Client Terms and Conditions
Definitions and Interpretation
‘AT’ refers to Atheridge Tuition.
‘Client’ refers to an individual, entity or organisation who is a purchaser or prospective purchaser of tutoring services through Atheridge Tuition. In the event that the Student is an individual under 18 years of age at the time of commencing of tuition, the Client must be the parent, carer or guardian of the Student.
‘Student’ refers to the individual directly receiving tutoring services from a Tutor introduced by Atheridge Tuition.
‘Tutor’ refers to an individual who has successfully registered as a tutor or consultant with Atheridge Tuition and who agrees to provide services to Atheridge Tuition’s Clients.
Tutor ‘Experience’ refers to tutoring / teaching experience that Atheridge Tuition deems 'relevant'. It is at Atheridge Tuition's discretion what it views as 'relevant'.
'DBS' refers to Disclosure and Barring Service.
Wherever the context so requires, the masculine gender includes the feminine or neuter.
Responsibilities of the Client
The Client will:
provide AT with all information and documentation that may be required by AT for the provision of tutoring services.
be responsible for providing to AT all information regarding the Student’s academic records, relevant study materials and details of the Student’s academic targets that may be relevant to the provision of the tutoring services.
ensure at all times that information he provides to AT regarding himself (and the Student, if different) is accurate and is kept up-to-date, including (but not limited to): his name, address, and telephone number(s).
note that AT have sole discretion in deciding whether or not to accept an application made by an individual for registration as a Client or, if different, for registration of a Student.
be responsible for payment of all charges or expenses payable in connection with the provision of the Tuition Services. The Client shall pay the agreed hourly fee for any reasonable time spent by the Tutor in connection with the performance of Hourly Tuition (this may include marking of work, preparation of course work and materials).
where a Tuition Session is to take place at a location of the Client’s choice (e.g. the Client’s home), the Client shall ensure that the room in which it is proposed the Tuition Session shall take place is suitably quiet and conducive to the provision of tuition, and that reasonable amenities (e.g. a toilet; drinking water) are made available to the Tutor.
if the Student is below 18 years of age, be responsible at all times for the Student’s supervision and safety.
comply promptly with any request made by AT for feedback relating to the provision by the Tutor of any tuition services to the Client.
Tutors’ Employment
All Tutors are under a contract for services and are self-employed as far as the provision of any tuition services to any Client are concerned.
All Tutors have an ongoing obligation to provide AT with a current enhanced DBS Disclosure relating to the respective Tutor which acts as a prerequisite to the Tutor undertaking any Tuition Session.
Tuition Sessions and Consultations
A Tuition Session or Consultation at the Client's home shall consist of a one-and-a-half hour tuition session as a minimum, and a five hour tuition session as a maximum, excluding any time expended by the Tutor in travelling and waiting in connection with the provision of the Session - unless otherwise agreed between AT, the Tutor and the Client.
A ‘Trial Session’ is the first Tuition Session taken by the Student with the Tutor and shall allow the Tutor and Student to decide whether the tutoring relationship is likely to be effective in meeting the Student’s needs.
The Trial Session shall be of one hour duration and shall be free of charge, unless otherwise agreed between AT and the Client.
Following the Trial Session, if satisfied with the service provided by the Tutor, the Client shall notify AT and / or the Tutor of an intention to take further Tuition Session(s) with the Tutor to allow the Tutor to make himself available to provide such and, if required by the Client, ensure that a regular time slot is kept available to accommodate that Client’s needs.
Tuition Rates and Payments
AT shall provide an initial telephone consultation to the Client free of charge and any obligation in order to determine the tuition requirements of the Client.
The billing process will be under the control of AT.
The tuition rates are set by AT according to the level of tuition, the subject, the location wherein the tutoring services will take place and any agreement with individual Tutors, and are usually set on an hourly basis.
The tuition rate will include an amount in respect of commission that is payable solely by the Client to AT for the service provided by AT. VAT is applied where appropriate.
For block booking programmes, we ask for a 20% deposit of the projected final invoice in advance in order to reserve the requested timetabled slots, as per the availability of the Tutor and Student. The Client shall thereafter pay the remaining 80% of the invoice prior to the first scheduled session. If payment is not received in full prior to the first scheduled session, AT reserves the right to cancel the agreed tuition program and to retain the 20% deposit.
Payments must not be made directly to the Tutor at any time. AT reserves the right to claim back any payments in full which were made without AT’s knowledge.
Expenses
Any books or supplies purchased by the Tutor, which are not agreed upon by the Client and AT shall not be reimbursed by the Client or by AT.
Cancellations / Termination
In the event that the Client, Consultant or Tutor wishes to cancel or reschedule an arranged Consultancy or Tuition Session, the party wishing to cancel or reschedule must notify the other party and AT of this and shall give at least 24 hours’ notice.
In the event of cancellation by the Client, if less than 24 hours’ notice prior to commencing of the scheduled session is given, the fee relating to the cancelled session may still be charged.
In the event that a Tutor’s contract with AT is terminated for any reason, the Tutor will refer the Client to AT who will endeavour to provide a suitable alternative.
Limitation of Liability
AT shall not be responsible or held liable for any claims by the Client arising out of or related to the provision of the Tuition Services by a Tutor introduced by AT.
Tutor-Client Disputes
In the event of a dispute arising between the Tutor and the Client, AT shall not be held responsible or liable for any such issues(s) or for a failure to achieve a satisfactory solution.
Non-solicitation
The Client is prohibited from making any private arrangements for tutoring services with a Tutor introduced by AT.
Should a Client breach this obligation, the Client will be liable to account to AT for all sums paid to the Tutors, without deduction, and AT shall be entitled to obtain an injunction against a Client to prevent further breaches. This obligation shall continue notwithstanding termination of this agreement.
General
AT reserves the right to alter these Terms and Conditions.
These Terms and Conditions shall prevail over any other terms of business or conditions put forward by the Client, unless otherwise agreed in writing by a Director of AT.
No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by a Director of AT.
Confidentiality
You undertake that you shall not at any time during this agreement, and for a period of five years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of AT, except that you may disclose AT confidential information as may be required by law, court order or any governmental or regulatory authority.
You shall not use AT’s confidential information for any purpose other than to perform your obligations under this agreement.
Approval
Acceptance of AT’s services will be regarded as full agreement to these Terms and Conditions.