Terms and Condition of Business
Please ensure you take time to read our Terms and Conditions set out below:
ALL STAR TUTORS
TERMS & CONDITIONS OF BUSINESS:
Definitions:
"Disclosed Agent" - an agent acting on behalf of the Service Provider and who discloses this fact to the Client.
"Tutor" - a person who provides tuition services to a Client.
"Client" - a person or corporation to whom the tutor provides their services and is its Client.
"Tuition Services" - refers to all services that could be provided by the tutor.
"Agents Services" - refers to all agents services that could be provided by the disclosed agent.
"Terms" / "Agreement" - refers to these Terms and Conditions.
1. Introduction
a. All-Star Tutors is a trading name for Vicki Smith, which acts as a disclosed agent to facilitate private tutor arrangements between a student and a self-employed tutor. We refer to you as the ‘client’. Tutoring services are provided by the tutor, under a separate agreement, between the client and the tutor. (See below for further details).
b. The term ‘tutor’ refers to the provider of tuition, teaching or consultations in the agreement.
c. The term ‘student’ or ‘client’ refers to the recipient of the tutor and/or the person by arrangement who is responsible for payment of the tutors’ sessions.
d. Any form of tuition, of any length which is completed face to face or the online methods, will be referred to as a ‘session’.
e. In engaging the services of the tutor, the student/client enters into an agreement with a self-employed individual.
f. All-Star Tutors assumes that once terms and conditions have been agreed to upon joining the payment system, that the client agrees to the terms outlined.
Contractual Relationships:
- The Disclosed Agent and the Client - The Disclosed Agent acts as an intermediary and is responsible for introduction, administration and making bookings on behalf of the Client.
- Client and tutor - the contractual relationship for the provision of tuition services exists directly between the Client and the Tutor.
- Disclosed Agent and Service Provider - The Disclosed Agent coordinates with the Tutor for Service provision by way of introductions, administration and booking lessons. The Disclosed Agent does not provide the Service.
2. General
a. The client acknowledges that these terms govern the legal rights and obligations between the client and All-Star Tutors. The terms constitute a legally binding contract between you and us. All-Star Tutors reserves the right to alter these terms and conditions.
b. No variation or alteration of these terms, by the client, shall be valid unless expressly approved in writing by All-Star Tutors.
c. This Agreement is governed by the laws of England and Wales. We and you agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement.
3. Contractual Relationship
a. All-Star Tutors provides introductions of tutors to clients and vice versa. All-Star Tutors is an agent for the tutor. It uses a third party site to collect fees from the client on behalf of the Tutor. All-Star Tutors does not directly distribute funds received. The hourly rate for tuition includes the tutor’s fees and All-Star Tutors own fee. VAT may be applied where applicable.
4. Agreement with the Tutor for the provision of tutoring services
a. A tutor will be deemed to have been introduced to the client by All-Star Tutors in the event that either the name of the tutor is provided to the client by All-Star Tutors following the request for a tutor by the client, or All-Star Tutors arranges for a tutor to contact the client following such request for a tutor provided by the client to All-Star Tutors
b. By booking a session with the tutor, the client agrees to be bound by these terms and conditions and by the terms and conditions, which govern their relationship with the tutor.
c. 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 All-Star Tutors in any way.
5. Prohibition of other arrangements
a. The client will not agree any alternative fees with the tutor and agrees not to render any direct payments to the tutor.
b. The client is not permitted to enter into any private arrangements with any tutor introduced by All-Star Tutors. The client undertakes to make all bookings with tutors introduced by All-Star Tutors exclusively through All-Star Tutors.
c. A breach of these terms will render the client liable to account to All-Star Tutors for all sums received by the tutor direct from the client or from a new client without deduction and All-Star Tutors shall be entitled to seek injunctions against the client to prevent further breaches. These obligations continue beyond the termination or conclusion of this agreement.
d. Should you wish to recommend one of All-Star Tutors’ tutors to any other potential or actual client, that client must contact All-Star Tutors to make a booking through the agency.
6. Replacements & Termination
a. 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, All-Star Tutors will endeavour to find up to two suitable replacement tutors with due consideration to the level and subject for which tuition is required.
b. If All-Star Tutors is unable to find such a suitable replacement tutor within a reasonable time to complete the remaining Sessions of the Course of Tuition, All-Star Tutors will refund a portion of the fees pre-paid by the client by way of credit, representing the number of sessions that the tutor or any replacement tutor has been unable to complete.
c. If the replacement tutors meet All-Star Tutors criteria for suitability for the job in terms of subject and level knowledge and is available at the same time or another time convenient for the client, then All-Star Tutors has fulfilled its obligations; if the client then wishes to terminate the tuition mid-course, the provisions of paragraph 6d will apply.
d. If the client wishes to terminate the tuition mid-course for any reason, no refunds will be granted for the balance of sessions that have been taught; furthermore, two weeks’ 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. All-Star Tutors will refund all monies prepaid excluding fees for the sessions that have already been taught and those fees for the two weeks following the notification of Termination.
7. Payment
a. The client is required to pay on a weekly basis through our automated payment system. All-Star Tutors reserve the rights to alter the way in which we request payment to be made and for any fees incurred as a result of an amendment for payment services.
8. Client’s responsibilities
a. The client shall notify All-Star Tutors 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.
9. Liability
a. All-Star Tutors 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.
b. All-Star Tutors 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 All-Star Tutors own negligence.
c. All-Star Tutors 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.
d. Whilst every effort is made by All-Star Tutors 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, All-Star Tutors 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. All tutors hold enhanced DBS checks.
e. The client shall indemnify and keep indemnified All-Star Tutors against any costs, claims or liabilities incurred by All-Star Tutors arising out of any Assignment or as a result of any breach of these Terms by the Client.
f. All-Star Tutors does not accept any liability for the consequences of tuition, including, but not limited to, exam results and dissertation scores.
g. All-Star Tutors is not responsible for insurance arrangements in respect of the tutor providing tutoring services and the Client should note that this is the case.
h. The Disclosed Agent's Liability is limited to the scope of introduction, administration and booking services.
10. Scheduling & Cancellation
a. 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.
b. Notice of cancellation of a scheduled tutoring session for any reason whatsoever must be given by the client to All-Star Tutors more than 14 days prior to the scheduled Session. If notice is given more than 14 days prior to the scheduled Session, the client will not be charged for the Session.
c. 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, All-Star Tutors must be immediately informed and this will be a credit session that the tutor and client can arrange in the future.
d. 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 All-Star Tutors must be informed of any new arrangements.
e. 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.
f. 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.
g. Cancellations by the client of more than 3 weeks in succession, or that which All-Star Tutors perceive as unreasonable, regular cancellations, will be considered for immediate termination of contract, at All-Star Tutors discretion.
h. All-Star Tutors 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.
i. Holidays should be notified by email with 14 days notice, directly to All-Star Tutors. Failure to directly notify All-Star Tutors, may result in the lesson(s) being charged for in full.
j. Rearrangement of lessons is at the discretion of the Tutor.
k. Should a client not be present at the home once the Tutor arrives for the session, the Tutor will attempt to make contact by phone. If contact cannot be made, the Tutor will wait at the location for a period of 10 minutes beyond the agreed start time. If the client does not arrive for the lesson, the Tutor will leave and the session will be charged for in full.
11. Confidentiality
a. The client agrees that they will not disclose any confidential information concerning the Tutor or All-Star Tutors 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.
12. Dispute Resolution
a. Any disputes arising under these terms shall initially be resolved through negotiation.
b. If unresolved, disputes shall be subject to arbitration or legal proceedings under UK law.
Amendments
- These terms may be amended by the Disclosed Agent with prior notice to both the Client and the Tutor.
AGREEMENT BETWEEN TUTORS & CLIENTS
1. Status of this Agreement
a. This agreement forms the contract between the tutor and the client when All-Star Tutors 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 or the tutor will be working under a zero hours contract and this should be noted by the Client. All-Star Tutors 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 All-Star Tutors.
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. This will usually be the student’s home or school/college with the agreement of the school/college.
f. 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 All-Star Tutors.
g. The tutor should provide two weeks’ notice prior to terminating tuition services for any client.
3. Fees & Financial Arrangements
a. All-Star Tutors, 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 All-Star Tutors as the agent for the tutor. The hourly rate may not be changed by the tutor or the client without written authority of All-Star Tutors.
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 All-Star Tutors. A breach of this obligation will render the tutor and the client liable to account to All-Star Tutors for all sums paid and received within that month, together with £3,000 & VAT compensation. All-Star Tutors 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. All-Star Tutors 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 & 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, All-Star Tutors must be informed and an alternative date agreed between the client and the tutor.
b. Clients must give notice of cancellation of any scheduled lesson more than 14 days 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.
c. If notice is given within 14 days of the start time of the session, then All-Star Tutors 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. All-Star Tutors is not responsible for insurance arrangements in respect of the tutor and their provision of tutoring services, and the client should note this.
b. All-Star Tutors 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. All-Star Tutors 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.
TERMS & CONDITIONS FOR TUTORS
1. Status of Terms & Conditions
a. All-Star Tutors 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 All-Star Tutors.
d. The tutor and All-Star Tutors acknowledge that these terms govern legal rights and obligations between them.
2. Status of Tutors
a. If the tutor is a self-employed tutor then nothing contained within this Agreement shall constitute the relationship of employer and employee and/or worker or a partnership between the Company and the tutor. All-Star Tutors 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 All-Star Tutors. 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.
c. Although All-Star Tutors 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 reasonable teaching materials.
d. Provided the client gives clear prior consent in writing, the tutor may obtain educational resources such as textbooks on behalf of the client/student. All-Star Tutors must be informed of any such arrangement to obtain educational resources, and will arrange reimbursement for the tutor via invoice to the client. Tutors are reminded that in accordance with section 6 of this agreement, they agree not to accept funds directly from the Client for any reason.
e. Tutors are expected to be responsive when contacted by All-Star Tutors. If you persistently fail to respond to communication from All-Star Tutors (via email or telephone or both) then we reserve the right to remove you from our books.
f. 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 All-Star Tutors). 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. Status of Terms & Conditions
a. All-Star Tutors reserves the right to alter these terms and conditions.
6. Private Arrangements
a. In consideration of All-Star Tutors providing you with students, you are not permitted to make private arrangements for tuition with clients introduced by All-Star Tutors or with new client introduced by All-Star Tutors clients. Should you breach this obligation, you will be liable to account to All-Star Tutors for all sums received by you from the client/new client without deduction and All-Star Tutors 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 All-Star Tutors must be billed through All-Star Tutors on your behalf. All-Star Tutors is willing to negotiate on commission for new clients referred to you by our clients but All-Star Tutors must process the billing and bookings must be through All-Star Tutors.
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 All-Star Tutors.
7. Payment
a. All-Star Tutors will agree the fee structure with the client and this may not be changed by the tutor or the client without written authority of All-Star Tutors.
b. All-Star Tutors collects fees due from students/clients and passes them on to tutors, net of a commission. Payments will only be made after payment has been received from the client.
c. You will not be paid directly by the client. You will not be entitled to receive your fee until All-Star Tutors has received payment from the client. If All-Star Tutors does not receive payment in reasonable time, tutors may obtain written permission from All-Star Tutors to invoice the client directly.
d. You must not accept any payment direct from the client without written permission from All-Star Tutors. Should you do so, all sums received by you will be immediately payable to All-Star Tutors and shall be actionable through the Courts without further notice to you.
8. 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 All-Star Tutors of the schedule agreed.
b. In the event of cancellation of a scheduled lesson, All-Star Tutors must be informed and an alternative date will be agreed between client and tutor. The notification of All-Star Tutors of the cancellation and alternative session date will speed up administration and prevent delays to your payment.
c. Tutors should be aware that clients must give notice of cancellation of any session more than 14 days 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 14 days 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 All-Star Tutors 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, All-Star Tutors will charge the client for the session on behalf of the tutor and will pass on the tutor’s fees net of commission as usual.
9. Liability
a. All-Star Tutors 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 All-Star Tutors 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. All-Star Tutors 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 All-Star Tutors’ 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 All-Star Tutors except that you may disclose All-Star Tutors 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 All-Star Tutors for any purpose other than to perform your obligations under this Agreement.
11. Data Protection Act
a. All-Star Tutors uses tutor data for the purposes of the services that it provides. Tutors providing personal data consent to the use of that data by All-Star Tutors for the purpose of effecting introductions to clients, for billing and fee collection purposes and to enable All-Star Tutors to contact the tutor from time to time.
b. We have a legal duty to ensure your personal data is used fairly, lawfully and transparently (in accordance with the Data Protection Act 2018). If you have any concerns about how we protect and control your data, please contact All-Star Tutors directly.
12. Truthfulness & 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 Company of this information in order that the information provided to the Company about yourself remains truthful and accurate.