Katie Jayne Tutors Limited Terms of Business with Tutors.
Our tutors are all self-employed.
The following arrangements are understood and agreed by both parties:
1.1 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). Katie Jayne Tutors acts as agent on behalf of the tutor and the student.
1.2 Katie Jayne Tutors is only responsible for finding students and an appropriate teacher for the specific subject, and is not responsible for the content of lessons and the teaching methods.
2. Private Arrangements
2.1 In consideration of Katie Jayne Tutors providing you with students, you are not permitted to make private arrangements for tuition with clients introduced by Katie Jayne Tutors or with new clients introduced by Katie Jayne Tutors clients. Should you breach this obligation, you will be liable to account to Katie Jayne Tutors for all sums received by you from the client/new client without deduction and Katie Jayne Tutors shall be entitled to obtain an injunction against you to prevent further breaches. This obligation shall continue notwithstanding termination of this Agreement.
2.2 Any work referred to a tutor by a client of Katie Jayne Tutors must be billed through Katie Jayne Tutors on your behalf. Katie Jayne Tutors is happy to negotiate on commission for new clients referred to you by our clients but Katie Jayne Tutors must process the billing.
3. Tutor’s Commitments
3.1 The Tutor will provide the Tuition with all due care and skill, in conformity with these Terms and the Confirmation and in compliance with all applicable statutory and regulatory requirements and standards of best practice.
3.2 The Tutor shall take all appropriate steps to safeguard and protect the interests of the Student.
3.3 The Tutor warrants and represents to the Company that all written and oral statements and information provided by the Tutor to the Company for the purposes of or in connection with the Tuition, including (but not limited to) personal information about the Tutor and/or your qualifications, credentials, references and suitability for providing the Tuition were when provided and remain true, complete and accurate.
4. Dates, Locations and Extent of Tuition
4.1 Unless otherwise stated in the Confirmation or separately agreed in writing by the Company and subject to paragraph 3.2, the date or dates on which (or the period or periods within which) the Tuition is to be provided by the Tutor to the Student, will be agreed between the Tutor and the Student or Client. Unless otherwise stated in the Confirmation or separately agreed in writing by the Company, the Tuition will be provided at a suitable location or locations owned or made available by the Client, as agreed from time to time between the Tutor and the Client (or the Student).
4.2 The Tutor will make all reasonable efforts to ensure that the Tuition is actually provided on the dates (or within the periods) agreed in accordance with paragraph
4.3 If events or circumstances outside the reasonable control of the Tutor prevent the Tutor from doing so, the Tutor will make every reasonable effort, after appropriate discussion with the Company, the Client and/or the Student, to ensure that the Tuition is provided as soon as reasonably practicable.
4.4 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, save with the prior written consent of the Company.
4.5 No agreement between the Client (or the Student) and the Tutor which purports to have the effect of increasing, reducing or varying the Tuition or altering these Terms or the provisions of the Confirmation will be effective or binding on you or us, unless it is expressly provided for in these Terms or confirmed in writing by both you and us.
5.1 Katie Jayne Tutors will agree the fee structure with the client and this must not be changed without written authority of Katie Jayne Tutors.
5.2 As part of the service, Katie Jayne Tutors will collect the fees due from students and passing them on to you, net of a commission. Katie Jayne Tutors invoices clients on behalf of tutors, based on the arrangements of the Client. Payments will only be made once the invoices have been paid by the client.
5.3 You must ensure that you fill in your lessons on TutorCruncher after each lesson and write a short review of the session. If you are late completing this or there is incorrect information on them your payment may be delayed or not paid. You must keep TutorCruncher up to date.
5.4 Katie Jayne Tutors recommends that tutors keep a signed record of all lessons taught (or cancelled with less than 24hrs notice). We do not need to see this but if a client disputes hours that are invoiced we will be unlikely to be able to pay tutors if this record has not been signed.
5.5 You must not accept any payment direct from the client without the written permission of a Director of Katie Jayne Tutors. Should you do so, all sums received by you will be immediately payable to Katie Jayne Tutors and shall be actionable through the Courts without further notice to you.
5.6 You undertake to Katie Jayne Tutors that you will duly pay the tax and national insurance contributions which are due from you whether in the United Kingdom or elsewhere in relation to the payments to be made to you by Katie Jayne Tutors under this Agreement and further agree to indemnify Katie Jayne Tutors respect of all and any income tax and national insurance contributions which may be found due from Katie Jayne Tutors on any payments made to you under this agreement together with any interest, penalties or gross-up thereon.
5.7 You will receive payment once a month after the lessons have been completed.
6. Cancellation policy
6.1 Both the client and the tutor must notify the other in advance of any holiday commitments they may have; and any changes to the tuition timetable necessary because of illness or inconvenience. An alternative date will be arranged.
6.2 48 hours cancellation notice of any session must be given by the client, under which Katie Jayne Tutors charges them if they cancel the lesson without offering an alternative day and time. Tutors are entitled to 100% of the agreed sessions payment to them if the client cancels within 24 hours, outside which none is provided. We understand that circumstances out of both the clients and tutors control can arise and therefore we ask for a degree of flexibility regarding cancellation and rescheduling of lessons.
7.1 Katie Jayne Tutors do 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 Katie Jayne Tutors without limit in respect of any such claims.
8.1 You undertake that you shall not at any time during this agreement, and for a period of five years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of Katie Jayne Tutors, except that you may disclose Katie Jayne Tutors confidential information as may be required by law, court order or any governmental or regulatory authority.
8.2 You shall not use Katie Jayne Tutors confidential information for any purpose other than to perform your obligations under this agreement.
9. Data Protection Act
9.1 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.
9.2 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.
10.1 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.
11.1 Acceptance of our services will be taken to represent agreement to these Terms and Conditions.