CONSULTANCY AGREEMENT FOR TUTORS

The terms of our agreement concerning the provision of your consultancy services, as Tutor (You), to Teachers To Your Home (Client).

  1. Terms

    You shall provide your tutoring services directly to the Customers of Teachers To Your Home (Client) from the date agreed between You and Your Customer until You or the Customer terminate the arrangement. You accept the Teachers To Your Home (Client) is only your disclosed agent and that the Teachers To Your Home (Client) does not provide any tutoring service to the Customer.

  2. Duties

    1. You shall use your best endeavours to promote the interests of the Client and, unless prevented by ill health or accident, carrying out the following services (Services) for the Customer: Deliver academic tuition to children or/and adults (Tutee) as agreed in the job brief between yourself and Customer.

    2. Where the Tutee is a child, the academic tuition should be carried out in their home in a supervised setting with a parent(s) or guardian(s) present, to ensure child safeguarding unless agreed otherwise by the Customer.

    3. If you are unable to provide the Services due to illness or injury you shall notify the Customer as soon as reasonably practicable.

    4. You must comply with our policies on social media and anti-harassment and bullying. Copies of these policies can be obtained from Mrs Gill Dixon.

    5. With our prior written approval, you may appoint a suitably qualified Substitute to perform the Services on your behalf, provided that the substitute shall be required to enter into direct undertakings with the Customer, including with regard to confidentiality. The fees which you would have obtained pursuant to clause 3 (fees and expenses) will instead be paid directly to them by the Customer. For the avoidance of doubt, you will continue to be subject to all duties and obligations under this agreement for the duration of the appointment of the substitute.

    6. If a Substitute is appointed, the provisions relating to sub-processor obligations under clause 5 will apply.

    7. You shall ensure that you are available on reasonable notice to provide such assistance or information as the Customer may require.

    8. You must not engage in any activity, practice or conduct which would constitute either a UK tax evasion facilitation offence or a foreign tax evasion facilitation offence under the Criminal Finances Act 2017. Failure to do so may result in the immediate termination of this agreement.

    9. If you are disqualified or subject to disciplinary action in external employment in relation to providing education services you shall notify Mrs Gill Dixon immediately.

    10. If you are disqualified or subject to on-going disciplinary action, suspended in external employment, or/and fail to renew your DBS certificate we shall reserve the right to terminate this agreement with no notice.

  3. Fees and Expenses

    1. As you are supplying your services directly to the Customer, the Customer will directly pay you a fee. Further details relating to these fees can be found on the following website: www.teacherstoyourhome.co.uk. The Client charges a commission at approximately 16%, which covers VAT, Stripe (payment) fees, marketing, technology, and operational costs.

    2. You shall submit invoices to the Customer via the Client’s system in order to receive these fees.

    3. You will agree to your own travel costs and resources for teaching the lesson beforehand. These costs will not be paid by the Client or the Customer.

    4. If the Customer requests any additional resources (including textbooks, software, specialist equipment), this will be discussed and agreed between you and the Customer. The Customer is liable for these costs and they will not be paid by the Client.

    5. You shall provide the Customer with timesheets at the end of each calendar month for approval. The timesheet should include accurate details of the lesson taught by you and the tuition fees due.

    6. In the rare case that there is a failed payment for the first lesson, the Client will attempt to resolve the issue with you and the Customer. If it cannot be resolved, the Client will pay you for that first lesson. For any subsequent lessons, the Client reserves the right to pay you, as a gesture of goodwill, for any lessons for which there has been a failed payment. This right is entirely at the discretion of the Client.

  4. Confidential information and Client property

    1. You shall not use or disclose to any person any confidential information about the business or affairs of the Client or any of its business contacts, or about any other confidential matters which may come to your knowledge in the course of providing the Services. For the purposes of this clause 4, confidential information means any information or matter which is not in the public domain and which relates to the affairs of the Client or any of its business contacts.

    2. The restriction in clause 4.1 does not apply to:

      1. any use or disclosure authorised by the Client or as required by law; or
      2. any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
    3. All documents, manuals, hardware and software provided for your use by the Client, and any data or documents (including copies) produced, maintained or stored on the Client's computer systems or other electronic equipment remain the property of the Client.

  5. Data Protection

    1. The Client will collect and process information relating to you in accordance with the Teachers To Your Home’s Privacy Policy which can be found here.

    2. For the purposes of this clause, Data Protection Legislation includes the General Data Protection Regulation (EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation relating to data protection and privacy, as amended or updated from time to time, in the UK, as well as any successor legislation to the GDPR and Data Protection Act 2018.

    3. You shall, in relation to any Personal Data of the Customer or Tutee (as defined in applicable Data Protection Legislation) processed by You:

      1. Process that Personal Data only on written instructions of the Customer or Tutee and only in accordance with applicable Data Protection Legislation

      2. Keep the Personal Data confidential

      3. Comply with the Client's reasonable instructions with respect to processing such Personal Data

      4. Assist the Client responding to any data subject access request and to ensure compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, privacy impact assessments and consultations with supervisory authorities or regulators.

      5. Notify the Client without undue delay on becoming aware of a Personal Data breach in respect of the Customer or Tutee’s Personal data or communication which relates to your or the Client's compliance with the Data Protection Legislation

      6. At the written request of the Customer or Tutee, delete or return Personal Data and any copies thereof to the Customer or Tutee on termination of this agreement unless required by the Data Protection Legislation to store the Personal Data.

    4. You shall have personal liability for and shall indemnify the Client for any loss, liability, costs (including legal costs), damages, or expenses resulting from any breach by you or a substitute engaged by you of the Data Protection Legislation, and shall maintain in force full and comprehensive insurance policies to cover such liability.

  6. Insurance and liability

    You shall have personal liability for and shall indemnify the Client for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by you, or any Substitute engaged under this agreement, of the terms of this agreement, including any negligent or reckless act, omission or default in the provision of the Services and should maintain in force during the period of this agreement adequate insurance cover with reputable insurers acceptable to the Client.

  7. Cancellation and Termination

    We recommend that you give “reasonable” notice if a lesson needs to be cancelled. We also recommend the same “reasonableness” if the Customer needs to cancel at the last minute.

    To do this, we encourage that both parties discuss and agree what is reasonable notice for them in the initial meeting. We also recommend agreeing a clear process for communicating any last-minute cancellations, e.g. sending a text or phone call etc.

    Our suggested cancellation guidelines are:

    • - Up to 24 hours before – no charge
    • - 24-1 hour before – 50% of the lesson
    • - Less than 1 hour before or no-show - 100% of the lesson

    There may be extenuating circumstances e.g. last minute illness, or car accidents, which may override this.

    If you wish to terminate the tuition, you may do so, at any time, by giving reasonable notice directly to your Customer, which could be in person, by e-mail or telephone.

  8. Status

    1. You will be self-employed independent contractor and nothing in this agreement shall render you an employee, worker, agent or partner of the Client and you shall not hold yourself out as such. You accept that you are engaged directly by the Customer to provide the tutoring services directly to them.

    2. All tutoring opportunities introduced to you by the Client must remain with Teachers To Your Home. This means that any tutoring hours must be billed through Our Systems, at our agreed rates. By registering your interest in a role you agree to this clause. Any teacher breaking this clause will be immediately banned from Our Systems. Teachers To Your Home actively monitors this policy through client follow-up calls and secret shoppers.

    3. You will have no entitlement to holiday pay or sick pay.

    4. You shall be fully responsible for and indemnify the Client against any liability, assessment or claim for:

      1. taxation whatsoever arising from or made in connection with the performance of the Services, where such recovery is not prohibited by law; and

      2. any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you or any substitute against the Client arising out of or in connection with the provision of the Services, except where such claim is as a result of any act or omission of the Client.

  9. Variation

    This agreement may only be varied by a document signed by both you and the Client.

  10. Third party rights

    The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no person other than you and the Client shall have any rights under it.

  11. Governing law

    This agreement 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 and Wales.

  12. Jurisdiction

    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).

    You will be asked to read and accept these conditions before you are able to provide your Services to Customers of the Client Teachers To Your Home.

Contact Us

Please note that these Terms and Conditions may change from time to time, but We will always endeavour to provide You with notice if they do change. These Terms and Conditions were last updated on: 01 August 2021

Teachers To Your Home Ltd

Company Number: 09204189

VAT Registration No. 306567694

Registered office: 8 King Edward Street, Oxford, OX1 4HL

Trading Address: Wittas House, Two Rivers, Witney, Oxfordshire OX28 4BH

Telephone: 03300 580908

[email protected]