Terms of Business with Clients
1. Definitions
1.1 In this Terms:
“Business day” means any day other than a Saturday, Sunday or public holiday in England;
“Client” means the person with whom the Company agrees to provide Services;
“Company” means Tutor House Limited;
“Force Majeure Event” means one of the events within paragraph 9.1;
“Order Confirmation” means written confirmation by the Company to the Client of our agreement to provide Services, which shall include brief details of the Services and the identities of the Student(s) and Tutor(s), so far as then known;
“Services” means the tuition and other educational services agreed to be provided by the Company to the Client;
“Student” means the person to whom Services are agreed to be provided;
“Terms” means these Terms of Business with Clients;
“Tutor” means any tutor introduced by us to you for the purpose of providing any of the Services;
“you” or “your” refer to the Client;
“we”, “us” and “our” refers to the Company;
“writing” and “written” includes faxes and e-mails.
1.2 References in these Terms to “person” include any individual, company, corporation, partnership, firm, association or other entity (whether or not having legal personality); and references to “paragraphs” are to the numbered paragraphs of these Terms.
1.3 The headings in these Terms are intended to provide general guidance, but do not affect their legal interpretation.
2. The Contract
2.1 These Terms and the Order Confirmation (as varied or supplemented, if applicable, by agreement in writing between you and us) set out the whole agreement between you and us for the provision of the Services. If there is any inconsistency between these Terms and the Order Confirmation, the Order Confirmation will prevail.
2.2 The agreement between you and us for the provision of the Services will come into existence and become legally binding on the earlier of:
(a) you confirming to us (orally or in writing) your agreement or acceptance of the Order Confirmation; and
(b) the date on which a Tutor actually starts to provide Services to a Student;
2.3 No terms or provisions proposed or put forward by you which are inconsistent with or purport to add to, vary or omit any of these Terms or the Order Confirmation form part of the agreement between you and us, unless they are expressly agreed to in writing by the Company.
3. Quality of Services
3.1 Subject to these Terms, the Company will carry out the Services with reasonable care and skill, in conformity with these Terms and the Order Confirmation and in compliance with all applicable statutory and regulatory requirements.
3.2 The provisions of paragraph 3.1 are in addition to, and do not affect, your rights under English law. Advice about your rights under English law may, where applicable, be obtained from a Citizens’ Advice Bureau, a Trading Standards Office or other similar relevant body or organisation.
4. Dates, Locations and Extent of Services
4.1 Unless otherwise stated in the Order Confirmation or separately agreed in writing by the Company and subject to paragraph 4.2, the date or dates on which (or the period or periods within which) the Services are to be provided by a Tutor to a Student, will be agreed between the relevant Tutor and the Student or Client, and the Client will take all reasonable steps to facilitate this. Unless otherwise stated in the Order Confirmation or separately agreed in writing by the Company, the Services will be provided at a suitable location or locations owned or made available by the Client which is or are reasonably accessible to the relevant Tutor or Tutors, as agreed from time to time between each relevant Tutor and the Client (or the Student), and the Client will take all reasonable steps to facilitate this.
4.2 The Company will make reasonable efforts to ensure that the Services are actually provided on the dates (or within the periods) agreed in accordance with paragraph 4.1, but events or circumstances do sometimes arise outside the reasonable control of the Company which may prevent this. If that happens, the Company will make every reasonable effort, after appropriate discussion with the Client and/or the Student, to ensure that the Services are provided as soon as reasonably practicable, but shall have no liability beyond that.
4.3 The Client and the Student will not request or require any Tutor to provide any services or carry out any work other than the Services.
4.4 No agreement between the Client (or the Student) and the Tutor which purports to have the effect of increasing, reducing or varying the Services or altering these Terms or the provisions of the Order Confirmation will be effective or binding on your or us, unless it is expressly provided for in these Terms or confirmed in writing by both you and us.
5. Information and Assistance from Client
5.1 The Client must provide to us (and, if applicable, to any relevant Tutor), in a timely manner, any information and instructions which the Company or any Tutor from time to time reasonably request to enable the Services to be performed in accordance with these Terms and the Order Confirmation. If you fail to do so, the Company may immediately terminate the agreement between us for the provision of the Services (if that failure has a material detrimental impact on our ability to provide the Services) or levy an additional reasonable charge (which the Client shall be obliged to pay) for any additional cost or expense incurred by the Company or a Tutor as a result of such failure.
5.2 Where any Services are to be provided on any premises of or designated by the Client or the Student, the Client must provide the Tutor, in a timely manner, with sufficient details of the relevant location, ensure that appropriate access is available to the Tutor at all relevant times and that such premises are suitable and safe for the provision of the Services. No charge shall be levied on or paid by the Company or any Tutor for or in relation to the provision of any such premises.
6. The Company’s Charges
6.1 Subject to paragraph 6.2, the Company’s charges for the Services are as set out or referred to in the Order Confirmation.
6.2 If any charges for any Services are not stated or referred to in the Order Confirmation, they shall be charged at the applicable hourly or daily charging rates for the time being charged by the Company for those or substantially comparable Services. Where any Services are charged at a rate per hour, they will be charged for on a proportionate basis for any period of less than an hour.
6.3 Unless otherwise provided for in the Order Confirmation or agreed in writing by the Company, the Company’s charges (as referred to in paragraph 6.1 and 6.2) may be invoiced, in whole or in part, before the relevant Services are provided. Where the precise amount of the hours to be provided by the relevant Tutor or Tutors is not known in advance, the Company shall be entitled to estimate them in a reasonable manner and to invoice on that basis. Each invoice is due for payment on the date on which it is issued and, where an invoice is issued before the relevant Services are provided, the Company shall be entitled to decline to perform the Services unless and until such invoice (and any related interest, if applicable) is paid in full.
6.4 Our charges are exclusive of any applicable value added tax, which (if applicable) shall be added to each relevant invoice and shall be payable at the same time as the invoice is due for payment.
6.5 If you do not make any payment due to the Company on its due date of payment, the Company may charge you interest on the overdue amount, at the rate of 3% per annum above the base lending rate of Barclays Bank plc from time to time. Any such interest shall accrue on a daily basis from the date which is 5 business days after the due date for payment of the relevant sum, until the date of its actual payment whether before or after judgment. All such interest is payable by you to the Company immediately on demand from time to time by the Company.
6.6 Without limiting any other rights or remedies that the Company may have, if the Client fails to make any payment due to us on it due date for payment, the Company may terminate entirely its agreement with the Client for the Services or suspend performance of the Services until the outstanding amount has been paid.
6.7 The Company shall be entitled to charge the Client for any expenses reasonably incurred by Tutors engaged in the provision of the Services, including travel expenses, hotel costs, subsistence and any associated expenses.
6.8 Unless otherwise expressly agreed in writing by the Company, no charges or other sums due to the Company under these Terms shall be paid by the Client or any Student direct to any Tutor.
7. Cancellation
7.1 If a Student is unable, because of illness or other incapacity or for some other reason outside his or her reasonable control, to attend any tuition or the provision of any other Services at the time and date provided for in these Terms, the Client shall give (or shall ensure that the Student shall give) as much prior written notice to that effect, both to the Company and any relevant Tutor, as is reasonably practicable.
7.2 If the Company is unable due to the illness or other incapacity of any Tutor or for any other reason outside of the Company’s reasonable control, to provide any Services at the times and on the dates provided for in these Terms, the Company shall give (or shall ensure that each relevant Tutor shall give) as much written notice to that effect, both to the Client and to each relevant Student, as is reasonably practicable.
7.3 Where any notice is given under paragraph 7.1 or 7.2, the Client and the Company shall each make every reasonable effort, in conjunction with each relevant Student and Tutor, to agree a suitable alternative time and date, which shall be as soon as reasonably practicable, for the provision of the postponed Services.
7.4 If the Company and the Client are unable within 5 business days after receipt of a notice under paragraph 7.1 or 7.2 to agree on a new time and date for the postponed Services, the Company will have no obligations to provide the postponed Services and no charge under paragraph 6 shall be made by the Company for the postponed Services (and any pre-paid charges shall be reimbursed to the Client), unless the Student failed to attend at the agreed time and the Student and the Client failed to give any notice under paragraph 7.1 more than 72 hours before the time at which the postponed Services were originally due to be provided, in which case the Company reserves the right to charge for the postponed Services in full.
8. Tutors
8.1 The Company will seek to ensure the suitability of Tutors introduced by it to the Client for the performance of Services by (amongst other things) obtaining confirmation of the Tutor’s identity, his or her relevant experience, training and qualifications and of any authorisation and clearances (including from the Criminal Records Bureau) which may be required by law or by any relevant professional body.
8.2 If at any stage during performance of the Services, the Client has concerns about the competence, qualifications, suitability or performance of any Tutor providing any Services, it must notify its concerns to the Company as soon as reasonably practicable, and the Company will then endeavour, in consultation with the Client, to satisfy those concerns (including, where appropriate and reasonably practicable, by seeking to provide an alternative Tutor to perform some or all of the unperformed Services).
8.3 Subject to the other paragraphs under this heading “Tutors”, the Company shall have no liability for any loss or damage arising directly or indirectly from any act or omission of any Tutor introduced by the Company and providing any of the Services.
8.4 The Tutors are not employees or agents of the Company and, save where expressly provided for in these Terms, no Tutor has any power or authority to increase, reduce, or vary the Services as set out or referred to in the Order Confirmation and these Terms or to alter or waive any of these Terms or any of the provisions of the Order Confirmation, or to bind or commit the Company in any way.
8.5 Nothing in these Terms shall exclude or limit in any way the Company’s liability for death or personal injury caused by its negligence; or for its fraud or fraudulent misrepresentation; or for any breach of the obligations implied by section 2 of the Supply of Good and Services Act 1982; or for any losses for which the Company is prohibited to limit liability by section 7 of the Consumer Protection Act 1987; or for any other matter for which it would illegal or unlawful for the Company to exclude or limit or attempt to exclude or limit its liability.
9. Events outside Our Control
9.1 The Company will not be liable for any failure to perform, or delay in the performance of, any of our obligations under these Terms which is caused by any of the following:
(a) strikes or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or the threat for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, accident, epidemic or other natural disaster;
(d) substantial disruption to the use or availability of railways, motor transport, aircraft or other means of public or private transport;
(e) substantial disruption to the use or availability of any public or private telecommunications, internet or other communications networks or facilities, or of any utilities
(f) any non-compliance by the Client with these Terms; or
(g) any other act, event, non-occurrence, omission, or accident which is beyond the Company’s reasonable control.
9.2 So far as reasonably practicable, the Company will seek, in consultation with the Client, to find a solution by which our obligations under these Terms can continue to be performed (in whole or in part), notwithstanding the Force Majeure Event and/or to extend the time for performance of our obligations under these Terms after the Force Majeure Event ceases. However, if the Force Majeure Event prevents the Company from performing all (or substantially all) of the outstanding Services for more than 4 weeks, the Company shall, without limiting its other rights or remedies, have the right to terminate its agreement with the Client immediately by giving written notice to the Client.
10. Termination
10.1 Without limiting its other rights or remedies, either the Client or the Company may terminate the agreement relating to the provision of Services with immediate effect by giving written notice to the other if:
(a) the other commits a material breach of these Terms and (if such breach is remediable) fails to remedy it within 5 business days after being notified in writing of the breach;
(b) a petition is filed, a notice is given, a resolution is passed or an order is made, for or in connection with the winding up of that other, or that other (being an individual) is the subject of a bankruptcy petition or order;
(c) an application is made to court or an order is made for the appointment of an administrator or a notice of intention to appoint an administrator is given or an administrator is appointed over that other or a receiver or an administrative receiver is appointed over some or all of the assets of that other;
(d) that other suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or begins negotiations with all or any class of its creditors with a view to rescheduling any of its debts or makes a proposal for or enters into any compromise or arrangement with its creditors; or
(e) any event occurs or proceeding is taken with respect to that other in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events or matters identified in sub-paragraphs (b) to (d) of this paragraph 10.1.
10.2 Save as expressly stated in these Terms, termination of the agreement for the provision of services either under paragraph 10.1 or under any other provision of these Terms shall not affect any rights, remedies, obligations and liabilities of the Company or the Client accrued as at the date of such termination. Any provisions of these Terms which expressly or by implication have effect or are intended to have effect after such termination shall continue in full force and effect.
11. General
11.1 Assignment
You may not transfer any of your rights or obligations under these Terms to any other person without our prior written consent, which we may give or withhold as we think fit. We may transfer or assign all or any of our rights and obligations under these Terms and under the agreement with you relating to the provision of the Services to any other person without your consent.
11.2 Notices
All notices from you to us must be sent to us by post or delivered personally or by e-mail at the postal and e-mail addresses shown on the Order Confirmation (or such other addresses as we may from time to time notify you in writing). We may give any notice to you at the postal and e-mail address indicated for you in the Order Confirmation (or such other addresses as you may from time to time notify to us in writing for this purpose). Any such notice by e-mail will be deemed to have been received (unless it has been returned as “undelivered”) at 9am on the next business day after the day on which it was sent. Any notice left personally at the relevant postal address referred to in this paragraph shall be deemed to have been received at the time it was left (if that time was before 5:30pm on a business day) or at 9am on the next following business day (if it was received after 5:30pm on any day). Any such notice sent by pre-paid first class post or recorded delivery to any such address shall be deemed to be received at 9am on the second business day after the day on which it was posted.
11.3 Data Protection
We will only use any personal information which you provide to us for the purposes of performing the Services or to inform you about similar services which we provide (unless you tell us that you do not want to receive this information).
11.4 Waivers etc
If we do not insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights under these Terms, that will not mean that we have waived rights or that you do not have to comply with those obligations. If we do waive default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
11.5 Rights of Third Parties
No person other than the Company and the Client shall have any rights under or in connection with these Terms by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.6 Governing Law and Jurisdiction
These Terms and the agreement between you and us for the provision of the Services shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts in relation to these Terms and such agreement.
TUTOR HOUSE LIMITED
Terms of Business with Tutors
1. Definitions
1.1 In this Terms:
“business day” means any day other than a Saturday, Sunday or public holiday in England;
“Client” means the person with and for whom the Company agrees to provide Services;
“Company” means Tutor House Limited;
“Force Majeure Event” means one of the events within paragraph 9.1;
“Confirmation” means written confirmation by the Company to the Tutor of the Tutor’s agreement to provide the Tuition;
“Services” means the tuition and other educational services agreed to be provided by the Company to the Client (comprising or including the Tuition);
“Student” means the person to whom Tuition is agreed to be provided;
“Terms” means these Terms of Business with Tutors;
“Tuition” means the tuition and other educational services which the Tutor has agreed with the Company to provide to the Client;
“Tutor” means any tutor introduced by us to the Client for the purpose of providing the Tuition;
“you” or “your” refer to the Tutor;
“we”, “us” and “our” refers to the Company;
“writing” and “written” includes faxes and e-mails.
1.2 References in these Terms to “person” include any individual, company, corporation, partnership, firm, association or other entity (whether or not having legal personality); and references to “paragraphs” are to the numbered paragraphs of these Terms.
1.3 The headings in these Terms are intended to provide general guidance, but do not affect their legal interpretation.
- 2. The Contract
2.1 These Terms and the Confirmation (as varied or supplemented, if applicable, by agreement in writing between you and us) set out the whole agreement between you and us for the provision of the Tuition. If there is any inconsistency between these Terms and the Confirmation, the Confirmation will prevail.
2.2 The agreement between you and us for the provision of the Tuition will come into existence and become legally binding on the earlier of:
(a) you confirming to us (orally or in writing) your agreement or acceptance of the Confirmation; and
(b) the date on which you actually start to provide Tuition to a Student.
2.3 No terms or provisions proposed or put forward by you which are inconsistent with or purport to add to, vary or omit any of these Terms or the Confirmation form part of the agreement between you and us, unless they are expressly agreed to in writing by the Company.
- 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.
3.4 The Tutor agrees that, save with the prior written consent of the Company, he/she will not during the period of 12 months after the date on which you cease to provide the Tuition, provide any other tuition or educational services to the Client or the Student (apart from the Tuition) or to any sibling or other relative of the Student or the Client or to any person introduced, directly or indirectly, to the Tutor by the Client or the Student.
- 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 4.2, 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 4.1. 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.
4.3 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.
4.4 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. Information and Assistance from Tutor
5.1 The Tutor must provide to us (and, if applicable, to the Client and the Student), in a timely manner, any information and instructions which the Company or the Client or the Student from time to time reasonably request to enable the Tuition to be performed in accordance with these Terms and the Confirmation. If you fail to do so, the Company may immediately terminate the agreement between us for the provision of the Tuition (if that failure has a material detrimental impact on our ability to provide the Services) or levy an additional reasonable charge (which you shall be obliged to pay) for any additional cost or expense incurred by the Company as a result of such failure.
5.2 Where any Tuition is to be provided on any premises of or designated by the Client or the Student, the Company will request the Client to provide the Tutor, in a timely manner, with sufficient details of the relevant location, to ensure that appropriate access is available to the Tutor at all relevant times and that such premises are suitable and safe for the provision of the Services.
- 6. The Tutor’s Charges
6.1 The Tutor’s charges for the Tuition are as set out or referred to in the Confirmation or as otherwise agreed in writing between the Company and the Tutor.
6.2 Where any Tuition is charged at a rate per hour, it will be charged for on a proportionate basis for any period of less than an hour.
6.3 Unless otherwise provided for in the Confirmation or agreed in writing by the Company, the Tutor’s charges for providing the Tuition shall be paid by us on the later of:
(a) the last business day of the calendar month in which the relevant Tuition is actually provided; and
(b) the last business day of the calendar month in which the Company is paid or reimbursed by the Client for the Services.
6.4 The Tutor’s charges are inclusive of any applicable value added tax.
6.5 The Tutor shall not be entitled to charge the Company for any expenses incurred by the Tutor in the provision of the Tuition, including (but not limited to) travel expenses, hotel costs, subsistence and any associated expenses, unless the Client has agreed with the Company to pay for (and has paid for) such expenses.
6.6 Unless otherwise expressly agreed in writing by the Company, the Tutor shall not receive or accept from the Client or any Student or any other person any sums due to the Company for the provision of the Services.
6.7 The Tutor shall promptly provide to the Company, as requested by the Company from time to time, written details of all time incurred by the Tutor in providing the Tuition during that calendar month. The Tutor shall promptly provide to the Company, as reasonably requested by the Company from time to time, all such other information relating to the performance of the Tuition as the Company may request. All information provided by the Tutor to the Company under this paragraph or otherwise in connection with the performance of the Tuition shall (when provided) be true, complete and accurate and shall remain so.
- 7. Cancellation
7.1 If the Tutor is unable, because of illness or other incapacity or for some other reason outside his or her reasonable control, to provide any Tuition at the times and dates provided for in these Terms, the Tutor shall give as much prior written notice to the Company, the Client and any relevant Student, as is reasonably practicable.
7.2 The Company shall request the Client, if a Student is unable (because of illness or other incapacity or for some other reason outside his or her reasonable control) to attend any Tuition at the time and date provided for in these Terms, to give (or to ensure that the Student shall give) as much prior written notice to the Company and the Tutor, as is reasonably practicable.
7.3 Where any notice is given under paragraph 7.1 or 7.2, the Tutor and the Company shall each make every reasonable effort, in conjunction with the Client and the Student, to agree a suitable alternative time and date, which shall be as soon as reasonably practicable, for the provision of the postponed Tuition.
7.4 If the Company, the Client and the Tutor are unable within 5 business days after receipt of a notice under paragraph 7.1 or 7.2 to agree on a new time and date for the postponed Tuition, the Tutor will have no obligations to provide the postponed Tuition and no charge under paragraph 6 shall be made by the Tutor for the postponed Tuition, unless the Student failed to attend at the agreed time and the Student and the Client failed to give any notice under paragraph 7.1 more than 72 hours before the time at which the postponed Tuition was originally due to be provided and the Company has been paid by the Client for the postponed Tuition.
- 8. Status of Tutor, Other Obligations and Exclusions
8.1 Subject to paragraphs 8.4, 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, suits, claims, costs, demands, 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 by the Tutor.
8.2 The Tutor is not an employee or agent of the Company and, save where expressly provided for in these Terms, you have no power or authority to increase, reduce, or vary the Tuition as set out or referred to in the Confirmation and these Terms or to alter or waive any of these Terms or any of the provisions of the Confirmation, or to bind or commit the Company in any way.
8.3 The Tutor shall 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 his taxation affairs generally. The Tutor shall indemnify the Company and keep the Company fully and effectively indemnified on demand 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.
8.4 The Company shall have no liability to the Tutor for any loss, damages, 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.
8.5 Nothing in these Terms shall exclude or limit in any way the Company’s liability for death or personal injury caused by its negligence; or for its fraud or fraudulent misrepresentation; or for any breach of the obligations implied by section 2 of the Supply of Good and Services Act 1982; or for any losses for which the Company is prohibited to limit liability by section 7 of the Consumer Protection Act 1987; or for any other matter for which it would illegal or unlawful for the Company to exclude or limit or attempt to exclude or limit its liability.
- 9. Events outside Our Control
9.1 The Company will not be liable for any failure to perform, or delay in the performance of, any of our obligations under these Terms which is caused by any of the following:
(a) strikes or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or the threat for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, accident, epidemic or other natural disaster;
(d) substantial disruption to the use or availability of railways, motor transport, aircraft or other means of public or private transport;
(e) substantial disruption to the use or availability of any public or private telecommunications, internet or other communications networks or facilities, or of any utilities
(f) any non-compliance by the Tutor with these Terms or any non compliance by the Client with any of its contractual obligations to us in relation to the Services; or
(g) any other act, event, non-occurrence, omission, or accident which is beyond the Company’s reasonable control.
9.2 So far as reasonably practicable, the Company will seek, in consultation with the Tutor, to find a solution by which our obligations under these Terms can continue to be performed (in whole or in part), notwithstanding the Force Majeure Event, and/or to extend the time for its performance of our obligations under these Terms after the Force Majeure Event ceases. However, if the Force Majeure Event prevents the Company from performing all (or substantially all) of its obligations for more than 4 weeks, the Company shall, without limiting its other rights or remedies, have the right to terminate its agreement with the Tutor immediately by giving written notice to the Tutor.
- 10. Termination
10.1 Without limiting its other rights or remedies, either the Tutor or the Company may terminate the agreement between you and us relating to the provision of Tuition with immediate effect by giving written notice to the other if:
(a) the other commits a material breach of these Terms and (if such breach is remediable) fails to remedy it within 5 business days after being notified in writing of the breach;
(b) a petition is filed, a notice is given, a resolution is passed or an order is made, for or in connection with the winding up of that other, or that other (being an individual) is the subject of a bankruptcy petition or order;
(c) an application is made to court or an order is made for the appointment of an administrator or a notice of intention to appoint an administrator is given or an administrator is appointed over that other or a receiver or an administrative receiver is appointed over some or all of the assets of that other;
(d) that other suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or begins negotiations with all or any class of its creditors with a view to rescheduling any of its debts or makes a proposal for or enters into any compromise or arrangement with its creditors; or
(e) any event occurs or proceeding is taken with respect to that other in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events or matters identified in sub-paragraphs (b) to (d) of this paragraph 10.1.
10.2 Save as expressly stated in these Terms, termination of the agreement between you and us for the provision of the Tuition either under paragraph 10.1 or under any other provision of these Terms shall not affect any rights, remedies, obligations and liabilities of the Company or the Tutor accrued as at the date of such termination. Any provisions of these Terms which expressly or by implication have effect or are intended to have effect after such termination shall continue in full force and effect.
- 11. General
11.1 Assignment
You may not transfer any of your rights or obligations under these Terms to any other person without our prior written consent, which we may give or withhold as we think fit. We may transfer or assign all or any of our rights and obligations under these Terms and under the agreement with you relating to the provision of the Tuition to any other person without your consent.
11.2 Notices
All notices from you to us must be sent to us by post or delivered personally or by e-mail at the postal and e-mail addresses shown on the Confirmation (or such other addresses as we may from time to time notify you in writing). We may give any notice to you at the postal and e-mail address indicated for you in the Confirmation (or such other addresses as you may from time to time notify to us in writing for this purpose). Any such notice by e-mail will be deemed to have been received (unless it has been returned as “undelivered”) at 9am on the next business day after the day on which it was sent. Any notice left personally at the relevant postal address referred to in this paragraph shall be deemed to have been received at the time it was left (if that time was before 5:30pm on a business day) or at 9am on the next following business day (if it was received after 5:30pm on any day). Any such notice sent by pre-paid first class post or recorded delivery to any such address shall be deemed to be received at 9am on the second business day after the day on which it was posted.
11.3 Data Protection
We will only use any personal information which you provide to us for the purposes of performing the Services or to inform you about similar services which we provide (unless you tell us that you do not want to receive this information).
11.4 Waivers etc
If we do not insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights under these Terms, that will not mean that we have waived rights or that you do not have to comply with those obligations. If we do waive default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
11.5 Rights of Third Parties
No person other than the Company and the Tutor shall have any rights under or in connection with these Terms by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.6 Governing Law and Jurisdiction
These Terms and the agreement between you and us for the provision of the Tuition shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts in relation to these Terms and such agreement.
Tutor incentives. (Example)
Tutor house Limited are pleased to welcome you as a valued member of the tuition team 2012 and to confirm the agreement between you and tutor house Limited for your provision of tuition services.
Name of tutor:
Subject: Mathematics
Tuition start date: 1st March 2012
Name of Client:
Commission terms: 25%
1-20 hrs per month – you, the tutor, will receive 75% of tuition fees
From 60 hrs + per month – you, the tutor, will receive 80% of tuition fees
Additional commission- tutor house Limited offers numerous programmes and services. Other commissions are available to you and will be advised accordingly. Tutor house does not change a joining fee, usually £150.
Payment information:
Monthly payments will be paid to you, the tutor, directly to your bank account. Please note, you are not an employee of tutor house Limited and are therefore fully responsible for your own tax and national insurance and for providing all relevant assessments, returns and other information to HM Revenue & Customs.
Tutor house Limited process monthly commission payments once time sheets are submitted from tutors and payment fees are received from clients.
Our Terms of Business with Tutors: See above
We look forward to working with you.