TERMS OF BUSINESS 

Educated Tutors.  " Placing the finest Expert Tutors in the most Exclusive Households in London"

Tel.: 07890 554 759 or 020 3091 7173

Email: educatedtutors@yahoo.co.uk

 

Educated Tutors

Neighbourhood Enterprise Centre - PDT

St. Peters House

59 Elgin Avenue

Maida Vale

London, W9 2DB

 

Dear Families,

Please print these Terms of Business out, read, sign and return them to us by post. Alternatively, give us a ring if you have difficulties in printing these Terms of Business out, so that we can send you a copy of our Terms by post or email.

TERMS of BUSINESS 

Please read the Terms of Business carefully as they are legally binding. Once the Client has signed them, the Client is deemed to be bound by these Terms of Business. When the Agency is in receipt of this signed agreement and of the Registration Form for Families by post, by fax or email, Educated Tutors can start the search to find a tutor for the Client. The address is indicated above. 

In these Terms of Business, the following Sections shall apply:

1. WHAT IS THE MEANING OF…?

 

Agency?

 

 

means Educated Tutors of 59 Elgin Avenue, Neighbourhood Enterprise Centre, St. Peters House, London W9 2BD

 

Client?

 

 

means any parent/person/family requesting that (a) Candidate(s) should be introduced to the Client for the purpose of private home tuition to the Client.

 

Candidate?

 

 

the applicant will be referred as the "Candidate". The "Candidate" refers to any person/tutor/teacher who is introduced to the Client by the Agency.

 

Introduction?

 

 

refers to the procedure whereby any person/tutor/teacher is introduced to the Client by the Agency & whereby the Candidate's identity, or/and curriculum vitae and other personal details are given verbally, i.e. telephone / face-to-face, or in writing, i.e. by post, by email or by any other method.

 

Engagement/Placement?

 

 

refers to the use of the Candidate(s) by the Client for private tuition.

2. THE CONTRACT 

These Terms of Business are legally binding between the Agency and the Client. The Client is deemed to have accepted these Terms of Business upon registration, introduction of the Candidate(s) or Placement/Engagement of the Candidate(s).

The Client shall sign, date and return the present Terms of Business by post, by fax or email, requesting the search of Candidate(s) by the Agency. The address is: Educated Nannies & Tutors, Neighbourhood Enterprise Centre, St. Peters House, 59 Elgin Avenue, London W9 2DB, UK.

The Client certifies that the information provided to the Agency is true and accurate.

As per these Terms of Business, the Client shall undertake to notify the Agency as soon as the Client accepts private tuition from the Candidate(s) as a result of the Agency's introduction(s) verbally or in writing. The Client thus agrees to pay the Agency fees according to the fee structure and rates of the Agency as set out below:

3. FEES 

Fees stated in these Terms of Business are for one placement only. 

It is understood that the Client(s) have to pay the Agency fees upon Placement/Engagement of the person/tutor/teacher within 7 days of issuing the Agency's invoice to the Client(s). If the invoice is not settled by the Client within those seven days, the Agency reserves the right to apply a 25% surcharge to the Client's invoice. These are non-negotiable Terms.

Introductions are strictly confidential. The Client agrees that full Agency fees are payable if the Client fails to respect confidentiality related to introductions: names, addresses, telephone numbers, mobile numbers, emails, curiculum vitae and any other method. The Client agrees not to pass on Candidate(s)' details to any other third party, verbally or in writing resulting to the Agency's introductions. 

The Agency fees must not be retained on the Candidate's rates. No Agency fees are chargeable to Candidates. The fees are chargeable to Clients. 

4. RATES

Educated Nannies & Tutors is a Tutor Agency and Household Agency making introductions for tutors / teachers. The rates are as follows, whereby the Client will pay a "one-off fee" to the Agency for the provision of private tuition by the Tutor:

RATES

Placement for Tutors

£ 510.00 due by Families to Agency

Valid for a period of one year

Placement for Teachers

The Agency does not charge any commissions on the lessons given by the Tutors.

5. LESSON PAYMENTS

The Tutor charges the Client for each lesson provided, according to the rate agreed between the Tutor and the Client. As Educated Tutors does not take any commissions on the lessons provided by the Tutor to the Client, Tutors set their own rates between themselves and the Clients, according the rates mentioned in the initial introduction by the Agency.

It is understood that there is a 48-hour cancellation policy applicable when it comes to scheduling lessons. Any lesson not being cancelled 48 hours in advance by the Client(s) is liable to be fully due to the Tutor.

The Client shall make arrangements to pay the Tutor by the end of each lesson. If the Client does not pay the Tutor by the end of each tuition, the Tutor is free to cease the provision of tuition to the Client.

If the Client does not pay the Tutor by the end of each lesson, leading the Tutor to stop providing Tuition, no refund shall be due by the Agency to the Client.

6. CANCELLATION & REFUND POLICIES

A) Cancellation made by the Client or by the Candidate: subject to the conditions set out in Section 7 

B) Early termination of placement made by the Client or by the Candidate

In the unlikely event that the Tutor is deemed unsuitable, the Agency will proceed to the replacement, free of charge, provided that the following conditions have been followed:

In the event of a Client terminating the Tutor's placement, for a legitimate reason, within the first two weeks, the Agency will make every effort to provide a replacement free of charge. The Client must allow the Agency 2 weeks for such a replacement. This replacement clause is valid provided that:

-        the Client had notified the Agency in writing within 2 days of the reasonable grounds for termination of placement;

-   the Client had paid the full Agency fee within 7 days as stated in Section 3 of the Business Terms.

-     however, if the Agency is unable to make an introduction during the two-week replacement search or if the Client does not want Educated Tutors to carry on with a replacement search, the Agency will make a refund.

7. LIMITATIONS TO SECTION 5

No Agency fee shall be due to the Client if:

-      the agency fee had not been paid in full, within 7 days, as stated in Section 3

-  the Client had not notified the Agency in writing within 2 days of the termination of the placement, as stated in Section 5

-  the Candidate ceases placement due to inappropriate working conditions

-  the Candidate has been mistreated

-  the working conditions are significantly different from those stated by the Client on the Client's registration form

-  the Client places unreasonable demands on the Candidate

-  the Client does not request a replacement Candidate

-  the Client works with a tutor not introduced by the Agency during the two-week replacement search

-  the Client finds the Candidate unsuitable but still decides to carry on with the Candidate.

8. INTRODUCTIONS

Educated Tutors is a tutor agency & household agency making introductions only. As such, the Agency's role is only an advisory role to the Client. 

Introductions as stated in Section 1 are strictly confidential. If a Client is in breach of this clause, the Client will be liable to pay the Agency the full Agency fee.

It is agreed that the Client will immediately notify the Agency upon accepting placement as to the Candidate and acceptance of placement by the Candidate. 

If the Client decides to start placement of the tutor at a later date, the Client and the Tutor are liable to inform the Agency of the placement and the appropriate fee must be paid by the Client to the Agency.

9. REFERENCES 

The Agency endeavours to check the Candidate's references thoroughly. The Agency strongly advises the Client to follow up the Candidate's references by themselves as well. The Agency cannot be held responsible for any inaccuracies or omissions by the Candidate. Under no circumstances, the Agency shall be held liable for any loss, damage, injury to persons or property arising directly or indirectly of any Candidate's omissions or fraudulent or negligent acts.

10. SELF-EMPLOYED TUTORS

Tutors provide a service with regard to tuition. They are self-employed. As such, they are responsible for their own income tax and national insurance contributions.

In the case of full-time tutors, the Client will pay Tax and National Insurance Contributions for the Candidate(s) they have decided to employ, as a tutor cannot be self-employed under the circumstances of full-time employment. If employment is agreed on, it is understood that the Client is the Employer of the Candidate(s). Educated Tutors is not the Candidate's Employer as Educated Tutors is a tutor & household agency that only makes introductions of Candidates to Client(s). 

In the case of full-time tutors, the Client must provide the Candidate with a contract within eight weeks of employment by the Client. This is a legal obligation. Failure to do so will incur heavy fines. Additionally, by law, the Client must ensure that the Candidate has the right legal status to work. Information provided in the Business Terms and on the Agency's website with regard to legal, tax, insurance, links on the website and in Section 9 is provided on an advisory basis only. The Agency can recommend experts but the Agency is not liable for the advice provided by the said experts. For more in-depth information, please contact the relevant experts.

11. TAX & NATIONAL INSURANCE

The Agency (Educated Nannies & Tutors) is not the Employer of the tutor/domestic staff. The Agency makes introductions to Clients. In case of full-time employment, the responsibility of the P.A.YE. and paying NI lies with the Client/Employer.

12. CAR INSURANCE

If the Candidates drive their own cars, the Candidate must ensure that the Candidate has the correct level of insurance.

13. NON-ENDORSEMENT

The information referring to the links and third parties are strictly for convenience. The Agency takes no responsibility for the contents and third parties' practices. The presence of any links on the Agency's site does not mean endorsement by Educated Nannies & Tutors. 

14. AMENDMENTS & CHANGES

The Agency may amend/change these Terms of Business at the Agency's discretion and without prior notice for any reason whatsoever.

15. GOVERNING LAWS & JURIDICTION

These Terms of Business represent an Agreement governed by the law of England & Wales.

Printed surname of the Client ________________________________________

 

Printed first name of the Client _______________________________________

 

Client's signature: ___________________________Date: _________________