Terms & Conditions

Terms and Conditions for Clients

  1. Recitals
    i. The Client is the person who agrees to the purchase of tutoring services on behalf of the Student, and Collegiate Tutors Limited (the “Company”) introduces suitable tutor(s) to the Client.
    ii. The Client wishes to engage the Company as an agent to receive suitable introductions to tutor(s).
  2. Interpretation
    i. The Client is the person who agrees to the purchase of tutoring services on behalf of the Student.
    ii. The Student may be the same person as the Client or another person. The Student is the person who receives the tutoring service through sessions of tutoring.
    iii. The Tutor delivers the tutoring service. The Tutor is a self-employed tutor that wishes to engage the Company as an agent to provide introductions to clients.
    iv. Collegiate Tutors Limited is the Company. The Company is an agency that introduces suitable Clients to Tutors, acting as an independent contractor.
    v. The Agreement refers to the agreement entitled, “Agreement between Tutors and Clients,” appended to these terms and conditions.
  3. Introduction
    i. The Company is an agent for the introduction of one or more tutors to the Client. The Company does not provide tutoring services. We are a tutoring agency and we are a party to this contract.
    ii. You are referred to in this contract as ‘the Client’, and you are the other party to this contract. You agree to the purchase of tutoring services on behalf of ‘the Student’. ‘The Student’ may be yourself or another person. The Student is the person who receives the tutoring service through sessions of tutoring.
    iii. The Client hereby agrees to these terms and conditions which relate to The Company’s introduction of a Tutor to the Client, by submitting an enquiry through the ‘Make an Enquiry’ page of the Company’s website: www.collegiatetutors.co.uk. In exceptional circumstances, where agreed in writing between the Company and the Client, these terms and conditions can be accepted by the Client through signing a document containing these terms and conditions and the Agreement.
    iv. The tutoring services are provided by the Tutor under a separate Agreement between the Client and the Tutor. This Agreement is appended to these terms and conditions, and is the same as the agreement provided to each Tutor.
    e. The Termination or Conclusion of these terms and conditions and the Agreement occurs when all of the obligations under these terms are complete or discharged, excluding the ongoing undertakings in paragraph 5iii and 5iv of these terms and conditions. Conclusion of the Agreement will typically occur at the end of the final lesson but may occur at another time in accordance with Section 6 of this contract.
  4. General
    i. The Client acknowledges that these terms govern the legal rights and obligations between the Client and The Company. The Company reserves the right to alter these terms and conditions.
    ii. No variation or alteration of these terms by the Client shall be valid unless expressly approved in writing by The Company.
    iii. This agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
  5. Contractual Relationship
    i. The Company provides introductions of Tutors to Clients and vice versa; The Company is an agent for the Tutor. It also collects fees from the Client on behalf of the Tutor together with its own fee relating to its administration and introduction commission. The hourly rate for tuition includes the Tutor’s fees and the Company’s own fee.
    ii. The Company is an agent operating as an independent contractor, the Tutors are not employed by the Company and are therefore self-employed.
  6. Agreement with the Tutor for the provision of tutoring services
    i. A Tutor will be deemed to have been introduced to the Client by The Company when either the name of the Tutor is provided to the Client by The Company following the request for a Tutor by the Client, when a tutor meets the client (if no prior contact is made) at the time arranged by The Company for the first session, or when The Company arranges for a Tutor to contact the Client following a client’s request for a Tutor to the Company.
    ii. By booking a Session with the Tutor, the Client agrees to be bound by these Terms and Conditions and by the terms contained within the Agreement.
    iii. 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 power to bind the Company in any way.
  7. Prohibition of other Arrangements
    i. The Client will not agree any alternative fees with the Tutor and agrees not to render any direct payments to the Tutor.
    ii. The Client is not permitted to enter into any private arrangements with any Tutor introduced by the Company. The Client undertakes to make all bookings with Tutors introduced by the Company exclusively through the Company.
    iii. A breach of these terms will render the Client liable to account to the Company for all sums received by the Tutor direct from the Client or from a new Client without deduction and the Company shall be entitled to seek injunctions against the Client to prevent further breaches. These obligations continue beyond the termination or conclusion of this agreement.
    iv. Should the Client wish to recommend one of The Company’ Tutors to any other potential or actual Client, the new potential or actual Client must contact the Company to make a booking through the agency.
  8. Replacements and Termination
    i. If the Tutor is unable to complete the course of Tuition, or the Client requests a replacement Tutor because they are not satisfied with the original Tutor assigned to them, the Company will endeavour to find up to two suitable replacement Tutors with regard to the level and subject for which tuition is required.
    ii. If the Company is unable to find such a suitable replacement Tutor within a reasonable time to complete the remaining Sessions of the Course of Tuition, The Company will refund a portion of the fees pre-paid, if applicable, by the Client representing the number of sessions that the Tutor or any replacement Tutor has been unable to complete. If fees have not been pre-paid then the Agreement between the Client and the original Tutor will be terminated, and the Company will be under no obligation to seek a replacement.
    iii. If the Client wishes to terminate the Tuition mid-Course for any reason, no refunds can be granted for the balance of sessions that have been taught; furthermore, one week’s notice must be provided. In that week the Client may choose to utilise the session or sessions that were planned to occur during that week, or not, but will not be refunded if the Client chooses not to utilise the session or sessions during that week if sessions have been pre-paid. The Company will refund all monies prepaid excluding fees for the sessions that have already been taught and those fees for the week following the notification of Termination.
  9. Payment
    i. The Client will pay by bank transfer for the first monthly payment period, processed by the Company’s payment system, Stripe. Thereafter if the Client is paying monthly, payment can be made via our online direct debit payment system, GoCardless, or they can continue to pay monthly through Stripe.
    ii. The Client will pay on a monthly basis, following the completion of the previous month’s tuition. The Client will be invoiced during the first week of the month in respect of tuition that has been delivered over the course of the previous month.
    iii. Upon delivery to the Client of their monthly invoice, the Client must pay the full price of tuition, as stated on the invoice, within 5 days. Failure to do so will incur a late payment fee of £50 that will be split equally between The Company and the Tutor(s) who delivered the tuition. The Company will suspend tuition by the contracted Tutor(s) following the 5 day deadline, until payment for the previous month’s tuition has been received.
  10. Client’s Responsibilities
    i. The Client shall notify the Company immediately and without delay and in any event within 24 hours if the Tutor fails to attend work or notifies the Client that (s)he is unable to attend work for any reason.
  11. Expenses
    i. Provided the Client gives clear prior consent in writing, the Tutor may obtain educational resources such as textbooks on behalf of the Client/Student. As stated in paragraph 5, the Client agrees not to render any direct payments to the Tutor. The Company must be informed of any such arrangement to obtain educational resources, and will arrange reimbursement for the Tutor via invoice to the Client.
  12. Liability
    i. The Company 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.
    ii. The Company does not exclude liability that is not permitted to be excluded by law, and in particular we do not exclude liability for death or personal injury arising from the Company’s own negligence.
    iii. The Company will not be liable to the Client or any third party for any act, omission or error (whether wilful, negligent or otherwise) of the Tutor.
    iv. Whilst every effort is made by The Company to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Tutors and further to provide them in accordance with the Client’s needs, the Company is not liable for any loss, expense, damage or delay arising from the negligence, dishonesty, misconduct, accidental or deliberate damage to property during the assignment or lack of skill of the Tutor.
    e. The Client shall indemnify and keep indemnified the Company against any costs, claims or liabilities incurred by the Company arising out of any assignment or as a result of any breach of these terms by the Client.
    f. The Company does not accept any liability for the consequences of tuition, including, but not limited to, exam results, university offers and dissertation scores.
    g. The Company is not responsible for insurance arrangements in respect of the self-employed Tutor providing tutoring services and the Client should note that this is the case.
  13. Scheduling and Cancellation
    i. Clients should be aware that there can be considerable preparation involved before each session of tuition, in addition to travel time and cost to the Tutor.
    ii. Notice of cancellation of a scheduled tutoring Session for any reason whatsoever must be given by the Client to the Company more than five hours prior to the scheduled Session. If notice is given more than five hours prior to the scheduled session, the Client will not be charged for the session.
    iii. If notice of cancellation of a scheduled tutoring session is given within five hours of the start of the session, then the Client will be charged with the full payment for that tutoring session, whether it is one, two or more hours, unless the Tutor deems the cause of cancellation to be unavoidable and agrees not to accept payment for the session.
    iv. Should the Tutor not be available on the day, the Client will be informed, and a re-arranged time may be offered by the Tutor. If a suitable alternative time cannot immediately be arranged and the session has been pre-paid, the Company must be immediately informed and this will be a credit session that the tutor and client can arrange in the future. If the Client does not wish to receive the credit session, The Company is not required to reimburse the Client by any alternative means.
    e. If a tutorial 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 Company must be informed of any new arrangements.
    f. If the 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 work at the scheduled end time, the session will be charged at the usual price. If the Tutor agrees to work beyond the scheduled end time at the Client’s request, the Tutor may choose to charge the Client for the additional time. If a Tutor is late for a session, then it is the duty of the Tutor to arrange to make up the lost time.
    g. If the Student or Client chooses to terminate a session early (for example, after one hour of a two-hour session), the Session will be charged at the usual price.
    h. Cancellations by the Client of more than 3 weeks in succession, or that which The Company perceive as unreasonable, regular cancellations, will be considered for immediate termination of contract, at The Company’ discretion.
  14. Data Protection
    i. The Client agrees that they will not disclose any confidential information concerning the Tutor or The Company to any person for the duration of this agreement and for a period of five years after termination of the agreement, save as required by law, court order or any governmental or regulatory authority. More detailed information is available in the Privacy and Data Collection Policy available on The Company’ Website.

    Agreement between Tutors and Clients

    Interpretation
    i. The Client is the person who agrees to the purchase of tutoring services on behalf of the Student.
    ii. The Student may be the same person as the Client or another person. The Student is the person who receives the tutoring service through sessions of tutoring.
    iii. The Tutor delivers the tutoring service. The Tutor is a self-employed tutor that wishes to engage the Company as an agent to provide introductions to clients.
    iv. Collegiate Tutors Limited is the Company. The Company is an agency that introduces suitable Clients to Tutors, acting as an independent contractor.
    v. The Agreement refers to this document, entitled, “Agreement between Tutors and Clients.”

  1. Status of this Agreement
    i. This agreement forms the contract between the Tutor and the Client when The Company has effected an introduction and both the Tutor and the Client have agreed to undertake tuition.
    ii. By agreeing to teach the Student, the Tutor agrees to this contract. By agreeing to have the Student tutored by the Tutor, the Client agrees to this contract. The Tutor and the Client acknowledge that these terms govern the legal rights and obligations between them.
    iii. This contract should be read alongside the Terms and Conditions for Clients and Terms and Conditions for Tutors.
    iv. These terms constitute the whole agreement between the parties and no variation or alteration of these terms shall be valid.
    v. The parties agree that this agreement is exclusively governed by the laws of England and Wales regardless of where tuition takes place.
    vi. The Client is the person who agrees to the purchase of tutoring services on behalf of the Student. The Student may be the same person as the Client or another person. The Student is the person who receives the tutoring service through sessions of tutoring. The Tutor delivers the tutoring service.
  2. Provision of Tutoring Services
    i. The Tutor is self-employed and this should be noted by the Client. The Company acts as agent for the Tutor by introducing the Tutor to the Client. The Company is an independent contractor of each Tutor, not an employer.
    ii. The Tutor will carry out the tutoring services professionally, with due skill, diligence and care.
    iii. The Tutor is responsible for the content of the lessons and will prepare the lessons in accordance with the Client’s instructions and/or a relevant exam syllabus or qualification syllabus as appropriate. The Tutor’s methods of teaching and content of lessons are those of the Tutor alone and are not supervised or controlled by the Company.
    iv. Tutors are responsible for providing all teaching materials.
    v. The Client and the Tutor are jointly responsible for agreeing a safe and suitable environment for the tutoring to take place. This will usually be the Student’s home.
    vi. It is the obligation of the Tutor to ensure that the record of sessions are accurate and up to date via their TutorCruncher login. Clients can check that session timings and durations have been accurately recorded when they are invoiced for the previous month’s tuition over the first 3 days of the following month.
    vii. The Tutor will not provide, or agree to provide, any services, or carry out any work for the Client or the Student other than Tuition, save with the prior written consent of the Company.
    viii. The Tutor should provide two weeks’ notice prior to terminating tuition services for any Client.
  3. Fees and Financial Arrangements
    i. The Company, as agent for the Tutor, will agree an hourly rate for tuition with the Client. The Tutor and the Client agree that all payments will be done through the Company as the agent for the Tutor. The hourly rate may not be changed by the Tutor or the Client without written authority of the Company.
    ii. The Tutor and the Client agree not to make any private arrangements for tuition with each other or with other Tutors or Clients introduced by the Company. A breach of this obligation will render the Tutor and the Client liable to account to The Company for all sums paid and received, and the Company will be entitled to seek an injunction against the Tutor and the Client to prevent further breaches. This obligation continues beyond the end of this agreement and the conclusion of the course of tuition.
    iii. The Client may instruct the Tutor to acquire educational or teaching resources on behalf of the Client/Student. The Company must be informed of any such arrangement, and the Company will arrange reimbursement of the Tutor via invoice to the Client. Tutors are not permitted to accept funds directly from the Client for any reason; Clients are not permitted to pay funds directly to the Tutor for any reason. Clients will have to confirm any such arrangement in writing.
  4. Cancellations and Scheduling
    i. 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 cancellation of a scheduled lesson, The Company must be informed and an alternative date agreed between Client and Tutor.
    ii. Clients must give notice of cancellation of any scheduled lesson more than five hours before the session is due to begin. If notice is given by that time, there is no charge to rearrange the session, and we do not charge for the session on behalf of the Tutor.
    iii. If notice is given within five hours of the start time of the session, then the Company will charge for the session on behalf of the Tutor unless the Tutor views the reason for cancellation to be unavoidable, and they choose not to charge for the session.
    iv. If the Student is late for a session, the Tutor may choose to, but is not obligated to, work beyond the scheduled end time, and the session will be charged at the usual price, whether or not the Tutor works beyond the scheduled end time. If a Tutor is late for a session, then it is the obligation of the Tutor to arrange to make up the lost time.
  5. Liability
    i. The Company is not responsible for insurance arrangements in respect of the Tutor and their provision of tutoring services, and the Client should note this.
    ii. The Company does not accept any liability for any claims by either the Client or the Tutor relating to the provision of tutoring services or any related matters.
    iii. The Company does not exclude liability that is not permitted to be excluded by law.
    iv. The Tutor is engaged by the Client only to provide tuition and is not responsible for the safety, wellbeing, welfare and care of Students or for the protection of any person’s property. Clients who choose to leave the Student alone with the Tutor during the tutorial do so of their own free choice and at their own risk.