Terms and Conditions
The Company (EmpowerOwl Education) acts as a consultant matching The Students with The Tutors. The Student submits an online enquiry for which The Company uses to match The Student with a Tutor best suited to The Students individual needs. For more information please visit our ‘How It Works’ page.
For Tutors:
This agreement is between:
(1) The Company (EmpowerOwl Education)
(2.) The Tutor (you). The Tutor wishes to provide tuition services, in consideration for the Fees received. The Company will be acting for the Client (this maybe the student, parent or guardian, or other party) and will pay fees to the Tutor on behalf of the Client
Description of Services:
1.1 This is a Contract for Services. It is not a contract of employment
1.2 The Tutor shall be entirely self-employed and nothing in this Agreement shall constitute an employer/employee relationship.
1.3 The Company is under no obligation to provide any further paid work or unpaid work in the future.
1.4 In exchange for the agreed fee, the Tutor agrees from the date of acceptance of this Agreement until the termination hereof to be available to provide the services, at the request of the Client, at such times as are mutually convenient.
1.5 It is understood that the Tutor shall have no obligation to provide the services hereunder, nor shall the Client have any obligation to provide work for the Tutor.
1.6 It is agreed that the Tutor shall at all times perform the services to the highest standard.
In particular the Tutor shall make every effort to:
a) be punctual
b) be presentable and dressed in an appropriate and respectable manner at all times
c) be polite, diligent and helpful. Never to use profanity or sexual innuendo in front of a Client or Student, or make derogatory remarks about a Student. Any tutor who does this will be removed from team immediately
d) do all the necessary preparation for each tutoring session
e) not to cancel lessons unless absolutely necessary. It should be noted that tutors who repeatedly cancel lessons or fail to notify the Client of cancelled lessons may be removed from the Team.
1.7 If for any reason the Tutor shall be delayed due to circumstances beyond his/her control, the Tutor agrees to contact the Client to let him/her know (even if the Tutor will be as little as five minutes late). The Tutor agrees to make up this lost time where appropriate by staying longer than the allocated tuition session or by making it up in the following session. The Tutor will let the student know atleast 24hours before the lesson if it is due to be cancelled. Cancelled lessons are to be made-up by the tutor. If they are not made-up then pre-payment for that lesson will be refunded.
1.8 The Tutor must keep the Client informed of any issues or problems with each Student taught, as and when they develop.
1.9 The Tutor agrees to give weekly homework and monthly progress reports to the Client
1.10 The Tutor agrees, so far as is reasonable, to be in ready contact by email and telephone with the Client to enable the Client to inform him/her of possible hours of Tuition and of any cancellations.
1.11 The Tutor agrees that once s/he has accepted a placement then the Tutor is committed to the specified times and dates.
1.12 The Tutor shall, at the request of the Client, provide any information as to the Student’s performance.
1.13 The Tutor shall keep an up-to-date record and schedule of all hours worked, and regarding the Student’s academic performance or exam success.
Cancellation
| The Company |
2.1 The Tutor accepts that The Company is providing an introductory role for the Client in which The Company:
a) negotiates with the Tutor on the Client’s behalf to agree the terms on which the Tutor will provide Services
b) requests feedback from the Tutor to ensure the best Tuition.
c) deals with the administration of the Client’s payment of the Fee to the Tutor; and
d) provides general liaison services on behalf of the Client as between the Client and the Tutor
2.2 The Tutor accepts that in providing the services described above The Company is acting as the agent of the Client and therefore the Tutor will accept all requests, instructions and communications from The Company that are made on behalf of the Client as if they came from the Client directly.
2.3 The Tutor also accepts that the Tutor has no direct contractual relationship with The Company and therefore:
a) The Company has no contractual obligations or liability to the Tutor; and
b) The Company is not acting as an agent for the Tutor.
| Payment and Cancellation Policy |
3.1 The Company charges The Client a fixed fee for which a small commission is taken out of. For Hourly Tutorials it is agreed that the Tutor shall be paid the Hourly Rate agreed upon for each hour of Services provided.
3.2 For Hourly Tutorials, it is agreed that the Client may elect to change tutors after the first FREE lesson if in the reasonable opinion of the Client or Student the Tutor is unsuitable. The Tutor may also elect to decline further lessons at this stage if in the reasonable opinion of the Tutor the Client’s requests are unreasonable.
3.3 The Company will pay the Tutor the agreed rate at the end of each calendar month provided all tutoring hours have been appropriately logged in and sent to The Company and none of these hours have been challenged by the Client.
3.4 The Company strongly advises Tutors to take a timesheet or diary to every tuition session. Alternately, especially for online sessions, the Tutor may choose to record the session with the student’s permission. The Company strongly advises that the Tutor keep a copy of proof of lessons to avoid any potential misunderstanding or dispute with a Client.
3.5 It is agreed that all payment arrangements between the Client and the Tutor shall be handled by The Company
3.6 The Company shall not approach the Client directly in relation to payment matters.
3.7 The Tutor agrees that if payment is made directly between themselves and any Client(s), whether they be current or former Client(s), then any outstanding payments will be withheld from the Tutor by The Company and full monies owing to The Company will be pursued in full of the Tutor. The Tutor shall be severally liable for any costs incurred by The Company in this regard.
3.8 The Tutor shall be responsible for all travel expenses. If the tutor wishes to be recompensed for travel expenses by the Client, then The Company will undertake discussions with the Client to that end but cannot guarantee such expenses (Not apply for Online Tuition).
3.9 The Tutor acknowledges that s/he is responsible for payment of all taxes, national insurance, and social security contributions due in respect of payments to be made under this Agreement and that s/he shall fully indemnify and hold the Client and The Company are harmless in this regard.
3.10 The Tutor acknowledges that s/he is in no way covered by the Client or The Company in any matter(s) of insurance and will take out, should s/he deem appropriate, his/her own insurance policy in respect of any personal and/or third-party claims. The Company strongly recommends that the Tutor takes out adequate insurance.
3.11 The Company will advise the Tutor if a Client has not paid and is in arrears with their account. In this case, The Company recommends that the Tutor does not deliver the tutoring session until The Company confirms payment by the Client. If the Tutor decides to go ahead with the tutorial knowing that the Client has not paid for previous sessions, the risk of non-payment rests solely with the Tutor. If The Company is unable to secure payment for that session The Company is not liable for the Tutor’s fee. The Company has a clear payment policy for Clients and will pursue for monies owing.
| Tutor Declaration |
4.1 The Tutor warrants that all information given to the Client (via The Company or otherwise) whether prior to or during the provision of tuition is true and accurate in all respects. The Tutor has represented that s/he is skilled to teach the subjects as per the Curriculum Vitae provided to the Company and by provision of qualification certificates. Any breach of this clause shall entitle the Client to terminate the Tutor’s Services immediately.
The
| Termination of Agreement |
5.1 Both parties appreciate the importance of a good understanding and trust between the Tutor and the Student. Accordingly, if the Client is, in his/her reasonable opinion, not happy with the Tutor the Client must notify the Tutor and The Company of its dissatisfaction in writing. This Agreement shall then terminate with immediate effect and there will be no further charges or payments due to the Tutor. If the Tutor, in her/his reasonable opinion, is unhappy with Client and/or Student behaviour they must inform The Company and The Company may terminate the contract with the Client or find an alternate Tutor.
5.2 The Tutor hereby agrees that The Company may terminate this Agreement with immediate effect:
a) if the Tutor commits a serious or material breach of any of his or her obligations
b) if the Tutor repeatedly commits minor breaches of obligations under this Agreement
c) if the Tutor acts in such a way so as to discredit The Company and his company
d) if the Tutor shall have been found guilty of any criminal offence (other than any offence not involving a custodial or suspended custodial sentence under the Road Traffic Act).
e) Breach of conditions under section 1.6 above especially 6.1.C and 6.1.E
5.3 In the event of termination of this Agreement further to any of clauses 7.3 above, the Tutor acknowledges that s/he will be liable for any costs or expenses directly or indirectly incurred, any liability or damages faced by the Client, and any action taken by the Client in this regard.
5.4 The Tutor may terminate this agreement at any time with the provision of 1 month written notice.
| Tutor Declaration |
6.1 The Tutor agrees at all times during and after his/her provision of the Services not to disclose to others any confidential information or knowledge pertaining to the business affairs and operations of The Company , including but not limited to trade know-how, trade secrets, client lists, information about other tutor(s), information about any Client(s) and their family/s, pricing policies, operational methods, marketing plans or strategies, future plans, and business acquisition and/or expansion plans. This clause is subject to the proviso, however, that any disclosure compelled by law or legal process does not constitute a breach or violation of this clause, and neither shall any information be deemed confidential or secret for purposes of this Agreement if it is generally known in the industry.
6.2 The Tutor agrees at all times during and after her/his provision of services to maintain discretion regarding the Student, Client, their home or family.
| Data Protection |
7.1 The Company will use the information provided by the Tutor to deal with the administration of the Services and to assist in placing the Tutor with other suitable Students. The Company may disclose the Tutor’s information for this purpose to other Clients. Tutor information will not be shared with any outside agency.
7.2 The Company may use the information and profile image provided by the Tutor to advertise services and to attract Clients to the Tutor. At our discretion we may use references and client testimonials. No personal contact details or full names will be used and CVs will not be shared.
| Contractual Relationship |
The Company acts as an agent on behalf of the Client and the Tutor providing introductions for clients and students to tutors and vice versa. It also collects fees from the Client on behalf of the Tutor, together with its own fee and VAT which are payable solely by the Client. Tutors do not collect fees. The Company is responsible for pursuit of late payments from clients.
Tutors are free to provide tuition to students or clients not introduced to the Tutor by The Company. Tutors must not make private arrangements with clients or students introduced by The Company as this could put the Client in a breach of contract situation with The Company where he or she is liable to pay a fee. If a tutor makes a private arrangement with a client, The Company will remove the Tutor from our register and not provide any further assignments. In the case where clients or students introduced by The Company refer tutors to other clients or students, including friends and siblings, Tutors may only provide tuition to these clients or students if they do so through The Company. In the event where tutors provide tuition to a student or client introduced by The Company and where this student or client is also registered with another agency, the Tutor is not permitted to invoice another agency for payment for this client in lieu of The Company, where The Company is the agency which introduced the Client or Student to the Tutor. Clients are prohibited by contract by entering into private agreements with tutors introduced by The Company and the Company or referring tutors to other clients or students.
Tutors must not bill or invoice clients directly or accept payments from clients or students introduced by The Company.
For Clients :
Fees payable to EmpowerOwl Education
Fees shall be calculated at the rate agreed upon of tutoring unless stated otherwise. EmpowerOwl Education may adjust their fees at any time and will provide the Student with 7 days written notice in such cases.
Terms of Payment
Payment shall be made by direct debit either monthly or weekly through Go Cardless Ltd.
Any dealings with payment, administration and general services will be made through The Company and not The Tutor.
Lesson Schedule
Tutoring shall commence on the agreed upon date and continue thereafter at the fixed times and days. This can be subject to change. If The Student wishes to change timings and days then a notice of atleast 1 week needs to be given and The Tutor wishes to change timings and days then they will provide a notice of atleast 1 week.
CANCELLATION POLICY
The Student may cancel tuition by giving at least 24 hours prior notice to the Tutor in which case no tuition fees will be incurred. Lessons not attended by the student without giving 24 hours prior notice to the Tutor shall be charged at the full rate.
The Tutor may cancel lessons by giving 24 hours prior notice to the Student in which case no fees shall be incurred. Where a lesson was pre-paid, the Tutor shall reschedule the appointment at a time agreeable to both parties, failing which the Student shall be refunded for that missed lesson.
Student Satisfaction Policy
When The Student has prepaid for a course of tuition, and The Student is not satisfied with a particular Tutor or if a Tutor must stop tuition mid-course due to unforeseeable circumstances, The Company will endeavour to find a replacement Tutor. If a replacement cannot be found of the level and subject required by the Client, then The Company will refund the balance of the course fees paid by the client representing the number of pre-paid sessions for which the client does not receive tuition.
Obligations of the Student
The Student agrees to attend all scheduled lessons on time and be pro-active in making suggestions about their own education.
The Student agrees to complete any homework or classwork assignments set by the Tutor in a timely manner as agreed prior to the task being set.
The Student will not approach The Tutor directly in relation to payment.
Any referrals will be discussed and delivered to The Company and not The Tutor.
No private arrangement to be made with The Tutor
The Student or Parent/Guardian agree to pay the agreed amount on the agreed times.
The Student agrees that The Company does not act as an Agent for The Tutor and although all Tutors are vetted appropriately, The Company does not carry any liability if The Tutor breaches his/her obligations and contract.
Freezing Tutoring Contract
If you would like to freeze your tutoring contract, then you must give atleast a 1 weeks notice to The Company with a valid reason for why you would like to temporarily freeze your contract.
Termination of Tutoring Contract
This tutoring contract can be terminated by Tutor, Student or Parent/Guardian with at least a 1 weeks’ notice before the next lesson with valid reason and there will be no charge/fine as long as a full weeks’ notice is given. Any funds given for future lessons will be refunded.
