Terms and Conditions - Tutor
This Agreement sets out Terms and Conditions governing the relationship between TeachTutti and the self-employed tutor.
Explanation of Terms
Tutor requirements
To be a tutor you must be:
- 18 years of age;
- In possession of a UK bank account and phone number;
- Eligible to work in the UK as a self-employed sole trader;
- Working as an individual rather than on behalf of a group or organisation;
- In possession of public liability insurance to cover your work as a tutor with TeachTutti;
- Responsible for providing accurate information on the TeachTutti profile that you create and maintaining its accuracy at all times.
- Responsible for invoicing TeachTutti for lessons completed (TeachTutti cannot guarantee payment for late invoices as students retain the ability to terminate direct debits).
TeachTutti services
2. TeachTutti acts on behalf of self-employed tutors in order to find students for them to teach. Prospective students are actively acquired and registered with TeachTutti for the intention of finding a suitable tutor registered with the company.
3. TeachTutti agrees to provide the following services to the tutor:
a) TeachTutti will promote and market the services of tutors via the TeachTutti website and in material published or distributed by TeachTutti periodically. These services will be given to the tutor on a non-exclusive basis alongside other tutors registered with TeachTutti.
b) TeachTutti operates a fee collection service whereby all tuition fees will be held by TeachTutti as agent for the tutor. The tutor’s lesson fee will be transferred in full to the tutor after receiving an accurately completed invoice on the day of the lesson. The student’s fee for using TeachTutti’s service will first be deducted before the transfer is made. The net amount payable is calculated through referring to the Schedule of Tuition and TeachTutti Fees (see Appendix 1).
c) Students will be introduced to the tutor by TeachTutti. TeachTutti has sole discretion in all introductions and will strive to ensure new students are introduced to tutors in a fair and reasonable way (according to the tutor’s skills, experience, geographical location, teaching approach, and availability). The wishes and preferences of a prospective new student will always be taken into account.
d) Any other services as agreed in writing between TeachTutti and the tutor periodically.
TeachTutti fees
4. TeachTutti acts as a recruitment platform finding students on behalf of certified tutors living predominantly in London: the company is responsible for providing student introductions and a support service for tutors. The payments made by students through TeachTutti are predominantly payments to the tutor and do not constitute income for TeachTutti. TeachTutti merely provides a service to the tutor in collecting the monies that the tutor is owed by the student and only holds the monies temporarily. These monies are transferred to the tutor on a weekly basis after the company has received the tutor’s invoice for lessons completed. TeachTutti charges students a capped 12% fixed fee for all lessons completed through the company. This fee is added to the total lesson cost and is deducted before the remaining lesson payment is paid to the tutor via a bank transfer.
Relationship between the parties
5. The tutor understands and accepts there is no employment relationship or expectation of employment between themselves and TeachTutti. At all times the tutor will remain independent.
6. TeachTutti understands and accepts that it is providing the tutor with the services of student introductions and fee collection. TeachTutti acknowledges that the tutor is not at any time being employed by the business or by Liam Hindson.
7. Both parties accept that they are self-employed individuals in business independently and all engagements and introductions are for the tutor to provide private lessons to students.
8. The tutor understands and accepts that it is his/her responsibility for the following: income tax; national insurance; any value added tax or such similar taxes, levies or charges arising from any tuition services provided to students in accordance with this Agreement, indemnifying TeachTutti in respect of any such taxes, levies or charges.
9. The tutor also understands and accepts responsibility for any claims arising from the delivery of her/his tutor service. To this end the tutor will have public liability insurance for all services delivered as a result of an introduction by TeachTutti. This includes any claims arising from inaccuracies contained in the tutor’s profile on TeachTutti.
Student introductions and provision of tuition services
10. The number of students taught and the timing of each lesson is at the complete discretion of the tutor, who is responsible for managing all his/her students’ lesson times and dates following the initial lessons arranged by TeachTutti on the tutor’s behalf.
11. The tutor does not have to accept any students introduced by TeachTutti. The tutor is free to accept and perform engagements privately with others schools, students, businesses or persons that are not introduced by TeachTutti.
12. There is no responsibility on the part of TeachTutti to provide work for the tutor or guarantee an introduction to student(s) if no suitable matches appear between a prospective student and the tutor.
13. The decision of travelling to teach is left to the tutor, who is responsible for all travel costs.
14. TeachTutti possesses no curriculum or specific teaching approach. The tutor is responsible for determining and employing the appropriate teaching method for each individual student.
15. Training and professional development are the responsibility of the tutor.
16. The tutor is required to provide his/her own equipment for lessons with students acquired through TeachTutti.
17. The tutor is responsible for providing evidence of qualifications and tutoring experience to TeachTutti prior to student introductions. The tutor will be responsible for any implications arising from the provision of false or misleading information.
18. In preparing her/his profile on TeachTutti the tutor will comply with all current data protection and privacy legislation, for instance by ensuring that any photographs or information about third parties are only used with the full consent of the third party.
19. TeachTutti reserves the right to amend a tutor’s profile for the purposes of maximising its marketing impact.
20. The tutor can change her/his profile at any point after the initial set up, but changes will need to keep within stated guidelines and may require the approval of TeachTutti.
Tutor tuition fees payment
21. TeachTutti will advise students on behalf of their tutor that any lessons which are cancelled at less than 24 hours’ notice may still be charged and the tutor’s fee paid.
22. The tuition fees for lessons will be received by the tutor through bank transfer every fortnight after TeachTutti has received an accurate invoice on the day of each lesson undertaken. Tutors decide their own tuition rates and are presented to prospective students on their profile page.
23. If a tutor fails to collect any fees within 2 months of the lesson date, these will be considered forfeit and will no longer be payable to the tutor by TeachTutti.
Student safety and tutors
24. Before registration is completed with TeachTutti, the tutor must either provide proof in documentation of an enhanced safety check or membership to the government scheme DBS Update Service
25. The safety and suitability of each particular teaching environment for the tutor is not guaranteed by TeachTutti. The tutor must decide for her/himself whether lessons with a student can continue, after assessing the learning environment following the initial engagement.
26. If the tutor chooses not to continue lessons with the prospective student after observing the proposed teaching environment, TeachTutti will withdraw the tutor and, if appropriate, find an alternative tutor. TeachTutti will have no other liability to the tutor in regard to matters outside its reasonable control.
Tutor insurance
27. TeachTutti advises tutors to acquire professional indemnity insurance and requires them to have public liability insurance, the latter being used to cover any lessons given at home. Indemnity should be agreed with TeachTutti against any potential claims occurring from tuition given by the tutor to students introduced by TeachTutti.
Termination of tuition
28. Two lessons’ notice is the agreed amount of time the tutor will give before stopping lessons with any student introduced by TeachTutti.
29. There are two booking types: Ongoing and Fixed. Ongoing tuition continues indefinitely with no end date. Fixed bookings are for a student defined number of lessons. If a student decides to end a booking early, the tutor will continue to teach them for the remaining lessons in their current block, which can be between 1 and 4. These lessons serve as the notice period for tuition termination. The exception is if the student has a complaint about tuition received, in which case lessons will end immediately and TeachTutti will take further action if necessary.
30. If any ongoing relationship with a student is terminated by a tutor, the tutor agrees to provide a brief handover report to enable the finding of a suitable replacement tutor, if relevant. This will be done before the end of their 2 lessons’ notice.
Non-Compete Agreement
31. The tutor agrees not to engage directly with any student for the provision of tuition services for a period of 12 months after the final lesson that the student receives from TeachTutti. The tutor understands and accepts that if they do engage with the student within that 12 month period they will pay TeachTutti all monies due for the tutor fee for each completed lesson and will further refund TeachTutti for any costs it has incurred in recovering those monies.
Acceptance of the Terms and Conditions of this Agreement
32. Both parties agree to be bound by the terms and conditions of this Agreement until such time as the Agreement is either terminated or superseded in writing. This agreement is set from the moment the tutor has submitted an application to join the TeachTutti service.
Appendix 1
Standard Tuition and TeachTutti Fees
TeachTutti charges a capped 12% fee for arranging the lessons and tuition fee payments. This fee is added to the total lesson cost and is not deducted from tutor earnings. TeachTutti has sole discretion to change the fees rates below after giving at least 28 days’ notice of any proposed changes to the tutor and students.
There will be occasions where the student, TeachTutti and the tutor agree other Tuition Fees and Commission rates as appropriate. These variations on the Standard Tuition Fees and fees payable to TeachTutti will be agreed and confirmed in writing before any lessons are recommenced.