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Tutoring Client Agreement

PARTIES:
Kensington Tutors Ltd. (also referred to as ‘Kensington Tutors’ ‘KT’  ‘we’ or ‘us’)
and
You (also referred to as ‘Tutee’ ‘you’, ‘your’) and named in the webform.

Updated : January 2024

TERMS AND CONDITIONS


In this Agreement are the Terms and Conditions which you must read and agree to, to commence working with Kensington Tutors. These Terms and Conditions may change from time to time.

 

Tutee (and Parent/Guardian) Duties
1.1    A Tutee who is under 18 years of age must have consent from a parent or a guardian to register and that parent or guardian must enter into any agreement with Kensington Tutors to provide tuition services. The parent/guardian will be entitled to check the credentials of the Tutor. Kensington Tutors is not responsible for any disputes regarding parental consent. For both at home and online lessons there must be a responsible adult on the premised while the lesson is taking place.
1.2    A Tutee (and Parent/Guardian) must not publish any abusive comments about a Tutor or a Tutee. This includes defamatory or derogatory comments. Concerns should be logged with Kensington Tutors in the first instance.
1.3    Kensington Tutors is not responsible for examination entry; this is the sole responsibility of the Tutee (and Parent/Guardian).
1.4    A Tutee must not request, and a Tutor must not agree, to complete coursework, essays, or other assignments for a Tutee.
1.5    A Tutee (and Parent/Guardian) agrees not to make any agreement or arrangement with a Tutor which is intended to circumvent the relationship between Kensington Tutors and a Tutor. Also, the Tutee agrees that during the period of any tutorial engagement and for the period of 6 months' from the conclusion of the tutorial engagement the Tutee will not book lessons directly with the Tutor.
1.6    A Tutee must ensure that he has given enough information to the Tutor, including his correct address/email, to allow the lesson to take place. If a lesson is to take place at the Tutee's home, the Tutee must ensure a suitable setting for the lesson. Parents/Guardians of a Tutee who is under 18 must give their permission for contact details of the Tutee to be given to the Tutor. Communication will be via email, not social media channels. Parents/Guardians will be copied in on emails to an under 18 Tutee.
1.7    If a lesson does not take place because a Tutee does not attend, or if the Tutee cancels the lesson with less than two hours’ notice, the Tutee will be charged the full Lesson Fee. Cancellations that take place more then 2 hours before the start of the lesson but within 12 hours will be charged at half the lesson fee. In the case of young children (primary age), a cancellation on the day for sickness, where the child has not been sent to school, will not be charged as long at Kensington Tutors has been informed around the same time as the school are informed of an absence.
1.8   A Tutee (or Parent/Guardian) must cancel a lesson by contacting the Tutor and receiving confirmation. Kensington Tutors must also be copied into this email.
1.9   The Tutee acknowledges that, if they confirm a booking with a tutor, and then all (or all but one) lesson(s) are subsequently cancelled, the Tutee may be charged a finders' fee of £50.00. This charge is at the sole discretion of Kensington Tutors.
1.10   A Tutee should inform Kensington Tutors of a Complaint by either phone or email within 48 hours of the scheduled finish time of the relevant lesson. 
1.11    Payment should be received by within 72 hours of receipt of the payment invoice. If a Tutee has an outstanding payment for over 72 hours, then all future lessons will be cancelled.
1.12    Kensington Tutors may continue to seek payment to cover failed payments from the Tutee following the scheduled end of the relevant Lesson, by contacting the Tutee by email, SMS and Phone.


General
2.1    All business undertaken by Kensington Tutors, a Tutor and/or a Tutee or his parent/guardian is transacted subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail. 
Obligations of Kensington Tutors and related provisions
2.2    Kensington Tutors has been established to facilitate contact between a Tutee and a Tutor in order to organise tutoring sessions when required.
2.3    Kensington Tutors will take precautions it considers appropriate to keep the details of a Tutor and Tutee secure but will not be liable for unauthorised access to the information provided by a Tutor and Tutee of Kensington Tutors.
2.4    Kensington Tutors will complete background checks on the expertise, qualifications and safeguarding of the Tutor on behalf of the Tutee through assessment of their CVs, the interview process and completing a DBS check.

Liability, Indemnity and other provisions
3.1   Kensington Tutors does not guarantee that a Tutor will be secured to meet the Tutee's needs.
3.2    Kensington Tutors is not responsible for any grade received by a Tutee or any consequence that examination grades entails.
3.3    Liability is limited to the commission fee.


Intellectual Property
4.1    The code, brand and intellectual property of Kensington Tutors cannot be reused without Kensington Tutors consent. All copyright, trademarks, and other intellectual property rights in and relating to Kensington Tutors (including the material which is contributed by tutors and tutees) are owned by Kensington Tutors. It is prohibited to copy, distribute, show in public or create any derivative work from Kensington Tutors, or any of the material which is found at Kensington Tutors without the consent of Kensington Tutors. Please see our Copyright Notice, which forms part of these Terms and Conditions.

Miscellaneous provisions

5.1    Kensington Tutors reserves the right to withdraw or modify aspects of the Kensington Tutors Website or the entirety of it.
5.2   Kensington Tutors may contact its clients using the details Kensington Tutors have stored on their account, this could include by email and phone.
5.3    Kensington Tutors may use data for statistical analysis and may provide this to interested third parties.
5.4    Privacy Policy (which can be found on the Kensington Tutors home page): Kensington Tutors Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, the Tutor and Tutee also give their consent to the way in which Kensington Tutors may handle their personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Kensington Tutors Website (including any which contain personal information) is, of course, accessible to internet users around the world.
5.5    Entire Terms and Conditions: These Terms and Conditions include Kensington Tutors Privacy Policy and copyright notice. Those without signed agreement do not have a right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.
5.6    Severability: In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable.
5.7    English Law and the jurisdiction of English Courts applies to these terms

 

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