Contract for Tutor Services
We ask all tutors to read carefully the Contract for Services before signing.
This agreement is between:
(1) Tutor Valley Limited (the Company), a private limited company providing an agency service to tutors and registered at Companies House, number 09920668 with registered business address being . International House, 142 Cromwell Road, London, SW7 4EF
(2.) The Tutor. The Tutor wishes to provide tuition services, in consideration for the Fees received. The Company will be acting for the Client (this maybe the student, parent or guardian, or other party) and will pay fees to the Tutor on behalf of the Client
1.0 Description of Services
1.1 This is a Contract for Services. It is not a contract of employment
1.2 The Tutor shall be entirely self-employed and nothing in this Agreement shall constitute an employer/employee relationship.
1.3 The TVL is under no obligation to provide any further paid work or unpaid work in the future.
1.4 In exchange for the agreed fee, the Tutor agrees from the date of acceptance of this Agreement until the termination hereof to be available to provide the services, at the request of the Client, at such times as are mutually convenient.
1.5 It is understood that the Tutor shall have no obligation to provide the services hereunder, nor shall the Client have any obligation to provide work for the Tutor.
1.6 It is agreed that the Tutor shall at all times perform the services to the highest standard.
In particular the Tutor shall make every effort to:
- be punctual
- be presentable and dressed in an appropriate and respectable manner at all times
- be polite, diligent and helpful. Never to use profanity or sexual innuendo in front of a Client or Student, or make derogatory remarks about a Student. Any tutor who does this will be removed from The TVL immediately
- do all the necessary preparation for each tutoring session
- not to cancel lessons unless absolutely necessary. It should be noted that tutors who repeatedly cancel lessons or fail to notify the Client of cancelled lessons may be removed from the TVL.
1.7 If for any reason the Tutor shall be delayed due to circumstances beyond his/her control, the Tutor agrees to contact the Client to let him/her know (even if the Tutor will be as little as five minutes late). The Tutor agrees to make up this lost time where appropriate by staying longer than the allocated tuition session or by making it up in the following session.
1.8 The Tutor must keep the Client informed of any issues or problems with each Student taught, as and when they develop.
1.9 The Tutor agrees, so far as is reasonable, to be in ready contact by email with the Client to enable the Client to inform him/her of possible hours of Tuition and of any cancellations.
1.11 The Tutor agrees that once s/he has accepted a placement then the Tutor is committed to the specified times and dates.
1.12 The Tutor shall, at the request of the Client, provide any information as to the Student’s performance.
1.13 The Tutor shall keep an up-to-date record and schedule of all hours worked.
2.0 The Company
2.1 The Tutor accepts that the Company is providing an introductory role for the Client in which the Company:
- negotiates with the Tutor on the Client’s behalf to agree the terms on which the Tutor will provide Services;
- requests feedback from the Tutor to ensure the best Tuition;
- deals with the administration of the Client’s payment of the Fee to the Tutor; and
- provides general liaison services on behalf of the Client as between the Client and the Tutor
2.2 The Tutor accepts that in providing the services described above the Company is acting as the agent of the Client and therefore the Tutor will accept all requests, instructions and communications from the Company that are made on behalf of the Client as if they came from the Client directly.
2.3 The Tutor also accepts that the Tutor has no direct contractual relationship with the Company and therefore:
- the Company has no contractual obligations or liability to the Tutor; and
- the Company is not acting as an agent for the Tutor.
3.0 Payment and Conciliation Policy
3.1 For Hourly Tutorials it is agreed that the Tutor shall be paid the Hourly Rate for each hour of Services provided. For Daily Placements the Tutor shall be paid the Daily Rate for each day of Services provided. For Weekly Placements, the Tutor shall be paid the Weekly Rate for each week of Services provided
3.2 For Hourly Tutorials, it is agreed that the Client may elect to change tutors after the first lesson if in the reasonable opinion of the Client or Student the Tutor is unsuitable. The Tutor may also elect to decline further lessons at this stage if in the reasonable opinion of the Tutor the Client’s requests are unreasonable.
3.3 The Company will pay the Tutor the agreed rate at the end of each calendar month provided all tutoring hours have been appropriately logged in and none of these hours have been challenged by the Client.
3.4 It is agreed that all payment arrangements between the Client and the Tutor shall be handled by the Company
3.5 The Tutor shall not approach the Client directly or indirectly in relation to payment matters.
3.6 The Tutor agrees that if payment is made directly between themselves and any Client(s), whether they be current or former Client(s), then any outstanding payments will be withheld from the Tutor by the Company and full monies owing to the Company will be pursued in full from the Tutor. The Tutor shall be severally liable for any costs incurred by the Company in this regard.
3.7 The Tutor acknowledges that s/he is responsible for payment of all taxes, national insurance and social security contributions due in respect of payments to be made under this Agreement and that s/he shall fully indemnify and hold the Client and the Company harmless in this regard.
3.8 The Tutor acknowledges that s/he is in no way covered by the Client or the Company in any matter(s) of insurance and will take out, should s/he deem appropriate, his/her own insurance policy in respect of any personal and/or third-party claims. The Company strongly recommends that the Tutor takes out adequate insurance.
3.9 The Company will advise the Tutor if a Client has not paid and is in arrears with their account. In this case, the Company recommends that the Tutor does not deliver the tutoring session until The Company confirms payment by the Client. If the Tutor decides to go ahead with the tutorial knowing that the Client has not paid for previous sessions, the risk of non-payment rests solely with the Tutor. If the Company is unable to secure payment for that session the Company is not liable for the Tutor’s fee. The Company has a clear payment policy for Clients and will pursue for monies owing.
4.0 Tutor Declaration
4.1 The Tutor warrants that all information given to the Client (via the Company or otherwise) whether prior to or during the provision of tuition is true and accurate in all respects. The Tutor has represented that s/he is skilled to teach the subjects as per the Curriculum Vitae provided to the Company and by provision of qualification certificates. Any breach of this clause shall entitle the Client to terminate the Tutor’s Services immediately.
5.0 Termination of Agreement
5.1 Both parties appreciate the importance of a good understanding and trust between the Tutor and the Student. Accordingly, if the Client is, in his/her reasonable opinion, not happy with the Tutor the Client must notify the Tutor and the Company of its dissatisfaction in writing. This Agreement shall then terminate with immediate effect and there will be no further charges or payments due to the Tutor. If the Tutor, in her/his reasonable opinion, is unhappy with Client and/or Student behaviour they must inform the Company and the Company may terminate the contract with the Client or find an alternate Tutor.
5.2 The Tutor hereby agrees that the Company may terminate this Agreement with immediate effect:
- if the Tutor commits a serious or material breach of any of his or her obligations
- if the Tutor repeatedly commits minor breaches of obligations under this Agreement
- if the Tutor acts in such a way so as to discredit the Company
- if the Tutor shall have been found guilty of any criminal offence (other than any offence not involving a custodial or suspended custodial sentence under the Road Traffic Act).
- Breach of conditions under section 1.6 above
5.3 In the event of termination of this Agreement further to any of clauses 7.3 above, the Tutor acknowledges that s/he will be liable for any costs or expenses directly or indirectly incurred, any liability or damages faced by the Client, and any action taken by the Client in this regard.
5.4 The Tutor may terminate this agreement at any time with the provision of 2 weeks written notice.
6.0 Tutor Declaration
6.1 The Tutor agrees at all times during and after his/her provision of the Services not to disclose to others any confidential information or knowledge pertaining to the business affairs and operations of the Company, including but not limited to trade know-how, trade secrets, client lists, information about other tutor(s), information about any Client(s) and their family/ies, pricing policies, operational methods, marketing plans or strategies, future plans, and business acquisition and/or expansion plans. This clause is subject to the proviso, however, that any disclosure compelled by law or legal process does not constitute a breach or violation of this clause, and neither shall any information be deemed confidential or secret for purposes of this Agreement if it is generally known in the industry.
6.2 The Tutor agrees at all times during and after her/his provision of services to maintain discretion regarding the Student, Client, their home or family.
7.0 Data Protection
7.1 The Company will use the information provided by the Tutor to deal with the administration of the Services and to assist in placing the Tutor with other suitable Students. The Company may disclose the Tutor’s information for this purpose to other Clients. Tutor information will not be shared with any outside agency.
7.2 The Company may use the information and profile image provided by the Tutor to advertise services and to attract Clients to the Tutor. At our discretion we may use references and client testimonials. No personal contact details or full names will be used and CVs will not be shared.
8.0 Contractual Relationship
TVL acts as an agent on behalf of the Client and the Tutor providing introductions for clients and students to tutors and vice versa. It also collects fees from the Client on behalf of the Tutor, together with its own fee and VAT which are payable solely by the Client. Tutors do not collect fees. TVL is responsible for pursuit of late payments from clients where the tutor’s timesheet has been received.
Tutors are free to provide tuition to students or clients not introduced to the Tutor by TVL. Tutors must not make private arrangements with clients or students introduced by TVL as this could put the Client in a breach of contract situation with The Tutor Team where he or she is liable to pay a fee. If a tutor makes a private arrangement with a client, TVL will remove the Tutor from our register and not provide any further assignments. In the case where clients or students introduced by TVL refer tutors to other clients or students, including friends and siblings, Tutors may only provide tuition to these clients or students if they do so through TVL. In the event where tutors provide tuition to a student or client introduced by TVL and where this student or client is also registered with another agency, the Tutor is not permitted to invoice another agency for payment for this client in lieu of TVL, where TVL is the agency which introduced the Client or Student to the Tutor. Clients are prohibited by contract by entering into private agreements with tutors introduced by the Company or referring tutors to other clients or students.
Tutors must not bill or invoice clients directly or accept payments from clients or students introduced by TVL. These guidelines together with TVL terms of business and the Tutor’s written confirmation of assignment details form a part of the Tutor’s contract with TVL and with the Client.
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