Terms and Conditions
These arrangements are understood and agreed by both parties:
Tutors
A contract between you (the Tutor) and the Client (the student and/or the student’s parent/guardian) is entered into once a tutoring position has been confirmed.
Clients
A contract between you (the Client) (the student and/or the student’s parent/guardian) and the Tutor is entered into once you complete payment, arrange a tutorial with a Tutor introduced to you by Eden Tutors, or you return a completed acknowledgement form, whichever occurs first.
Note
Eden Tutors acts as an agent on behalf of both the Tutor and the Client. Eden Tutors matches a Client to an appropriate Tutor for a specific tutoring assignment. The Tutor is responsible for the content of lessons and the teaching methods.
Collection of Information
During the registration process, Eden Tutors collect detailed information about the Client and Student. This will help Eden Tutors to create an Assignment Brief. We ask for detailed information relating to the Student’s details, tuition requirements, educational background, interests and qualifications. This better equips us to match the Student to the most suitable Tutor. Using this information, we build a profile that will be available for potential Tutors to view. This includes information relating to the Student’s educational background and tuition requirements amongst a profile sent to prospective Tutors for review.
The Company retain data securely within the TutorCruncher database. TutorCruncher is our Data Processor, and is GDPR Compliant. Any other information is held in a secure and protected environment with authorised access only and is compliant with Data Protection Regulations. We may keep details of your bank account allowing payments to be taken for tuition undertaken. The Client and/or Tutor decrees that all documentation and information provided to the Company shall be true and correct.
Registration Fee
Eden Tutors charge a registration fee. Full payment must be received before the commencement of services to the Client.
Provision of Learning Material
It is the responsibility of the Tutor to coordinate the Student’s Tuition and in doing so may, periodically, request background information from the Client which may prove necessary. The supply of stationary and text books will remain the responsibility of the Client.
The Use of Eden Tutors Website
When utilising our website, you willingly accept and agree to adhere to the Eden Tutors’ Code of Practice and should desist from using if you disagree in any way. The intellectual property rights and all media information presented on the Eden Tutors’ website is wholly owned by Eden Tutors LLP unless otherwise stated. All rights are therefore reserved.
The following terms prescribe the usage of the Eden Tutors LLP website:
a) It is the Tutor and Client’s responsibility to ensure that products, services and information sought through the Eden Tutors website is unequivocally suited to their requirements. Eden Tutors accepts no responsibility should their services fail to meet expectations.
b) All materials provided through the Eden Tutors’ website are owned by Eden Tutors LLP and reproduction in any form, unless express permission is given is strictly forbidden, and that any permission granted complies with the copyright notice included in the Code of Practice. Third party content is subject to the laws of copyright. Formal consent from Eden Tutors is required to activate links between this website and any other website. Website links that are displayed on Eden Tutors website are for Clients use but does not infer that Eden Tutors sanctions the content of these websites nor does Eden Tutors guarantee the content published on these websites.
c) Eden Tutors provides no guarantee that the content on their website is accurate. Eden Tutors offers no guarantee relating to the suitability of the content presented on their website or any documents assembled therein. The users of the website should be aware that details provided by Eden Tutors might be conflicting and that Eden Tutors preclude liability for any errors to the fullest extent allowable.
d) Any disputes arising when using this website are subject to the laws of England, Scotland and Wales.
Code of Practice
Eden Tutors reserve the right to change their Code of Practice without
notice. Any changes will be published in writing but can the implemented with immediate effect. This Code of Practice is the conclusive agreement between Eden Tutors, it’s Clients and Tutors. No other Code of Practice or Terms of Engagement can be consented to by any party unless Eden Tutors provides formal written consent. By agreeing to participate or avail oneself of the services of Eden Tutors, Clients and Tutors are deemed to be in agreement with this Code of Practice.
Introductions
All Tutors introduced through Eden Tutors are fully qualified and experienced with either or any combination of teaching accreditations, university degrees or professional diplomas. Tutors will predominantly stem from an academic teaching background but in order to offer tuition in other areas of business, commerce or technology, Tutors may utilise experience gained through training organisations or other areas of expertise. The Eden Tutors selection process includes taking up professional references in respect of Tutors and checks with the DBS. It is understood that Eden Tutors will establish initial contact with the Tutor and the Client and will henceforth act as an agent on their behalf. The Tutor will at this time make contact with the Client.
The Tuition Course
One of the principal benefits of private tuition is the ability of the Tutors to adapt their teaching methods to the individual requirements of the Student as there is no one formula adopted for private tuition, an advantage that cannot be achieved in a generalised classroom setting. Each Student is treated as an individual and as such both Tutor and Student, together, will develop the most appropriate method of tuition after analysing the background information provided at the commencement of the tuition sessions. To achieve maximum effectiveness, it is desirable for tuition to be conducted in quiet surroundings where concentration can be intensified. A tuition period is normally composed of one hour sessions but the duration can be modified if felt beneficial by the Client and Tutor.
The amount of tuition a Student requires can be difficult to ascertain at the commencement of the tutoring programme and Eden Tutors along with recommendations from the Tutor may advise upon an alternative schedule that best suits the needs of your child. Private tuition can be adopted for a number of reasons, an exam refresher, an ongoing annual companion to school education or simply a confidence booster for future exams, what it isn’t, is a quick fix. It takes time and belief in the building of rapport between Tutor and Student, a situation that won’t develop overnight. In commissioning Eden Tutors, you can be assured that every effort will be made to match your child with the most suitable Tutor to achieve the expected outcome. However, for reasons no one can explain, there may be a compatibility issue which disrupts the progress of the Student’s learning, if this situation arises we will use our best efforts to seek a replacement Tutor at the earliest opportunity.
Online Tuition
Online Tuition or Live Remote Tuition can be used to either supplement or as a companion to face-to-face learning. Tutor and Student will use live video/audio internet communication using a platform that enables Tutor and Student to hear and see one another as well as using an interactive whiteboard. It is up to the both parties to decide which combinations of media best suits their preferences and achieves the Student’s desired goals.
Fees and Payment
Eden Tutors will agree all fees before commencement of Tutoring with the Tutor and Client. The Tutor will submit completed lessons, with a lesson report, to Eden Tutors via TutorCruncher for the lessons undertaken with the Student. Clients will have access to lesson reports via their TutorCruncher portal.
Eden Tutors manages the payment of all Tutors. Under no circumstances should Tutors be paid directly. Notwithstanding pre-payments, the Client will be invoiced at the end of each month for that month’s tuition. The Client must then ensure that the payment is remitted to Eden Tutors within seven days from the date of the invoice. Clientscan pay invoices via card by using the secure email link provided. Clients can also pay invoices by simply logging in to their TutorCruncher portal. Having logged in, navigate to the ‘Invoices’ tab, click on an ‘Unpaid’ invoice, and click ‘Pay with card’.
Invoices will fall due and should be paid a maximum of seven days from the date of invoice. Outstanding invoices may be subject to an administration charge in addition to a charge of £15 per reminder letter plus interest charges, in favour of Eden Tutors, at a rate of 8% per annum above Bank of England base lending rates and will accrue, regardless of any court action, until the debt is discharged. Eden Tutors will send the first reminder letter fourteen days following the date the invoice was due for payment.
Eden Tutors reserves the right to request and hold the Client’s credit or debit card details. Any card information that the Client supplies will be stored securely, but may be charged in the event of late or non-payment. It is understood that Eden Tutors reserves the right to take such payments for invoices from any payment card that may held from the Client. The Company’s standard practise is to forward invoices by e-mail, should a Client prefer paper invoices these will be subject to an administration charge.
Non-Solicitation and Private Arrangements
Eden Tutors’ terms and conditions do not permit, in any circumstances, the Client to enter into a private arrangement with any Tutor that was introduced by Eden Tutors. Nor may the Client or Tutor recommend a private arrangement to any persons known to them. In this event, the Client or Tutor should presume that Eden Tutors will obtain an injunction against them to curtail any further breaches. Should you breach this obligation, you will be liable to pay the commission in question to Eden Tutors amounting to that lost be Eden Tutors without reductions. This may include Eden Tutors taking legal action.
Independent Audits
The Company may, within normal business hours and with reasonable notice, audit the Tutor to validate the Tutors adherence of the Terms and Conditions and you agree not to impede any inspection of the Tutors documentation or Tutoring records in so far that it pertains to the audit. All reasonable cooperation shall be afforded to the Company by the Client and Tutor with respect to the investigation and copying of the Tutor’s recorded documentation as it relates to the audit.
Payments
Eden Tutors’ fees are absolute and no deviation can be considered without written permission. Eden Tutors will agree the fees with Tutor and Client before commencement of the first Tutoring session, these will include the commission and registration fee that the Client has agreed to pay Eden Tutors in respect of Tutoring Services.
Eden Tutors will endeavour to invoice the Client monthly, on behalf of and as an agent for the Tutor. Invoices are sent out at the beginning of each month for the previous month’s completed tutorials. The monthly Client invoices are based upon completed tutorial hours agreed between Client and Tutor, and recorded on TutorCruncher by the Tutor. The invoice is generated from the completed hours submitted by the Tutor. This acts as a formal record of the lesson for payment purposes and in the event of a dispute. If completed lessons are not recorded, the payment to the Tutor may be delayed. The Company’s rights are reserved to inspect, at any time, any communications made between the Tutor and the Client.
It is incumbent upon the Tutor that their hours are logged and up to date. Clients are responsible for checking their TutorCruncher calendar to ensure lessons have been correctly logged. Payment to Tutors cannot be made without this information being submitted on TutorCruncher to Eden Tutors. This will forestall any problems or issues the Client may have before the debts are discharged. The Client and Tutor must refrain from entering into financial discussions, if such discussions ensue, you must immediately and respectfully refer the matter to Eden Tutors offices.
The Tutor is never paid directly by the Client, Eden Tutors acts as an intermediary for the Tutor who will receive payment directly from Eden Tutors in the preferred method that they choose and is agreed by both parties. Any infringement of this procedure will be immediately actionable through the Courts.
Expenses
The Client must agree and notify Eden Tutors of any extra expenses for the benefit of the Tutor before any tuition takes place. Any expenses incurred must be agreed in writing with the Client prior to each tutoring session. Any expense must be authorised by Eden Tutors. All expenses must be logged in TutorCruncher by the Tutor and receipts for everything paid for by the Tutor must be kept as proof. No expenses that are not agreed with the Client will be repaid.
Duty of Care
It is a requirement by Eden Tutors that a responsible adult or guardian over the age of 18 be in attendance on the premises at all times during each Tutoring session with any Student under the age of 18. A Tutor’s priority and responsibility is to teach the Student and cannot be held responsible for caring for minors, guarding a house or household effects. As a contracting agent on behalf of the Tutor, Eden Tutors will accept no liability to any party for any act, omission or error, whether intentional, negligent or in any respect that has been occasioned by the Tutor.
Right to Terminate
If it is considered that Tutoring is being delivered under circumstances not beneficial to the Student’s wellbeing or success or there are breaches to the terms in this Agreement, the Company reserves the right to terminate the Agreement at any time. This also includes where an environment is considered to be unsafe, where unjustified expectations are apportioned to the Tutor or an attempt to compromise the integrity of the Tutor by the Client or should the Client be dissatisfied with the performance of the Tutoring, wishes to cancel the Agreement. Under such circumstances the Company shall accept no liability for any losses incurred as a result of any such termination.
Attendance
There can be significant preparation undertaken by the Tutor prior to each tuition session, including travel and ancillary costs. Consequently, the minimum charge for attending each session is the hourly rate of charge related to that Tutor.
Sickness and Holidays
The Client and Tutor individually should notify each other, in advance, of any leave commitments they may have and any adjustments to the Tuition schedule necessitated through illness. Both Client and Tutor will do their upmost to rearrange a date for cancelled tuition. Failure by the Client to notify the Tutor where the Tutor has made them-self available for a session, or where the Client has failed to give at least 24 hours notification of cancellation to the Tutor (except in unforeseeable situations), will result in the Minimum Fee, being the contractual hourly rate, being charged.
Cancellation
Both Client and the Tutor must inform each other in advance, as well as notifying Eden Tutors, if there are any changes to the schedule that has been planned for Tutoring sessions. A 24-hour cancellation policy prevails and Eden Tutors reserve the right to charge the Client, in full, if a lesson is cancelled at short notice, or if a lesson is missed (except in unforeseeable situations). Additionally, the Tutor will be in breach of the Terms and Conditions if they do not follow the 24-hour cancellation policy without good reason.
Cancellation Policy
The Client is entitled to a ‘cooling off’ period of eight days to cancel the contract following the introduction of a Tutor or your acceptance of these Terms of Business. Notwithstanding, if a Tutor or Eden Tutors are commissioned to proceed with Tuition due to commence before completion of this cooling off period, no refund of registration fee will be permitted. Should the Client wish to terminate the contract before conclusion of the agreed Tuition period then the Client is required to give to Eden Tutors a minimum of seven days notice (Termination Period).
Lateness
Should the student be late for a session, it is expected that the Tutor will wait up to 15 minutes whilst attempting to contact the client. Should the Client not respond to the contact or not arrive for the session within 15 minutes of the agreed session start, the Tutor can abandon the session and it will be treated as a cancellation in accordance with the terms stated.
Should the student arrive within 15 minutes of the arranged session start time, the Tutor will teach until the expiry of the original agreed session time. Should the Tutor not be able to make up the time lost, the session will be invoiced as if it had been completed in its entirety. The Tutor may be willing to make up the lost session time at their total discretion, but will not charge for this additional time. Should contact with the Client be established within the waiting time and the student arrives for the session before the original completion time of that session, the Tutor will teach until the agreed expiry of that session and invoice as if the session had been completed in its entirety. If it is obvious, and agreed by both parties, that the time available would be too short to be viable, the session will be viewed as a cancellation and be subject to those terms. The Tutor may, at their discretion, volunteer to stay over and above the original completion time and they may charge for this additional time, however they may not charge for the original waiting time.
Should contact with the client be established during the 15-minute waiting time and the Client communicates that they will not arrive before the completion of the agreed session schedule, it will be at the Tutor’s sole discretion whether or not they have the available time to undertake the session. Should the Tutor agree to commence with the session, the session will be invoiced for the entirety of the teaching time, but may not charge for the original waiting time.
Damages and Liability
Eden Tutors accepts no liability for any claims made by the Client that is associated with any tutoring sessions undertaken by a Tutor that they have introduced. The Tutor also underwrites to indemnify Eden Tutors without limit, in respect of any of these claims. We interview all Tutors carefully and collect references, however, they are not employed by Eden Tutors. It is the Client’s responsibility to ensure that adequate adult supervision is in place during tutorials.
Data Protection and Privacy
The information stored relating to Clients and Tutors is solely for the use of Eden Tutors for the services that it provides. When Clients provide Eden Tutors with data, they are consenting to Eden Tutors using this information to arrange introductions to Tutors and being able to contact them. Eden Tutors will also use this information for payment purposes, the recording of Client satisfaction, regulatory obligations, best practice and to advise Clients of promotions which may be of value. The Company retain data securely on the TutorCruncher database. Tutorcruncher is our Data Processor and is GDPR compliant. Any other data is stored in a secure and protected environment with authorised access only and is compliant with Data Protection Regulations.
Information held by Eden Tutors will be used to effect invoicing and communicate information to the Tutor regarding Student progress, Tutorials and such marketing information that Eden Tutors feel may be beneficial to the Client. It is your prerogative to opt out and unsubscribe to this communication at any time, but please be aware this may impact upon the services we could offer to you.
All parties will adhere to the terms determined by Data Protection Legislation and of this Agreement when processing personal information in connection with the provision of Tutoring Services.
Access Request
All Clients and Tutors have the right to request details of the data held by Eden Tutors who will aim to respond within 30 days by emailing info@eden-tutors.co.uk. All Client/Tutor data will be kept no longer than it is necessary for the purpose for which the personal data is processed, or until requested to be deleted by a Client/Tutor.
Confidentiality
The Client and Tutor are in agreement that they must not at any time within the duration of this agreement, or for a period of five years following the termination of this agreement, disclose to any person or organisation any confidential information that relates to the affairs, Clients, business or academic contacts of Eden Tutors. The only exception being disclosure under the rule of law to government or regulatory authority. No Eden Tutors’ confidential data must be utilised to the detriment of Eden Tutors or for anything that does not directly relate to your obligations to this agreement.
Prepayment Agreement
Multiple session tuition courses delivered to the Client by means of a Prepayment Agreement constitute a commitment to pay for the duration of the agreed course. Upon payment being discharged and the course commencing, no refunds will be due to the Client for any tuition not undertaken or sessions not completed by the last date by which the course was due to conclude.
Course Disruption
If Eden Tutors terminates the Assignment, any hours not used will be refunded to the Client. Where a Client has paid for a course of tuition in advance, and the Client is dissatisfied, on reasonable grounds, with a Tutor or if alternatively, a Tutor must temporarily or permanently, suspend tuition of a course due to unforeseeable circumstances, Eden Tutors will make every effort to replace the Tutor at the earliest opportunity, subject to availability, and with the least disruption to the Student’s progress. If a replacement cannot be sought to the level required by the Client, then Eden Tutors will reimburse the balance of the course fees paid to the value of which the Client does not receive tuition.
Tuition Stopped by Client
It is essential that the Client gives at least a week’s notice of termination of tuition so that the Tutor may conclude their tuition with the Student in an appropriate manner and that the Tutor might rearrange their own commitments. Notice may be given either by post or email and if posted, will be regarded as being received by Eden Tutors three days after the date of posting. This cancellation provision is applicable after tuition sessions have commenced.
Anti Bribery
It is understood that the Company shall not countenance bribery or corruption in any guise in relation to the management of its business. It isunderstood and incumbent upon the Client and Tutor to abide by all laws and statutes laid out in the Bribery Act 2010. The Client and Tutor must not engage in any illegal or criminal activity, practice or conduct which would constitute an offence under the laws of England, Scotland and Wales.
Copyright Notice
The user must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right.
General
It is understood that the Tutor is a self-employed agent and not an employee of Eden Tutors and as such is engaged by the Client to provide Tutoring Services to the Student. The Tutor therefore, by definition, does not have the authority to make a commitment on behalf of Eden Tutors in any way.
Approval
Acceptance of our services will be taken to represent agreement to these Terms and Conditions. Eden Tutors reserves the right to alter these Terms and Conditions. For any alterations or variations of these Terms and Conditions to be valid, they must first be approved by a Partner of Eden Tutors.