PARTIES:
Kensington Tutors Ltd. (also referred to as ‘Kensington Tutors’ ‘KT’  ‘we’ or ‘us’)
and
You (also referred to as ‘Tutor’ ‘Consultant’ or ‘your’) as named in the agreement form.

 

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.

All tutors must read and always abide by our Safeguarding Policy.

 

General

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.    Kensington Tutors has been established to facilitate contact between a Tutee and a Tutor in order to organise tutoring sessions when required.
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.
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.
 

Tutor Duties

5.    A Tutor will provide evidence to Kensington Tutors that
a.    they are at least eighteen years of age;
b.    they have the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the Kensington Tutors Website;
c.    they have the legal right to work in the UK on a self-employed basis.
6.    A Tutor must disclose any criminal convictions or cautions they may have received to Kensington Tutors, including any criminal convictions or cautions received at any time after starting to work for Kensington.
7.    Tutors will charge the amount agreed between Kensington Tutors and the Tutee.
8.    A Tutor shall indemnify Kensington Tutors for all claims and liabilities arising from working with Kensington Tutors, including any associated costs and expenses incurred, whether direct or indirect.
9.    A Tutor must not be in any way be abusive about a Tutee or his nominee.
10.    A Tutor is not an employee of Kensington Tutors and accepts full responsibility for all Income Tax, National Insurance and other liabilities the Tutor incurs, arising from working with Kensington Tutors.
11.    A Tutor must not complete on behalf of the Tutee any coursework, essays, or other assignments.
12.    A Tutor must not request any upfront fees. A Tutor must only accept payment for a single lesson at a time, to be paid at the completion of that lesson.
13.    Tutors must not promote the services of other tuition companies/businesses to any Tutee.
14.    Tutors who receive negative feedback from clients may be investigated by Kensington Tutors.
15.    Tutors must not have been prevented from working with children or vulnerable adults, nor must their name be registered on any barring lists, including the Protection of Children Act list, Protection of Vulnerable Adults list and List 99.
 

Tutors - Additional Duties

16.    A Tutor must log all lessons given to a Tutee with Kensington Tutors.
17.    A Tutor must not make any agreement with either a Tutee or any member of the Tutee's family or the Tutee's guardian which is intended to circumvent the relationship between Kensington Tutors and the Tutee and to benefit the Tutor at Kensington Tutors expense.
18.    A Tutor must not, during the period of any tutorial engagement with a Tutee and for a period of 6 months from the conclusion of the tutorial engagement, give any tuition services to that Tutee outside the arrangement with Kensington Tutors. If a Tutor does provide additional tuition services to the Tutee, outside that agreed with Kensington Tutors, in breach of this clause, the Tutor must pay Kensington Tutors a penalty fee of £350.00.
19.    A Tutor must not accept any payments directly from a Tutee.
20.    Kensington Tutors has the right to withhold payments to Tutors where it believes lessons are being booked, other than under the terms of this agreement. This may include Tutors who have a very small number of booked lessons per student which Kensington Tutors have referred to the Tutor.
21.    A Tutor must only make lesson bookings in agreement with a Tutee.
22.    If a Tutor makes a lesson booking and then fails to deliver to a standard expected by a Tutee and Kensington Tutors, the Tutor will be liable to refund the Tutee the entire Tutor Fee for the lesson.
23.    A Tutor must allow at least 15 minutes from the scheduled start time of a lesson for the Tutee to attend the lesson. If a Tutor fails to do so, the Tutor will be liable to refund the Tutee the entire Tutor Fee for the lesson.
24.    A Tutor may cancel a booked lesson three hours before the scheduled start time of a lesson by informing the Tutee directly and informing Kensington Tutors via Teams.
25.    A Tutor must cannot expect payment for a lesson that is cancelled by a Tutee more than 12 hours from the scheduled start time of the lesson.
26.    A Tutor agrees to take no payment or a reduced 50% of the Tutor Fee for a lesson that is cancelled by a Tutee less than 12 hours before the scheduled start time of the lesson.
27.    A Tutor has 48 hours to inform Kensington Tutors in writing of his intention to dispute a Complaint. 
28.    Tutors agree to cooperate with Kensington Tutors fully in resolving any dispute with a Tutee, his parent or guardian.
29.    Tutors accounts may be suspended whilst a dispute is under review.
30.    Kensington Tutors will not be liable to the Tutor for any loss of earnings resulting from any technical issues on the Kensington Tutors Teams.
31.    All tutor payments are intended for the purpose of lessons only, lessons are time shared with the student in a learning environment, either online or in-person.
32.    All online lessons through Kensington Tutors are recorded, they may be available for review by a Tutee. Kensington Tutors will review recordings for safeguarding concerns and/or randomly to ensure that the expected lesson quality is met.

 

Liability, Indemnity and other provisions

33.    Kensington Tutors has no control over or responsibility for the truth or accuracy of any material available on the Kensington Tutors Teams, whether provided by Tutors, Tutees or others. Third party links may appear on the Kensington Tutors Teams. Kensington Tutors does not endorse or have any responsibility for the site in question or anything which appears on it.
34.    Kensington Tutors is not and cannot be responsible for the behaviour of Teams users, whether on the Kensington Tutors Teams or outside of it. 
35.    Kensington Tutors is not liable for direct, indirect, consequential or any other form of loss or damage that may be suffered by authorised user of the Kensington Tutors Teams, including loss of data or information or any kind of financial or physical loss or damage.
36.    The Tutee agrees to indemnify Kensington Tutors against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions or through use of the Kensington Tutors Teams.
37.    Kensington Tutors does not guarantee that a Tutor will be secured to meet the Tutee's needs.
38.    Kensington Tutors is not responsible for any grade received by a Tutee or any consequence that examination grades entails.

 

Intellectual Property

39.    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.

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Miscellaneous provisions

40.    Kensington Tutors reserves the right to withdraw or modify aspects of the Kensington Tutors Website and Teams, or the entirety of it.
41.    Kensington Tutors reserves the right to suspend or terminate a Tutor or Tutees access to the Kensington Tutors Teams, or parts of it. Kensington Tutors reserves the right to remove, or require the Tutor/Tutee to remove, material posted on the Kensington Tutors Teams. Suspended Tutors/Tutees cannot re-access without consent with Kensington Tutors.
42.    Kensington Tutors may monitor postings to the Kensington Tutors Teams and communications through the Kensington Tutors Teams and have the right to delete and/or block such postings or communications at their sole discretion.
43.    Kensington Tutors give no guarantee that the Kensington Tutors Teams is free of viruses, worms, or any other form of harmful components.
44.    Kensington Tutors may contact its clients using the details Kensington Tutors have stored on their account, this could include by email and phone.
45.    Kensington Tutors may use data for statistical analysis and may provide this to interested third parties.
46.    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.
47.    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.
48.    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.
49.    English Law and the jurisdiction of English Courts applies to these terms