services are to be provided on any premises of or designated by the Client or the Student, the Client must provide the Tutor, in a timely manner, with sufficient details of the relevant location, ensure that appropriate access is available to the Tutor at all relevant times and that such premises are suitable and safe for the provision of the Services. No charge shall be levied on or paid by the Company or any Tutor for or in relation to the provision of any such premises.
4. The Company’s Charges
4.1 The billing process will be under the control of Katie Jayne Tutors. The fees will be calculated at a rate agreed in advance between Katie Jayne Tutors and the Client on a per hour basis, and based upon the agreed arrangements with the Tutor and Client.
4.2 The company charges a one-off administration fee of £120 which is added to your first bill.
4.3 Payments must not be made directly to the Tutor at any time. Katie Jayne Tutors reserves the right to claim back any payments which were made without our knowledge. All payments are made in arrears at the end of each month and clients will be invoiced in advance before payment is deducted.
4.4 Payment is taken via direct debit through GoCardless and TutorCruncher our secure cloud- based program.
4.5 Without limiting any other rights or remedies that the Company may have, if the Client fails to make any payment due to us on it due date for payment, the Company may terminate entirely its agreement with the Client for the Services or suspend performance of the Services until the outstanding amount has been paid.
5.1 If a Student is unable, because of illness or other incapacity or for some other reason outside his or her reasonable control, to attend any tuition or the provision of any other Services at the time and date provided for in these Terms, the Client shall give (or shall ensure that the Student shall give) as much prior written notice to that effect, both to the Company and any relevant Tutor, as is reasonably practicable.
5.2 If the Company is unable due to the illness or other incapacity of any Tutor or for any other reason outside of the Company’s reasonable control, to provide any Services at the times and on the dates provided for in these Terms, the Company shall give (or shall ensure that each relevant Tutor shall give) as much written notice to that effect, both to the Client and to each relevant Student, as is reasonably practicable.
5.3 Where any notice is given under paragraph 5.1 or 5.2, the Client and the Company shall each make every reasonable effort, in conjunction with each relevant Student and Tutor, to agree a suitable alternative time and date, which shall be as soon as reasonably practicable, for the provision of the postponed Services.
5.4 If the Company and the Client are unable within 3 business days after receipt of a notice under paragraph 5.1 or 5.2 to agree on a new time and date for the postponed Services, the Company will have no obligations to provide the postponed Services and no charge under paragraph 4 shall be made by the Company for the postponed Services (and any pre-paid charges shall be reimbursed to the Client), unless the Student failed to attend at the agreed time and the Student and the Client failed to give any notice under paragraph 5.1 more than 48 hours before the time at which the postponed Services were originally due to be provided, in which case the Company reserves the right to charge for the postponed Services in full.
5.5 We run a 48 hour cancellation policy. If you give less than 24 hours notice of cancellation you are liable for 100% of the lesson cost.
6.1 The Company will seek to ensure the suitability of Tutors introduced by it to the Client for the performance of Services by (amongst other things) obtaining confirmation of the Tutor’s identity, his or her relevant experience, training and qualifications and of any authorisation and clearances (including from the Criminal Records Bureau) which may be required by law or by any relevant professional body. The Company will not carry out CRB checks for Tutors. The Company will try to check tutors’ CRB’s initially, but Tutors are responsible for their CRB’s being up to date, thereafter.
6.2 If at any stage during performance of the Services, the Client has concerns about the competence, qualifications, suitability or performance of any Tutor providing any Services, it must notify its concerns to the Company as soon as reasonably practicable, and the Company will then endeavour, in consultation with the Client, to satisfy those concerns (including, where appropriate and reasonably practicable, by seeking to provide an alternative Tutor to perform some or all of the unperformed Services).
6.3 Subject to the other paragraphs under this heading “Tutors”, the Company shall have no liability for any loss or damage arising directly or indirectly from any act or omission of any Tutor introduced by the Company and providing any of the Services. 6.4 The Tutors are not employees or agents of the Company and, save where expressly provided for in these Terms, no Tutor has any power or authority to increase, reduce, or vary the Services as set out or referred to in the Order Confirmation and these Terms or to alter or waive any of these Terms or any of the provisions of the Order Confirmation, or to bind or commit the Company in any way. 6.5 Nothing in these Terms shall exclude or limit in any way the Company’s liability for death or personal injury caused by its negligence; or for its fraud or fraudulent misrepresentation; or for any breach of the obligations implied by section 2 of the Supply of Good and Services Act 1982; or for any losses for which the Company is prohibited to limit liability by section 7 of the Consumer Protection Act 1987; or for any other matter for which it would illegal or unlawful for the Company to exclude or limit or attempt to exclude or limit its liability.
7.1 We ask for four weeks written notification both to the Company and to the Tutor, if you wish to stop lessons.
7.2 Without limiting its other rights or remedies, either the Client or the Company may terminate the agreement relating to the provision of Services with immediate effect by giving written notice to the other if:
(a) the other commits a material breach of these Terms and (if such breach is remediable) fails to remedy it within 5 business days after being notified in writing of the breach;
(b) a petition is filed, a notice is given, a resolution is passed or an order is made, for or in connection with the winding up of that other, or that other (being an individual) is the subject of a bankruptcy petition or order;
(c) an application is made to court or an order is made for the appointment of an administrator or a notice of intention to appoint an administrator is given or an administrator is appointed over that other or a receiver or an administrative receiver is appointed over some or all of the assets of that other;
(d) that other suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or begins negotiations with all or any class of its creditors with a view to rescheduling any of its debts or makes a proposal for or enters into any compromise or arrangement with its creditors; or
(e) any event occurs or proceeding is taken with respect to that other in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events or matters identified in sub-paragraphs (b) to (d) of this paragraph 9.1.
7.3 Save as expressly stated in these Terms, termination of the agreement for the provision of services either under paragraph 7.1 or under any other provision of these Terms shall not affect any rights, remedies, obligations and liabilities of the Company or the Client accrued as at the date of such termination. Any provisions of these Terms which expressly or by implication have effect or are intended to have effect after such termination shall continue in full force and effect.
8. Data Protection Act
8.1 Katie Jayne Tutors uses tutor data for the purposes of the services that it provides. Tutors providing personal data consent to the use of that data by Katie Jayne Tutors for the purpose of effecting introductions to clients, for billing and fee collecting purposes and to enable Katie Jayne Tutors to contact the tutor from time to time.
8.2 Katie Jayne Tutors reserves the right to alter these terms and conditions. Katie Jayne Tutors will, however, notify you in writing of any changes. Unless otherwise agreed in writing by a Director of Katie Jayne Tutors, these Terms and Conditions shall prevail over any other terms of business or conditions put forward by you. No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by a Director of Katie Jayne Tutors.
9.1 We currently offer a £50 gift voucher* for every successful referral to Katie Jayne Tutors. This can be a new family or a new teacher. *Each new family/teacher must complete at least 10 sessions with us.
10.1 Acceptance of our services will be taken to represent agreement to these Terms and Conditions.