This is an agreement between you (you) and Tutorfair Limited (we, us, our or Tutorfair), in relation to any services you request through www.tutorfair.com (the Website) or the Tutorfair phone application (the App). Our registered company number is 08031016 and our registered office address is at Suite 3B2, Northside House, Mount Pleasant, Cockfosters, Herts, EN4 9EB.
These terms set out the basis upon which you are allowed to use our Website and App and the services that we provide to you from time to time ("Services") in your capacity as a Tutor.
If you want to register as a Tutor to access or use the Website, App or Services you must agree to these terms and you acknowledge that these terms form a legally-binding contract between us and you. If you do not want to be bound by these terms, then you should not register as a Tutor on the Website or App.
We may change these terms from time to time by updating the copy of the terms that is on the website. If you are a registered as a Tutor with Tutorfair, we shall notify you of any change to the terms.
These terms were last updated on 27 October 2016.
1.1.The purpose of the Website and App is to enable people ("Clients") to book Tutors for tutoring sessions ("Sessions") either for themselves or for someone else. Tutor experience and other credentials can be viewed via each tutor’s profile page on the Website or App, along with each Tutor's availability and hourly fixed fee cost.
2.1.You must be over 18 and allowed to work as a tutor in the UK to register with us.
2.2.You confirm you have fully disclosed to Tutorfair any criminal convictions or cautions you may have to the full extent required by the law.
2.3.You should only register as a Tutor in your capacity as an individual, and not on behalf of a limited company or other legal entity. As part of our agreement, you confirm that this is the case.
3.1.It is free for you to register with us, set up your profile and list your Session availability on our platform. We may in the future charge fees for certain enhanced features of our service and you will have the opportunity to review and accept such fees prior to incurring any costs.
3.2.We may impose limits on certain features of the Website and App or restrict your access to parts or all of it without notice or liability.
3.3.You will need to complete your profile page on the Website, and provide all necessary information relevant to your tutoring ability and experience so that Clients may adequately assess whether or not to book a Session with you. You are responsible for all information listed on your profile page and any other information you provide to us in connection with your user account or profile, including experience and qualifications.
4.1.In order to use the Services as a Tutor, you must register for and open an account with us. In doing so, please make sure that all of the details that you give to us are accurate and complete, and are kept current and up-to-date while you continue to use the Services.
4.2.Once you have registered with us and have a login ID (including a username and password or other identifier), please do not give this information to anyone else or allow anyone else to use it.
4.3.Unless you have notified us that something has happened to cause a risk of unauthorised use of your ID, then any activities that occur under your ID will be treated as if they were carried out by you.
4.4.Please notify us immediately as per the Contact Us section if anyone else has become aware of your ID in circumstances in which there is a risk of misuse or if you have any reason to believe that there is any other risk of any unauthorised use of your account.
4.5.We may disable any login ID at any time if, in our opinion:
(a)you have not complied with any of these terms;
(b)any details you provide for the purposes of registering as a user are or may be false; or
(c)there is any other risk to the security or integrity of our website or the Services.
4.6.You may choose to hide your profile from display to Clients on the Website and App at any time, by selecting ‘Hide Profile: Yes’ in the ‘Edit Account’ section, then clicking ‘Submit’. Clicking on this button will mean that your tutor profile does not appear in search results on the Website or App when Clients are searching for Tutors, until such time as you choose to make your profile public again. We may also hide your profile from search results at any time.
5.1.You appoint us as your agent for the purpose of:
(a)negotiating and forming binding agreements between you and Clients in relation to booking Sessions; and
(b)processing the Fees due for each Session; and
(c)to collect on your behalf all or part of the Fees due for payment by the Client for each booked Session with you.
5.2.Payments made by Clients for any Sessions booked with you will be accepted by us as your agent, and as far as you and the Client are concerned, payment to us will be treated as a payment to you. Accordingly, once payment has been made to us by the relevant Client, the Client will be treated for all purposes as having paid you, and you will not be able to claim any further payment from the Client.
5.3.Although we may act as agent for certain purposes set out above, we are not a party to the contract between you and any Client for the performance of any Sessions and we will not be liable to you or the Client in relation to the performance of any Session.
6.1.Whilst using the Website and App and performing any Sessions for Clients booked through the Website or App you must:
(a)ensure that all statements made on your public profile on the Website are accurate and up to date;
(b)keep your availability diary as up to date as reasonably possible;
(c)communicate with Clients introduced to you by Tutorfair exclusively using the messaging system on the website until they have made their first booking. You will not give any outside contact details to enable contact by other methods;
(d)report to Tutorfair any attempts by clients to solicit contact outside messaging;
(e)keep a record on the messaging system of any agreements with the Client (e.g. to move a lesson time) by confirming the agreement in a message with 48 hours;
(f)only agree to teach Sessions that you can reasonably commit to performing and have the qualifications and resources to complete.
(g)meet all bookings and ensure that you arrive on time to all Sessions and fully prepared to the extent required for each Session;
(h)behave, in all communication tools of the Website and App and in person, with reasonable skill, care and diligence in accordance with good industry practice expected of a person providing tutoring services. The Tutors’ Association’s “Code of Ethics” are a good short definition of good industry practice.
(i)raise any issues experienced by you to us, in relation to any Client which has booked a Session with you via the Website or App within 48 hours. By way of example, this may include:
(i)if a Client does not turn up for a Session;
(ii)if the lesson arrangements are unsuitable; or
(iii)where there is any other behaviour on the part of Client which is inappropriate or otherwise unacceptable.
7.1.You must ensure that where Session availability is displayed on your profile page, it is an accurate reflection of your availability and that such information is kept up to date.
7.2.When accepting a Session booking, you must ensure that you can commit to the Session, arrive on time and be sufficiently prepared to teach the Session effectively.
7.3.You must specify an hourly rate for each Session ("Fees") which will be displayed on your profile page. Unless otherwise stated and agreed with a Client, your Fees shall include all travel costs and other expenses.
7.4.When a Client has booked a Session with you, you will receive an email confirmation from us to let you know that a Session has been booked. If you no longer wish to teach a booked Session concerned, you may cancel that Session and refund the Client in full via your account on the Website.
8.1.In consideration for providing the Services, Tutorfair receives a commission in respect of Sessions booked ("Commission"). This Commission represents a percentage of the ex-VAT Fees agreed between you and the Client; the percentage is determined by the applicable commission scheme shown on the web site. VAT is payable on the commission. Another 1% is a donation to the Tutorfair Foundation, which the client can opt out of paying. The remainder of the ex-VAT Fees is then passed on to you. All timeslots are shown to other users of the Website as available until payment has been taken from a Client and you have confirmed that you are happy to accept a booking.
8.2.You are paid by electronic payment directly into your bank account. Payments are generally made each Friday for lessons up to the previous Sunday, unless you are otherwise notified.
8.3.All Fees are collected and processed via one of our third party payment providers: Braintree, Stripe or Paypal. The Fees and the commission are collected from one of our third party providers before being passed on to you. Tutorfair is not responsible for the performance of Braintree, Stripe or Paypal, nor for enforcing payment for Sessions by Clients of the Service.
8.4.Fees listed on the Website shall be deemed to be quoted in Pounds Sterling, unless otherwise stated, and inclusive of any VAT or sales tax (if applicable).
8.5.If you use other platforms or methods to market your services as a tutor, you agree that the prices you offer to Clients via us are at any given time at least as low as the lowest price offered by you via the other platforms or methods for equivalent sessions.
8.6.We will pay you referral fees for clients you introduce to Tutorfair and/or to specific tutors on the marketplace. Referral fees are shown on the site and are calculated and settled monthly.
9.1.In relation to any given Session: if you wish to cancel the Session prior to the Session’s start time, you may do so through your account via the Website, in which case the Client who has booked the Session with you will be notified via email of the cancellation and receive a full refund.
9.2.In the event that a Client chooses to cancel a booked Session, we will notify you immediately upon receipt of being notified by the Client of the wish to cancel a Session. Once a Session has been cancelled it will immediately appear as an available Session on your profile page.
9.3.Clients may cancel a booked Session and receive a full refund at any time within fourteen (14) days of booking any Session with you via the Website or App ("Cooling-off Period"). After the expiry of the Cooling-off Period, Sessions may be cancelled by Clients no later than up to 24 hours before the commencement of a Session. Where a Client has booked a Session to be delivered during the Cooling-off Period, the Client will lose the right to cancel be refunded whenonce the Session concerned has been delivered by you.
9.4.Tutorfair may also terminate or suspend your access to the Services at any time if, in its opinion, you have failed to comply with any provision of these terms, if any details you have provided to us turn out to be false, or if we believe it is necessary to protect other users and/or for the security of the Service; by providing you with written or email notice of such termination. Termination will be effective immediately upon delivery of such notice.
9.5.You may terminate these terms at any time by ceasing all use of the Service. All parts of the terms which by their very nature should survive the expiration or termination of these terms shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these terms.
10.1.You agree to our no-quibble refund to Clients ("Tutorfair Satisfaction Guarantee") for their first lesson if a particular tutor was not a good fit, for whatever reason. In the event that one of our Clients contacts us within 48hrs of the Session taking place, to ask for a refund in respect of a Session which you have taught, we will contact you to discuss this with you.
11.1.If you upload any content to the Website or App, you retain any intellectual property rights you may have in any such content (including any photos, Session descriptions and other such content). However, you agree to grant us, our affiliates and anyone else permitted by us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to copy, adapt, create derivative works from and communicate to the public all such content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author of, such content.
11.2.By submitting any content to or via the Website or App, you agree to the following:
(a)you are publishing such content and therefore you may be identified publicly by your name or login ID in association with your content;
(b)if and to the extent that any content provided by you contains any material that is subject to a third party's intellectual property rights or other proprietary rights, you will have obtained all necessary permissions to upload all such material and to grant us, our affiliates and licensors all of the licence rights set out in these terms;
(c)you will indemnify us, our affiliates and licensees, from all claims, liabilities and losses that arise from:
(i)any claim that any content provided by you infringes the intellectual property rights of a third party or is otherwise illegal or unlawful;
(ii)any breach by you of these terms;
(iii)any breach of these terms by any person accessing the site under your log-in details.
12.1.Tutorfair is not responsible for and shall have no liability in relation to any Sessions or other dealings which are facilitated by users using our Services. Any disputes in relation to any Sessions or dealings with Clients should be raised and resolved directly with the user concerned.
12.2.If you have a dispute with any Clients or other users on the Website or App while using our Service, you agree to release us from all claims, demands and damages of every nature, known and unknown, arising out of or in any way connected with such disputes. We will not be liable for any claim or demand against you by any other party.
12.3.We will have no liability to you whatsoever for any for any act or omission of the Client or user in connection with any Session.
12.4.You acknowledge that you are self-employed and not an employee of Tutorfair, and you are therefore responsible for your own tax, National Insurance and related self-assessment. You will indemnify us against any claim made by HMRC or any other relevant authority in relation to any tax, National Insurance, penalties or other charges or payments relating to you or your work.
12.5.You acknowledge that Tutorfair may use mystery shoppers to monitor compliance to these terms.
(a)the term of these terms and conditions; and
(b)the period of twelve (12) months immediately following the end of the month in which these terms and conditions terminate;
you agree that you will not:
(a)other than via the Website or App or otherwise with Tutorfair's prior consent, contract directly with a Client or other person introduced to you by Tutorfair for the provision of tutoring or similar services; or
(b)other than to the extent that they are arranged via the Website or App or otherwise with Tutorfair's prior consent, provide tutoring or similar services to a Client or other person introduced to you by Tutorfair.
See also clause 8.5.
14.1.In the event that we receive any complaints from Clients about your conduct or a Session you have taken for a Client, we will aim to resolve all such complaints amicably between both parties.
16.1.Irrespective of where you access the Website or App, these terms and your access and use of the Website and App shall be governed by English law, and you agree that any dispute between us and regarding the website of these terms will be dealt with by the English courts, provided that nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
16.2.Access to the Website and App or to any content from territories where use of the Website or App (or any part of them) is illegal or unlawful is expressly prohibited. If you choose to access the Website or App from outside the United Kingdom, you do so of your own accord and are responsible for compliance with local laws.
17.1.Please submit any questions you have about these terms or any problems concerning the website or its use to us by any of the following means: