Terms and Conditions

Terms and Conditions

By Using Our Site You Accept These Terms and Conditions

Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site. These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this website, www.mytutor.co.uk (“Our Site”). You may wish to print a copy of these Terms and Conditions for your future reference.

These Terms and Conditions were last updated in May 2023.

Your agreement to comply with these Terms and Conditions is indicated by your use of Our Site. If you do not agree to these Terms and Conditions, you must stop using Our Site immediately.

The following documents also apply to your use of Our Site:

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

  • “Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
  • “We/Us/Our” means My TutorWeb Limited, a company registered in England and Wales (No. 08580263) with a registered office at: 6th Floor 25 Farringdon Street, London EC4A 4AB.

2. Information About Us

2.1 Our Site is operated by My TutorWeb Limited.

We are a limited company registered in England and Wales under company number 08580263. Our registered address is 6th Floor 25 Farringdon Street, London EC4A 4AB

2.2 Our VAT number is 215952407.

3. How to Contact Us

To contact Us, please email Us at or telephone Us on +44 (0) 203 773 6020.

4. Access to Our Site

4.1 Access to Our Site only is free of charge.

4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.

4.3 Access to Our Site is provided on an “as is” and on an “as available” basis.

We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted. If We suspend or discontinue Our Site (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.

5. Changes to Our Site

We may alter and update Our Site (or any part of it) at any time.

6. Changes to these Terms and Conditions

6.1 We may alter these Terms and Conditions at any time.

As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.

6.2 If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

7. International Users

Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.

8. How You May Use Our Site and Content (Intellectual Property Rights)

8.1 All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise.

All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

8.2 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).

8.3 You may print one copy and download extracts of any page(s) from Our Site for personal use only.

8.4 You may not modify the printed copies or downloaded extracts in any way.

Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.

8.5 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.

8.6 You may not use any Content from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as applicable).

This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.

8.7 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche.

Further information is available from the UK Intellectual Property Office.

9.1 You may only link to the homepage of Our Site, www.mytutor.co.uk.

Linking to other pages on Our Site requires our express written permission.

9.2 Links to Our Site must be fair and lawful.

You must not take unfair advantage of Our reputation or attempt to damage Our reputation.

9.3 You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).

9.4 Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.

9.5 You must not frame or embed Our Site on another website without Our express written permission.

9.6 You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.

10.1 Links to other websites may be included on Our Site.

Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.

10.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

11. Disclaimers

11.1 Nothing on Our Site constitutes professional advice on which you should rely.

It is provided for general information purposes only.

11.2 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.

11.3 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.

12. Our Liability

12.1 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.

12.2 If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

12.3 If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

12.4 If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.

13. Viruses, Malware, and Security

13.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.

13.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

13.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

13.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

13.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

13.6 By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990.

Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

14. Acceptable Usage of Our Site

14.1 You may only use Our Site in a lawful manner:

  1. a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
  2. b) You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
  3. c) You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

14.2 If you fail to comply with the provisions of this Part 14, you will be in breach of these Terms and Conditions.

We may take one or more of the following actions in response:

  1. a) Suspend or terminate your right to use Our Site;
  2. b) Issue you with a written warning;
  3. c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  4. d) Take further legal action against you, as appropriate;
  5. e) Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  6. f) Any other actions which We deem reasonably appropriate (and lawful).

14.3 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.2) in response to your breach.

15. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy and Cookie Policies, available from https://www.mytutor.co.uk/privacy/

16. Communications from Us

16.1 If We have your contact details, We may send you important notices by email from time to time.

Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.

16.2 We will not send you marketing emails without your express consent.

If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 30 days for your request to take effect and you may continue to receive emails during that time.

16.3 For questions or complaints about communications from Us, please contact Us using the details above in Part 3.

17. Law and Jurisdiction

17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 17.1 takes away from or reduces your legal rights as a consumer.

17.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

17.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

We keep our statement under regular review. These Terms and Conditions were last updated in 21st September 2020.

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Client Terms

  1. THESE TERMS

  1. You must read these terms carefully and ensure that you understand their effect before proceeding to use MTW’s virtual online platform, which is available via the Site, and the MTW Services (as defined below in clause 2).
  2. These terms and conditions (“the Agreement”) apply to your use of the Services.
  3. This Agreement does not apply to any purchase or use by you of any Tutoring Services, which are governed by a separate, legally binding Customer Contract between you and the Tutor as set out in Schedule 1 of this Agreement.
  4. We are MY TUTORWEB LIMITED, a company registered in England and Wales (CRN: 08580263) with registered office at 6th Floor 25 Farringdon Street, London, United Kingdom, EC4A 4AB (“MTW”, “we”, “us”). This Agreement sets out the terms under which MTW grants to you (“the Customer”, “you”) a licence to use MTW’s virtual online platform (available via the Site) and the MTW Services, which are dedicated to facilitating the sourcing of Tutors by enabling registered Customers to access the profiles of Tutors offering Tutoring Services in various subjects.
  5. By using the Site and the Services, you accept this Agreement and the Customer Contract in full. MTW and the Tutor reserve the right to change any part of this Agreement and the Customer Contract respectively. Any such changes will be effective immediately upon posting on the Site. You should check this page periodically.
  6. If you disagree with any part of this Agreement, do not use the Site or the Services. If you are uncertain as to your rights under this Agreement or if you would like us to explain any part of them, please contact us.
  7. You confirm that, by accepting this Agreement and the Customer Contract, you understand that MTW has no liability or responsibility whatsoever in relation to any advice or information communicated to you by a Tutor (or any reliance by you on such advice or information) or otherwise in the course of you accessing, accessing and using any of the Services and the Site.
  8. The terms of this Agreement were last updated on 18/12/2023..
  1. DEFINITIONS

  1. The following definitions will apply in this Agreement:

Account means the secure account(s) created by you, which hold(s) your personal information and from which you can access the Services via your MTW Login.

Additional MTW Credits refers to credits which are added to your Account by MTW as a result of, for example: the distribution of a ‘Referral Discount Code’, any offer, a goodwill gesture or similar gifting/promotion by MTW.

Customer or you means a person who is registered to use the Site with a view to directly engaging with the Tutor for the provision of Tutoring Services in accordance with the Customer Contract, whether that be the Student or (if the Student is under eighteen years old), the Student’s Sponsor.

Customer Ratings means the 1-5 star ratings (1 star being poor; 5 stars being outstanding) left by a Customer on the Site to feed back on the performance of the Tutoring Services by a Tutor.

Customer Tools refers to the minimum hardware, software and connectivity requirements for using and accessing the MTW Services, including: the use of a computer, recommended browser, webcam, a broadband internet connection (with sufficient bandwidth), a sound card, a headset and microphone.

Customer Contract means the contract between you and the Tutor which is created in accordance with clause 4.6 on the terms set out in Schedule 1 of this Agreement.

Data Protection Legislation means the Data Protection Act 2018, the UK GDPR (as defined in the Data Protection Act 2018), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), 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 you (including any low Customer Rating) or any complaint made by you or any other dispute or potential dispute or claim of a Customer in connection with the provision of the Tutoring Services rendered by a Tutor, or with the provision of the MTW Services, and which is notified to you by MTW as being a Dispute.

Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trade marks and service marks, 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 which subsist now or in the future in any part of the world.

Instant Help Session(s) refers to a type of Tutoring Service which can be arranged and purchased on the Site and which is delivered instantly subject to immediate payment of MTW Credits from the MTW Wallet.

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 means any content relating to the Tutoring Services including (without limitation) images, videos (audio and/or visual), text, music, trademarks, symbols, logos and slogans.

Meet The Tutor Session means an optional unpaid interview between you and a potential Tutor lasting approximately fifteen minutes, which provides an opportunity for you to become acquainted with that Tutor, discuss your specific learning requirements and concerns, and to assess their suitability for you.

MTW Credit(s) means the pre-paid credits deposited in the MTW Wallet which can be used to pay for the MTW Payments and the Tutor Fees upon redemption. One MTW Credit represents £1 (one pound sterling).

MTW Payments means the amounts payable by you to MTW in consideration for the provision of the MTW Services to you, as set out on the Site.

MTW Services means the provision by MTW of an online platform with an online marketplace for Customers to contact Tutors; the Site; a database of Tutors and Tutor profiles; back-office support including (without limitation) customer services, billing services, website and IT services; and, a virtual Tutorial space.

MTW Wallet means the online electronic wallet where the Customer’s MTW Credits are held.

Platform Fee means a fee charged to the Customer when the Customer books a Tutorial and when the Customer purchases MTW Credits for the purpose of booking a Tutorial, and as further set out in clause 8. Platform Fees are charged on a per transaction basis.

Recording means the video (including audio and images) of any Tutorial or Instant Help Session which can be accessed and viewed via the relevant Account for up to one month thereafter.

Referral Discount Code means the promotional discount code that MTW may provide to a Customer and which the Customer may subsequently pass on to a new prospective client.

Services means the MTW Services (as provided by MTW) and the Tutoring Services (as provided by the Tutor).

Site means a website owned and managed by MTW including www.mytutor.co.uk

Sponsor means the person (e.g. a parent, guardian, carer or other person, or the same person as the Student if they are over eighteen years old) entering into the Agreement with MTW on behalf of the Student and who is responsible for the Student and the payment of the Tutor Fees.

Student means a person using the MTW Services to receive Tutoring Services.

Tutor means a registered tutor who has been allowed access to the Site to carry out the Tutoring Services to Customers.

Tutor Fees means the amounts payable by you to the Tutor for the Tutoring Services, as set out on the Site.

Tutorial(s) means the online, pre-booked tutoring session(s) booked by a Customer with a Tutor via the Site.

Tutoring Services means the provision of Tutorials in real-time and Instant Help Sessions, suitably tailored to meet the individual requirements of the Students (as communicated to the Tutor or MTW) including access to the Recordings.

Tutor Mail means the internal mail system on the Site which allows Customers and Tutors to correspond with each other.

UGC means user generated content provided (including Materials), uploaded, embedded or otherwise displayed and/or stored on the Site by the Customer for the purposes of accessing or using the Services which may include (without limitation): 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 MTW and a Tutor.

VAT means value added tax chargeable under English law for the time being and any similar additional tax.

  1. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
  2. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
  3. A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time.
  4. A reference to writing or written includes email but not fax.
  5. Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
  1. CLIENT REGISTRATION

  1. If the Student is under the age of eighteen:
  1.  the Sponsor must register for an Account for the Student on the Site, using the Student’s details;
  2. the Sponsor must register for a separate, additional account for the Sponsor on the Site, using the Sponsor’s details;
  3. the Sponsor will be responsible for managing the Student’s access to and use of the Services which shall include (without limitation):
  1. payment of Tutor Fees;
  2. requesting refunds;
  3. purchasing MTW Credits;
  4. receiving email communications from MTW;
  5. receiving Additional MTW Credits (as further described in clause 5.2) in to the MTW Wallet.
  1. If you are a Student and you are eighteen years old or older and you do not have a Sponsor:
  1. you must register for two separate Accounts: (i) as a Student; and (ii) as your own Sponsor; and
  2. you will be responsible for fulfilling the obligations set out under clause 3.1.3 above.
  1. During the Account registration process, you will be required to:
  1. submit your username (which will be your email address) and to create a password to access your Account and to access and use the Services (together, “MTW Login”);
  2. provide us with basic information about you and the Services you wish to purchase, access and use.
  1. You will keep your MTW Login and any other credentials relating to your Account, the Site and the Services confidential at all times and not reveal it to anyone else. You are responsible for all activities that are carried out under your MTW Login and Account. You understand that we do not have the means to check the identities of all people using the Site and will have no liability whatsoever if your MTW Login or Account are used by someone else. You agree to notify MTW immediately by email at support@mytutor.co.uk of any unauthorised use of your Account or your MTW Login of which you become aware (with “IMPORTANT – PASSWORD” in the subject line).
  2. You will not create any Accounts other than those set out in clauses 3.1 and 3.2, as applicable. You will not create any Account for the purpose of abusing or in any way compromising the functionality or availability of the Site, including for other Customers. If we reasonably believe that you have breached this clause 3.5, we may terminate this Agreement immediately in accordance with clause 14.
  1. BOOKING TUTORIALS

  1. You may only access certain areas of the Site if you have completed the Account registration process in full, including Tutor profiles and introductory videos, Customer Ratings, and Meet The Tutor Sessions.
  2. You may purchase and pay for Tutoring Services on a pay-as-you-go basis or by purchasing MTW Credits, as further set out in clause 5.
  3. You may arrange a Meet The Tutor Session once you have registered your Account. There is no obligation on Tutors to attend Meet The Tutor Sessions and some Tutors do not offer these sessions at all.
  4. Where applicable, you may book your first Tutorial during a Meet The Tutor Session or via Tutor Mail. There is no obligation on you to book or pay for further Tutoring Services during or following a Meet The Tutor Session.
  5. When you book a Tutorial (or a block of Tutorials) on the Site, you will have the opportunity to review your information and correct any errors before making payment. You must then make payment in accordance with clause 8. Your order is not accepted until MTW (acting on behalf of Tutors) sends you written confirmation to the email address you used to register your Account. Our acceptance of your order creates a binding and legally enforceable contract between you and us, and the terms of this Agreement apply to that contract.
  6. We solely and exclusively accept payment of the MTW Payments from the relevant Sponsor’s Account.
  7. When we accept your order under clause 4.5, the Customer Contract will also come into existence. This is a binding legal contract between you and the Tutor on the terms contained in Schedule 1 to this Agreement. The Customer Contract between you and the Tutor is separate to this Agreement between you and us.
  1. MTW CREDITS

  1. Customers may purchase MTW Credits in order to pay for the Tutoring Services. One MTW Credit represents £1 (one pound sterling).
  2. MTW Credits are different from Additional MTW Credits. Additional MTW Credits have no cash equivalent and they are not refundable. You may solely redeem Additional MTW Credits against the purchase of Tutoring Services. All Additional MTW Credits shall automatically expire six months after the date of issue.
  3. Once purchased, MTW Credits are held in your MTW Wallet and may be redeemed against the purchase of MTW Services from MTW or Tutoring Services from a Tutor. Provided that you have sufficient MTW Credits in your MTW Wallet, the requisite number of MTW Credits will be deducted from your MTW Wallet automatically when you book a Tutorial, and the balance of MTW Credits in your MTW Wallet will be reduced accordingly.
  4. We will notify the Sponsor by email if:
  1. you use MTW Credits to pay for Tutoring Services; or
  2. your MTW Wallet is empty or has insufficient MTW Credits available.
  1. You may request a refund for unused MTW Credits in your MTW Wallet (excluding any Additional MTW Credits) at any time by emailing us at support@mytutor.co.uk. You must include all your relevant bank details, including: your full name, sort code, and account number. Subject to you providing us with the correct information, your refund will be made within fourteen days of us receiving your request. You agree and acknowledge that the timescales of your banking clearing systems will also apply.
  2. If you have not redeemed your MTW Credits within 6 months of you purchasing them, we will make reasonable attempts to contact you in order to give you a refund. If you do not respond to us within 1 month of us contacting you, we will be under no obligation to refund any unused MTW Credits and you shall be deemed to have forfeited all such MTW Credits.

  1. CLIENT OBLIGATIONS

  1. You must comply with the terms of this Agreement and all relevant MTW requirements and policies as we may notify to you from time to time. In particular you will:
  1. pay all service fees, telephone and broadband fees and all other costs associated with your access to and use of the Services;
  2. obtain, use and maintain in good working order all Customer Tools for the proper use of and access to the Services. Any problem or technical issue relating to your personal computer or internet service provider is not the responsibility of MTW and MTW shall have no liability whatsoever in relation to any such issue. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;
  3. purchase, install, keep up-to-date and cover all costs of the latest available version of security software to protect against the transmission of viruses and any other malware via your access to and use of the Site and Services;
  4. provide the Tutor with all such information as they may reasonably require in connection with the provision of the Services and update the Tutor promptly if any such information changes;
  5. notify MTW immediately if the Student becomes ill or is otherwise unable to fully take part in or attend a Tutorial, so that MTW can notify the relevant Tutor on your behalf if you have not already done so;
  6. without prejudice to clause 6.2 (if applicable), (i) satisfy yourself as to the suitability of a Tutor to deliver the Tutoring Services; and (ii) verify to your own satisfaction the accuracy of their stated credentials (including training, qualifications and experience), expertise, references, and CRB/DBS information (where applicable). You agree and acknowledge that all CRB/DBS information and any qualifications are self-certified by Tutors and are not verified, validated, endorsed or checked by MTW;
  7. have sole responsibility for selecting a Tutor to provide the Tutorial(s);
  8. contact a Tutor solely and exclusively via Tutor Mail and MTW instant messaging facility on the Site. You shall not contact a Tutor via any other means;
  9. not act as an agent to promote the services or opportunities of a company; and,
  10. not publish any abusive, defamatory or derogatory comments (or any comment which could be deemed as such) about a Tutor, another Student or any other user on the Site.
  1. Where you intend using the Site to find a Tutor who will work with a person under the age of 18, you confirm that MTW has:
  1. either:
  1. offered to and/or provided assurances of any relevant qualifications or authorisations of and obtained from the Tutor;
  2. offered to and/or provided to you assurances of two references obtained from persons who are not relatives of the Tutor and who have agreed that the reference provided may be disclosed to you; and
  3. taken all other reasonably practicable steps to confirm that the Tutor is suitable;
  1. or, where MTW has taken all reasonably practicable steps to comply with the requirements set out in clauses 6.2.1.1, 6.2.1.2 and 6.2.1.3 and has been unable to do so fully, has instead:
  1. complied with those requirements to the extent that it was able to do so;
  2. informed you that it has taken all reasonably practicable steps to comply fully with those requirements and has been unable to do so; and
  3. informed you of the details of the steps that it has taken in order to try and comply fully with those requirements.

  1. MTW OBLIGATIONS

  1. In consideration of the MTW Payments, MTW will:
  1. subject to clause 7.3, provide the MTW Services with all due care, skill and ability and in a timely manner and in the best interests of Customers and Tutors;
  2. promptly give to the Customer all such information as they may reasonably require in connection with the provision of the MTW Services.
  1. We may suspend, withdraw or restrict the availability of all or any part of the Site and the MTW Services for business and operational reasons, including regular (and emergency) maintenance and upgrades. Where reasonably possible, we will give you prior notice of this.
  2. MTW will use reasonable endeavours to make the Services and Site available to you on an “as is” basis. MTW makes no warranty, guarantee or representation as to, and accepts no liability whatsoever in connection with, the availability or suitability of the Site and/or the Services.
  3. You agree and acknowledge that, in exceptional cases, there may be reasons relating to software or IT system incompatibility (for example) as to why you may be unable to access all or part of the Services or Site.
  4. MTW shall not be responsible nor liable as a result of any act or omission by you relating to your inability to access all or part of the Services or Site, including (without limitation):
  1. resultant feedback (echoes), audio breakups, video or sound delays;
  2. your failure to use or configure any Customer Tools or other equipment;
  3. your failure to at least meet the minimum system requirements of the Customer Tools; and
  4. your failure to comply with clause 6.1.2.
  1. You agree and acknowledge that from time to time you may experience entire or partial failure of your video during the delivery of the Tutoring Services or a Tutorial due to fluctuations or insufficient bandwidth for reasons relating to your own internet provider. Under such circumstances, you agree that the Tutoring Services or Tutorial shall continue without video and confirm that this is acceptable to you in all circumstances. You agree that any such failure of your video will not materially affect the standard of the Tutorial or Tutoring Services and will not amount to a breach by MTW.
  1. MTW PAYMENTS AND TUTOR FEES

  1. You will pay the MTW Payments to MTW for the provision of the MTW Services. If you have sufficient, valid MTW Credits in your MTW Wallet when booking a Tutorial (or block of Tutorials), the MTW Payments will be paid in accordance with clause 5.3. If you purchase the MTW Services on a pay-as-you-go basis, you will pay the MTW Payments at the time of booking.
  2. You will pay the Tutor the Tutor Fees for the provision of the Tutoring Services. MTW will collect the Tutor Fees from you on behalf of the Tutor. If you have sufficient, valid MTW Credits in your MTW Wallet at the time when you book a Tutorial (or a block of Tutorials), MTW will take payment of the Tutor Fees on behalf of the Tutor in accordance with clause 5.3. If you purchase the Tutoring Services on a pay-as-you-go basis, we will take payment of the Tutor Fees on behalf of the Tutor at the time of booking.
  3. In addition to the MTW Payments, MTW may charge Customers a Platform Fee.
  4. For Customers based in the UK and EU, each Platform Fee will be a minimum of: (i) £0.50 (fifty pence sterling), or (ii) an amount equal to 1.75% of the total transaction value if that amount is higher than £0.50 (fifty pence sterling). No Platform Fee will be more than £2.50 per transaction (including VAT).
  5. For Customers based outside the EU, each Platform Fee will be a minimum of: (i) £1 (one pound sterling), or (ii) an amount equal to 3.5% of the total transaction value if that amount is higher than £1. No Platform Fee will be more than £5.00 (five pounds sterling).
  6. Platform Fees will be paid either when you confirm a booking for a Tutorial or when you purchase MTW Credits. For the avoidance of doubt, no additional Platform Fee will be payable when you redeem any MTW Credits.
  7. You shall pay to MTW the MTW Payments, the Tutor Fees, and the Platform Fee(s) by any payment methods as may be approved by MTW and notified on the Site from time to time.
  8. MTW Payments will be inclusive of VAT. Tutors are not VAT registered and will not charge you VAT for the Tutoring Services.
  9. MTW reserves the right to change any prices relating to MTW Services, Tutoring Services and Platform Fees at its sole discretion. Any such changes will be effective immediately upon posting on the Site and will be applicable to all bookings made thereafter.
  10. MTW Payments are calculated on the following basis: Tutor Fees + Platform Fees = total MTW Payments. Platform Fees are charged on a per transaction basis. Each Platform Fee is an amount equal to a maximum of 49% of the total MTW Payments payable to MTW.
  11. MTW charges Platform Fees in order to provide the following MTW Services (without limitation):
  1. safe and secure platform governed by a safeguarding and legal team, safeguarding and legal processes including DBS checks to ensure lessons are safe and compliant;
  2. Tutor recruitment, selection and safeguarding training activities including recruiting, screening, interviewing, and vetting of Tutors to ensure our Tutors are of the highest quality;
  3. Meet The Tutor Sessions;
  4. customer service teams and processes to ensure any Customer issues are dealt with efficiently and effectively;
  5. tutor services teams and processes to ensure any Tutor issues are dealt with efficiently and effectively;
  6. payment systems and processes to ensure all payments are timely and accurate; and
  7. other operational costs relating to running our business such as operations, customer marketing costs, cybersecurity, technical maintenance and platform improvement.
  1. CONDUCT AND FRAUD

  1. You agree and acknowledge that you may only access the Site and use the Services for lawful purposes.
  2. You are solely responsible for your compliance with any laws, rules and regulations relating to your use of the Services.
  3. You will comply with our Acceptable User Agreement at all times. You will treat Tutors with respect and not use obscenities, make threats, or discuss matters other than those directly relating to the subject of the Tutorial.
  4. Subject always to the provisions of clause 13, you will not:
  1. disclose any information to a Tutor which could be considered personally identifiable information; or
  2. solicit any information from a Tutor which could be considered personally identifiable information,

including (without limitation): address, telephone number, email address, National Insurance number, MTW Login or any other information which could be used to identify or locate you or the Tutor, as applicable.

  1. Notwithstanding the other provisions of this clause 9, you agree and acknowledge that MTW may inform your Tutor of your name in order for you to use the Services, and you hereby give MTW permission to do so.
  2. If a Tutor discloses any information described in clause 9.4 to you or suggests meeting or holding a conversation anywhere other than on the Site, you will immediately report this to MTW.
  3. You shall not, without the prior written consent of MTW, at any time from the date when this Agreement commences until 6 months after the termination or expiry of this Agreement, in any way solicit (or try to solicit) one-to-one tuition or other tuition services either in person or online from a person who is, or has been, a Tutor introduced to you by MTW.
  4. You agree and acknowledge that MTW may access, view and review any UGC. We reserve the right to remove any UGC (in full or in part), acting in our sole discretion.
  5. MTW may terminate any Tutorial at any time where we consider in our sole discretion that you have uploaded or are uploading or otherwise transmitting inappropriate content via the Site. We reserve the right to remove any UGC which we deem to be in violation of this Agreement, our Acceptable User Agreement, or which is otherwise objectionable or in any way offensive in our sole opinion.
  1. INTELLECTUAL PROPERTY

  1. If you publish any UGC via the Site by way of (without limitation): uploading text, images, audio, videos, or contributing to publicly accessible areas of the Site, you automatically and immediately grant:
  1. to MTW, a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (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 MTW 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 MTW Services (and derivative works thereof) in any media formats and through any media channels; and
  2. to each user of the MTW Services whether registered as a Tutor or Customer or otherwise, a worldwide, non-exclusive, perpetual, royalty-free licence to access your UGC through the MTW Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the MTW Services and under the terms of this Agreement.
  1. Publicly accessible” areas of the Site are intended by MTW to be those parts of the Site which are available to any user of the Site whether that person is registered on the Site or not.
  2. You hereby warrant to MTW that any UGC you create, submit, upload or contribute to any Tutorial or to the Site or Services will not contain any third-party copyright material or material which is subject to other third-party proprietary rights (including privacy and publicity rights), unless you have a formal agreement or express permission from the rightful owner, or are otherwise legally entitled to use the UGC in question and to grant the licences referred to in clause 10.1.1 and 10.1.2 in relation to that UGC.
  3. You agree and acknowledge that all Intellectual Property Rights in all Materials are and will remain the property of the relevant Tutor.
  4. You agree and acknowledge that the Intellectual Property Rights contained on the Site or in the MTW Services cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without MTW’s prior written permission.
  5. You acknowledge that all Intellectual Property Rights in and relating to MTW Services and the Site are owned by MTW or MTW’s Licensors.
  1. CANCELLATIONS, RE-SCHEDULING, NO-SHOW

  1. This clause 11 does not apply to any cancellation, suspension or termination of a Tutorial under clause 14.5.
  2. Your rights to cancel Tutoring Services are set out in the Customer Contract in Schedule 1.
  1. RATINGS, FEEDBACK AND DISPUTES

  1. Customers may submit Customer Ratings via the Site and the MTW Services.
  2. During the last five minutes of a Tutorial, the Tutor may submit feedback, comments or suggestions for you, which you may access via your Account.
  3. Tutors and Customers may report or raise any feedback, issues or concerns that they might have with the other at any time. Irrespective of whether any feedback is positive, negative, or amounts to a Dispute, MTW may at its sole discretion:
  1. inform the other party;
  2. investigate the issue; and/or
  3. suspend or terminate your Account and/or terminate this Agreement with immediate effect.
  1. You will inform MTW immediately (and in any event within 48 hours) if you become aware of any Dispute or potential Dispute between you and a Tutor. You agree to cooperate fully with MTW in resolving any Dispute with a Tutor.
  2. The parties agree that they shall attempt to resolve any Dispute or claim promptly and in good faith through negotiations between you and an officer of MTW.
  3. MTW will use all reasonable endeavours to provide a written response via email to any issue or concern raised by a Customer or a Tutor via the Site within 14 days. MTW reserves the right to inform a Tutor or a Customer respectively of any Dispute raised against them and to provide them with a copy of any response provided by MTW.
  4. The outcome of any Dispute is entirely at the discretion of MTW (acting reasonably).
  5. You agree and acknowledge that MTW will not be in breach of this Agreement nor will you have any rights to any compensation if MTW exercises any of its rights under clause 12.3.
  1. DATA PROTECTION AND PRIVACY

  1. You acknowledge that you have read and understand MTW’s Privacy Policy and Cookie Policy, as may be updated from time to time.
  2. By submitting or sharing any of your personal data (as defined in the Data Protection Legislation) you hereby confirm that you do so wilfully for the purposes of accessing and using the Site and the Services in accordance with this Agreement.
  3. MTW and the Tutor warrant that they shall comply with the Data Protection Legislation at all times.
  1. TERMINATION AND SUSPENSION

  1. This Agreement will commence on the date you complete your Account registration and shall continue unless terminated under this clause 14.
  2. MTW may suspend the provision of the MTW Services and access to the Site in accordance with clause 7.3. If we do so, you agree and acknowledge that MTW will not be in breach of this Agreement and you will not have a right to any compensation.
  3. Either you or MTW may terminate this Agreement with immediate effect by serving written notice on the other party. If you are party to a Customer Contract at the time when we serve written notice on you under this clause 14.3, then (at MTW’s sole discretion) we may agree for this Agreement to continue until the expiry or termination of the relevant Customer Contract.
  4. You agree and acknowledge that in accordance with the ‘Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013’, you do not have a statutory right to cancel this Agreement and receive a full refund during any cooling-off period on the basis that the Services are bespoke and tailored specifically to your individual requirements. If you have any questions about this clause 14.4, please contact us at [EMAIL].
  5. MTW may suspend or terminate this Agreement and your access to the Site and the Services immediately by serving written notice if:
  1. MTW finds or reasonably suspects that any information provided by you is untrue, inaccurate, out-of-date, or incomplete;
  2. you act in any way that has brought, or could bring (in MTW’s opinion), MTW in to disrepute;
  3. you are in material breach of this Agreement; or
  4. you fail to attend a Tutorial without having cancelled it or you repeatedly cancel Tutorials.
  1. If MTW exercises its rights under clause 14.5, you will pay for all Tutoring Services already delivered and which are not the subject of a Dispute on the date when MTW provides written notice of termination. Neither MTW nor any Tutor will be liable for any Losses howsoever incurred by you after the date of termination.
  2. If MTW terminates this Agreement and you have already paid Tutor Fees for future, undelivered Tutoring Services, MTW will procure that the Tutor refunds you for such advance payments within 14 days of termination of the Agreement.
  3. MTW reserves the right to prohibit any Student from re-registering on the Site with a different Sponsor.
  4. If you are a Sponsor for more than one Student, MTW’s termination of this Agreement in relation to one Student will not affect any other concurrent or future Agreements that Sponsor may be party to in relation to any other Student(s).
  5. You may end this Agreement with us at any time. Your rights when you end the Agreement will depend on how the Tutor is performing and when and why you end the Agreement. If the MTW Services have been misdescribed, you may have a legal right to:
  1. end the Agreement;
  2. have the MTW Services re-performed; or
  3. receive a partial or full refund.
  1. If you wish to end the Agreement because of something MTW has done or has told you MTW is going to do and which is not in line with this Agreement, you may end the Agreement by sending us written notice to [EMAIL]. If you exercise your rights under this clause 14.11, we shall refund any unused, unexpired MTW Credits.
  1. WARRANTIES AND INDEMNITIES

  1. You hereby warrant, represent and undertake to MTW and the Tutor that:
  1. the Student is at least eighteen years old and, if not, both the Student and the Sponsor will each register separately on the Site;
  2. you are personally and solely responsible for the information you post on the Site and submitted during the Account registration process and you shall ensure that this information is accurate, true, up-to-date and complete at all times;
  3. you are personally and solely responsible for any UGC you use or submit to the Site;
  4. you will comply with the Acceptable User Agreement at all times;
  5. you will comply with your obligations under this Agreement at all times;
  6. you will solely contact a Tutor via the Site;
  7. you will comply with the Data Protection Legislation;
  8. you will comply with all applicable laws, regulations and codes of practice regulating the activities of the Site, including all applicable MTW policies as may be notified to you from time to time;
  9. you will keep your MTW Login confidential in accordance with clause 3.4;
  10. you will be solely responsible for any Disputes arising as a result of the Customer Tools affecting your proper access to and use of the Services;
  11. you have read and understood our Safeguarding Policy which can be accessed [HERE] in respect of child protection and online safety.
  1. You shall indemnify and hold harmless MTW (and any Tutor as the case may be) on demand, and shall keep MTW (and any Tutor) fully and effectively indemnified against any and all Losses incurred by MTW and/or the Tutor arising out of or in connection with:
  1. the Services;
  2. any breach of this Agreement or breach of obligation or warranty by you;
  3. any act or omission by you; and
  4. any and all claims, complaints, actual or threatened legal proceedings instigated by a Tutor against you,

except for and to the extent that any such Losses arise directly as a result of MTW’s negligence or any breach by MTW of this Agreement.

  1. LIMITATION OF LIABILITY

  1. You agree and acknowledge that, subject to clause 16.2, MTW shall in no circumstances whatsoever 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 Services.
  2. Our liability to you whether in contract, tort or otherwise shall in no circumstances exceed the total MTW Payments paid by you in the one-month period preceding the date on which the liability arose.
  3. Nothing in this Agreement is intended to nor shall be construed as an attempt by any party to exclude or limit its liability for any losses which cannot be lawfully excluded or limited, including without limitation:
  1. death or personal injury caused by negligence;
  2. fraud or fraudulent misrepresentation; and
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
  1. The MTW Services are primarily (but not exclusively) designed to be used within the territory of the United Kingdom. Except as expressly set out in this Agreement, MTW gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.
  1. GENERAL

  1. Assignment. You shall not, without the prior written consent of MTW, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this Agreement. MTW 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 this Agreement, save that any assignment or sub-contracting of its obligations under this Agreement by MTW in accordance with this clause 17.1 to a third party which is an agency as defined under Regulation 2 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 shall be subject to your prior consent (such consent not to be unreasonably withheld or delayed).
  2. Enforceability. If any one or more of the provisions of this Agreement 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 this Agreement to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.
  3. Entire agreement. This Agreement together with our Privacy Policy, the Cookie Policy and the Terms of Service constitutes the entire agreement between you and MTW in relation to your use of the Site and the Services and supersedes any prior representations, inducements or agreements relating to its subject matter.
  4. No reliance. Each party acknowledges and agrees that in entering into the terms of this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement other than as expressly set out in this Agreement.
  5. No partnership. Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose.
  6. Notices. Any notice given under this Agreement shall be sent by email, in the case of MTW to support@mytutor.co.uk and in the case of a Customer, to the email address you register in your Account.
  7. Governing law. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
  8. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter of formation.

The terms of this Agreement were last updated on 18/12/2023.


Schedule 1: CUSTOMER CONTRACT

  1. THESE TERMS

  1. These are the terms and conditions on which your chosen Tutor will supply Tutoring Services to you (“the Customer Contract”). Words used in these terms will have the same meaning as those set out in the Agreement between you and MTW and which may be accessed here [].
  2. This Customer Contract is a legally binding agreement between you and the Tutor for the provision of the Tutoring Services. It is separate from and additional to the Agreement between you and MTW. If there is any conflict or ambiguity between this Customer Contract and your Agreement with MTW then the terms of this Customer Contract will apply.
  3. By submitting an order for Tutoring Services with the Tutor, you agree and acknowledge that you have read and understood this Customer Contract.
  4. This Customer Contract sets out who the Tutor is, how the Tutor will provide the Tutoring Services, how you and the Tutor may change or end the Customer Contract, what to do if there is a problem, and other important information.
  5. If you think that there is a mistake in this Customer Contract, or you would like to clarify any part of it, please contact the Tutor.
  1. THE TUTOR

  1. The Tutor’s details are set out in their online profile, which may be accessed via the Site (www.mytutor.co.uk).
  2. You may only contact the Tutor via the Site, for example by Tutor Mail. The Tutor may only contact you via the Site, for example by Tutor Mail. You and the Tutor must not exchange any personal contact details.
  1. BOOKINGS

  1. Your order for Tutoring Services is not accepted until MTW (acting on behalf of Tutors) sends you written confirmation to the email address you used to register your Account. This acceptance of your order confirms your booking and creates a binding and legally enforceable agreement between you and the Tutor, and the terms of this Customer Contract apply to that agreement.
  2. If your order cannot be accepted, either the Tutor or MTW will inform you of this via the Site.
  1. CANCELLATIONS, RESCHEDULING AND NO-SHOWS

  1. The Tutoring Services will be deemed to start on the date when your order is accepted and your booking is confirmed in accordance with paragraph 3.1. This will be the “Tutoring Services Start Date”.
  2. You agree and acknowledge that in accordance with the ‘Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013’, you do not have a statutory right to cancel this Customer Contract and receive a full refund during any cooling-off period on the basis that the Tutoring Services are bespoke and tailored specifically to your individual requirements. If you have any questions about this paragraph 4.2, please contact MTW at support@mytutor.co.uk.
  3. Without affecting paragraphs 4.1 and 4.2, you may cancel your order at any time before you pay the Tutor Fees.
  4. If you wish to cancel the Tutoring Services after you have paid the Tutor Fees the following cancellation terms and charges will apply:
  1. If you cancel or re-schedule a Tutorial 24 hours or less before the scheduled start of the Tutorial, you will not be entitled to receive any refund and no MTW Credits or Additional MTW Credits will be re-credited to your MTW Wallet;
  2.  If you cancel or re-schedule a Tutorial more than 24 hours before the scheduled start of the Tutorial, you will be entitled to either:
  1. a rescheduled Tutorial, subject to the agreement of the Tutor; or
  2. if a rescheduled Tutorial is not agreed, a re-imbursement of the Tutor Fees by way of MTW Credits in your MTW Wallet, subject always to you complying with paragraph 4.5.
  1. You must send all Tutorial cancellation requests (and any credit requests or requests to re-schedule any Tutorial) directly via the Site and in writing to support@mytutor.co.uk with “IMPORTANT – CANCELLATION REQUEST” in the subject line of the email (“the Cancellation Request”).
  2. If you fail to attend a Tutorial without having notified the Tutor or sending a Cancellation Request in advance, you will not be entitled to any credit, refund or re-imbursement of any of the Tutor Fees by any means whatsoever.
  3. If clause 4.4.2.2 applies and you have complied with paragraph 4.5, the correct amount of MTW Credits will be added to your MTW Wallet within 3 days of receipt of your Cancellation Request.
  1. YOUR OBLIGATIONS

  1. When you use the Site and the Tutoring Services, you must comply with any requirements as directed by MTW and the Tutor. You agree that you will:
  1. provide all service, telephone and broadband fees, and any other fees and costs associated with your access to and use of the Tutoring Services;
  2. obtain, use and maintain in good working order all Customer Tools for the proper use of and access to the Services. Any problem or technical issue relating to your personal computer or internet service provider is not the responsibility of MTW or the Tutor and neither MTW nor the Tutor will have any liability whatsoever in relation to any such issue. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;
  3. purchase, install, keep up-to-date and cover all costs of the latest available version of security software to protect against the transmission of viruses and any other malware via your access to and use of the Site and Services;
  4. promptly provide the Tutor with all such information as they may reasonably require in connection with the provision of the Services and update the Tutor promptly if any such information changes;
  5. notify the Tutor immediately if the Student becomes ill or is otherwise unable to fully take part in or attend a Tutorial and comply with the provisions of paragraph 4;
  6.  (i) satisfy yourself as to the suitability of the Tutor to deliver the Tutoring Services; and (ii) verify to your own satisfaction the accuracy of their stated credentials (including training, qualifications and experience), expertise, references, and CRB/DBS information (where applicable). You agree and acknowledge that all CRB/DBS information and any qualifications are self-certified by Tutors and are not verified, validated, endorsed or checked by MTW;
  7. contact a Tutor solely and exclusively via Tutor Mail and MTW instant messaging facility on the Site. You shall not contact a Tutor via any other means;
  8. not act as an agent to promote the services or opportunities of a company; and,
  9. not publish any abusive, defamatory or derogatory comments (or any comment which could be deemed as such) about a Tutor, another Student or any other user on the Site.
  1. You warrant, represent and undertake to the Tutor that:
  1. the Student is at least eighteen years old and, if not, both the Student and the Sponsor will each register separately on the Site; and
  2. you are wholly and solely responsible for the appropriateness and content of any UGC used or submitted by you when accessing and using the Site and Tutoring Services.
  1. TUTOR OBLIGATIONS

  1. The Tutor will perform the Tutoring Services using due care and skill and shall promptly attend each Tutorial.
  1. TUTOR FEES
  1. The provision of the Tutoring Services by the Tutor is subject to your payment of the Tutor Fees to the Tutor.
  2. You will pay the Tutor Fees in accordance with the Agreement between you and MTW.
  3. If you fail to pay any Tutor Fees by the date when they are due, the Tutor may charge interest on any overdue sum, calculated as follows:
  1. Rate. 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
  1.  Period. From when the overdue sum became due, until it is paid.
  1. TERMINATION

  1. Your rights to end the Customer Contract will depend on how the Tutor is performing and when and why you wish to end the Customer Contract.
  2. If the Tutoring Services have been misdescribed, you may have a legal right to:
  1. end the Customer Contract;
  2. have the Tutoring Services re-performed; or
  3. receive a partial or full refund.
  1. You may end the Customer Contract by sending MTW and the Tutor written notice via the Site and by email to [EMAIL] if you wish to end the Customer Contract:
  1. because of something the Tutor has done or has told you they are going to do and which is not in line with this Customer Contract; or
  2. because there is a risk that the supply of the Tutoring Services may be significantly delayed because of events outside of MTW’s and the Tutor’s control.
  1. You do not have a right to change your mind and cancel this Customer Contract in respect of Tutoring Services which have already been provided.
  1. YOUR LEGAL RIGHTS

  1. Nothing in this Customer Contract will affect your legal rights, which are summarised below.

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says:

a) you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

b) If you haven't agreed a price beforehand, what You're asked to pay must be reasonable.

c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also Schedule 1 paragraphs 4 and 8, which cover your contractual rights to change your mind and end the Contract.

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Tutor Terms

THESE TERMS

  1. You must read these terms carefully and ensure that you understand their effect before proceeding to use the Site and MTW Services. If you disagree with any part of this Agreement, do not use the Site or the MTW Services.
  2. These terms and conditions ("the Agreement") govern the licence which MY TUTORWEB LIMITED, a company registered in England and Wales (CRN: 08580263) with registered office at 6th Floor 25 Farringdon Street, London, United Kingdom, EC4A 4AB ("MTW", "we", "us") grants to the Tutor ("you", an individual and not a company) to access and use MTW's virtual online platform (available via the Site), which is dedicated to facilitating the sourcing of Tutors by our Customers.
  3. In this Agreement, references to "Tutor", "you" and "your" are references to the Tutor registered on the Site who wishes to use the MTW Services in order to provide Tutoring Services. When you use the Site and the MTW Services, you agree that this Agreement applies to that use in addition to any other terms and conditions which may apply including the Privacy Policy, the Cookie Policy and the Terms of Service (where applicable) which are incorporated by this reference. If You are uncertain as to Your rights under these Tutor Terms or You want any explanation about them please contact us.
  4. MTW reserves the right to change the terms of this Agreement (or any part of it) at any time, by giving you not less than 15 days' written notice of such changes. If you do not wish to accept the revised Agreement, you should let us know during the 15-day notice period that you wish to end the Agreement. If you continue to provide Tutoring Services through the Site after this notice period, you will be deemed to have accepted any changes to the Agreement.

1. INTERPRETATION

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 MTW Services via your MTW Login.

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 MTW Services via your MTW Login.

Additional MTW Credits refers to credits that are credited to Sponsor's Account by MTW as a result of, for example: 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 by a Tutor other than by means of a redemption in respect of Tutoring Services.

Customer means a person using the Site for the provision of Tutoring Services, whether that be the Student or (if the Student is under 18 years old), the Student's Sponsor.

Customer Contract means the contract between the Customer and you.

Customer Ratings means the ratings left by a Customer 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 to or obtained by you under this Agreement from MTW, before or after the date of this Agreement and in confidence (whether in writing, verbally or by other means, whether directly or indirectly, and in any form) or any information which is confidential in nature, relating to the business or prospective business, current or projected plans or internal affairs of MTW including (without limitation) information pertaining to Customers, logging in, Customer Ratings or other feedback, MTW correspondence and any other commercial, financial or technical information or other information relating to the business or prospective business of MTW which might reasonably be considered to be confidential in nature.

Current Account means your bank account which will accept payments by BACS.

Data Protection Legislation means the Data Protection Act 2018, the UK GDPR (as defined in the Data Protection Act 2018), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), 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 Customer (including any low Customer Rating) or any complaint made by a Customer or any other dispute or potential dispute or claim of a Customer in connection with the provision of the Tutoring Services rendered by you, or with the provision of the MTW Services which is communicated to you.

Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trade marks and service marks, 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 which subsist now or in the future 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 means any content relating to the Tutoring Services including (without limitation) images, videos (audio and/or visual), text, music, trademarks, symbols, logos and slogans.

Meet The Tutor Session is an optional unpaid interview between you and a new Customer lasting approximately 15 minutes, which provides an opportunity for you to generate work and expand your Student base.

MTW Login refers to your unique username and password.

MTW Services includes: the provision of an online platform whereupon MTW provides an online marketplace for Customers to contact Tutors; the Site; technical functionality for Customers to receive your Tutoring Services; a database of Tutors; back-office support including customer services, billing, website; and, IT services including the use of the virtual Tutorial space.

Platform Fee means the fee charged by MTW to the Customer for the provision of the MTW Services to the Customer.

PoCA List means the Protection of Children Act.

PoVA List and List 99 means to the Protection of Vulnerable Adults scheme.

Recording means a recording of any Tutorial or 'Instant Help Session' which can be viewed for up to 3 months thereafter.

Refund Event means any event where a refund of all or part of any Tutor Fees is issued to the Customer by the Tutor, and as further detailed in clause 6.3.

Site means a website owned and managed by MTW including www.mytutor.co.uk.

Sponsor means the party entering into the Customer Contract for Tutoring Services on behalf of the Student (being either parent, guardian, carer or similar if the Student is aged under 18), or, if the Student is aged 18 or over, the Sponsor and the Student may be the same person.

Student means a person receiving the Tutoring Services from you via the Site.

Tools means the minimum hardware and connectivity requirements for you to be able to deliver your Tutoring Services using 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.

Tutor or you means a tutor who has been allowed access to the Site and MTW Services to carry out the Tutoring Services to Customers.

Tutor Bank Account means the bank account where Tutor Fees are held on behalf of the Tutor prior to the completion of the lesson or 'Instant Help Session' and MTW transferring the Tutor Fees to Tutors.

Tutor Fees means the amounts payable by the Customer directly to you for the Tutoring Services.

Tutorial(s) refers to the online pre-booked tutoring session which is booked by a Customer with you via the Site.

Tutorial Fee means the Tutor Fees and the Platform Fee payable by the Customer for each Tutorial.

Tutor Mail means the internal email system available for Customers to contact Tutors and vice versa via the Site.

Tutoring Services means the Tutor's provision of Meet the Tutor Sessions and online Tutorials by way of individual lessons in real-time suitably tailored to meet the individual requirements of the Students.

UGC means user generated content provided (including Materials as defined above), 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 (without limitation): 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 MTW and a Customer.

VAT means value added tax chargeable under English law for the time being and any similar additional tax.

  1. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
  2. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
  3. A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time.
  4. A reference to writing or written includes email but not fax.
  5. Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.

2. BECOMING A TUTOR

2.1. At our discretion, we may authorise you to use the Site and the MTW Services to deliver the Tutoring Services in accordance with this Agreement.

2.2. Subject to the provisions of clause 12.8, MTW reserves the right to terminate this Agreement, the MTW Services and access to the Site if you are inactive on the Site for a continuous period of 1 month. If we exercise our rights under this clause 2.3 then you will not be permitted to re-access the Site or login to your Account without our express written permission.

2.3. Where terminated, MTW shall deactivate Your MTW Login and Account promptly.

3. TUTOR OBLIGATIONS

3.1. When you use the Site, you must comply with our reasonable directions, including those relating to the protection of Students' safety as amended from time to time and in accordance with this Agreement.

3.2. You must comply with our Safeguarding Policy, Code of Conduct and any other policies which we may publish on the Site from time to time (the "Mandatory Policies"). We may terminate this Agreement with immediate effect with or without prior notice to you if you commit, or we suspect that you have committed a breach, of any part of the Mandatory Policies, as further described in clause 12.

3.3. You agree and acknowledge that our reasonable directions and the Mandatory Policies are in place to protect the safety of Tutors, Customers and Students. Where applicable, you agree to provide all assistance reasonably required, including in relation to the protection of Students' safety, and report any concerns to us as soon as possible by following the instructions available at https://www.mytutor.co.uk/safeguarding-procedures/

3.4. Use of the Site is entirely at your own risk and you must exercise complete caution at all times when dealing with Customers and when entering into legally enforceable Customer Contracts to provide Tutoring Services to a Customer.

3.5. You further and specifically agree to:

3.5.1. provide, on our request:

3.5.1.1. confirmation of your identity;

3.5.1.2. confirmation of your experience;

3.5.1.3. copies of any relevant training records, qualifications or authorisations;

3.5.1.4. two written references from persons who are not your relatives and who have agreed that the reference provided may be disclosed to the Sponsor and the Student;

3.5.1.5. and/or any other information we may reasonably request.

3.5.2. authorise MTW to act as your agent to agree the Customer Contract on your behalf and collect Tutor Fees (as further detailed in clause 6.3);

3.5.3. provide MTW with your Current Account details which must be a UK current account and held in the Tutor's name;

3.5.4. assume all responsibility in your role as Tutor and for the provision of Tutoring Services to the Customer which includes the preparation and content of lessons;

3.5.5. advise MTW at the earliest opportunity of any issue relating to your access to the Tools;

3.5.6. accept full responsibility for any Dispute which may arise in connection with your use, misuse or any malfunctioning of your Tools;

3.5.7. obtain, use and maintain in good working order your Tools. Any problem or technical issue connected to your personal computer or internet service provider is not the responsibility of MTW and MTW shall have no liability whatsoever in relation to any such issue. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;

3.5.8. act at all times in accordance with the highest professional standards and not act in any way which could bring MTW into disrepute;

3.5.9. only accept instructions and Tutorials within your area of expertise, and that are within your abilities and competency;

3.5.10. and ensure that any information provided by You to MTW and a Customer remains true, accurate, up-to-date and complete at all times during the duration of this Agreement.

3.6. You shall notify the Customer immediately if you become ill or otherwise incapable and unable to provide the Tutoring Services.

3.7. If clause 3.6 applies and depending on the specific circumstances, MTW and Tutor shall discuss in good faith a possible delay of the Tutoring Services. During such discussions, you shall notify MTW of what you propose to agree between you and the Customer regarding the delay or reassignment of those Tutoring Services to another Tutor.

3.8. Notwithstanding clause 3.7, and anything proposed or agreed thereunder, we reserve the right to take any action if clause 3.6 applies.

3.9. You agree at all times to comply fully with our Acceptable User Agreement, as may be updated from time to time.

3.10. Without prejudice to any other right or remedy we may have, we reserve the right to suspend or deactivate your MTW Login, Account and access to the Site and any part of our platform without notice at any time for any actual or suspected breach of any of your obligations under this Agreement.

4. MTW OBLIGATIONS

4.1. MTW agrees to:

4.1.1. subject to clause 4.2, provide the MTW Services with all due care, skill and ability and in a timely manner and in the best interests of the Customer and the Tutor;

4.1.2. devote as much time to the provision of the MTW Services as may be necessary for their proper performance;

4.1.3. provide promptly and give to the Tutor all such information as they may reasonably require in connection with the provision of the MTW Services.

4.2. We may suspend or withdraw or restrict the availability of all or any part of the Site and the MTW Services for business and operational reasons, including regular (and emergency) maintenance and upgrades. Where reasonably possible, these activities shall be notified to you in advance.

4.3. MTW shall use reasonable endeavours to make the MTW Services and Site available to all Tutors on an “as is” basis. MTW makes no warranty, guarantee or representation as to, and accepts no liability whatsoever in connection with, the availability or suitability of the Site and/or the MTW Services.

4.4. You agree and acknowledge that, in exceptional cases, there may be other reasons relating to incompatibility (for example) as to why you may be unable to access all or part of the MTW Services or Site.

4.5. MTW shall not be responsible nor liable as a result of any act or omission by you relating to your inability to access all or part of the MTW Services or Site, including (without limitation):

4.5.1. resultant feedback (echoes), audio breakups, video or sound delays;

4.5.2. your failure to use or configure any Tools or other equipment;

4.5.3. your failure to at least meet the minimum system requirements of the Tools.

4.1. You agree and acknowledge 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 relating to your own internet provider. Under such circumstances, you agree that the Tutoring Service shall continue without video and confirm that this is acceptable to you in all circumstances. You agree that any such failure of your video shall not materially affect the standard of the Tutoring Services.

5. TUTOR FEES AND STATUS

5.1. You will not be charged by MTW for your use of the Site or the MTW Services. MTW and the Tutor will agree the Tutor Fees payable per Tutorial in advance, via the Site.

5.2. You acknowledge that the Tutorial Fee published on the Site is made up of the Tutor Fees and the Platform Fee. The Tutor Fees are reviewable by Tutors and MTW and any revised fees and charges shall be effective immediately upon being published on the Site and will be applicable to all bookings made after such publication.

5.3. You authorise MTW to act as your agent to accept the Tutor Fees from the Customer via any forms of payment (as may be approved by MTW and notified on the Site from time to time) in connection with the provision of the Tutoring Services on the Tutor’s behalf.

5.4. MTW holds all Tutor Fees (which will be calculated with reference to undisputed and completed Tutoring Services) for the Tutor in a dedicated Tutor Bank Account for a limited time before releasing such Tutor Fees to you in accordance with clause 6 below.

5.5. You agree and acknowledge that:

5.5.1. you are self-employed under the Customer Contract;

5.5.1. and you are directly responsible to HMRC for all matters regarding Income Tax, VAT and relevant National Insurance contributions.

5.6. You agree and acknowledge that nothing in this Agreement forms or constitutes a contract of employment between you and MTW. You shall be fully responsible for and indemnify MTW against any liability, assessment or claim (whether actual or threatened) for any employment-related claim or any claim based on worker status brought by you relating to your Tutoring Services. This indemnity shall include all expenses and costs, including legal fees, incurred by MTW in dealing with any such actual or threatened claim brought by you or by somebody on your behalf.

5.7. You will keep records of payments of Tutor Fees paid to you for the completion of annual Tax Returns.

5.8. You hereby agree to fully indemnify MTW for or against all and any demands by HMRC to MTW for Income Tax, VAT or National Insurance, or any other claim by HMRC, including any interest or penalties, arising in connection with 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 MTW in dealing with any such claim by HMRC.

5.9. Nothing in this Agreement shall prevent you from being engaged in, concerned with or from having any financial interest in any capacity in any other business, trade, profession or occupation during the term of this Agreement provided that such activity does not cause a breach of any of your obligations under this Agreement.

5.10. The Customer Contract set out in the Schedule to this Agreement will be issued by MTW to the Customer at the time MTW accepts the Customer's order and forms the contract between the Tutor and the Customer for the provision of the Tutoring Services.

5.11. The total fees payable to MTW by the Customer are calculated on the following basis: Tutor Fees + Platform Fees = total Customer pays. Platform Fees are charged on a per transaction basis. Each Platform Fee is an amount equal to a maximum of 49% of the total fees payable to MTW by the Customer.

5.12. MTW charges Platform Fees in order to provide the following MTW Services (without limitation):

5.12.1. safe and secure platform governed by a safeguarding and legal team, safeguarding and legal processes including DBS checks to ensure lessons are safe and compliant;

5.12.2. Tutor recruitment, selection and safeguarding training activities, including recruiting, screening, interviewing, and vetting of Tutors to ensure our Tutors are of the highest quality;

5.12.3. Meet The Tutor Sessions;

5.12.4. customer service teams and processes to ensure any Customer issues are dealt with efficiently and effectively;

5.12.5. tutor services teams and processes to ensure any Tutor issues are dealt with efficiently and effectively;

5.12.6. payment systems and processes to ensure all payments are timely and accurate; and

5.12.7. other operational costs relating to running our business such as operations, customer marketing costs, cybersecurity, technical maintenance and platform improvement.

6. SETTLEMENT

6.1. MTW shall pay to you the Tutor Fees collected by MTW on your behalf.

6.2. MTW shall provide a self-remittance invoice to you for Tutoring Services every two weeks setting out the hours that you have worked, as recorded by you, during the preceding month. More details on the payment process is set out in our FAQs.

6.3. If any Refund Event occurs before you have received the relevant Tutor Fees from MTW, MTW will be entitled in its sole discretion to refund all or part of any relevant Tutor Fees to the Customer on behalf of the Tutor. In such circumstances, the Tutor will receive either no Tutor Fees or only part of the Tutor Fees as agreed by MTW and the Customer, in respect of the relevant Tutorial(s).

6.4. If any Refund Event occurs after the Tutor has received the relevant Tutor Fees from MTW, MTW shall be entitled to withhold sufficient monies and offset any amounts payable to the Tutor by the Customer under the Customer Contract (including any Tutor Fees collected by MTW in respect of any Tutoring Services or Tutorials provided by you) in order to refund the Customer with monies equal to the refundable Tutor Fees.

6.5. Provided that:

6.5.1. a Tutorial has been completed with both you and the Student present;

6.5.2. and no Refund Event has occurred, you have sole discretion as to whether to issue the Customer with a refund in accordance with the terms of the Customer Contract.

6.6. Without prejudice to any other rights or remedies, and notwithstanding the provisions of clauses 6.3 and 6.4, you shall be responsible for all chargebacks and/or refund requests for Tutorials and Tutoring Services provided and you shall indemnify MTW against all Losses resulting from any such chargebacks and/or refund requests on a full indemnity basis.

6.7. MTW shall be entitled to make any settlement payment to you by BACS to your Current Account (or to such other bank account as the parties may agree in writing).

6.8. If either party fails to make any undisputed payment due under this Agreement within 10 days of the due date for payment, the other party 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% above the base rate per annum from time to time of Barclays Bank plc.

6.9. For the avoidance of doubt, any Tutor Fees payable to you shall not be affected where MTW has provided a Customer with Additional MTW Credits to redeem against Tutoring Services and the Customer redeems such Additional MTW Credits.

7. INTELLECTUAL PROPERTY

7.1. If you publish any UGC via the Site by way of (without limitation): delivering lessons, uploading text or images or videos or contributing to publicly accessible areas of the Site, you automatically and immediately grant:

7.1.1. to MTW, a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (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 MTW 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 MTW Services (and derivative works thereof) in any media formats and through any media channels;

7.1.2. to each user of the MTW Services whether registered as a Tutor or Customer or otherwise, a worldwide, non-exclusive, perpetual, royalty-free licence to access your UGC through the MTW Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the MTW Services and under the terms of this Agreement.

7.2. “Publicly accessible” areas of the Site are intended by MTW to be those parts of the Site which are available to any user of the Site whether that person is registered on the Site or not. You agree and acknowledge that any UGC uploaded by you to create your Tutor profile shall be viewable by all users of the Site and be accessible via worldwide web search engines.

7.3. You acknowledge that all Tutorials that you deliver may be recorded and you agree to the storage and use of such Recordings by MTW. You hereby agree to waive any and all moral rights in and to all UGC.

7.4. You hereby agree and warrant that any UGC you use in the provision of your Tutoring Services will not contain any third-party copyright material, or material which 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 licences referred to in clause 7.1.1 and 7.1.2.

7.5. All Intellectual Property Rights in all Materials produced by you pursuant to using the MTW Services shall be your property. For the avoidance of doubt, this clause does 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 other Tutors.

7.6. You shall indemnify MTW against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by MTW arising out of or in connection with any claim made against MTW for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with an claim by any third party including a Customer that the Tutoring Services or UGC provided by you infringe its rights.

7.7. If any third party makes a claim or notifies an intention to make a claim against MTW which may reasonably be considered likely to give rise to a liability under this indemnity (“a Claim”), MTW shall:

7.7.1. as soon as reasonably practicable, give written notice of the Claim to you, specifying the nature of the Claim in reasonable detail;

7.7.2. not make any admission of liability, agreement or compromise in relation to the Claim without your prior written consent (such consent not to be unreasonably conditioned, withheld or delayed), provided that MTW may settle the Claim after giving prior written notice of the terms of settlement (to the extent legally possible) to you, but without obtaining your consent, if MTW reasonably believes that failure to settle the Claim would be prejudicial to it in any material respect;

7.7.3. give you and your professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within the power or control of MTW, so as to enable you and your professional advisers to examine them and to take copies (at your expense) for the purpose of assessing the Claim;

7.7.4. you shall give MTW sole authority to avoid, dispute, compromise or defend the Claim.

7.8. If a payment due from you under this clause is subject to tax (whether by way of direct assessment or withholding at its source), MTW shall be entitled to receive from you such amounts as shall ensure that the net receipt, after tax, to MTW in respect of the payment is the same as it would have been were the payment not subject to tax.

7.9. The Intellectual Property Rights contained on the Site or in the MTW Services cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without MTW’s prior written permission.

7.10. You acknowledge that all Intellectual Property Rights in and relating to MTW Services and the Site are owned by MTW or MTW’s Licensors.

8. CANCELLATIONS, RE-SCHEDULING, NO-SHOW

8.1. Where you and the Customer agree to cancel the Tutoring Services pursuant to the Customer Contract, we may repay any relevant Tutor Fees to the Customer by way of credit.

8.2. If you do not attend an arranged lesson without having cancelled it, or if you repeatedly cancel Tutorials, we may terminate this Agreement between you and MTW under clause 12.

8.3. MTW will record details of all cancellations and no-shows by you on its records for a period of 12 months after the event.

8.4. All cancellations by you must be made in writing in advance, directly via the Site and to the Customer, in accordance with the Customer Contract.

9. CLIENT RATINGS, DISPUTES AND OTHER ACTIVITIES

9.1. Customers may submit Customer Ratings via the Site and the MTW Services.

9.2. At its sole discretion, MTW may investigate any negative Customer Ratings (which shall be a rating of 1, 2 or 3 out of 5) or where a Tutor or a Customer reports or raises any feedback, issues or concerns that they might have with the other at any time. Irrespective of whether such feedback is positive or more akin to a Dispute, MTW will have full discretion as to whether it informs you of such feedback.

9.3. MTW will use all reasonable endeavours to provide a written response via email to any issue or concern raised by a Customer or a Tutor via the Site within 14 days. MTW reserves the right to inform a Tutor or a Customer respectively of any Dispute raised against them and to provide them with a copy of any response provided by MTW.

9.4. MTW may, at its sole discretion:

9.4.1. investigate any negative Customer Ratings (which shall be a rating of 1, 2 or 3 out of 5) or Dispute;

9.4.2. investigate any feedback, issues or concerns raised by either a Tutor or a Customer about the other at any time;

9.4.3. if clauses 9.3.1 or 9.3.2 apply, suspend or terminate your Account, revoke the licence granted to you under this Agreement to use the Site and the MTW Services, and/or terminate this Agreement with immediate effect under clause 12.

9.5. 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 MTW.

9.6. During the term of this Agreement, you shall inform MTW immediately if You become aware of any Dispute or potential Dispute between a Customer and you and/or MTW in connection with the provision of the Tutoring Services.

9.7. You agree to cooperate fully with MTW in resolving any Dispute with a Customer.

9.8. In the event of a Dispute prior to the Tutor's receipt of the relevant Tutor Fees, MTW reserves the right to withhold the relevant Tutor Fees in accordance with clause 6.4 until the Dispute has been resolved.

9.9. The outcome of any Dispute instigated by you or a Customer is entirely at the discretion of MTW (acting reasonably).

10. DATA PROTECTION AND PRIVACY

10.1. In respect of any Personal Data (as defined in the Data Protection Legislation) processed by MTW and the Tutor pursuant to these Tutor Terms:

10.1.1. MTW and the Tutor shall each be an independent data controller;

10.1.2. and each party shall ensure it complies and will continue to comply with the Data Protection Legislation and any regulations made thereunder.

10.2. Without limiting its obligations under clause 10.1.2, in respect of any Personal Data the Tutor shall:

10.2.1. have and maintain such valid registrations as are required by the UK Information Commissioner’s Office and its national supervisory authority (as defined in the applicable Data Protection Law) which covers the data sharing under or in connection with these Tutor Terms, unless an exemption applies;

10.2.2. only process the Personal Data of each Customer or Student for the purpose of providing the Tutoring Services to that Customer or Student (the “Agreed Purpose”);

10.2.3. ensure that it has a legitimate lawful basis for processing all Personal Data processed by it;

10.2.4. ensure that it provides clear and sufficient information to the individuals whose Personal Data it processes as required by the Data Protection Legislation (a “Privacy Policy”);

10.2.5. only process such Personal Data in accordance with its Privacy Policy;

10.2.6. ensure it (or its staff, as applicable) is appropriately trained to handle and process the Personal Data;

10.2.7. comply with, and provide such assistance as is reasonably required to enable MTW to comply with, data subject rights requests within the time limits required by the Data Protection Legislation;

10.2.8. not disclose or transfer Personal Data outside the UK or European Economic Area without prior written agreement from MTW and ensuring that such disclosures or transfers are subject to appropriate safeguards required by the Data Protection Legislation;

10.2.9. if it appoints a third party processor (as defined in the Data Protection Legislation), comply with the Data Protection Legislation and remain liable to MTW for the acts and/or omissions of the processor;

10.2.10. have in place appropriate technical and organisational security measures to prevent unauthorised or unlawful processing of the Personal Data; prevent the accidental loss or destruction of, or damage to, the Personal Data; and ensure a legal of security appropriate to the nature of the Personal Data and the harm that might result from unauthorised or unlawful processing or accidental loss, destruction or damage;

10.2.11. comply with its obligations to report Personal Data breaches to the UK Information Commissioner’s Office or the appropriate supervisory authority, and (where applicable) the individuals whose Personal Data is affected; and

10.2.12. not retain or process the Personal Data for longer than is necessary to carry out the purposes set out in the Privacy Policy, except as required in accordance with any applicable statutory or professional retention periods.

10.3. MTW’s Privacy Policy and Cookie Policy (as may be accessed via the Site and as may be updated from time to time) apply to your use of the MTW Services.

10.4. Use of the Site is entirely at your own risk and you must exercise complete caution at all times when dealing with Customers and when entering into legally enforceable Contracts to provide Tutoring Services to a Customer.

11. CONFIDENTIAL INFORMATION AND PUBLICITY

11.1.1. The parties acknowledge that by reason of their relationship under this Agreement, they may from time to time disclose Confidential Information.

11.1.2. Each party shall, during the term of this Agreement and for 5 years 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.

11.1.3. Each party shall use its best endeavours to prevent the unauthorised disclosure of any such information.

11.1.4. Confidential Information shall not include information which:

11.4.1. 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;

11.4.2. is or has been independently acquired or developed by the receiving party without violating any of the confidentiality obligations in this Agreement;

11.4.3. was within the receiving party’s possession prior to it being furnished to the receiving party by or on behalf of the disclosing party;

11.4.4. is received from a source other than the disclosing party, provided that, in the case of 11.4.3 and 11.4.4 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.

11.1.5. The terms of this Agreement are confidential and may not be disclosed by one party without the prior written consent of the other party.

11.1.6. On termination or expiry of this Agreement, you shall immediately:

11.6.1. return all Confidential Information in your possession together with all copies thereof; or

11.6.2. if required or requested by MTW 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 MTW that the same has been done.

12. TERMINATION AND SUSPENSION

12.1. This Agreement shall commence on the date you sign up to the Site (“the Effective Date”) and shall continue unless terminated by MTW under this clause 12.

12.2. MTW may suspend or terminate this Agreement and your access to the Site and the MTW Services immediately by serving written notice (including details of our reasons) on or if:

12.2.1. MTW finds or reasonably suspects that any information provided by you is untrue, inaccurate, out-of-date, or incomplete;

12.2.2. your rating by Customers is deemed by MTW (acting reasonably) to be unsatisfactory;

12.2.3. you act in any way that has brought, or could bring, MTW in to disrepute;

12.2.4. you are convicted of a criminal offence or are the subject of any investigation, which may in MTW’s opinion impact Student safety;

12.2.5. you are in material breach of this Agreement; or

12.2.6. you do not use the Site or MTW Services, or your Account is inactive, for a continuous period of 1 month.

12.3. You may contact us to discuss any of the issues raised in any notice issued by us under clause 12.2 using the contact methods set out on the Site.

12.4. Without prejudice to clauses 12.2 and 12.3, MTW may terminate this Agreement by giving you 30 days written notice if:

12.4.1. you commit a material breach of any term of this Agreement and (if such breach is remediable) you fail to remedy that breach within a period of 30 days after being notified in writing to do so;

12.4.2. you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the IA 1986;

12.4.3. you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation; or

12.4.4. you do not use the Site or MTW Services, or your Account is inactive, for a continuous period of 1 month;

12.5. If you repeatedly breached any of the terms of this Agreement, we may immediately terminate this Agreement with you by serving written notice.

12.6. Either Party may terminate this Agreement for convenience without compensation by 30 days written notice on the other.

12.7. Upon termination of this Agreement, you will be entitled to receive payment of Tutor Fees for all Tutoring Services already successfully delivered and which are not the subject of a Dispute as at the date of termination.

12.8. Termination or expiry 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.

12.9. If we suspend or terminate this Agreement, MTW may deactivate your MTW Login and Account immediately and without notice.

13. DISCLOSURE AND BARRING SERVICE (“DBS”) CHECKS

13.1. In view of the rules and regulations around working with children and vulnerable people, we will need to undertake various onboarding checks before you may provide Tutoring Services, which include a clear ‘Enhanced’ DBS check result (more information on this can be found here).

13.2. If you do not hold a valid Enhanced DBS check (which must have been issued within the 12 months immediately prior to the Effective Date) when you apply to provide Tutoring Services, you may be offered to arrange one via our third-party provider. If this clause applies, you agree and acknowledge that:

13.2.1. we will pay the fees associated with obtaining the DBS check (“DBS Charges”) on your behalf;

13.2.2. obtaining an enhanced DBS check is solely your liability and it is not the liability of MTW and, as such, we may deduct the amount of the DBS Charges paid by us under clause 13.2.1 from the Tutor Fees payable to you.

13.3. If you have not accrued sufficient Tutor Fees from which we may deduct the amount of any DBS Charges already paid by us in accordance with clause 13.2.1 within 100 days from the date on which we paid the DBS Charges we will notify you of this fact and of the DBS Charges falling due.

13.4. If clause 13.3 applies, you will pay to us the DBS Charges due to us within 7 days of us notifying you in accordance with clause 13.3. If we have not received the DBS Charges due to us by the 15th day after the date on which we notified you in accordance with clause 13.3, we reserve the right to take enforcement action (which may include commencing proceedings) to recover from you the DBS Charges and any interest as may be lawfully recoverable by us.

13.5. The provisions of clauses 13.2, 13.3 and 13.4 shall survive termination or expiry of this Agreement for whatever reason. The provisions of this clause 13 shall be without prejudice to any other right or remedy we may have under this Agreement.

14. WARRANTIES AND INDEMNITIES

14.1. You hereby warrant, represent and undertake to MTW that:

14.1.1. you are at least 18 years of age and you have the necessary qualification(s) and/or experience to provide the Tutoring Services in the subject(s) you offer in your profile on the Site;

14.1.2. you are personally responsible for the information posted by you on the Site and submitted to MTW which includes any pre contractual information, and which shall be accurate and up-to-date;

14.1.3. where your profile claims that you have undergone a CRB/DBS or enhanced CRB/DBS check, you have done so, you shall continue to be covered by such checks throughout the term of this Agreement and you will provide us with a copy of such upon request;

14.1.4. any references or referee details provided by you relate to individuals not related to you who have agreed that any reference provided may be disclosed to the Sponsor and the Student;

14.1.5. you are self-employed and responsible for your own income tax, national insurance contributions and other liabilities payable and as further referred to in clause 5;

14.1.6. you are legally entitled to work in the UK on a self-employed basis;

14.1.7. you are wholly responsible for the appropriateness and the content of any UGC used and/or submitted by you;

14.1.8. you will comply with all the Tutor obligations set out at clause 3;

14.1.9. you will only ever contact a Customer via the Site;

14.1.10. you will at all times comply with the provisions of the Data Protection Legislation;

14.1.11. yn providing or offering your Tutoring Services via the Site and using the MTW Services, 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;

14.1.12. you are not VAT registered and will not charge a Customer VAT for your Tutoring Services;

14.1.13. you have read, understood and familiarised yourself with our Safeguarding Policy and procedures which can be accessed here in respect of child protection and online safety, and will fully comply with the same at all times;

14.1.14. 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).

14.2. You shall indemnify and hold harmless MTW (and any MTW Customer as the case may be) on demand, and shall keep MTW (and any MTW Customer) fully and effectively indemnified against any and all Losses arising out of or in connection with:

14.2.1. 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 MTW or by MTW’s negligence);

14.2.2. and any and all claims, complaints or legal proceedings instigated by a Customer against MTW relating to the Tutoring Services.

15. LIMITATION OF LIABILITY

15.1. You agree that, subject to clause 15.3 and 15.4, 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 MTW Services.

15.2. Our liability to you whether in contract, tort or otherwise shall in no circumstances exceed the total Tutor Fees earned by you in respect of Tutoring Services provided by you using the MTW Services and Site in the 12 months preceding the date on which such liability arose.

15.3. Nothing in this Agreement limits any liability which cannot legally be limited, including but not limited to liability for:

15.3.1. death or personal injury caused by negligence;

15.3.2. fraud or fraudulent misrepresentation;

15.3.3. and breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

15.4. Except as expressly set out in this Agreement, MTW gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.

16. GENERAL

16.1. Notices. Any notice given under this Agreement shall be sent by email, in the case of MTW to support@mytutor.co.uk and in the case of a Tutor to the email address you register in your Account.

16.2. Assignment. You shall not, without the prior written consent of MTW, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this Agreement. MTW 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 this Agreement, save that any assignment or sub-contracting of its obligations under this Agreement by MTW in accordance with this clause 16.2 to a third party which is an agency as defined under Regulation 2 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 shall be subject to the Tutor's prior consent (such consent not to be unreasonably withheld or delayed).

16.3. Enforceability. If any one or more of the provisions of this Agreement 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 this Agreement to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.

16.4. Entire agreement. This Agreement together with our Privacy Policy, the Cookie Policy and the Terms of Service constitutes the entire agreement between you and MTW in relation to your use of the Site and the MTW Services and supersedes any prior representations, inducements or agreements relating to its subject matter.

16.5. No reliance. Each party acknowledges and agrees that in entering into the terms of this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement other than as expressly set out in this Agreement.

16.6. No partnership. You and MTW 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.

16.7. Governing law. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

16.8. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter of formation.

The terms of this Agreement were last updated on 18/12/2023.

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Tutoring Agreement (Schools)

This Tutoring Agreement (the “Agreement”) governs the Tutoring Services which You provide to Us for the benefit of the Students of our Clients, via the Site. Should You engage in the provision of tutoring directly to private clients via the Site (i.e. outside of Your provision of Tutoring Services to the Students of our Clients) different terms apply and they can be accessed here. Your acceptance of this Tutoring Agreement does not affect your status in respect of any direct private tutoring you may provide subject to separate terms.

1. DEFINITIONS

  1. a) 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 MTW Services via Your MTW Login.
  2. b) Clients means those clients of MTW for whom We shall engage You to provide Tutoring Services.
  3. c) Equipment means the minimum hardware and connectivity requirements for You to be able to deliver Tutoring Services using 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.
  4. d) MTW/We/Us means MyTutorWeb Limited, a company registered in England and Wales (No. 08580263) with a registered office at: 6th Floor 25 Farringdon Street, London EC4A 4AB.
  5. e) MTW Login refers to Your unique username and password.
  6. f) MTW Services means the provision of tutoring services by MTW to its Clients via the Site.
  7. g) Site means a website owned and managed by MTW including www.mytutor.co.uk.
  8. h) Student means a student of one of our Clients receiving the Tutoring Services from You pursuant to this Agreement via the Site.
  9. i) Tutor Content means user generated content provided 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 MTW and Clients.
  10. j) Tutoring Services means the provision of online Tutorials by You to the Clients by way of individual lessons in real-time suitably tailored to meet the individual requirements of the Clients.

2. TERM

This Agreement applies from the date You accept the Agreement by clicking accept on the Site (the “Effective Date”) and shall continue unless and until this Agreement is terminated in accordance with clause 11 (Termination).

3. DUTIES

3.1 You shall provide the Tutoring Services from the Effective Date as agreed from time to time in writing. You are under no obligation to accept any work offered by the Us at any time, but where You do so You agree to comply with the obligations set out in this Agreement.

3.2 You acknowledge that the ultimate beneficiary of the Tutoring Services will be the Students of the Clients. You agree to meet the requirements for the Tutoring Services for each of the Students of the Clients.

3.3 You shall use Your best endeavours to promote our interests and, unless prevented by ill health or accident, provide, as agreed in accordance with clause 2 above as agreed the Tutoring Services delivered as agreed with Us and the Clients via the Site.

3.4 If You are unable to provide the Tutoring Services,You must notify the MyTutor Tutors Team as soon as reasonably practicable by contacting Us at support@mytutor.co.uk, so that We can arrange a replacement tutor. In order to comply with legal obligations around safeguarding of Students, confidentiality and data protection requirements and to provide a great service to our Clients, You must not arrange for anyone else to provide the Tutoring Services on Your behalf unless agreed in advance by Us.

3.5 You must comply with our Safeguarding Procedure, Code of Conduct and any other policies which we may publish on the Site from time to time.

3.6 You confirm that You are legally entitled to work in the UK without any additional immigration approvals and agree to notify Us immediately if You cease to be so entitled at any time.

3.7 You will not be paid for any period during which You do not provide Tutoring Services, including where You are unavailable to provide Tutoring Services due to illness or incapacity.

3.8 You shall:

  1. a) Provide Your own Equipment required for the Tutoring Services;
  2. b) ensure that You are available at all times on reasonable notice to provide such assistance or information as we may require;
  3. c) have no authority (and shall not hold yourself out as having authority) to bind us, unless we have specifically permitted this in writing in advance;
  4. d) comply with the Bribery Act 2010. Failure to do so may result in the immediate termination of this Agreement;
  5. e) not engage in any activity, practice or conduct which would constitute either a UK tax evasion facilitation offence or a foreign tax evasion facilitation offence under the Criminal Finances Act 2017. Failure to do so may result in the immediate termination of this Agreement;
  6. f) not knowingly engage in any activity which constitutes or facilitates cheating or plagiarism by a Student. You agree to contact Us immediately in the event that You suspect this type of activity is occurring or may occur and provide reasonable assistance in any subsequent investigation by Us;
  7. g) assume all responsibility for Your role as Tutor and for the provision of Tutoring Services to the Client which includes the content of lessons;
  8. h) obtain, use and maintain in good working order Your Equipment. Any problem concerning a technical issue regarding a Tutor’s personal computer or internet service provider is not the responsibility of MTW. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;
  9. i) provide all assistance reasonably required, including in relation to the protection of Students’ safety, and report any concerns to us as soon as possible by following the instructions available at https://www.mytutor.co.uk/safeguarding-procedures/. Such directions are in place to protect the safety of Students.

3.9 We authorise You to use the Site and any other services provided to You by MTW to deliver the Tutoring Services. You agree that this Agreement applies to that use in full.

3.10 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 MTW 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 MTW immediately by email at support@mytutor.co.uk of any unauthorised use of Your Account of which You become aware (with “IMPORTANT – PASSWORD” in the subject line).

3.11 Where terminated, MTW shall deactivate Your MTW Login and Account promptly.

4. ARRANGEMENTS FOR THE PROVISION OF TUTORING SERVICES

4.1 You will provide the Tutoring Services remotely, which will generally be from Your home address or such other place as enables You to comply with your duties in clause 3 (the “Location”). You confirm that You are not and will not be in breach of any covenant or agreement in carrying out the Tutoring Services from the Location.

4.2 You confirm that You will provide the Tutoring Services in Your personal capacity and not via any third-party intermediary. You warrant that You are not registered for VAT and accordingly no VAT is payable in respect of Your fees for the Tutoring Services.

4.3 This Agreement does not impose any ‘normal’ hours of work and You will provide Tutoring Services on an "as required" basis. Your hours will vary according to Our needs and Your availability to provide Tutoring Services.

4.4 You are entitled to a rest break of 20 minutes for every six hours that You work. It is Your responsibility to ensure You take this rest break.

4.5 You agree to inform us if (whether as a result of the Tutoring Services alone or in combination with other work You may carry out) You are likely to exceed a 48-hour working week (which, in the absence of other arrangements, is the maximum imposed by the Working Time Regulations 1998).

4.6 Your fees for Tutoring Services in accordance with clause 5 will be paid together with an uplift calculated to cover Your holiday entitlement in respect of the hours You work when providing Tutoring Services.

4.7 We may offer You certain training from time to time as part of Your provision of the Tutoring Services, but no specific training is guaranteed by Your entry into this Agreement.

4.8 In view of the rules and regulations around working with children and vulnerable people, We will need to undertake various onboarding checks before You can provide Tutoring Services, which includes a clear ‘enhanced’ Disclosure and Barring Service (DBS) check result (more information on this can be found here). Where you do not hold a valid DBS check when you apply to provide Tutoring Services, you may be offered to arrange one via our third party provider: where this is the case, we will pay the fees associated with obtaining the DBS check, and you agree to us deducting this sum from the fees payable to you for the Tutoring Services, in accordance with clause 5.3 below.

5. FEES AND EXPENSES

5.1 We will pay You the fees as agreed between us in Your Account set up. We shall provide You with a payslip for Tutoring Services twice per month setting out the hours that You have worked for us, as recorded by You, during the preceding two week period. More details on how we will pay You are set out in our FAQs [https://help.mytutor.co.uk/hc/en-us/articles/212296825-When-will-I-be-paid-?mobile_site=true].

5.2 You shall bear Your own expenses incurred in the provision of the Tutoring Services (including without limitation broadband or the cost of Your Equipment)

5.3 We will make all necessary deductions from Your fees as required by law including pension contributions where required to be deducted under the applicable auto-enrolment regime. We shall also be entitled to deduct from Your pay or other payments due to You any sums which You may owe to Us at any time.

6. OTHER ACTIVITIES

You may be engaged, employed or concerned in any other business, trade, profession or other activity which does not place You in a conflict of interest when providing the Tutoring Services .

7. CONFIDENTIAL INFORMATION AND CLIENT PROPERTY

7.1 You shall not use or disclose to any person either during or at any time after Your engagement by us any confidential information about our business or affairs or any of our business contacts, or about any other confidential matters which may come to Your knowledge in the course of providing the Services. For the purposes of this clause 7, “Confidential Information” means any information or matter which is not in the public domain and which relates to our affairs or any of our business contacts.

7.2 The restriction in clause 7.1 does not apply to:

  1. a) any use or disclosure authorised by us or as required by law; or
  2. b) any information which is already in, or comes into, the public domain otherwise than through Your unauthorised disclosure.

7.3 All documents, manuals, hardware and software provided for your use by us, and any data or documents (including copies) produced, maintained or stored on our computer systems or other electronic equipment (including mobile phones if provided by us), remain our property.

7.4 Nothing in this clause 7 shall prevent You or us (or any of our officers, employees, workers or agents) from:

  1. a) reporting a suspected criminal offence to the police or any law enforcement agency or co-operating with the police or any law enforcement agency regarding a criminal investigation or prosecution; or
  2. b) doing or saying anything that is required by HMRC or a regulator, ombudsman or supervisory authority; or
  3. c) whether required to or not, making a disclosure to, or co-operating with any investigation by, HMRC or a regulator, ombudsman or supervisory authority regarding any misconduct, wrongdoing or serious breach of regulatory requirements (including giving evidence at a hearing); or
  4. d) complying with an order from a court or tribunal to disclose or give evidence; or
  5. e) making any other disclosure as required by law.

8. DATA PROTECTION

8.1 We will collect and process information relating to You in accordance with the privacy notice which is on the Site.

8.2 Both parties shall comply in full with the Data Processing provisions detailed in the Schedule and Appendix 1 as amended or superseded from time to time in writing by the parties.

9. INTELLECTUAL PROPERTY

9.1 When delivering the Tutoring Services, if You publish any Tutor Content via the Site by way of e.g. delivering lessons, uploading text or images or videos or contributing to publicly accessible areas of the Site, You automatically grant:

  1. a) to MTW, a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that Tutor Content, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the MTW Services, including without limitation the reproduction and sale of the Tutor Content, 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 MTW Services (and derivative works thereof) in any media formats and through any media channels;
  2. b) to each user of the MTW Services a worldwide, non-exclusive, perpetual, royalty-free licence to access Your Tutor Content, and to use, reproduce, distribute, prepare derivative works of, display and perform such Tutor Content under the terms of this Agreement.

9.2 You acknowledge that all Tutoring Services that You deliver may be recorded and You agree to the storage and use of such recordings by MTW. You hereby agree to waive any and all moral rights in and to all Tutor Content and recordings.

9.3 You agree that any Tutor Content You use in the performance of 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 Tutor Content in question and to grant the licenses referred to in clause 9.1.

9.4 All Intellectual Property Rights in all materials produced by You pursuant to delivering the Tutoring Services shall be Your property. For the avoidance of doubt, this clause 9 shall not cover any content communicated, posted or otherwise transmitted to the Site by any third party.

9.5 You shall indemnify MTW against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by MTW arising out of or in connection with any claim made against MTW for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with an claim by any third party including a Client that the Tutoring Services or Tutor Content provided by You infringe its rights.

9.6 If any third party makes a claim, or notifies an intention to make a claim, against MTW which may reasonably be considered likely to give rise to a liability under this indemnity (a Claim), MTW shall:

  1. a) as soon as reasonably practicable, give written notice of the Claim to You, specifying the nature of the Claim in reasonable detail;
  2. b) not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of You (such consent not to be unreasonably conditioned, withheld or delayed) , provided that MTW may settle the Claim (after giving prior written notice of the terms of settlement (to the extent legally possible) to You, but without obtaining Your consent) if MTW reasonably believes that failure to settle the Claim would be prejudicial to it in any material respect;
  3. c) give You and Your professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within the power or control of MTW, so as to enable You and Your professional advisers to examine them and to take copies (at Your expense) for the purpose of assessing the Claim; and
  4. d) You shall give MTW sole authority to avoid, dispute, compromise or defend the Claim.

9.7 If a payment due from You under this clause 9 is subject to tax (whether by way of direct assessment or withholding at its source), MTW shall be entitled to receive from You such amounts as shall ensure that the net receipt, after tax, to MTW in respect of the payment is the same as it would have been were the payment not subject to tax.

9.8 The Intellectual Property Rights contained on the Site or in the MTW Services cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without MTW’s written permission.

9.9 You acknowledge that all Intellectual Property Rights in and relating to MTW Services and the Site are owned by MTW or MTW’s licensors.

10. LIABILITY

You shall have personal liability for and shall indemnify Us for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any negligent or reckless act, omission or default in the provision of the Tutoring Services. You shall indemnify Us for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by You, of the terms of this Agreement.

11. TERMINATION

11.1 Either party may terminate this Agreement by giving to the other not less than 1 week’s prior written notice.

11.2 We may at any time terminate Your engagement 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:

  1. a) You are in material breach of any of Your obligations under this Agreement; or
  2. b) other than as a result of illness or accident, after notice in writing, You wilfully neglect to provide or fail to remedy any default in providing the Services.

Any delay by us in exercising our rights to terminate shall not constitute a waiver of those rights.

11.3 Upon the termination of this Agreement for any reason:

  1. a) You shall immediately cease providing the Tutoring Services;
  2. b) You agree to follow our instructions issued in accordance with clause 8 of this Agreement regarding Shared Data; and
  3. c) You agree not under any circumstances to contact a Client or a Student except where based on our specific instructions.

12. OBLIGATIONS ON TERMINATION

Any property belonging to us in Your possession or under Your control, and any original or copy documents obtained by You in the course of providing the Tutoring Services, shall be returned to support@mytutor.co.uk at any time on request and in any event on or before the termination of this Agreement. Subject to our data retention guidelines, You also undertake to irretrievably delete any information relating to our business stored on any magnetic or optical disk or memory, and all matter derived from such sources which is in Your possession or under Your control outside our premises. This obligation includes requiring any substitute to delete such data where applicable.

13. STATUS

13.1 This Agreement governs Your engagement by Us from time to time as a casual worker. This is not an employment contract and does not confer any employment rights on You (other than those to which workers are entitled) and You should not hold yourself out as being employed by Us. In particular, this Agreement does not create any obligation on Us to provide work to You and You will work on a flexible, "as required" basis.

13.2 You shall be fully responsible for and indemnify Us against any liability, assessment or claim based on:

  1. a) taxation howsoever arising from or made in connection with the performance of the Tutoring Services (except such deductions as are provided for in clause 5.4 above), where such recovery is not prohibited by law; and
  2. b) any claim that You hold employment status by virtue of the provision of Tutoring Services under this Agreement (including reasonable costs and expenses) brought by You against Us arising out of or in connection with the provision of the Tutoring Services.

We may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to You.

14. CHANGES TO THESE TERMS

14.1 We may, from time to time, change the terms of this Agreement for valid reasons such as (without limitation) to improve the Agreement or to make it clearer or easier to understand, to comply with legal or regulatory requirements, such as mandatory laws that apply to Us and our agreements with our Tutors, or where We are subject to a court order, to provide Tutors with additional information about the provision of the Tutoring Services, or for security reasons, including the introduction of additional security checks or software to protect our Site, Clients, Students and Tutors.

14.2 If We change the terms of this Agreement We will tell You. We will aim to notify You at least 30 days before making any changes to the Agreement, unless the changes need to be implemented quickly for security, legal or regulatory reasons in which case We will notify You of the changes as soon as We can.

14.3 If You do not agree to any change to the terms of this Agreement, You can choose to terminate this Agreement before the changes become effective. If You continue to provide Tutoring Services after the date on which such changes take place, we will take that as Your acceptance of the changes

15. THIRD PARTY RIGHTS

The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than You and us shall have any rights under it. The terms of this Agreement or any of them may be varied, amended or modified or this Agreement may be suspended, cancelled or terminated by agreement in writing between the parties or this Agreement may be rescinded (in each case), without the consent of any third party.

16. GOVERNING LAW

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

17. JURISDICTION

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

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Schedule

DATA PROCESSING SCHEDULE

1. INTERPRETATION

1.1 Definitions

  1. a) Agreed Purposes means the agreed nature purposes of Processing as set out in Appendix 1;
  2. b) Controller, Data Subject, Personal Data, Personal Data Breach, Processor, Process(ing), Special Category Data and Subject Access Request have the meaning ascribed to them in the Data Protection Legislation;
  3. c) Data Protection Legislation means all law relating to the Processing of Personal Data including the Privacy and Electronic Communications Regulations and all applicable guidance and codes of practice issued by the Information Commissioner’s Office or any replacement EU or UK data protection or related privacy Law in force in England and Wales;
  4. d) Data Processing Schedule means this data processing schedule and its appendices as amended from time to time;
  5. e) Regulatory Authority means any governmental or regulatory body or authority with responsibility for monitoring or enforcing compliance with the Data Protection Legislation;
  6. f) Shared Data means Personal Data Processed by You for the Agreed Purposes under or in connection with the Agreement and as detailed in Appendix 1;
  7. g) Term has the meaning as set out in Clause 2 of the Agreement;
  8. h) Third Country/Countries means all countries outside of the scope of the data protection laws of the United Kingdom or European Economic Area (EEA), except those deemed adequate by the United Kingdom or European Commission (as applicable) from time to time.

2. COMPLIANCE WITH THE DATA PROTECTION LEGISLATION

2.1 Both parties acknowledge that MTW is the Controller and the Tutor is the Processor of any Shared Data. In the wider contractual relationship, the School is the Controller, MTW is the Processor and the Tutor acts as MTW’s Processor (also known as a sub-processor).

2.2 You shall comply with all applicable requirements of the Data Protection Legislation in respect of the Shared Data

2.3 You shall process the Shared Data only in accordance with MTW’s written instructions from time to time (including those set out in Appendix 1).

3. DATA SUBJECT RIGHTS

3.1 In the event that You receive a Subject Access Request relating to the Shared Data directly from a Data Subject, You shall notify MTW without undue delay and in any event within five (5) days following receipt of the Subject Access Request. You shall not disclose any Shared Data to any Data Subject other than at the written request of MTW or as expressly provided for in this Agreement.

3.2 You shall at all times provide MTW with all reasonable assistance and cooperation required to enable MTW to comply with all Subject Access Requests, requests for deletion, restriction, rectification, portability, objections and rights in relation to automated decision making received in relation to the Shared Data and to respond to associated queries or complaints from Data Subjects. You shall provide any supporting information requested within two (2) Days of receiving such a request from MTW, unless otherwise agreed between the parties in writing.

3.3 Each party shall bear its own costs of complying with this clause 3 unless agreed otherwise in writing between them.

4. ASSISTANCE

4.1 You shall provide to MTW y such information and assistance to MTW as is reasonably required to demonstrate or ensure compliance by MTW with the obligations in this Data Processing Schedule and/or the Data Protection Legislation, including its obligations under Articles 32 to 36 of the General Data Protection Regulation (and the UK equivalent).

5. DATA RETENTION AND DELETION

5.1 At the end of of our contractual relationship you will delete any Shared Personal Data in your possession

6. TRANSFERS OF SHARED DATA TO THIRD COUNTRIES

6.1 You shall not transfer the Shared Data to any person located in a Third Country without the prior written consent of MTW.

7. SECURITY OF THE SHARED DATA

7.1 Having regard to the state of technological development and the cost of implementing such measures, each party shall put in place and maintain, throughout the Term of the Agreement, appropriate technical and organisational measures, in order to:

  1. a) prevent:
    1. i) unauthorised or unlawful Processing of the Shared Data; and
    2. ii) the accidental loss or destruction of, or damage to, the Shared Data;
  2. b) ensure a level of security appropriate to:
    1. i) the harm that might result from such unauthorised or unlawful Processing or accidental loss, destruction or damage; and
    2. ii) the nature of the Shared Data to be protected.

7.2 You shall undertake any training required from time to time in order to ensure You are appropriately trained to handle and Process the Shared Data in accordance with the Data Protection Legislation.

7.3 You shall keep all Shared Data confidential, in accordance with clause 7 of the Agreement.

8. PERSONAL DATA BREACHES AND REPORTING PROCEDURES

8.1 You shall notify any potential or actual Personal Data Breach relating to the Shared Data, and any related Data Security Breach, to MTW without undue delay and in any event within 48 hours after becoming aware of the breach. You shall provide all reasonable assistance and cooperation as is necessary to MTW to facilitate the handling by MTW of any Data Security Breach.

9. AUDIT

9.1 You shall permit MTW or its representatives to access any relevant devices or records on reasonable notice to audit and otherwise verify compliance with this Data Processing Schedule. You shall only be required to permit MTW or its representatives to access any relevant premises, personnel or records pursuant to this clause 9.1:

  1. a) once in every calendar year; or
  2. b) in the event that MTW has reasonable grounds to suspect that Shared Data which is Processed by You pursuant to the Agreement is subject to a Personal Data Breach or is otherwise lost or destroyed or becomes damaged, corrupted or unusable.

10. RESOLUTION OF DISPUTES

10.1 In the event of a dispute or claim brought by a Data Subject or Regulatory Authority concerning the Processing of the Shared Data against either or both parties, the parties shall, unless prevented by law, inform each other about any such disputes or claims and shall, in the first instance, cooperate with a view to settling them amicably and in a timely fashion.

11. INDEMNITY

11.1 You shall indemnify MTW in full, from and against any costs, charges, damages, expenses or losses which You may cause or have caused MTW, as a result of Your breach of any applicable Data Protection Legislation or of the provisions of the Agreement.

12. ALLOCATION OF COST

12.1 Except as expressly set out in herein, each party shall perform its obligations under this Data Processing Schedule at its own cost.

13. EFFECT OF TERMINATION

13.1 At MTW’s sole option, You shall return or irretrievably delete all Shared Data on termination or expiry of the Agreement, and not make any further use of the Shared Data.

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Appendix 1

PROCESSING DETAILS

1. AGREED PURPOSES

You may Process the Shared Data for the following Agreed Purposes and any other purposes relating to these Agreed Purposes:

  • Providing consistent, quality online tuition to Students;
  • Communicating with Students and Client staff;
  • Providing video recordings of the tutorials to the Student for recall and safeguarding reasons;
  • Sharing feedback and resources between sponsor staff and Tutors; and
  • Maintaining quality of service, error detecting and being up-to-date with cyber security.

2. THE SHARED DATA

  • Student profile details including at least some of the following: first name, surname, year group, tier (if applicable), current grade, target grade, exam board, areas of focus,learning style, date and time of sessions and Special Category Data around disabilities or special requirements
  • Student-specific feedback from previous sessions
  • Messages exchanged between You and Students or Client staff.

3. CATEGORIES OF DATA SUBJECT

  • Client staff
  • MTW staff
  • Student
  • Parent/guardians

We keep our statement under regular review. This Agreement was last updated on 31/08/21.

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