Tutor terms of business

Terms of Business
These Terms of Business form part of the Tutor’s contract with Wise Tutors and the contract between the Tutor and each Client.

Definitions
In these Guidelines for Tutors and Terms of Business, the following terms will have the following meanings:
Tutor: This refers to the person providing tuition services to the Client and Student.
Client: This is the person or persons for which the Tutor agrees to provide teaching services. This will usually be the parent or guardian of a Student.
Student: The person who is to be taught by the Tutor.
The agency: refers to WISE tutors which is a business brand of GTW Consortium Ltd.
Agency fee: refers to the commission fee to WISE tutors . Tutors are required to pay this fee on or before the 5th of every month.
Matching date: This is the date which the Tutor is provided full client details in order to commence tuition
Tutoring job or assignment: This refers to each client that the Tutor is matched with through WISE tutors.
Termination: refers to tuition sessions where the client or the tutor has ended tuition and no private tuition has taken place or is expected to take place over a period of twelve months.
Suspension of tuition: refers to tuition sessions where tuition has been suspended but is expected to recommence within the next twelve months.

1. Contractual Relationship:
1.1. Wise Tutors acts as an agent on behalf of the Client and the Tutor providing introductions for Clients and Students to Tutors and vice versa.
1.2. The WISE Tutors’ terms of business form part of the Tutor’s contract with Wise Tutors and with the Client. The contract will continue from the Tutor’s acceptance of the first job offered by Wise Tutors, and will end when the Tutor has finished all teaching commitments to all Students and Clients introduced to the Tutor by Wise Tutors following either the Tutor providing notice or the Client providing notice.
1.3. In consideration for the Tutor entering into this contract and agreeing to Wise Tutors’ Guidelines for Tutors and Terms of Business, Wise Tutors will agree to offer suitable teaching jobs to the Tutor at Wise Tutors’ discretion with regard to the Tutor’s experience and qualifications. Such offers may be in writing or by telephone.
1.4. By accepting a tuition job, either by telephone, email, the Tutor will enter into a contract with Wise Tutors by which the Tutor agrees to provide teaching or tutoring services for and on behalf of Wise Tutors in accordance with Wise Tutors’ Guidelines for Tutors and Terms of Business.
1.5. Once a Tutor agrees with Wise Tutors, to accept a job and the full Client’s details are given to the Tutor by Wise Tutors, the Tutor is deemed to have entered into an agreement with Wise Tutors in accordance with these Guidelines for Tutors and Terms of Business to provide teaching to the Student, subject to the Client’s approval of the Tutor.
1.6. As an agent contracting on behalf of the Client and the Tutor, Wise Tutors will not be liable to the Tutor or any third party for any act, omission or error (whether wilful, negligent or otherwise) of the Client or the Tutor.

2. References and Disclosures:
2.1. WISE Tutors will take up at least two references for each Tutor and will need to be satisfied with the Tutor’s qualifications, suitability and ability to teach effectively before Tutors become registered with the agency.
2.2. Wise Tutors requires that Tutors submit a copy of their Disclosure or CRB to Wise Tutors.
2.3. WISE Tutors will only accept CRBs and Disclosures that are less than three years old. Tutors are removed from the tutoring register in the same month that their Disclosure expires. It is the Tutors responsibility to ensuring their enhanced CRB or Disclosure is current and up to d

3. Tuition Rates:
3.1. Tutors are informed of Tuition fees for each particular tuition job by email, on behalf of the Client, and with the Tutor, prior to commencement of a contract.
3.2. Tuition fees are normally at a standard rate and are confirmed in the emails provided to tutors prior to commencement of a contract.
3.3. The tuition rates agreed in the accepted tuition job must be maintained by the Tutor for a minimum period of one year. Following this, the tutor may maintain this rate or increase the tuition rate in line with the rate agreed by the agency.

4. Self-employment:
4.1. WISE Tutors does not employ tutors. As self-employed persons, Tutors are responsible for paying any taxes and National Insurance that may be due to HM Customs and Excise, HM inspector of taxes and the Department of Social Security. For the avoidance of doubt there is no entitlement to holiday or such pay, maternity pay, pension or any other benefits.
4.2. Tutors are liable to reimburse Wise Tutors for any income tax or NI attributable to them but which the tax authorities collect from Wise Tutors.
4.3. If tutors wish to no longer tutor through Wise Tutors, Tutors are expected to notify the agency in writing. Wise Tutors will then remove the Tutor from the database.

5. Agency fee & Late payment fees
5.1 The agency fee refers to the commission payment that must be made to the agency for all tuition fees collected from Clients.
5.2 The agency fee must be paid on or before the 5th of every subsequent month.
5.3 The agency fee is for the lifetime of all assignments where the Tutor has been matched with the client through the agency. This includes Clients that have re-commenced tuition after an initial termination or suspension period.
5.4 The tutor must deduct the agency fee from all payments received from Clients provided by the agency.
5.5 Tutors must submit time sheets for each client showing a breakdown of the number of hours worked and the payments received.
5.6 Timesheets act as proof of payment and must include all tuition sessions that have taken place within the tuition month.
5.7 Timesheets submitted must be signed and verified by the client. WISE Tutors will not accept timesheets that have not been signed by the client.
5.8 Timesheets for each client must be submitted to the agency no later than the 5th of the subsequent month.
5.9 WISE tutors reserves the right to contact Clients to verify the information provided on the timesheets.
5.10 Payment after the stated due date on invoices and payment of agency fees after the 5th of the month will automatically incur a late payment fee of £40 per week.
5.11 WISE tutors reserve the right to recover fees through a debt collection agency. Any additional fees incurred by going through the debt collection agency will be charged directly to the tutor.

6. Potential tuition jobs:
6.1. WISE tutors will match tutors with clients that have expressed that they are seeking tuition for long term tuition (at least 12 sessions)
6.2. Tutors are expected to keep the agreed time slot open for that client for an indefinite amount of time.
6.3. When informed of a potential tutoring job, Tutors will be informed of the school(s) attended by the student(s). Schoolteachers, in order to maintain confidentiality, are not to take on new tutoring jobs for Students who attend the school(s) where they teach.
6.4. In order for the Tutor to determine if the client is suitable, details of the prospective client’s location, duration of tuition sessions, number of students, frequency of tuition, subject(s) and tuition goal(s) will be provided to the tutor, prior to taking on the tuition job.
6.5. Likewise, in order for the Client to determine if the tutor is suitable, details of the Tutors teaching or graduate qualifications and experience as well as contact details, will be provided to the Client, prior to taking on the tuition job.

7. Accepted tuition jobs:
7.1. Once a Tutor has confirmed in writing that they would like to proceed with a tuition assignment and the client has accepted their proposal, the Tutor will be provided with full Client’s details. The date of receiving full client details is referred to as the matching date.
7.3. The Tutor is required to contact the Client within 24 hours of the Tutor’s receipt of the Client’s details from Wise Tutors. If the Tutor has not been able to contact the Client within this time period, the Tutor must inform Wise Tutors as soon as possible and no later than 24 hours after receiving the full Client’s details from Wise Tutors.
7.4. Once the Tutor has agreed the starting date for the tuition with the Client, the Tutor is again required to inform Wise Tutors of the starting date and the regular time slot or other arrangements agreed with the Client. This must be done by email within 24 hours of agreement with the Client.
7.5. The Tutor is obliged to keep the same weekly time slot available for each Client. The time slot may be changed by mutual agreement between the Client and the Tutor.
7.6. The Tutor is expected to make a commitment to teach each Student referred to the Tutor by Wise Tutors for at least 12 months unless the Client no longer requires that the Student be provided with tuition.

8. Initial assessment:
8.1. All tutors need to contact the Client within 24 hours of being provided with full client details.
8.2. If the Tutor ever has any difficulty in contacting the client or arranging tuition, the Tutor is expected to contact Wise Tutors and ask for their help.
8.3. During the first telephone call with the Client and before the first session, the Tutor is expected to obtain as much information as possible about the Student’s requirements. The Tutor is expected to advise the Client if any documents are to be brought to the first session (e.g. school reports, school work and/or educational psychologist report) to enable the Tutor to assess the Student, plan the tuition programme and generally provide the best possible service for the Client.
8.4. At the first session, the Tutor is expected to complete a Pupil progress planner (PPP) which is designed to facilitate communications and objective setting between Tutor and Client as well as help the Tutor to manage the Client’s expectations.
8.5. Assessment and determination of exactly how the detailed subject matter of the tuition is delivered, and the method, manner and timing of such delivery is totally the responsibility of the Tutor.

9. Client Termination:
9.1. In cases where the client chooses to terminate or suspended, the client will need to the Tutor and WISE tutors.
9.2. WISE tutors will confirm with the Client and the Tutor that tuition has been terminated or temporarily suspended.
9.3 In cases where tuition has been terminated, WISE tutors will arrange a replacement Tutor for the Client and the previous Tutor will be expected to provide a recent copy of the Pupil Progress Planner to the Client as this will aid the transition.
9.4. All timesheets will need to be sent to WISE tutors within 7 days of client termination.
9.5. All payments of commission fees will need to be made in full within 7 days of client termination.
9.9. WISE Tutors takes no responsibility for clients or tutors that cancel or terminate tuition.
9.10 Tutors must inform the agency if the tuition has recommenced after an initial termination or a suspension period.
9.11 The agency reserves the right to recover agency fees, late payment fees plus any incurred interest for up to 6 years if it is discovered that any tuition between the Tutor and Client has continued after the matching date without submission of timesheets and payment of agency fees.

10. Tutor Termination:
10.1. In some rare cases, the Tutor may choose to terminate tuition.
10.2 Tutors must provide 14 days notice to the Client and the agency for termination of tuition. This is so that the agency has adequate time to find a replacement tutor.
10.3. The Tutor will need to inform the agency as to why they have chosen to terminate tuition and the Client will be informed of the termination.
10.4. Tutors may be removed from the register if they fail to attend tuition sessions or choose to terminate tuition.
10.5. Tutors that discontinue tuition and fail to provide adequate notice to the agency will be required to make a payment of the equivalent of two weeks’ commission.

11. Child protection and safeguarding:
11.1. WISE Tutors is committed to safeguarding and promoting the welfare of children and young adults.
11.2. All registered tutors are subject to regular criminal record checks and must provide regularly updated CRBs as well as evidence to support the right to work in the UK.
11.3. The Tutor is engaged by the Client only to provide tuition and is not responsible for the Student’s safety, welfare, well-being or for the care of the Client’s house and contents during any teaching session.
11.4. Where the Student is under 18 years of age, a parent or responsible adult (in addition to the Tutor) must be on the premises at all times during the teaching session.
11.5. Tutors must read and agree to the terms in the safe guarding policy and procedures prior to accepting a tuition job.

12. Client feedback and recommendations:
12.1. WISE Tutors will contact clients from time to time to gain feedback on the Tutor.
12.2. Tutors are assessed and rated on their professionalism, quality of teaching and student progress . Feedback on exam results will only be collected from students that have been tutored consistently for more than six months.
12.3. Client feedback is used for the purpose of monitoring the quality of tutoring and professionalism of our tutors.
12.4 Client feedback may be included on Tutor profiles and on the agency website.
12.5 For data protection reasons, the Tutor’s full name will not be included on the website.
12.4. WISE Tutors reserves the right to continually collect feedback and reviews from all registered Clients without sharing this information with the tutor.
12.5. Tutors that receive negative feedback from one or more Clients may be removed from the tutoring register.

13. Data Protection, profiles and privacy:
13.1. WISE Tutors uses personal details and information for customer services, matching Clients with suitable Tutors, administration and analysis. (See paragraphs 6.4 and 6.5)
13.2. WISE Tutors may keep your information for a reasonable period for these purposes.
13.3. WISE Tutors will not pass your personal details and information to any third party without your consent.
13.4. A Tutor Profile will be published on the WISE Tutors website for all available Tutors. Your full name will not be published or featured online without your consent.

14. Removal from our register:
14.1. Cases where tutors may be removed from our register, include but is not limited to cases where a client terminates tuition, a former or current client makes a complaint about a tutor, a client gives negative feedback on the professionalism and ability of the tutor, the tutor has defaulted on payment of the commission fee or the tutor has failed to renew the statutory documents required to continue working in the UK with children and young adults.
14.2. WISE tutors reserve the right to de-register tutors that do not meet tutoring standards and expectations.
14.3. WISE Tutors reserves the right to inform current or previous clients if a tutor has been de – registered from the agency.
14.4. WISE Tutors reserves the right to withhold information as to why a Tutor has been de-registered.

15 Timesheets and Proof of Payment:
15.1. Tutors are to collect their tuition fees directly from the client.
15.2 Tutors can only charge the Client for tuition hours provided directly to the student.
15.3 Timesheets must reflect the actual time for tuition. They must include the start time and end time of tuition sessions.
15.4. The tuition fee includes any travel expenses incurred. Tutors are advised to only take on long- term tuition with Clients that are within a reasonable travel distance from where they work or live.
15.5. WISE tutors takes no responsibility for clients that fail to make payments and takes no responsibility for any disputes that arise due to non-payment for tuition sessions.
15.6. Tutors and clients are advised to prevent payment disputes by ensuring that a timesheet is filled for every lesson and collecting tuition fees at the start or end of each tuition session or a month in advance.
15.7. In cases where the Client has not been able to make payment on the date of tuition, Tutors are advised to suspend tuition for clients until full payment is made.
15.8. It is the responsibility of the tutor to keep a good record of payment. If the client requests a receipt as proof of payment, the Tutor should provide a copy of all timesheets to the Client within 14 days of the request.

16. Cancellation and re-scheduling:
16.1. WISE tutors takes no responsibility for Clients or Tutors that cancel or reschedule tuition sessions.
16.2. In the event that a Tutor needs to cancel or postpone a session due to holidays or other unavoidable schedule changes, the Tutor is required to give 24 hours notice to the Client.
16.3. The Tutor is also expected to use his/her best endeavours to try to reschedule the session, to make up for the missed week so as not to impede the Student’s progress.
16.4. WISE Tutors requires that the Client to provide Tutors with 24 hours notice of any unavoidable schedule changes.
16.5. In the event that the Client does not provide 24 hours notice of any cancellation of a tuition session, the Tutor may choose to charge the Client for any sessions cancelled at less than 24 hours notice (except in unforeseeable situations).
16.6 All fees collected from the client are subject to the 20% agency fee including cancellation fees.
16.7 Cancellation fees charged to Clients must be equivalent to no more than 1 hour of tuition based on the existing rate of tuition at the time of cancellation.
16.8 Cancellation fees must be recorded on the timesheet and a record of payment must be made.

17. Books, resources and equipment:
17.1. Purchasing of exercise books and text books is the responsibility of the Client. Tutors are to recommend suitable books so that clients may purchase their own text books and resources.
17.2. Any equipment, materials, tools or software required in order to carry out the service is entirely the responsibility of the Tutor.

18. Homework and feedback:
18.1. Tutors must provide one or two pieces of homework per week.
18.2. Tutors are to ensure that students use the homework record sheet so that Parents can monitor and supervise homework.
18.3.  Tutors must provide verbal or written feedback to the Client on pupil progress. This must be provided at least once a month.
18.4. Tutors are advised to use the pupil progress planner to plan the content for the next tuition session and maintain a record of each pupil’s progress.

19. Knowledge and Preparation
19.1. Tutors must be up to date with the relevant curriculum and syllabus requirements of any relevant examination board and qualification that the Student is working towards.

20. Profile levels and feedback
20.1 Tutors will be placed on Bronze, Silver or Gold levels depending on their qualifications, experience and feedback received.
20.2 Tutors may send links to the WISE tutors profile on their personal website or social media profiles as proof of profile level.
20.3 WISE tutors reserves the right to move Tutors to a lower level if it is discovered that the quality of tuition provided by the tutor is not up to the expected standard.

21. Location:
21.1. Wise Tutors arranges for Tutors to provide tuition in the Client’s home as specified on the email describing the potential tutoring job.
21.2. In some cases, the Client may require tuition in their office, school or within the Tutor’s home. This will be stated clearly in the potential tutoring job.
21.3. Tutors must inform WISE Tutors if the location of the tuition job changes.

22. Disputes:
22.1. WISE Tutors takes no responsibility for any disputes that arise between the client and the tutor due to cancellations, rescheduling, payments, timesheets, purchase of books and resource, homework, feedback on pupil progress or child protection issues.
22.2. WISE Tutors provides Clients and Tutors with its terms of business and safeguarding policy and procedure in order to prevent disputes that may arise between Tutors and Tutors.

23. Policies:
23.1. A Tutor’s views and opinions should not be represented as those of Wise Tutors.
23.2. Tutors are required not to make any disclosure of information about their Students or the Clients other than to the Client concerned and Wise Tutors.
23.3. Tutors are required to read and continue to adhere to WISE Tutors terms of business, safeguarding policy and procedure. WISE Tutors reserves the right to exclude any person from its Tutor register without being required to substantiate its reasons.