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This is where you’ll find information about how we protect your privacy, Air Maths Tuition’s terms of service and how we handle user accounts. If you still have questions, please get in touch.
The following section is structured as follows:
These terms and conditions, herein referred to as the ‘Tutor Terms’ set out the terms and conditions under which Air Maths Tuition Limited, a company registered in England and Wales (No. 11992575) with a registered office at: 123 Uxbridge Road, London UB10 0LQ, herein referred to as ‘AMT’ or ‘We’ grants to the Tutor, a licence to access and use AMT’s virtual online platform at airmathstuition.com (the ‘Site’) which is dedicated to facilitating the delivery of Your Tutoring Services direct to Your Clients (the ‘Agreement’).
Air Maths Tuition and www.airmathstuition.com are the trading names of Air Maths Tuition Limited.
YOUR AGREEMENT WITH AIR MATHS TUITION LIMITED
These Tutor Terms govern the activities of Tutors in relation to Your use of the Site and the AMT Services. By using the Site and the Services, You accept these Tutor Terms in full. AMT reserves the right to change the terms relating to these Tutor Terms (or any part) at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. Read it carefully and ensure that You understand its effect before proceeding to use the AMT Services. If You disagree with any part of the Tutor Terms, do not use the Site or the AMT Services.
Unless the contrary intention appears, the following definitions shall apply:
Account means the secure account(s) created by You on sign up which holds Your personal information and profile and from where You can access the Services via Your AMT Login.
Additional AMT Credits refers to AMT Credits that are credited to Sponsor’s Account by AMT as a result of e.g. the distribution of a Referral Discount Code, any offer, a goodwill gesture or similar gifting/ promotion. Such shall have no cash equivalent, shall not be refundable or capable of being withdrawn other than by means of a redemption in respect of Tutoring Services and shall expire six (6) months from issue.
Client means a person contacting AMT with a view to directly entering into a formal contractual relationship with a Tutor for the provision of Tutoring Services, whether that be the Student or (if under eighteen (18)), the Student’s Sponsor.
Client Fees means the amounts collected by AMT from Client on behalf of the Tutor for the Tutoring Services.
Client Ratings means the ratings left by a Client on the Site in response to the performance of the Tutoring Services by a Tutor which is scored on a 1-5 star rating (1 being poor; 5 being outstanding).
Confidential Information means any information which is imparted or obtained under this Agreement by AMT to You on, before or after the commencement in confidence (whether in writing, verbally or by other means and whether directly or indirectly) or is of a confidential nature, relating to the business or prospective business, current or projected plans or internal affairs of AMT including, but not limited to information pertaining to Clients, logging in, Client Ratings or other feedback, AMT correspondence and any other commercial, financial or technical information or other information relating to the business or prospective business of AMT which might reasonably be considered to be confidential in nature.
Contract means the period during which, and the terms upon which, You provide Tutoring Services for any one Client as agreed between You and the Client via the Site.
Current Account means Your bank account which will accept payments by BACS.
Data Protection Legislation the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
Dispute means any dissatisfaction expressed by a Client or any complaint made by a Client or any other dispute or potential dispute or claim of a Client in connection with the provision of the Tutoring Services rendered by You (or the provision of the AMT Services which is communicated to You).
Intellectual Property Rights patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Losses means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
Materials refer to content relating to the Tutoring Services (including images (audio and/or visual), text, music, trademarks, symbols, logos and slogans).
AMT Login refers to Your unique username and password.
AMT Payments the amounts retained by AMT from the Client Fees in consideration for the provision of the AMT Services to Tutor.
AMT Services includes the provision of an online platform i.e. a website whereupon AMT provides an online marketplace for Clients to contact Tutors. AMT do not provide the Tutoring Services but facilitate their provision by Tutors to their Clients via the Site. The AMT Services further include a database of Tutors, Students, back office support including customer services, billing, website and IT services including the use of the virtual Online Lesson Space.
AMT Tools refers to the minimum requirements for carrying out the Tutoring Services via the Site including the use of a computer, recommended browser, webcam, a broadband internet connection (with sufficient bandwidth), a sound card and a headset and microphone.
PoCA List refers to the Protection of Children Act.
PoVA List and List 99 refers to the Protection of Vulnerable Adults scheme.
Recordings refer to the recording of any Online Lesson which can be viewed for up to one (1) month thereafter.
Referral Discount Code refers to the promotional discount code that AMT may provide to registered Sponsors to pass on to new prospective Sponsors of potential Students, the value of which can be redeemed against the first Tutoring Service ordered.
Refund Event Refund Event means where any event where a refund is issued to the Student by the Tutor. Once a tutorial has occurred with both the Tutor and the Student present then the Tutor has sole discretion on whether to issue a refund to the Sponsor.
Selection Criteria means the selection criteria as set out on the Site from time to time.
Selection Process refers to the process determined by AMT from time to time whereby tutors may be selected to provide Tutoring Services to Clients by accessing and using the Site and the AMT Services. Services include the AMT Services and the Tutoring
Services provided by the Tutor.
Site means a website owned and managed by AMT including www.Air Maths Tuition.co.uk.
Sponsor means the individual contracting on behalf of the Student with AMT and the Tutor for the provision of the AMT Services and the Tutoring Services, specifically a Parent/ Guardian/ Carer or other person (or the Sponsor and the Student may be one and the same person if the Student is over eighteen (18) years old) with responsibility for themselves and for the payment of the Client Fees to the Tutor.
Student means a person receiving the Tutoring Services via the Site as performed by You.
Term of Engagement as defined in clause 13.1.
Tutor means a registered tutor who has been selected to carry out the Tutoring Services by way of delivering Online Lessons.
Tutor Bank Account means the bank account where Client Fees are held on behalf of the Tutor prior to the completion of the Online Lesson and AMT transferring the Tutor Fees to Tutors.
Tutorial(s) refers to the online pre-booked tutoring session which is booked by a Client via the Site. Tutor Fees means the amounts received and payable by AMT to Tutor less any AMT Payments (as distinct from the Client Fees).
Tutoring Services means the provision of online tutoring by the Tutor to the Client by way of individual Online Lessons in real-time, suitably tailored to meet the individual requirements of the Students.
UGC means user generated content provided (including Materials as defined), uploaded, embedded or otherwise displayed and/ or stored on the Site by the Tutor for the purposes of carrying out the Tutoring Services which may include but are not limited to, Your profile, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on, the Site for Your use and for use by AMT and a Client.
VAT means value added tax chargeable under English law for the time being and any similar additional tax.
Written Notice means any notice given under this Agreement shall be in writing and signed by or on behalf of the party giving it and shall be served by delivering it personally, or by sending it by pre-paid recorded delivery or registered post to the relevant party at (in the case of the Tutor) its address submitted during the Selection Process and (in the case of AMT), the registered address.
BECOMING A TUTOR/
To be entitled to become a Tutor via the Site by making use of the Site and the AMT Services, You agree that these Tutor Terms apply to that use in full. It is in AMT’s absolute discretion to decide if You qualify (or continue to qualify) as a Tutor upon successful completion of the Selection Process. You will first register on the Site and complete a short online application form (‘Initial Application’). If Your Initial Application is successful, You may be invited to participate in a telephone interview (‘Telephone Interview’) and subsequently, an interview session in the virtual Online Lesson Space. If successful, You will complete a further registration by providing a short resume, your photo ID, details of Your Current Account, and a brief self-promotional video.
In order to provide You with maximum protection, during registration, You will be asked to input Your username (which will be Your email address) and to choose a password to access your Account on the Site in accordance with these Tutor Terms. You will keep Your password relevant to the Site and the Tutoring Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your username and password which shall represent Your AMT Login. We do not have the means to check the identities of all people using the Site and will not be liable where Your username and/or password are used by someone else. You agree to notify AMT immediately by email at firstname.lastname@example.org of any unauthorised use of Your Account of which You become aware (with ‘IMPORTANT – PASSWORD’ in the subject line).
Once a Tutor has been selected to provide the Tutoring Services via the Site and has a secure AMT Login, the Tutor can benefit from full use of the Site and the AMT Services. The AMT Services includes the provision of an online platform i.e. a website whereupon AMT provides an online marketplace for Clients to contact Tutors and for Students to come and work together subject to Contract. The Site enables Tutors to independently build up a professional Tutor profile and to promote their Tutoring Services on a freelance self-employed basis to Students who in turn, can choose their preferred Tutor to deliver Online Lessons tailored to their individual requirements.
AMT reserves the right to suspend or terminate Your ability to render Tutoring Services at any time and for any reason without liability to AMT. Where terminated, Your AMT Login and Account shall be deactivated. AMT reserves the right to terminate after a one (1) month long continuous period of inactivity which means that You will no longer be permitted to deliver Tutoring Services via the Site. You will not be permitted to re-access the Site and the AMT Services without AMT’s express written permission.
When You make use of the Site and the AMT Services and when You provide Tutoring Services to Your Students, You must comply with any operational requirements as directed by AMT and as amended from time to time and in accordance with these Tutor Terms. You further and specifically agree to:
- provide AMT with Your Current Account details which must be a UK current account and held in the Tutor’s single name only;
- assume all responsibility for Your role as Tutor and for the provision of Tutoring Services to the Client which includes the preparation and content of Online Lessons;
- accept booking requests made by Clients via the Site which You will be notified about via Your Company emailwithin a reasonable time frame. You should not commence Online Lessons until notified by AMT that a booking has been confirmed and Client Fees have been received and are being held on Your behalf. You acknowledge that AMT cannot be held responsible for any costs or time incurred before notification has been given to You;
- advise AMT at the earliest opportunity should Your circumstances change in relation to Your access to AMT Tools. You accept full responsibility for any Client Disputes raised as a result of issues connected to the performance of your AMT Tools affecting the performance of Your Tutoring Services provide the Tutoring Services with all due care, skill and ability and in a timely manner and in the best interests of the Client;
- obtain, use and maintain in good working order Your AMT Tools required for You to access and carry out the Tutoring Services in accordance with clauses 5.3, 5.4 and 5.5. Any problem concerning a technical issue regarding a Tutor’s personal computer or internet service provider is not the responsibility of AMT. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;
- act at all times in accordance with the highest professional standards;
- only accept instructions within Your sphere of abilities and competency;
- notify AMT immediately should You become incapacitated in any way and unable to provide the Tutoring Services. AMT can notify any Client concerned if You have not already done so. Depending on the circumstances, AMT and Tutor shall discuss in good faith a possible postponement of the Tutoring Services and in relation to the particular Client affected, the postponement or reassignment to another Tutor or cancellation and subsequent refund;
- ensure that any information provided by You to AMT remains true, accurate, up-to-date and complete at all times during the Terms of Engagement.
In consideration of the AMT Payments, AMT agrees to:
- provide the AMT Services with all due care, skill and ability and in a timely manner and in the best interests of the Client and the Tutor;
- devote as much time to the provision of the AMT Services as may be necessary for their proper performance;
- provide promptly and give to the Tutor all such information as they may reasonably require in connection with the provision of the AMT Services.
As an online service, AMT may periodically be unavailable as We perform regular (and emergency) maintenance and upgrades. Where reasonably possible, these activities shall be notified to You in advance. AMT makes no warranty, guarantee or representation as to, and accepts no liability for, the availability or suitability of the Site and/or the AMT Services.
You are solely responsible for validating the interoperability and proper functioning of the AMT Tools during the Meet the Tutor Session and for undergoing troubleshooting where necessary. See the FAQs provided on the Site relating to ‘Technical’ questions about the Online Lesson Space which offer access to a technical guidance which may assist You. This includes information relating to the minimum system requirements.
In exceptional cases, there may be other reasons relating to incompatibility or otherwise as to why You may be unable to successfully validate and access the Services. AMT uses all reasonable endeavours to make the Services available to all Tutors and Clients and where this is not possible for any reason whatsoever, AMT shall not be responsible nor liable to You as a result including for any act or omission on Your part relating to Your inability to access the Services in whole or in part including but not limited to:
- resultant feedback (echos), audio break-ups, video or sound delays; b. Your failure to use and configure the prescribed headset and microphone; c. Your failure to at least meet the minimum system requirements.
You acknowledge and accept that from time to time, You may experience entire or partial failure of Your video during the delivery of the Tutoring Services due to fluctuations or insufficient bandwidth and under such circumstances, You agree that the Tutoring Service shall continue without video and confirm that this is acceptable to You in all circumstances.
CLIENT FEES, TUTOR FEES AND AIR MATHS TUITIONWEB PAYMENTS
Tutor authorises AMT as its agents to accept any credit or debit cards or other forms of payment approved by AMT in connection with the provision of the Tutoring Services via the Site including Mastercard, Visa and Maestro debit cards on the Tutor’s behalf.
Tutor authorises AMT to charge and collect on behalf of Tutor, the face value of Tutoring Services from Clients. AMT holds all Client Fees (which will be based on the number of undisputed and completed Tutoring Services) for the Tutor in a dedicated Tutor Bank Account for a limited time and is entitled to retain the full amount of AMT Payments it charges to Tutor in consideration for the AMT Services provided prior to releasing the Tutor Fees to Tutor.
All costs relating to Online Lessons and AMT Payments are reviewable by tutors and AMT and any revised fees and charges shall take effective immediately upon posting on the Site and will be applicable to all bookings made after such posting.
You confirm that You are self-employed under these Tutor Terms, and You are directly responsible to HMRC for all matters regarding Income Tax, VAT and relevant National Insurance contributions. It is therefore necessary for You to keep records of payments made to You by way of Tutor Fees for completion of annual Tax Returns. You hereby agree to fully indemnify AMT for or against all and any demands by HMRC to AMT for Income Tax, VAT or National Insurance, or any other claim by HMRC, including any interest or penalties, arising out of Your failure to account properly or at all for any liabilities to HRMC arising from Your Tutoring Services. This indemnity shall include all expenses and costs, including legal fees, incurred by AMT in dealing with any such claim by HMRC.
AMT shall pay to Tutor an amount equal to the gross Tutor Fees collected by AMT, less any charges for AMT Services made in connection with this Agreement. Such payments shall be made fortnightly i.e. on the Tuesday, following the Friday of the end of the second Week in which Tutoring Services have been successfully performed and paid for by the Client (for example, if an Online Lesson is performed on or during any day of the Week from Monday 7th January – Friday 18th January inclusive, payment in respect of such Online Lessons would be payable on Tuesday 22nd January. The next payment would be payable on 5th February for Online Lessons performed from Saturday 19th January – Friday 01st February inclusive).
In response to a Dispute, if any Refund Event occurs, AMT will be entitled, in its sole discretion to refund the Client on behalf of the Tutor in full or in part. In such circumstances, the Tutor will receive either no Tutor Fees or only part of the Tutor Fees respectively.
If any Refund Event occurs subsequent to the Tutor receiving the Tutor Fees from AMT, AMT shall be entitled to withhold sufficient monies and offset any amounts payable to Tutor by AMT under this Agreement from any gross Tutor Fees collected by AMT thereafter to enable AMT to refund the relevant Client on the Tutor’s behalf. AMT shall be entitled to repay such monies to the Client at its discretion. The Tutor shall be responsible for all chargebacks and/or refund requests on Online Lessons performed and shall indemnify AMT against all Losses resulting from chargebacks and/or refund requests.
Tutor authorises AMT to self-bill for all the AMT Services until revoked and acknowledged in writing. AMT shall be entitled to make any settlement payment to Tutor by BACS, whereby funds are transferred direct to the Current Account of the Tutor (or to such other bank account as the parties agree in writing). Monies should show in the Current Account within three (3) days.
If either party fails to make any payment due (and undisputed) under this Agreement within ten (10) days post the due date for payment, the other shall be entitled to charge interest on the overdue sum for the period from and including the due date of payment up to the actual date of payment (after as well as before judgment) at the rate of 2% (two per cent) above the base rate per annum from time to time of Barclays Bank plc.
For the avoidance of doubt, Tutor Fees shall not be affected where AMT has provided Sponsor with Additional AMT Credits to redeem against Tutoring Services and such Additional AMT Credits are redeemed by Sponsor.
When using the AMT Services to deliver the Tutoring Services, if You publish any UGC via the Site by way of e.g. delivering Online Lessons, uploading text or images or videos or contributing to publicly accessible areas of the Site, You automatically grant:
- to AMT, a worldwide, non-exclusive, royalty-free, perpetual, transferable license (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the AMT Services, including without limitation the reproduction and sale of the UGC, or any part of it, and products incorporating the same for use by any person anywhere in the world including promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels;
- to each user of the Services whether registered as a Tutor or Client or not, a worldwide, non-exclusive, perpetual, royalty-free license to access Your UGC through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the Services and under the terms of this Agreement.
‘Publicly accessible’ areas of the Site are intended by AMT to be those parts of the Site that are available to all of those visiting the Site whether registered on the Site or not. You acknowledge that the UCG uploaded by You to create Your Tutor profile shall be viewable by all users of the Site and be accessible via the worldwide web search engines.
You acknowledge that all Online Lessons that You deliver may be recorded and You agree to the storage and use of such Recordings by AMT. You hereby agree to waive any and all moral rights in and to all UGC.
You agree that any UGC You use in the performance of Your Tutoring Services will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal agreement or permission from the rightful owner, or are otherwise legally entitled to use the UGC in question and to grant the licenses referred to in clause 8.1a and 8.1b.
All Intellectual Property Rights in all Materials produced by You pursuant to using the Services shall be Your property. For the avoidance of doubt, this clause shall not cover any content communicated, posted or otherwise transmitted to the Site by any third party, including without limitation any material, communication, information or ideas so communicated, posted or otherwise transmitted by any Students or Tutors.
The Intellectual Property Rights contained on the Site cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without AMT’s written permission. You acknowledge that all Intellectual Property Rights in and relating to AMT are owned by AMT or AMT’s Licensors.
CANCELLATIONS, RESCHEDULING, NO-SHOW
Arrangements between Clients and You may be cancelled by either party at any time in advance of the Online Lesson taking place. For the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the ‘Regulations’), the Client agrees to waive their statutory cancellation rights once payment of the Client Fees have been received by AMT. For the avoidance of doubt, prior to payment being received, a Client shall be entitled to cancel the Tutoring Services ordered. Notwithstanding this, once payment of the Client Fees has been made by the Client, Client shall still be entitled to cancel an Online Lesson and request a refund but if the Client cancels or reschedules:
- within twenty-four (24) hours of the Online Lesson start date and time, the Client shall forfeit 100% of the Client Fees; or,
- in excess of twenty-four (24) hours of the Online Lesson start date and time, the Client shall be offered either:
- a re-scheduled Online Lesson; or failing agreement on that,
- the Client’s AMT Wallet will be credited with the full amount of the Client Fees paid less an Administration Fee payable at AMT’s discretion.
- In the event of cancellation of the Tutoring Services by the Client pursuant to clause 9.1a, Your Tutor Fees shall be paid to You in full.
In the event of cancellation of the Tutoring Services by the Client pursuant to clause 9.1b(i), You will only receive the Tutor Fees upon successful performance of the Tutoring Services as re-scheduled in accordance with these Tutor Terms.
In the event of cancellation of the Tutoring Services by the Client pursuant to clause 9.1b(ii), You will not be transferred any Tutor Fees.
No-show by You at an Online Lesson without having cancelled it as well as repeated cancellations of Online Lessons by You may result in the termination of this Agreement between You and AMT under clause 13 and in any event AMT will log the incident on Your record for a period of twelve (12) months.
All cancellations must be made in writing in advance, directly via the Site. Should a Student fail to attend an Online Lesson without giving written advance notice and a refund is not issued, You shall not be paid for that Online Lesson.
CLIENT RATINGS, FEEDBACK AND OTHER ACTIVITIES
It is a feature of the Site and the AMT Services that the Client will leave Client Ratings.
Where deemed necessary, AMT is entitled to carry out an investigation upon receipt of negative Client Ratings (rating of 1, 2 or 3 out of 5) or where a Tutor or a Client reports or raises any feedback, issues or concerns that they might have with the other at any time. Whether such feedback is complimentary or more akin to a Dispute, AMT will have full discretion as to whether they inform the other of such feedback. Where deemed necessary, AMT is entitled to carry out an investigation upon receipt of such feedback or comments and in exceptional cases, AMT is entitled to suspend or terminate Your Account or revoke the licence granted to the Tutor herein to use the Site and the AMT Services by termination under clause 13.
Nothing in this Agreement shall prevent the Tutor from being engaged, concerned or from having any financial interest in any capacity in any other business, trade, profession or occupation during the Term of Engagement provided that such activity does not cause a breach of any of the Tutor’s obligations under this Agreement.
DATA PROTECTION AND PRIVACY
The Tutor hereby agrees that by releasing any Personal Data as submitted by the Tutor on the Site, You acknowledge that You are wilfully providing Your Personal Data in an attempt to initiate contact with one or more potential Clients. You understand that by accepting these Tutor Terms, You agree that AMT and the Site are not responsible for any advice or information given by a Tutor who a potential Client elects to initiate communication with and that by releasing any of Your Personal Data, it is understood that You hereby forfeit Your privacy and anonymity under these Tutor Terms to the extent necessary to utilise the Services.
Use of the Site is entirely at a Tutor’s own risk and You must exercise complete caution at all times when dealing with Clients and when entering in to legally enforceable Contracts to provide Tutoring Services to a Client.
CONFIDENTIAL INFORMATION AND PUBLICITY
The parties acknowledge that by reason of their relationship under this Agreement, they may from time to time disclose Confidential Information. Each party shall, during the term of this Agreement and thereafter, keep confidential, and shall not use for its own purposes (other than implementation of this Agreement) nor without the prior written consent of the other disclose to any third party (except its professional advisors or as may be required by any law or any legal or regulatory authority) any Confidential Information which may become known to such party from the other party and which relates to the other party, unless that information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this Agreement, or subsequently comes lawfully into the possession of such party from a third party. Each party shall use its best endeavours to prevent the unauthorised disclosure of any such information.
Confidential Information shall not include information that (i) is or becomes generally available to the public other than as a result of the breach of the confidentiality obligations in this Agreement by the receiving party, (ii) is or has been independently acquired or developed by the receiving party without violating any of the confidentiality obligations in this Agreement, (iii) was within the receiving party’s possession prior to it being furnished to the receiving party by or on behalf of the disclosing party, or (iv) is received from a source other than the disclosing party; provided that, in the case of (iii) and (iv) above, the source of such information was not known by the receiving party to be bound by a confidentiality obligation to the disclosing party or any other party with respect to such information.
The terms of this Agreement are confidential and may not be disclosed by one party without the prior written consent of the other party. On termination or expiry of this Agreement, You shall immediately return all Confidential Information in Your possession together with all copies thereof; or, if required to do so, destroy all Confidential Information in Your possession, custody or control by shredding or incinerating the same and/or irretrievably deleting the same if stored on electronic or magnetic media and certify to AMT that this has been done.
These Tutor Terms shall commence on the date you sign up to the Site and shall continue unless terminated:
- with immediate effect without notice or compensation pursuant to clauses 3.4, 10.2 or 13.2; or,
- with immediate effect without compensation upon either party serving Written Notice on the other; or, c. upon the conclusion of the existing Contract if the Tutor is committed to an existing Contract without compensation and provided that AMT has no objections to the continuance of an existing Contract (‘Term of Engagement’).
AMT reserves the right to terminate this Agreement with You immediately without compensation nor Written Notice if You commit a breach of any of these Tutor Terms, or if:
- any information provided by You is found to be untrue, inaccurate, out-of-date, or incomplete;
- Your performance of the Tutoring Services is deemed by AMT in its sole discretion to be unsatisfactory;
- You act in any way that has brought, or could bring, AMT in to disrepute;
- You are convicted of a criminal offence or are the subject of any investigation, which may in AMT’s opinion affect your role as a Tutor;
- You are unable to carry out your duties for any reason whatsoever; or,
- You do not show up at an Online Lesson without having cancelled it or You repeatedly cancel Online Lessons.
In the event of any such termination, you will be entitled to receive payment from your client for all Tutoring Services already successfully delivered and which are not the subject of a Dispute as at the date of termination but AMT shall not be liable for any Losses incurred by You after the date of termination.
Either party can terminate immediately upon serving Written Notice on the other if the other:
- commits a material or persistent breach of its obligations and, in the case of a breach which is capable or remedy, fails to remedy it after being given seven (7) days written notice specifying the breach and requiring it to be remedied; or,
- is unable to pay its debts, becomes subject to an administration order or makes any voluntary arrangement or composition with its creditors, or an encumbrancer takes possession of or a receiver is appointed over the property or assets of the other party or the other party is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction of the business or, in the case of an individual, is declared bankrupt.
Termination or expiry of this Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
WARRANTIES AND INDEMNITIES
As Tutor, You hereby warrant, represent and undertake to AMT that:
- You are at least eighteen (18) years of age and You have the necessary qualification or experience to provide the Tutoring Services in the subject(s) You offer in Your profile on the Site;
- You are personally responsible for the information posted by You on the Site and submitted throughout the Selection Process which You state is accurate and up-to-date;
- Where Your profile claims that You have undergone a CRB/ DBS or enhanced CRB/ DBS check, You will provide us with a copy of such upon request;
- You are self-employed and responsible for Your own income tax, national insurance and other liabilities payable and as further referred to in clause 6;
- You are wholly responsible for the appropriateness and the content of any UGC used and/ or submitted by You during Your Term of Engagement;
- You will comply with all the Tutor obligations set out at clause 4;You will only ever contact a Client via the Site;
- You agree at all times to comply with the provisions of the Data Protection Legislation;
- You shall comply to the best of your ability with AMT’s Tutor selection processes and you shall not knowingly withhold any information which you reasonably believe to invalidate you from providing Tutoring Services in accordance with the Tutor Policy.
- in offering Your Tutoring Services via the Site, You are complying with all applicable laws, regulations and codes of practice including, but not limited to, relevant legislation for the protection of businesses and consumers alike and which regulate the activities of the online environment;
- You are not VAT registered and will not charge a Client VAT for Your Tutoring Services;
- You have read, understood and familiarised yourself with our Safeguarding Policies and Procedures which can be accessed here in respect of child protection and online safety;
- You are not prevented from working with children and Your name does not appear in either of three lists of individuals who are barred from working with children (PoCA list) or with vulnerable adults (PoVA list and List 99).
The Tutor shall indemnify and hold harmless AMT (and any AMT Client as the case may be) on demand, and shall keep AMT (and any AMT Client) fully and effectively indemnified against any and all Losses arising out of or in connection with:
- any breach of these Tutor Terms or breach of obligation or warranty by the Tutor or the acts or omissions of a Tutor (other than and to the extent that any losses arise directly from breach of these Tutor Terms by AMT or by AMT’s negligence); and,
- any and all claims, complaints or legal proceedings instigated by a Client against AMT.
LIMITATION OF LIABILITY
You agree that subject to clause 15.2, We shall in no circumstances be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the AMT Services. Our liability to You whether in contract, tort or otherwise shall in no circumstances exceed the total AMT Payments earned by AMT in the six (6) months preceding the date on which the liability arose.
Nothing in these Tutor Terms is intended nor shall it be construed as an attempt by any party to exclude or limit its liability for any liability which cannot be excluded or limited under applicable law, including without limitation its liability for death or personal injury caused by its negligence or for its fraudulent misrepresentation.
For clarification, the AMT Services are primarily designed to be used within the territory of the United Kingdom and except as expressly set out in this Agreement, AMT gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.
Negative feedback (rating of 1, 2 or 3 out of 5) reported to AMT by Clients via the Site may be investigated. The parties agree that they shall attempt in good faith to resolve any Dispute or claim promptly through negotiations between You and an officer of AMT. AMT will use all reasonable endeavours to provide a written response via email to any issue raised by a Client or a Tutor via the Site within fourteen (14) days. AMT reserves the right to inform a Tutor or a Client respectively of any Dispute raised against them and to provide them with a copy of any response provided by AMT.
During the Term of Engagement, You must inform AMT immediately if You become aware of any Dispute or potential Dispute between an AMT Client and You and/ or AMT in connection with the provision of the Tutoring Services rendered by You.
You agree to cooperate fully with AMT in resolving any Dispute with a AMT Client.
AMT reserves the right to suspend Your Account with immediate effect while an investigation is conducted. Your Account may be reactivated once an investigation has been completed.
In the event of a Dispute prior to receipt of Tutor Fees, AMT reserve the right to withhold Tutor Fees in accordance with clause 7.3 until the Dispute has been resolved.
The consequence of any investigation instigated by a Client is entirely at the discretion of AMT.
Assignment: You shall not, without the prior written consent of AMT, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Tutor Terms. AMT may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Tutor Terms.
Enforceability: If any one or more of the provisions of these Tutor Terms should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired and the parties shall amend these Tutor Terms to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.
Status: The Tutor and AMT are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created and neither shall have any authority to bind the other in any way. This Agreement constitutes a contract for the provision of services and not a contract of employment and accordingly the Tutor shall be fully responsible for any income tax, national insurance and social security contributions.
THIRD PARTY RIGHTS
User may enforce the Tutor Terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the ‘Act’). Except as provided above, these Tutor Terms do not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
LAW AND JURISDICTION
All of these Tutor Terms are governed by English Law and any disputes arising in relation to the Tutor Terms, the Site or the Services are subject to the exclusive jurisdiction of the English Courts.
We keep our statement under regular review. This statement was last updated on 28th July 2014.