Agreement between Tutors and Clients
1. Terms and Conditions – Parents (Client) (1-6)
2. Terms and Conditions – Between Client and Tutor (6-8)
3. Terms and Conditions – Tutors (8-14)
1. Terms and conditions – Client
Tutor Qualifications
Tutors introduced by Bespoke Tutoring are highly qualified with University degrees, teaching certificates, professional qualifications or a combination thereof. Bespoke Tutoring ensures all tutors are DBS checked, as well as lessons are observed to enable us to continue providing a fully professional service. We would be very grateful to hear from you if a Tutor provided by us falls short of your expectations in any way.
The Course of Tuition
Tutors will have different teaching methods and styles and we aim to allocate the tutor who will best fit with the student. One of my primary benefits of private tuition is one that supports our studentorientated approach to tuition. The Tutor will tailor his/her method to the needs of the individual student in a way that cannot be achieved with a larger group classroom setting. There is no set structure to the lessons, the tutor will focus on the student’s weakest areas and work closely with that student to build confidence before moving onto a new topic. Background information given before starting is of great help and the tutor may ask for any additional information needed. Please ensure that tuition can be conducted in a quiet atmosphere conducive to concentration on the tuition involved. Exercise books are usually the responsibility of the client, although we do offer these during in person lessons/workshops. Tuition normally consists of one-hour sessions. Shorter or longer sessions should be agreed in advance with the Bespoke Tutoring admin team. At the start of tuition, it can be difficult to determine how much tuition a student requires. Bespoke Tutoring aims to be as flexible as possible, as it is important to get the balance right for you and your child. Some parents use private tuition as a year-round supplement to their child’s education whilst others may just need a few sessions as a top-up and confidence builder prior to exams. All parents and students would like to see private tuition as a quick fix, in reality it is not. It can take time for trust and rapport to be built between the Tutor and the student. Bespoke Tutoring will endeavour to find a suitable match between the child and the Tutor, taking into account the Tutors availability and your individual requirements which you communicated to us prior to the arrangement. However, sometimes a Tutor’ teaching method or personality may not suit the student. If this is the case, please contact us straight away and we will do our best to find a suitable replacement as soon as possible.
Responsibilities
A Tutor cannot be held responsible for chaperoning minor nor guarding a house and household effects while Tutoring. Please ensure that a responsible adult is on the premises at all times. The Tutor will set homework/assignments for the student to complete. It is beneficial if the parent encourages and reminds their child to complete these. Attendance The minimum charge for the attendance of a Tutor at a session is your hourly rate of charge for that Tutor. Please note that there can be considerable preparation involved before each session of tuition, in addition to travel time and cost to the Tutor.
Illness and Holidays
Please contact your Tutor directly over such matters (via Whatsapp group), especially during the usual holiday periods, giving a minimum of 24 hours’ notice (except in unforeseeable situations). Cancellations without due notice will be charged at the one-hour rate. If a minimum of 24 hours’ notice is provided, the lesson will be rearranged within that month according to the availability of the Tutor (all postponed lessons must take place online, (Zoom), regardless of how tuition is usually delivered). If a Tutor has to cancel, it is the responsibility of the Tutor to make up that lesson within that month, in the same way that lessons are usually delivered (in person/zoom). In the event that a Tutor is unable to make up a lesson, a full refund will be given for that missed session.
Tuition stopped by Tutor
If a Tutor, for any reason, has to stop tuition mid-course, Bespoke Tutoring will endeavour to replace Agreement between Tutors and Clients that Tutor as soon as possible, subject to availability, in order to minimise disruption to the student’s progress.
Tuition stopped by Client
Please give at least two weeks’ notice of end of tuition in writing (via email) to Bespoke Tutoring, so that your Tutor may conclude his/her work with the student and plan his/her work with the student and plan his/her own commitments. This cancellation provision applies after tuition has commenced. The notice will be deemed to have been received by Bespoke Tutoring the second working day after the notice was received.
Payment for Tuition
Bespoke Tutoring offer a monthly payment plan, invoices are sent to you by the 25th of every month to cover tuition in the following month. For example, tuition received by a client during the month of September will normally be invoiced to the client by 20th August. Please ensure that payment for all invoices is received by the last day of the month that it is received. A new month of tuition cannot commence without payment. You are, however, entitled to cancel the contract within 7 working days of your acceptance or deemed acceptance of these Terms of Business (“Cancellation Period”), in which case you will be entitled to reimbursement of all fees paid to Bespoke Tutoring. However, if you instruct Bespoke Tutoring or the Tutor introduced to you that you want the tuition sessions to commence before the end of this Cancellation period, you will not be entitled to receive a refund of the Fees paid in the event that such tuition session has already been arranged to take place prior to your cancellation. At the end of the prepaid course, tuition automatically carries on unless you give two-week’s notice (Termination Notice) both to your Tutor verbally and in writing to Bespoke Tutoring. This will enable the Tutor to bring tuition to an appropriate conclusion for the student and seek reassignment to another job. If you do not provide the Termination Notice to Bespoke Tutoring or do not provide such notice in sufficient time, Bespoke Tutoring and the Tutor will assume that you wish to continue and keep your agreed time slot with the Tutor reserved for you, and you will be charged for any such sessions arranged. This aids continuity and the Tutor’s availability as long as you need him/her. In this case, your account will automatically default to the monthly payment plan, where you will be invoiced monthly at the full session price.
Client satisfaction Policy
When a client has prepaid for a course of tuition, and a client is not satisfied with a particular Tutor or if a Tutor must stop tuition mid-course due to unforeseeable circumstances, Bespoke Tutoring will endeavour to find a replacement Tutor. If a replacement cannot be found of the level and subject required by the Client, then Bespoke Tutoring will refund the balance of the course fees paid by the client representing the number of pre-paid sessions for which the client does not receive tuition.
Contractual Relationship
Bespoke Tutoring acts as an agent of the Tutor by providing introductions of Tutors to clients and vice versa. It also collects fees from the client on behalf of the Tutor together with its own fee in respect of its administration commission, which is included within the hourly rate quoted for a particular Tutor and which is payable solely by the client.
Policies
Any opinion expressed by a Tutor is not necessarily an expression of the opinion of Bespoke Tutoring.
Terms of Business (Clients)
• These terms and conditions of business (“Terms of Business”) are between Bespoke Tutoring (acting for itself and as agent on behalf of the Tutor supplied by Bespoke Tutoring (“the Tutor”)) and the client and are deemed to be accepted by the client when the client arranges a session with the Tutor or begins a course of tuition.
• A Tutor will be deemed to have been introduced by the client by Bespoke Tutoring in the event that the name of the Tutor is provided by the client by Bespoke Tutoring following the request for a Tutor by the client.
• The client is entitled to cancel the contract for the introduction of a Tutor with Bespoke Tutoring and the Tutor within 7 working days of your acceptance or deemed acceptance of these Terms of Business (“Cancellation Period”). However, if you instruct Bespoke Tutoring or the Tutor introduced to you that you want the tuition sessions to commence before the end of this Cancellation Period, you will not be entitled to receive a refund, in the event that such a tuition session has already been arranged prior to your cancellation.
• The Tutor is responsible for co-ordinating the tuition and will request the necessary background information from the Client and/or student nominated by the Client (“the Student”) from time to time. Provision of exercise and textbooks is the responsibility of, and will as required be supplied by the Client. Tuition is either online or at the student’s home.
• The Tutor is engaged by the Client only to provide tuition and is not responsible for the safety, welfare, well being and care of minor Students or for the protection of any person’s property. In the case of Students under the age of 18 years, a responsible adult (other than the Tutor) must be present at the premises at all times during which the Tutor attends for tuition.
• As agent contracting on behalf of the Tutor, Bespoke Tutoring 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.
• Clients are not permitted to make private arrangements for tuition with Tutors introduced by Bespoke Tutoring which includes payment of fees for such sessions otherwise than to Bespoke Tutoring in accordance with its Terms of Business. In the event that the Tutor pursuant to such a private arrangement provides such tuition or the client introduces the Tutor to other people who then make such arrangements bypassing Bespoke Tutoring, the Client will be responsible to pay the commission that Bespoke Tutoring has thus lost.
• Fees will be agreed with the Client in advance by Bespoke Tutoring and will conclude the commission the Client agrees to pay Bespoke Tutoring in respect of Bespoke Tutoring’s services. Monthly Payment Plan.
• The client will normally be invoiced by the 25th of the month, in respect of tuition planned for the following month. Each invoice will show the total of the tutor’s fees, the planned dates of tuition and the due date that the invoice must be payable by.
• Invoices are due by the last day of each month. Bespoke Tutoring may charge a daily interest on the outstanding at 1% of the final invoice amount. It is worth noting, no dates are confirmed until payment is made.
• If the client wishes to terminate the tuition mid-course, the Client must give at least two week’s notice (Termination Notice) to the Tutor and to Bespoke Tutoring. We hope these guidelines help to clarify how private tuition operates with Bespoke Tutoring. If you have any further queries or comments, please contact us by phone or email so that you are provided with the highest possible level of service.
2.Terms and Conditions – Between Client and Tutor
1. Status of this Agreement
a. This agreement forms the contract between the Tutor and the Client when Bespoke Tutoring has effected an introduction and both the Tutor and the Client have agreed to undertake tuition.
b. 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.
c. This contract should be read alongside the Terms and Conditions for Clients and Terms and Conditions for Tutors.
d. These terms constitute the whole agreement between the parties and no variation or alteration of these terms shall be valid.
e. The parties agree that this agreement is governed by the laws of England and Wales regardless of where tuition takes place.
f. 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
a. The Tutor will be self-employed and this should be noted by the Client. Bespoke Tutoring acts as agent for the Tutor by introducing the Tutor to the Client.
b. The Tutor will carry out the tutoring services professionally, with due skill, diligence, and care.
c. 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 Bespoke Tutoring.
d. Tutors are responsible for providing all reasonable teaching materials.
e. The Client and the Tutor are jointly responsible for agreeing a safe and suitable environment for the tutoring to take place. If an in-person lesson, then this will usually be the Student’s home.
f. It is the obligation of the Tutor to ensure that their timesheets are accurate and up to date. Clients Agreement between Tutors and Clients have no obligation to agree to inaccurate lessons and if they believe the information on the timesheet is inaccurate, they should contact Bespoke Tutoring.
g. 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 consent of Bespoke Tutoring.
h. The Tutor should provide two weeks’ notice prior to terminating tuition services for any Client.
3. Fees and Financial Arrangements
a. Bespoke Tutoring, 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 Bespoke Tutoring as the agent for the Tutor. The hourly rate may not be changed by the Tutor or the Client without written authority of Bespoke Tutoring.
b. 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 Bespoke Tutoring. A breach of this obligation will render the Tutor and the Client liable to account to Bespoke Tutoring for all sums paid and received, and Bespoke Tutoring 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.
c. The Client may instruct the Tutor to acquire particular educational or teaching resources on behalf of the Client/Student. Bespoke Tutoring must be informed of any such arrangement, and we 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
a. 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, Bespoke Tutoring must be informed and an alternative date agreed between Client and Tutor.
b. Clients must give notice of cancellation of any scheduled lesson more than 24 hours before the session is due to begin. If notice is given by that time, there is no charge to rearrange the session, and Agreement between Tutors and Clients we do not charge for the session on behalf of the Tutor.
c. If notice is given within 24 hours of the start time of the session, then Bespoke Tutoring 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.
d. 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
a. Bespoke Tutoring is not responsible for insurance arrangements in respect of the Tutor and their provision of tutoring services, and the Client should note this.
b. Bespoke Tutoring 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.
c. Bespoke Tutoring does not exclude liability that is not permitted to be excluded by law.
d. 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.
3.Terms and Conditions – Tutors
1. Status of Terms and Conditions
a. Bespoke Tutoring reserves the right to alter these terms and conditions.
b. This agreement is governed by the law of England and Wales and the parties submit to the jurisdiction of the Courts of England and Wales.
c. No variation or alteration of these Terms and Conditions by the Tutor shall be valid unless approved in writing by Bespoke Tutoring.
d. The Tutor and Bespoke Tutoring acknowledge that these terms govern legal rights and obligations between them.
2. Status of Tutors
a. Bespoke Tutoring acts as an agent for the Tutor by introducing them to suitable Clients.
b. 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). This contract can be found above on this page.
c. The Terms of contract entered into by you with the Client shall be in the form provided by Bespoke Tutoring. Save where expressly provided for in these Terms, the Tutor has no power or authority to increase, reduce, or vary the tuition as set out or referred to in these Terms or to alter or waive any of these Terms or to bind or commit the Company in any way.
3. Tax
a. The Tutor undertakes to duly and promptly pay all income tax and national insurance contributions in relation to all charges and sums payable to the Tutor by the Company and shall be responsible for completing and submitting all relevant assessments, returns and other information to HM Revenue & Customs in relation to such charges and sums and to taxation affairs generally.
b. The Tutor shall indemnify the Company and keep the Company fully and effectively indemnified against all income tax, national insurance contributions and related penalties and/or interest in respect of any charges paid or payable by the Company to the Tutor for the Tuition, and any reasonable costs incurred by the Company in recovering any such sum due by the Tutor to the Company under this paragraph.
4. Tutor’s Responsibilities
a. The Tutor should carry out the tutoring services in a professional manner with due skill, diligence and care.
b. The Tutor is responsible for the content of lessons. These are to be carried out with proper preparation in accordance with a particular course of study, and in accordance with the Client’s instructions and/or relevant exam syllabus. Feedback must be provided, if requested by the client within 48 hours of the lesson.
c. Although Bespoke Tutoring has some teaching resources and may be able to support Tutors by providing suitable materials, Tutors should be aware that they are responsible for providing all Agreement between Tutors and Clients reasonable teaching materials.
d. The tutor is paid on an hourly basis, so is required to fulfil that hour with the student. Lessons must not be cut short unless agreed with Bespoke Tutoring in writing.
e. Tutors are responsible for keeping their timesheets up to date and sent in by 28th of each month.
f. If the Tutor ceases to work with Bespoke Tutoring during a course of tuition, or ceases to work with a particular Student, either at their own behest or the behest of the Client, and the Student is continuing with their course of tuition from Bespoke Tutoring, the Tutor will draft a final report. This report will describe the work that the Tutor has done with the Student, and the work that remains to be done. It will describe the Student’s areas of strength and areas of weakness. The aim of the report will be to enable a new Tutor to pick up where the old Tutor stopped.
g. Tutors are expected to be responsive when contacted by Bespoke Tutoring. If you persistently fail to respond to communication from Bespoke Tutoring (via email or telephone or both) then we reserve the right to remove you from our books. Communication must be received within 24 hours.
h. We also reserve the right to remove you from our books for breaching this agreement in any way, including but not limited to breaching section 11 (truthfulness of information given to Bespoke Tutoring). In addition we reserve the right to remove you from our books due to unreasonable, inappropriate or rude behaviour such that we feel we are unable to act as your agent.
5. Private Arrangements
a. In consideration of Bespoke Tutoring providing you with Students, you are not permitted to make private arrangements for tuition with Clients introduced by Bespoke Tutoring or with new Client introduced by Bespoke Tutoring’s Clients. Should you breach this obligation, you will be liable to account to Bespoke Tutoring for all sums received by you from the Client/new Client without deduction and Bespoke Tutoring shall be entitled to obtain an injunction against you to prevent further breaches. This obligation shall continue notwithstanding termination or completion or other discharge of this Agreement.
b. Any work referred to a Tutor by a Client of Bespoke Tutoring must be billed through Bespoke Tutoring on your behalf. Bespoke Tutoring must process the billing for new clients and bookings must be through Bespoke Tutoring.
c. 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 consent of Bespoke Tutoring.
6. Payment
a. Bespoke Tutoring will agree the fee structure with the Client and this may not be changed by the Tutor or the Client without written authority of Bespoke Tutoring.
b. Bespoke Tutoring collects fees due from Students/Clients and passes them on to you, net of a commission. Payments will only be made at the end of the month after the lessons have been completed and confirmed.
c. You will not be paid directly by the Client. You will not be entitled to receive your fee until Bespoke Tutoring has received payment from the Client and confirmation of the lesson. If Bespoke Tutoring does not receive payment in reasonable time, the lessons will not go ahead as planned to avoid lessons being in arrears.
d. You must not accept any payment direct from the Client without written permission from Bespoke Tutoring. Should you do so, all sums received by you will be immediately payable to Bespoke Tutoring and shall be actionable through the Courts without further notice to you.
e. Completed time sheets must be submitted to Bespoke Tutoring monthly, after your last tuition session of the month or in any event by 7pm on the 28th day of the month (unless in February; 26th). If we receive correctly completed timesheets on time, payment will be made to you on the last day of the month (e.g. 30th or 31st).
f. If you submit your timesheets late, you may not be paid on time.
7. Cancellation Policy
a. 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. The Tutor must notify Bespoke Tutoring of the schedule agreed.
b. In the event of cancellation of a scheduled lesson, Bespoke Tutoring must be informed and an alternative date will be agreed between Client and Tutor. The notification of Bespoke Tutoring of the cancellation and alternative Session date will speed up administration and prevent delays to your payment. Agreement between Tutors and Clients
c. Tutors should be aware that Clients must give notice of cancellation of any session more than 24 hours before the session is due to begin. If notice is given by that time, there is no charge to rearrange the session, and the Tutor is not paid for a session that has not been taught.
d. If notice is given within 24 hours of the start time of the session, there are two options. If the Tutor views the reason for cancellation as being unavoidable, and they choose not to charge for the session, then Bespoke Tutoring will not charge the Client for the Session on behalf of the Tutor. If the Tutor does not deem the reason for cancellation to be unavoidable, or requires payment nonetheless, Bespoke Tutoring will charge the Client for the Session on behalf of the Tutor and will pass on 50% of the Tutor’s fees.
8. Holidays and days off
a. The Tutor must provide notice (with reason) for all scheduled holidays that may affect the tuition course of a Student.
b. Bespoke Tutoring will assume that no planned holidays are to be taken when arranging invoices for Clients for the following month. It is the Tutor’s responsibility to inform Bespoke Tutoring if there are any dates that may be affected.
9. Liability
a. Bespoke Tutoring does 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 Bespoke Tutoring without limit in respect of any such claims.
b. The Company shall have no liability to the Tutor for any loss, damage, expenses, payments or injury which the Tutor may incur arising from the security or state or condition of any premises in which the Tuition is provided or from any act or omission of the Client, the Student or any third party occurring on any such premises or otherwise during the course of or in connection with the provision of the Tuition.
c. The Company shall have no liability for any loss or damage arising directly or indirectly from any act or omission of the Tutor. The Tutor shall indemnify the Company and keep the Company fully and effectively indemnified on demand against any actions, claims, costs, losses, damages, expenses, liabilities and payments which may be brought against or suffered or incurred by the Company as a result of or in connection with, directly or indirectly, the provision of the Tuition by the Tutor, any act or omission by the Tutor, and any breach or non performance of these Terms or the Terms of the Agreement between the Tutor and the Client by the Tutor. d. Bespoke Tutoring 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 Bespoke Tutoring own negligence. #
10. Confidentiality
a. The Tutor undertakes that they will not at any time during or after the conclusion of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of Bespoke Tutoring, except that you may disclose Bespoke Tutoring confidential information as may be required by law, court order, or any governmental or regulatory authority.
b. The Tutor undertakes not to make use of confidential information encountered through association with Bespoke Tutoring for any purpose other than to perform your obligations under this Agreement.
11. Data Protection Act
a. Bespoke Tutoring uses tutor data for the purposes of the services that it provides. Tutors providing personal data consent to the use of that data by Bespoke Tutoring for the purpose of effecting introductions to Clients, for billing and fee collection purposes and to enable Bespoke Tutoring to contact the Tutor from time to time.
12. Truthfulness and Accuracy
a. 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 purpose 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.
b. If anything occurs which materially changes the information originally provided, such as but not limited to you being convicted of an offence subsequent to your DBS check, you must inform the Agreement between Tutors and Clients Company of this information in order that the information provided to the Company about yourself remains truthful and accurate.