Terms & Conditions

Terms and Conditions for Client

These terms and conditions (the “Terms and Conditions”) constitute a legally binding agreement made between Top Class Tutor Ltd, trading under the name ‘Top Class Tutor’ (“Top Class Tutor”, “We”, “Us”, or “Our”), and you, as a prospective or current client of Top Class Tutor, whether personally or on behalf of an entity (“Client”, “You” or “Your”, and together with Top Class Tutor, the “Parties”). By submitting an Enquiry or otherwise accepting Top Class Tutor’s provision of the Services (as defined below), the Client agrees the Terms and Conditions shall apply to the relationship between the Parties and to the Services.

Definitions

In these Terms and Conditions, the following capitalised terms shall have the following meanings:

“Commencement Date” means the date on which Top Class Tutor contacts the Client by email or telephone in response to the Enquiry submitted by the Client.

“Enquiry” means a completed and submitted enquiry form located on the Website or a call placed on any number listed on the Website for the purposes of collecting information about a Client’s needs in connection with Tutoring.

“Fees” means any sum as agreed between Top Class Tutor and the Client from time to time.

“Services” means the processing of enquiries, consultation, tutor-matching, background checks, scheduling and administration of Sessions and any other ancillary services Top Class Tutor provides to the Client in connection with the provision of Tutoring.

“Session” means one hour (or as otherwise agreed between Top Class Tutor, the Tutor, and the Client from time to time) of personal teaching services, whether in person or otherwise, as conducted between the Tutor to the Student as part of the Tutoring provided.

“Student” means the natural person on behalf of whom the Tutoring is solicited. For the avoidance of doubt, the Student may be the Client or another person.

“Tutor” means the natural person who the Client has contracted with or may contract with in connection with the provision of Tutoring.

“Tutoring” means the personal teaching services, assessment of the Student’s needs, design of personalised learning plans and any other ancillary services a Tutor ordinarily provides for a Student, on a Session by Session basis or otherwise.

“Tutoring Costs” means the amount payable by the Client to the Tutor per Session as agreed between the Tutor and the Client from time to time, in consideration for the Tutor’s provision of Tutoring for that Session.

“Website” means topclasstutor.co.uk as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.

Approval

From the Commencement Date, Top Class Tutor shall provide the Services to the Client. Top Class Tutor shall act as the Tutor’s agent and shall introduce one or more Tutors to the Client as part of the Service.

In consideration for Top Class Tutor’s performance of the Services, the Client shall pay to Top Class Tutor the Fees for this Service.

Top Class Tutor shall arrange access to the TutorCruncher platform for the Client in connection with the management, organisation, administration, scheduling and/or payments in connection with the Tutoring and the Services.

Disclaimers

The Client agrees and acknowledges each of the following:

EACH TUTOR IS AN INDEPENDENT, SELF-EMPLOYED PERSON AND IS NOT, FOR ANY PURPOSE AN EMPLOYEE OF TOP CLASS TUTOR.

NONE OF THE TUTORS HAVE ANY AUTHORITY TO ENTER INTO AGREEMENTS OR CONTRACTS ON BEHALF OF TOP CLASS TUTOR.

EACH TUTOR SHALL BE SOLELY AND FULLY RESPONSIBLE FOR THE TUTORING SUCH TUTOR PROVIDES.

THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AND EACH CLIENT’S USE OF THE WEBSITE AND THE SERVICES IS AT YOUR AND EACH CLIENT’S OWN RISK (AS APPLICABLE).

ANY COMPLAINTS OR DISPUTES BETWEEN CLIENTS AND TUTORS MUST BE RESOLVED BETWEEN THEM DIRECTLY.

TOP CLASS TUTOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, TIMELINESS, QUALITY, ACCURACY, OR AVAILABILITY OF THE TUTORING OR THE TUTORS (AS APPLICABLE).

ANY TUTORING SOLICITED FROM TUTORS IS SUBJECT TO THE CONTRACT BETWEEN THE CLIENT AND THE TUTOR. TOP CLASS TUTOR SHALL HAVE NO OBLIGATIONS TO INQUIRE INTO, RECORD, INVESTIGATE, GUARANTEE, OR ASSUME THE OBLIGATIONS UNDER ANY SUCH CONTRACT OR ANY TERMS THERETO.

Learning Environment

The Client and the Tutor are responsible for finding and agreeing on a suitable environment in which Tutoring can take place. Top Class Tutor shall not be held responsible for any delays in this respect nor for access to any premises in connection with Tutoring.

Fees and Payment

Top Class Tutor shall not be responsible for determining the Tutoring Costs. The Tutor shall determine the Tutoring Costs, and Top Class Tutor may notify the amount of such Tutoring Costs to the Client on behalf of the Tutor in advance of each Session.

The Client shall pay the Tutoring Costs and the Fees for each Session after the Session is marked as “Complete” by both the Tutor and Client on TutorCruncher. For the avoidance of doubt, the Client shall not unreasonably delay marking the Session as “Complete”.

The Client is responsible for checking invoices to ensure that Sessions have been correctly logged.

Payment under this section shall be made on the Stripe Connect system through the TutorCruncher platform, provided that the Tutor agrees to the use of such system to receive the Tutoring Costs. In the event that the Tutor decides to use some other means to receive payment, the Client must pay the Tutor directly. In such event, Top Class Tutor shall not be responsible for receiving any payment on behalf of the Tutor (although for the avoidance of doubt, the Fees shall remain payable to Top Class Tutor through the Stripe Connect system).

Expenses

Any expenses (e.g. textbook or equipment purchases) must be agreed in advance between the Client and the Tutor.

Cancellation policy

The Client and the Tutor are responsible for notifying one another in advance of any necessary changes to the timing of the Sessions.

A notice of at least 48 hours must be given for cancellation of a scheduled Session and Top Class Tutor reserves the right to charge the Client the Fees in full if a Session is cancelled with fewer than 48 hours’ notice or where the Tutor has been prevented from providing Tutoring to the Student for the scheduled Session, for example where the Student fails to show up to the Session or the Tutor has been prevented from entering the premises where the Session was to take place.

The Tutor may cancel Sessions by giving 48 hours prior notice to the Client/Student in which case no Fees shall be incurred. Where a Session was pre-paid, the Tutor shall reschedule the appointment at a time agreeable to both parties, failing which the Client/Student shall be refunded for the Fees.

Cancellations must be notified to Top Class Tutor via the TutorCrunch platform. Any reduction, refund or payment of Tutoring Costs after cancellation shall be decided between the Tutor and the Client, and any such decision must be notified to Top Class Tutor via the TutorCrunch platform.

Late Arrivals

No adjustment to the Fees shall be made for time lost because of late arrival by the Student to a Session.

Any lost time because of the late arrival of the Tutor shall be compensated for by extending a Session by mutual agreement and by such amount of time that was lost. For the avoidance of doubt, no deduction to the Fees shall be made in such instance, although no additional Fees shall be charged in connection with such extension.

Late arrivals must be notified to Top Class Tutor via the TutorCruncher platform. Any reduction, refund or payment of Tutoring Costs after late arrivals shall be decided between the Tutor and the Client, and any such decision must be notified to Top Class Tutor via the TutorCrunch platform.

Non-Solicitation

The Client understands and acknowledges that because of the Client’s experience with and relationship to Top Class Tutor, the Client will have access to and learn about Top Class Tutor’s Tutor Information. “Tutor Information” includes, but is not limited to, names, phone numbers, addresses, email addresses, job history, pricing information, and other information identifying facts and circumstances specific to the Tutors and relevant to Tutoring.

The Client understands and acknowledges that the loss of any such Tutor relationship or goodwill will cause significant and irreparable harm to Top Class Tutor.

The Client agrees and covenants not to directly or indirectly solicit or contact, or attempt to solicit or contact, using any form of oral, written, or electronic communications, Top Class Tutor’s current, former, or prospective Tutors with whom the Client interacted/from or about whom the Client received Tutor Information for the purpose of soliciting personal teaching services similar to or competitive with those offered through Top Class Tutor for the Client, the Student or any other individual or entity during the Client’s engagement with Top Class Tutor under these Terms and Conditions and for 10 years immediately following the termination of these Terms and Conditions, regardless of the reason for the termination, unless such solicitation or contact is made pursuant to the Services provided by Top Class Tutor.

Communications include, but are not limited to, email, regular mail, express mail, telephone, fax, instant message, or social media, including but not limited to Facebook, LinkedIn, Instagram, Twitter, TikTok, or any other social media platform, whether or not in existence at the time of entering into this agreement. However, it will not be deemed a violation of these Terms and Conditions if the Client merely connects with a covered current, prospective, or former Tutor on a social media platform without engaging in any other substantive communication, by social media or otherwise, that is prohibited by this section.

Liability

Top Class Tutor provides a tutor-matching Service, acting as an agent for the Client and the Tutor. We interview our Tutors carefully and collect references from them, but the Client agrees and acknowledges that the Tutors are not our employees. It is the Client’s responsibility to ensure that adequate adult supervision is in place during Sessions.

Top Class Tutor accept no liability for any claims by the Client arising out of or related to tutoring by a Tutor introduced by Top Class Tutor.

Notwithstanding anything to the contrary elsewhere in the Terms and Conditions, under no circumstances will Top Class Tutor be liable to the Client for any consequential loss (being loss of business, goodwill, opportunity or profit), even if advised of the possibility of such consequential loss.

Data Protection & Retention

All Client and Tutor data is held securely within our tutor management software, the TutorCruncher database. TutorCruncher is our Data Processor and is GDPR compliant.

All Client data will be held until requested to be deleted by the Client or for 1 year after the last Session taught by one of our Tutors.

Termination

Both Parties may terminate this agreement by giving the other party not less than 1 month’s written notice.

General

Top Class Tutor 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 Director of Top Class Tutor and in writing.

Neither Party shall be deemed to have waived any provision of the Terms and Conditions or the exercise of any rights held under the Terms and Conditions unless such waiver is made expressly and in writing. Waiver by either Party of a breach or violation of any provision of the Terms and Conditions shall not constitute a waiver of any subsequent or other breach or violation.

Unless otherwise agreed in writing by a Director of Top Class Tutor, these Terms and Conditions shall prevail over any other Terms of Business or Conditions put forward by the Client.

Terms and Conditions for Tutor

These terms and conditions (the “Terms and Conditions”) constitute a legally binding agreement made between Top Class Tutor Ltd, trading under the name ‘Top Class Tutor’ (“Top Class Tutor”, “We”, “Us”, or “Our”), and you, as a prospective or current tutor for Top Class Tutor (“Tutor”, “You” or “Your”, and together with Top Class Tutor, the “Parties”). By signing up for an account at the Website or otherwise agreeing to provide the Tutoring (as defined below), the Tutor agrees the Terms and Conditions shall apply to the relationship between the Parties.

Definitions

In these Terms and Conditions, the following capitalised terms shall have the following meanings:

“Client” means any natural person or legal entity who uses the Services (or on behalf of whom the Services are used) in order to solicit the purchase of Tutoring.

“Student” means the natural person on behalf of whom the Tutoring is solicited. For the avoidance of doubt, the Student may be the Client or another person.

“Website” means topclasstutor.co.uk as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.

Referrals

Top Class Tutor may introduce the Tutor to one or more Client at Top Class Tutor’s discretion.

Disclaimers

The Tutor agrees and acknowledges each of the following:

EACH TUTOR IS AN INDEPENDENT, SELF-EMPLOYED PERSON AND IS NOT, FOR ANY PURPOSE AN EMPLOYEE OF TOP CLASS TUTOR.

NONE OF THE TUTORS HAVE ANY AUTHORITY TO ENTER INTO AGREEMENTS OR CONTRACTS ON BEHALF OF TOP CLASS TUTOR.

EACH TUTOR SHALL BE SOLELY AND FULLY RESPONSIBLE FOR THE TUTORING SUCH TUTOR PROVIDES.

THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AND EACH CLIENT’S USE OF THE WEBSITE AND THE SERVICES IS AT YOUR AND EACH CLIENT’S OWN RISK (AS APPLICABLE).

ANY COMPLAINTS OR DISPUTES BETWEEN CLIENTS AND TUTORS MUST BE RESOLVED BETWEEN THEM DIRECTLY.

EACH CLIENT IS FULLY LIABLE FOR ANY PAYMENTS TO BE MADE TO ANY TUTOR UNDER ANY CONTRACTS AGREED BETWEEN THE TWO, AND MUST PAY THE TUTOR IN AT THE SESSION’S COMPLETION ALONGSIDE ALL COSTS AND EXPENSES INCURRED BY THE TUTOR (OR AS OTHERWISE AGREED BETWEEN THE CLIENT AND THE TUTOR).

TOP CLASS TUTOR DOES NOT HAVE THE OBLIGATION TO PROVIDE ANY REFERRAL, NOR ANY OTHER SERVICE, WORK, OR HELP TO YOU OR ANY TUTOR. ALL SERVICES ARE PROVIDED ON A DISCRETIONARY BASIS.

Status of Tutors

Top Class Tutor shall be under no obligation to provide work for the Tutor and this agreement creates no obligation on Top Class Tutor to provide the Tutor with a specified number of hours work in any day or any week.

The Tutor shall not be obliged to accept any assignment offered by Top Class Tutor.

Top Class Tutor matches a Client to a suitable Tutor for a specific tutoring assignment. The Tutor is responsible for the content of Sessions and the teaching methods.

The Tutor shall immediately inform Top Class Tutor and the Client should there be any reason under which it would be detrimental to the interests of Top Class Tutor, the Client or the Tutor for any assignment to continue.

The Tutor should not engage in any conduct which is detrimental to the interests of Top Class Tutor, which could negatively affect Top Class Tutor’s relationship with any current or potential clients or which is likely to bring Top Class Tutor into disrepute.

Learning Environment

The Tutor and the Client are responsible for finding and agreeing on a suitable environment in which tuition can take place. Top Class Tutor shall not be held responsible for any delay in this respect.

The Tutor must read Top Class Tutor’s Child Protection and Safeguarding Policy and abide by it.

Payments

Top Class Tutor uses the online management software ‘TutorCruncher’ to take payments, schedule Sessions, and manage Tutors.

Within 48 hours of each tutorial taking place, the Tutor should ‘Complete’ that Session in the TutorCruncher calendar by setting the Session status to ‘Attended’, writing a short Session report, and ticking the ‘Email shared notes’ box to ensure that this report is emailed to the Client. This acts as a formal record of the Session for payment purposes and in the event of a dispute.

Client payments are made directly to the Tutor. Tutors may arrange for the use of the Stripe Connect system on the TutorCruncher platform in order to receive payment; however, it is up to the Tutor’s agreement with the Client as to how such payment will be made.

The Tutor will be personally liable for the payment of tax and national insurance contributions, as appropriate, on any fees received from an assignment with Top Class Tutor. The Tutor agrees to indemnify and keep indemnified Top Class Tutor in the respect of any demand for PAYE or employers’ National insurance which may be directed against the Company in relation to any fees or out-of-pocket expenses paid to the Tutor in terms of this agreement.

Expenses

All expenses must be agreed in advance with the Client before they are added to the Client’s account (in TutorCruncher). The Tutor should keep receipts for books and materials so these may be returned if the Client does not wish to buy them.

Any expenses incurred by the Tutor without the agreement of the Client will not be reimbursed by Top Class Tutor.

Cancellation Policy

The Client and the Tutor are responsible for notifying one another in advance of any necessary changes to the Session timetable. Wherever possible, an alternative date and time should be arranged.

Cancellations must be notified to Top Class Tutor via the TutorCruncher platform. Any reduction, refund or payment of Tutoring Costs after cancellation shall be decided between the Tutor and the Client, and any such decision must be notified to Top Class Tutor via the TutorCruncher platform.

Late Arrivals

Late arrivals must be notified to Top Class Tutor via the TutorCruncher platform. Any reduction, refund or payment of Tutoring Costs, and/or the rescheduling or extension of any Session after late arrivals shall be decided between the Tutor and the Client, and any such decision must be notified to Top Class Tutor via the TutorCruncher platform.

Liability

Top Class Tutor does not accept any liability for any claims by the Client arising out of or related to the carrying out of the tutoring by the Tutor and the Tutor agrees to indemnify Top Class Tutor without limit in respect of any such claims.

The Tutor shall indemnify and hold harmless Top Class Tutor from any damages, claims, liabilities, loss and expenses, including reasonable attorney’s fees, arising out of any act or omission of the Party in breach of the Terms and Conditions (including, for the avoidance of doubt, its respective representations and warranties).

Notwithstanding anything to the contrary elsewhere in the Terms and Conditions, under no circumstances will Top Class Tutor be liable to the Tutor for any consequential loss (being loss of business, goodwill, opportunity or profit), even if advised of the possibility of such consequential loss.

Confidentiality

The Tutor undertakes that they will not at any time during or after the conclusion of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of Top Class Tutor, except that you may disclose Top Class Tutor’s confidential information as may be required by law, court order, or any governmental or regulatory authority.

The Tutor undertakes not to make use of confidential information encountered through association with Top Class Tutor for any purpose other than to perform your obligations under this Agreement.

Data Protection & Retention

Top Class Tutor uses tutor data for the purposes of the services that it provides. Tutors providing personal data consent to the use of that data by Top Class Tutor for the purpose of effecting introductions to Clients, for billing and fee collection purposes and to enable Top Class Tutor to contact the Tutor from time to time. If you would like additional information, we encourage you to read our Privacy and Data Protection Policy on our website.

All Client and Tutor data is held securely within the TutorCruncher database. TutorCruncher is our Data Processor and is GDPR compliant.

Termination

Both Parties may terminate this agreement at will.

This agreement shall terminate immediately in the event of failure on the part of either party to observe any material obligation under this agreement.

Nothing in this agreement prevents Top Class Tutor from terminating your engagement with Top Class Tutor summarily or otherwise in the event of any serious breach by you of these Terms and Conditions, or in the event of any act or acts of misconduct by you, or if a Client is materially dissatisfied with the services provided and investigation made by Top Class Tutor prove this to be true.

General

Top Class Tutor 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 Director of Top Class Tutor and in writing.

Unless otherwise agreed in writing by a Director of Top Class Tutor, these Terms and Conditions shall prevail over any other Terms of Business or Conditions put forward by the Tutor.