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Unitute tutoring agreement

Last updated April 2023

 

This agreement by and between The Tutor and Digital Enabling Limited as the company behind Unitute (The Company) will be considered agreed and valid upon signature by both parties.

All activities and services provided by the Tutor will be supervised by The Company’s staff and will be applicable to the following terms and conditions.

Once a tutoring booking has been confirmed, you are entering into an agreement between you as the Tutor and the Student. The Company acts as an agent on behalf of the Tutor and the Student. The Company is only responsible for providing a platform for each Student to find an appropriate Tutor for the specific subject, dates and times, and is not responsible for lesson content or teaching methods.

 

Terms of agreement

The scope of engagement portion of this agreement template provides both parties an area to acknowledge any and all terms in regard to the services the The Company will provide.

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Payment terms

The Company will accept invoices for fees due from the Tutor on a monthly basis by the 25th of each month, and will, upon validation of such fees' validity, make payment to Tutors on a monthly basis by the 28th of each month.

The Company will receive 20% commission of all tuition fees, which will be deducted prior to payment received by Tutors.

The Company will deal directly with the Tutor's accounts regarding all payments. Payments will be made by direct bank transfer into the Tutor’s bank account. It is therefore the responsibility of the Tutor to ensure The Company has accurate banking details.

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Status of the Tutor

It is expressly understood that The Company retains the services of the Tutor as an independent contractor and not as an employee. This agreement does not establish an employer/employee relationship between the Tutor and The Company, and no such agreement shall be established at any time.

The Tutor shall be responsible for their insurance and for all statutory declarations and contributions with regard to income tax. 

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Cancellation Policy

CANCELLATION OF LESSONS BY STUDENT The Student may cancel tuition by giving at least 24 hours prior notice to The Company 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. Discretion may be used in exceptional circumstances to waive the cancellation fee.

CANCELLATION OF LESSONS BY TUTOR The Tutor may cancel lessons by giving 72 hours prior notice to The Company in which case no fees shall be incurred. Discretion may be used in exceptional circumstances to waive the 72 hour cancellation policy.

LATE ARRIVAL Fees are calculated according to the times stipulated in the schedule and no adjustment shall be made for time lost because of late arrival by the Student. Any lost time because of the late arrival of the Tutor shall be compensated for by extending a lesson by mutual agreement and by such amount of time that was lost. The Tutor must notify The Company of any lateness by emailing nadia@unitute.com.

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Safeguarding policy and DBS checks

Tutors are required to provide an Enhanced DBS check for working with children and vulnerable adults at the point of signing this agreement.

Should you have any safeguarding concerns regarding a Student you should report to The Company’s safeguarding officer Nadia Yates-Stephenson in a separate email detailing your concerns at nadia@unitute.com.

Examples of safeguarding concerns may include:

·        The Student expresses that they are feeling anxious or depressed and may be at risk of self-harm or suicide.

·        The Tutor notices that the Student is being disruptive or inappropriate in their behaviour and language.

·        The Student shares personal information about their home life that suggests they may be experiencing abuse or neglect.

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Obligations of the Tutor

  • The Tutor shall arrive on time to lessons and give adequate notice to The Company if this cannot be upheld in line with the Late Policy outlined above.

  • The Tutor agrees to carry out all preparation and research prior to lessons so as to maximise the Student’s learning time if applicable.

  • The Tutor shall provide a supportive and encouraging learning environment.

  • The Tutor will have access to a stable internet connection, a computer with webcam and speech facilities, and a private working space.

  • The Tutor shall keep confidential all information of the Student and shall not contact other parties involved in the education of the Student.

  • The Tutor shall not assign any of their duties or obligations under this tutoring agreement to a third party.

  • The Tutor shall at no time be required or obliged to execute homework or assignments on behalf of the Student.

  • The Tutor shall not make any promises or guarantees of the Student’s performance as a result of any tutoring provided.

  • The Tutor shall not share personal details with the Student and make arrangements to meet with the Student outside of The Company platform.

  • The Tutor is responsible for setting their availability for lessons through their Google Calendar to be integrated with the The Company platform and honouring the set availability after receiving a booking email.

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Obligations of the Student

  • The Student shall arrive on time to lessons and give adequate notice to The Company if this cannot be upheld in line with the Cancellation and Late Policy outlined above.

  • The Student agrees to assist the Tutor in identifying problem areas in which the Student needs specific tutoring.

  • The Student agrees that assignments, exercises or homework form an integral part of tutoring and undertakes to complete such work in a timely manner.

  • The Student understands that the Tutor shall at no time be required or obliged to execute homework or assignments on behalf of the Student.

  • The Student shall not proposition the Tutor to share personal details with the Student and make arrangements to meet with the Tutor outside of The Company platform.

  • Where the Student is a legal minor, the Parent/Guardian shall enter into this tutoring agreement on behalf of the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student.

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Obligations of The Company

  • The Tutor understands that The Company cannot guarantee work for the Tutor, and if work has been offered this shall not confer legal rights to the Tutor in establishing an entitlement to regular work.

  • The Company shall protect data held about the Tutor and the Student in line with the General Data Protection Regulation and the Data Protection Act. Please read the Company’s privacy policy found at www.unitute.com/privacy-policy for more information about the data processed and the reasons for processing.

  • The Company shall pay the Tutor on time as outlined in the payment terms above.

  • ·The Company shall maintain and keep in working order all facilities and services provided to the Tutor.

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Jurisdiction

This agreement shall be under the jurisdiction of the laws of The United Kingdom of Great Britain and Northern Ireland. Therefore, any and all legal proceedings shall be conducted in the above country.

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Liability and indemnification

The Company does not accept any liability for any claims bought by the Tutor arising out of or in relation to tutoring carried out by the Tutor. The Tutor agrees to indemnify The Company without limit in respect of any such claims.

The Tutor is not covered by The Company’s insurance.

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Termination

This agreement may be terminated by either party at any time by giving the other party 7 days prior notice via email to The Company directors at mark@unitute.com. The Company may at any time terminate this agreement with immediate effect with no liability to make any further payment to you (other than in respect of any accrued fees or expenses at the date of termination) if:

(a) the Tutor is in breach of any of obligations outlined in this agreement or;

(b) other than as a result of illness or accident, after having notified The Company, the Tutor has neglected to provide or fail to remedy any issues in providing tutoring services.

Any delay by The Company in exercising its rights to terminate shall not constitute a waiver of these terms.

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Whole agreement

This agreement constitutes the entire understanding between the parties regarding the subject matter thereof and the parties waive the right to rely on any alleged expressed or implied provision not contained herein. Any alteration to this agreement must be in writing and signed by both parties.

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Notices

Any and all notification with regard to this agreement shall be conducted in written form and delivered via email.

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