1. DEFINITIONS:
In these Terms and Conditions the following definitions apply:
“Tutor” means the person introduced by the Agency to the Client for an Engagement;
“Client” means the person to whom the introduction of a Tutor is made.
“Agency” and “Agent” means WISE Tutors (Wisetutors.co.uk) GTW Consortium Ltd, Weatherill House, Croydon CR0 4WF.
“Engagement” means the Client using a Tutor for tuition;
“Introduction” means the passing to the Client of Tutor Information;
“Agreed Hourly rate” means the rate payable for tuition as agreed between the Agency and the Client;
“Tutor Profiles” refers to online profiles for Tutors. Tutor profiles include the Tutor qualifications and experience.
“Tutor Information” means full contact details of a Tutor selected by the Agency;
“Online tuition” is where the tutor tutors a student where tutor and student are not in the same location as the tutor using the Internet.
2. GENERAL
The decision of a Client to register with the Agency or request a quote, shall be deemed as acceptance of these terms and conditions.
The Agency acts as agent of the Tutor by providing introductions of Tutors to Clients and vice versa.
No variation or alteration of these terms and conditions shall be valid unless approved in writing by the Agency.
3. AGENT RESPONSIBILITIES
The Agency will recommend Tutors to the Client for an Engagement.
The Agency will conduct its own checks on Tutors with regard to Identification, Degree certificates, References and DBS certificates (formerly CRB).
The Agency will aim to send up to three Tutor profiles to the Client within 5 working days.
If there are no Tutors available to take the assignment, the Client will be informed within 10 working days.
If the Agency is unable to provide one or more Tutor Profiles for the Assignment within 10 working days, the Client will be entitled to a refund on registration fees.
The Agency will provide Tutor Profiles showing the Tutor’s qualifications and experience.
The Agency is not obliged to provide a photographic image of the Tutor especially in cases where the Tutor has declined from placing a photograph online.
The Agency is not obliged to reveal Tutor Information including full names of the Tutor until the Client has selected a Tutor Profile for an Engagement.
4. REGISTRATION FEES
A registration fee is paid prior to registration with the Agency.
The registration fee is quoted verbally to Clients by telephone and subsequently confirmed in writing.
The Agency will not contact Tutors if the registration fee has not been received.
The registration fee is an administration charge for time spent contacting our registered tutors and selecting Tutor Profiles to send to the Client.
If the Client is booking more than one Tutor or requires additional Tutors for a separate engagement in the future, an additional introduction fee will be charged at the standard hourly rate.
5. REFUNDS
In cases where the Client has been provided one or more Tutor Profiles, the Agency will not refund the registration fee.
The Registration fee is refundable after a period of 10 working days if no Tutors Profiles have been provided to the Client.
The Registration fee is refundable if the Client notifies the Agency of the cancellation of the contract within 5 working days of registration and no Tutor Profiles have been provided to the Client.
Refunds will be processed within 14 working days.
6. CLIENT RESPONSIBILITIES
In cases where the Client does not accept a Tutor Profile and confirm a start date within 5 working days of receiving the Tutor profile, the Tutor Profile will become invalid and the Client will need to inform the Agency if a new Tutor Profile is required.
The Agency is not obliged to provide a replacement Tutor and the Client is not obliged to accept a replacement Tutor Profile.
Tuition sessions must be arranged between the Client and the Tutor.
Each tuition session must be for a minimum period of one hour.
The Client must ensure that a responsible adult is present for all tuition sessions.
A Tutor cannot be held responsible for chaperoning minors, nor guarding a house and household effects while Tutoring.
7. TUITION FEES (DIRECT TUTOR PAYMENT)
In the event of an Engagement, the Agreed Hourly Rate is payable to the Tutor by the Client.
The tuition fee quoted at registration includes transportation fees.
The tuition fees may increase 12 months from the date of Engagement.
Clients must sign timesheet for all tuition sessions that have taken place.
In cases where the tuition session has taken place but the Client is not able to sign for tuition sessions such as online tuition or cases where an adult other than the Client has been present for the tuition session, a copy of the timesheet will be sent to the Client, showing tuition sessions that have taken place.
8. TERMINATION OF ENGAGEMENT
The Client must provide 7 days notice in order to terminate the Engagement.
Notice to terminate the Engagement must be provided in writing to the Agency so that the Tutor can be notified.
If the Tutor or Client withdraws or Terminates the Engagement, the Agency will endeavour to provide another Tutor to the Client.
If the Tutor or Client withdraws or Terminates the Engagement, the Agency is not obliged to arrange a replacement Tutor.
9. CANCELLATION & LATE PAYMENT FEES
If a Tutor, for any reason, is unavailable for a scheduled tuition session, the Agency will endeavour to arrange a replacement Tutor, subject to availability, in order to minimise disruption to the student’s progress.
If the Client cancels a tuition session without providing 24 hours notice, the Client agrees to pay the equivalent fee of one hour of tuition.
Cancellations without due notice will be charged at the one-hour rate.
The Client must make payment to the Tutor on or before the date of the tuition session.
A late payment fee of £20 per week may be applied to payments not made on the day of tuition.
10. INDEMNITY
The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation, whether direct, indirect or consequential, which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking a Tutor for the Client or from the Introduction to or Engagement of any Tutor by the Client or from the failure of the Agency to introduce any Tutor.
The final decision to engage with a Tutor rests with the Client.
The Agency can give no warranty, representation or undertaking as to the suitability, honesty or capability of any Tutor nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the Agency.
In no circumstances shall the Agency’s total liability to the Client, whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise, exceed the fee payable by the Client.
11. DATA PROTECTION ACT
The Agency is registered under the Data Protection Act to hold and use client data for the purposes of the services that it provides.
Clients providing personal data to the Agency are consenting to the use of that data by the Agency for the purpose of effecting introductions to Tutors, for billing and fee collecting purposes and to enable the Agency to contact the client and/or student from time to time.
Where required for legitimate purposes in connection with the Agency’s business and subject to suitable safeguards that data may be transferred to others.
12. POLICIES
Any opinion expressed by a Tutor is not necessarily an expression of the opinion of the Agency
13. LAW
These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England & Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).