Terms and Conditions
Terms and Conditions between The Simply Learning Tuition Agency Ltd. (SLTA) and Tutor (You)
These terms and conditions concerning SLTA’s provision of agency services to you and in relation to the provision of your private tuition services to parents of the student (or the student if they are an adult) only apply once you have accepted the offer of an assignment and you start providing tuition services to the client. SLTA does not have any obligation whatsoever to provide you with further introductions to clients for work and you have no obligation to accept them. It is entirely at your discretion whether or not you accept the assignment offer.
1. OFFER OF ASSIGNMENT
- 1.1 Offers of assignments will be made by SLTA to you by being displayed on SLTA’s website, or by phone call or email to you, or a smartphone App.
- 1.2 Where you have confirmed to SLTA that you would like to accept an assignment, we will provide you with the client’s contact details.
- 1.3 Although you are a self-employed tutor, you are required to use a written terms to outline the terms upon which you provide tuition for the client. These will be provided to you for the time being because SLTA has an interest in those terms in relation to collection of fees on your behalf, its commission and bringing proceedings against the parent to enable recovery of your fees and consequently SLTA’s commission but not otherwise. You may, if you wish, add additional terms you agree with the parent, in which case you must notify SLTA immediately if you require them to be added to the terms. SLTA will send those terms out on your behalf and request the parent to sign and return them. SLTA will not accept responsibility for any defect in the additional terms added at your request; and SLTA will not make an additional charge to you for adding the additional terms although SLTA reserves the right to do so in the event that SLTA is required to spend any material amounts of time in adding the terms. You will also be required to sign a copy of those terms.
- 2. PAYMENT
- 2.1 SLTA will charge you a fee based on the fee you charge to the Client. This reflects SLTA’s work done in providing you with an introduction to the client and providing administrative and payment collection services (“the commission”). VAT will be added to the commission when it is charged to you. The commission is deducted at source from the amount payable to you that has been collected on your behalf by SLTA and SLTA’s fee and your fees for the time being will be specified in your online account.
- 2.2 SLTA will invoice your hourly or daily charges to the Client on your behalf. The charges will be the amount that you have agreed is acceptable to you, following your agreement to commence an Assignment. You will notify us of your charges by submitting monthly timesheets. These should be filed through your online account in a timely fashion, to allow SLTA to collect your fees and SLTA’s commission on those fees.
- 2.3 You confirm that you are not registered for VAT. Accordingly, SLTA will not charge the Client VAT on your fees billed to them on your behalf. Whether or not you register for VAT is up to you on which you must take separate advice. Where you become registered for VAT, you must notify SLTA immediately. SLTA will require a copy of your VAT registration certificate and any other information which may be required to determine whether VAT is properly chargeable. Even then, unless you advise SLTA in writing to add VAT on your fees, SLTA will not charge the Client VAT and your fees will be inclusive of VAT and you will have to account for VAT out of your fee SLTA passes on to you net of its commission.
- 2.4 Statements of Account are sent to clients once a month for ongoing placements, or on completion of a residential placement.
- 2.5 You will not accept payment from, or discuss payment terms with any client.
- 2.6 Payment will vary from placement to placement and past rates are no guarantee of future rates. You will agree a rate for a particular job before choosing whether or not to accept that job.
- 2.7 SLTA will hold fees on your behalf and transfer funds from your client as soon as reasonable practicable after receipt of those funds (if practicable, on same working day SLTA receives cleared funds). At the same time, SLTA will invoice you for its commission on these funds plus VAT and deduct the commission plus VAT and any other amounts due to SLTA from you under these terms from the funds due to you.
- 2.8 If the client does not pay, and they have not made a complaint about the standard of your work, we may take them to court jointly with you to attempt to recover your fees and our commission. Although strictly you are free to bring a separate claim in order to attempt to recover monies owed to you for tuition, we recommend that proceedings should be brought against the parent jointly with us. We agree to cooperate with each other in taking the proceedings and bear any cost of taking proceedings in the same proportion of our respective entitlement to the fees and commission. If the client does not pay, we have no obligation to pay you. Any partial payment by the client will be passed to you after SLTA has deducted their commission on the amount that has been paid and your share of the costs of the court proceedings.
- 2.9 If the client refuses to pay because they are not happy with the standard of your work, we may, at our discretion, charge you for the commission we would have received on that work.
- 2.10 Payments from the Parent outstanding for more than 30 days will be charged interest at 8% APR from the original invoice date and such part of that interest as is equal to the proportion of the fee charged to the parent as represents SLTA’s commission (inclusive of VAT) will belong to SLTA and will be deducted from amounts held by SLTA on behalf of and payable to you, but if there is no such amount, you will be required to pay the interest to SLTA.
- 2.11 We are entitled to deduct from any sums payable to you any sums that you may owe SLTA at any time.
- 3. SUBSTITUTION & CANCELLATION
- 3.1 You are entitled to appoint at your discretion a suitably qualified and skilled substitute to perform the Tuition Services on your behalf. Where a substitute who has been proposed by you has agreed to provide tuition in your place SLTA will continue to invoice the client as stated below and you in turn shall be responsible for the remuneration of the substitute. You do not need to inform SLTA of this substitution. You are responsible for ensuring that your substitute sends their duly completed timesheets to SLTA in a timely fashion to allow SLTA to collect your fees and SLTA’s commission on those fees.
- 3.2 If tuition performed by your substitute is not of a standard accepted by the client and the client refuses to pay you for the substitute’s work, SLTA will charge you for the commission that would have been received from you by SLTA on this work. These funds will be taken from monies held or received on your behalf for other work, or in the case that none are held, you will be invoiced for them separately.
- 3.3 If you cancel a tutorial(s) and do not provide a substitute tutor, SLTA will invoice you for the commission that would have been charged to you for this work. In the case of your illness, SLTA may, at its discretion waive this charge.
- 3.4 It is at your discretion whether or not you charge the client for cancelled lessons if their child is ill.
- 3.5 If you cancel a residential tuition placement, or any tuition placement that is similarly intensive in nature (specifically, more than 10 hours in one 7 day week we may, at our discretion, charge for the commission, or a portion of the commission, that we would have received from you for that work if we i) cannot find and introduce a suitable replacement ii) you cancel within two weeks of the start date of the tuition.
- 4. RISKS AND LIABILITY
4.1 You are a self-employed private tutor. You are responsible for taking out your own professional
indemnity insurance, and any other insurance you may see fit to use. We do not employ you and we do not offer you any form of statutory employee rights (such as sick pay, holidays etc). SLTA is not liable in any way whatsoever for any damage caused by your actions. Likewise, SLTA is not liable for any harm caused to you by the client. You shall have personal liability for and shall indemnify the SLTA for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from the provision of the Tuition Services.
4.2 You are responsible for recovering all travel costs directly from the client, or for instructing us as your agent, to do so on your behalf. It is at your discretion how much planning and travelling time you provide for each job.
4.3 You are responsible for filing your own self-assessment tax return. You must disclose the full amount paid by your clients for tuition on your return. As part of our service to you, for a small charge (of no more than £20) we can provide a summary of your client’s payments to you at the end of the year and our commission charged to you. If requested to do so by HMRC, we will also provide this information to them.
- 5. TRUST & OBLIGATIONS
- 5.1 You agree at all times not to engage in conduct which is or may be detrimental to the interests of SLTA including, without limitation, any conduct which directly or indirectly affects the amount of commission which may be due to SLTA. You agree to provide your services diligently. You may be engaged, employed or concerned in any other business, trade, profession or other activity that does not place you in a conflict of interest with SLTA. As a self-employed tutor, you are able to register with any other tuition agency you wish, or source your own clients directly (but see 5.2 below).
- 5.2 However you will not make any agreement with any client whom SLTA has introduced you to, that bypasses or in any other way harms SLTA. Additionally, you will not work for any person or SLTA which SLTA introduces you to, without SLTA's express permission to accept such work. If you enter into arrangements directly with any person that we have introduced you to without our involvement, regardless of whether i) they are currently a client of ours and ii) they engage you beyond the termination or conclusion of tuition provided by a you following our introduction, you agree to pay to us a an amount by way of liquidated damages equal to 35% of the total gross fee paid by the person we have introduced you too. This is in addition to any amounts you have been paid by them. SLTA has similar rights against the parent introduced to you by us. SLTA will be entitled to claim against both you and the parent, but SLTA will not seek double recovery for the same loss.
- 5.3 You will not solicit business from a client’s contacts, friends, relatives, or any other contacts you may make during any placement. You may recommend such a third party to SLTA.
- 5.4 A breach of these terms will render you liable to account to SLTA for any sums received by you direct from SLTA or from another client without any deduction whatsoever. SLTA will be entitled to seek injunctions against both you and the client to prevent further breaches. These obligations continue beyond the termination or conclusion of tuition provided by you to a parent introduced by us
- 6. CONFIDENTIAL INFORMATION
- 6.1 You shall not use or disclose to any person either during or at any time after your engagement by SLTA any confidential information about the business or affairs of SLTA or any of its clients or business contacts (including the names and addresses of clients and business contacts), or about any other confidential matters which may come to your knowledge in the course of providing the Tuition Services. For the purposes of this clause, confidential information means any information or matter which is not in the public domain and which relates to the affairs of SLTA or any of its clients or business contacts.
- 6.2 The restriction in this clause does not apply to:
- (a) any use or disclosure authorised by SLTA or as required by law; or
- (b) any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
- 7. DATA PROTECTION AND PRIVACY
- 7.1 You consent to SLTA holding and processing data relating to you for legal, personnel, administrative and management purposes and in particular to the processing of any "sensitive personal data" as defined in the Data Protection Act 1998 relating to you including, as appropriate:
(a) information about your physical or mental health or condition in order to monitor sick leave and take decisions as to your fitness for work;
(b) your racial or ethnic origin or religious or similar beliefs in order to monitor compliance with equal opportunities legislation;
(c) information relating to any criminal proceedings in which you have been involved for insurance purposes and in order to comply with legal requirements and obligations to third parties.
- 7.2 We will maintain strict controls over your personal details. We will send your contact details to clients when you confirm availability for a job. We may display your photograph and your profile (written by you) on the web.
- 8. STATUS AND RESPONSIBILITY TO PAY TAX
- 8.1 You are a self-employed independent contractor and nothing in this agreement shall render you an employee, worker, agent or partner of SLTA and You shall not hold or describe yourself out as such.
- 8.2 You are solely responsible for paying tax on your tuition fees, including the payments you receive from SLTA. You are required to register with HM Revenue & Customs and notify them of your self-employed status and if appropriate, register for VAT purposes.
- 8.3 You shall be fully responsible for and indemnify SLTA against any liability, assessment or claim for:
- (a) Taxation (which includes income tax and National Insurance Contributions) whatsoever arising from or made in connection with the performance of the Tuition Services, where such recovery is not prohibited by law; and
- (b) any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you or any substitute proposed by you against SLTA arising out of or in connection with the provision of the Tuition Services.
- 8.4 SLTA may satisfy its entitlement under such indemnity (in whole or in part) by way of deduction from any payment due to you.
- 8.5 You confirm that you are free and entitled to work without restriction in the UK.
- 9. GOVERNING LAW AND JURISDICTION
- 9.1 This agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.
- 9.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of this agreement.