Terms and Conditions

CLIENT TERMS AND CONDITIONS

You must take the time to read and understand these terms and conditions (‘these Terms and Conditions’) before registering as a client with Ivy Education Limited.

1. Definitions and Interpretation

In these Terms and Conditions, the following words and expressions shall have the following meanings:

1.1. ‘Ivy Education’ refers to Ivy Education Limited (Co. Regn. No. 07203395) whose registered office is situated at 7 Wey Court, Mary Road, Guildford, Surrey, GU1 4QU.

1.2. ‘Assignment’ refers to the Tuition Course to be provided by the Tutor to the Client.

1.3. ‘Client’ refers to an individual, entity or organisation who is a purchaser or prospective purchaser of tutoring services through Ivy Education save that, in the event that the Student is an individual under 18 years of age at the time of completion of the Client Registration Form, the Client must be the parent or guardian of the Student.

1.4. In the event that the Client is an individual over 18 years of age and requires the tutoring services for himself then that individual will also be the Student.

1.5. In the event that the Client is an entity or organisation, the Student will be the individual for whom or on behalf of whom the said entity or organisation purchases or requests tutoring services through Ivy Education.

1.6. Subject to the above, where the context so requires or admits, references to the Client shall also include references to the Student and vice versa.

1.7. The ‘Confirmation to Client Email’ refers to the communication that Ivy Education shall provide to each individual whose application for registration as a Client is accepted by Ivy Education.

1.8. ‘The Confirmation to Client Email’ refers to the email setting out details of the Tuition Course, the Tutor who is to provide the Tuition Course, the agreed tuition rate (including the commission fees payable to Ivy Education), and details of any agreed expenses.

1.9. ‘Student’ refers to the individual who requires tutoring and who will be taught by a Tutor.

1.10. ‘Tuition Course’ refers to the Tuition Session(s), assessment and/or consultancy services (unless directly stated otherwise) that the Client agrees or proposes to purchase through Ivy Education.

1.11. ‘Tuition Session’ refers to each session of tuition which a Tutor is to provide (or has provided) to a Client.

1.12. ‘Tutor’ refers to an individual who has successfully registered as a tutor, assessor or consultant with Ivy Education and who agrees to provide services to Ivy Education’s Clients.

1.13. Wherever the context so requires, the masculine gender includes the feminine or neuter.

1.14. Words importing the singular shall be construed as importing the plural and vice versa.

1.15. “Introductory Tuition Session” refers to an initial ‘Trial’ session with an Ivy Education Tutor.

1.16. ‘TutorCruncher’ refers to Ivy Education’s client and tutor management system through which all tutors log Tuition Sessions and reports.

1.17. ‘Exam Focussed Assessment’ refers to an in-person academic assessment performed by one of Ivy Education’s consultants.

1.18. ‘Consultancy’ refers to assessment and or consultancy services (unless directly stated otherwise) that the Client agrees or proposes to purchase through Ivy Education.

1.19. ‘Full Placement’ refers to a Consultancy assignment which the Client agrees to purchase whereby Ivy Education shall:

- advise the Client as to school or university place(s) that may be suitable for the Student and

- provide such assistance shall be required to enable the Student to optimise their application to such place(s).

1.20. ‘Courses and Events’ refers to scheduled events designed to help students prepare for upcoming assessments and interviews provided by the Supplier.

2. Responsibilities of Ivy Education

Ivy Education shall:

2.1. be responsible for obtaining confirmation from Clients (and/or, if different, Students) of their tutoring requirements and provide relevant details to the proposed Tutor.

2.2. be responsible for providing to the Tutor all information regarding the Student’s academic records; all relevant study materials; and details of the Student’s academic targets; that may be relevant to the provision of the Tuition Course as may have been provided to Ivy Education by the Client (and/or the Student if different).

2.3. have sole discretion in deciding whether or not to accept an application made by an individual for registration as a Client or, if different, for registration of a Student.

2.4. on agreeing to accept an application by an individual for registration as a Client (and, if different, for registration of a Student), confirm this to the Client by sending the Client a Confirmation to Client Email.

2.5. be responsible for arranging and administering Assignments and Tuition Courses subject to the agreed responsibilities of Tutors and Clients.

2.6 be responsible for managing the Client Account and supporting the student with institution selection, application and admissions as part of a pre-paid Full Placement Package.

2.7 be responsible for confirming enrolment subject to availability in any Course or Event after full payment is received on behalf of the Student. All Classes require a minimum enrolment of three Students.

2.8.1 In the event in any Course or Event that there are insufficient Students enrolled, Clients will be advised one week before the start date of the Course or Event. Clients may then choose another option where available or obtain a full refund of the fees paid for the Course or Event.

2.8.2 Where Ivy Education holds a Course or Event open and at the start date of the Course or Event there are insufficient Students enrolled, Ivy Education may, at its sole discretion, substitute one-to-one tuition of exactly half the number of scheduled teaching hours for the booked Course or Event.

3. Responsibilities of the Tutor

The Tutor shall:

3.1. be responsible for fulfilling to the best of his skill, experience, and ability Assignments that the Tutor has accepted.

3.2. be responsible for maintaining your TutorCruncher lesson hours log relating to all chargeable tuition time spent with Students.

3.3. be responsible for monitoring and reviewing the Student’s tutoring requirements for the duration of a Tuition Course.

3.4. keep abreast of any developments in relevant curriculums, syllabus requirements of examination boards or qualifications in the subject(s) that is/are to be taught (or proposed to be taught) by the Tutor.

3.5. provide a home or office location where the Client (and, if different, the Student) may visit or the Tutor must be able to visit the Client (or, if different, the Student) for the purpose of taking a Tuition Session. For remote learning, the Tutor must suggest and arrange the platform provider. For further guidance on the appropriate provider please review TutorCruncher’s guidance here. 3.6. agree with the Client a suitable location at which the Tuition Session is to take place. For remote learning, the Tutor must email the client with a confirmation of the platform and agreed timings, one working day prior to the tuition session.

3.7. where a Tuition Session is to take place at a location of the Tutor’s choice (e.g. the Tutor’s home or office), the Tutor shall ensure that the room in which it is proposed the Tuition Session shall take place is suitably quiet and conducive to the provision of tuition, and the Tutor shall ensure that reasonable amenities (e.g. a toilet; drinking water) are made available to the Client (and, if different, the Student). For guidance on setting an appropriate remote working environment, please review TutorCruncher’s page here.

3.8. provide his own resources, and should have copies of the relevant (up-to-date) syllabus and past examination papers relating to the subject(s) that is/are to be taught (or proposed to be taught) by the Tutor in the Tuition Courses.

3.9. shall comply promptly with any request made by Ivy Education for feedback relating to the provision by the Tutor of any tuition services to any Client.

3.10. be responsible for keeping receipts in respect of any expenses that may be incurred by the Tutor (and for which the Tutor wishes to obtain reimbursement from the Client) in connection with the provision of a Tuition Session, which receipts shall be provided promptly to Ivy Education on request.

3.11. be familiar with, and must follow the guidance within the Ivy Education Safeguarding Policy.

4. Responsibilities of the Client

The Client shall:

4.1. adhere to Ivy Education’s Confirmation to Client email and all other information and documentation that is or may be required by Ivy Education in connection with the said individual’s application for registration as a prospective purchaser of tutoring services through Ivy Education.

4.2. if the proposed tuition is for an individual other than the Client, also provide in respect of that individual (the Student) a completed Confirmation to Client email and all other information and documentation that is or may be required by Ivy .Education in connection with the said individual’s requirement for tutoring services through Ivy Education.

4.3. be responsible for providing to Ivy Education all information regarding the Student’s academic records, all relevant study materials and details of the Student’s academic targets that may be relevant to the provision of the Tuition Course.

4.4. be responsible and must ensure at all times that information that he has provided to Ivy Education regarding himself (and the Student, if different) is accurate and is kept up-to-date, including (but not limited to): his name, address, and telephone number(s).

4.5. be responsible for payment of all tuition fees and any other fees, charges, or expenses payable in connection with the provision of the Tuition Course. The Client shall pay the regular hourly fee for any reasonable time spent by the Tutor in connection with the performance of Tuition Sessions (this includes preparation of course work and materials).

4.6. agree with the Tutor a suitable location at which the Tuition Session is to take place. A suitable workplace must be provided for our tutors and contact made if there are any queries or concerns. For government guidance on appropriate workspace, please read here and get in contact if you have any concerns or questions.

4.7. While Tutors shall be responsible for the direction and implementation of remote tuition, the Client shall be responsible for the arrangement of suitable computer equipment and a fast broadband connection, in the absence of which the Tutor may be unable to deliver the Tuition Session and which may result in the cancellation of the session, but still chargeable to the client. We recommend that tutors review TutorCruncher’s guide here.

4.8. where a Tuition Session is to take place at a location of the Client’s choice (e.g. the Client’s home), the Client shall ensure that the room in which it is proposed the Tuition Session shall take place is suitably quiet and conducive to the provision of tuition, and that reasonable amenities (e.g. a toilet; drinking water) are made available to the Tutor. Tutors are responsible for the direction and implementation of remote tuition. We recommend that tutors review TutorCruncher’s guide here.

4.9. if the Student is below 18 years of age, be responsible at all times for the Student’s supervision and safety.

4.10. shall comply promptly with any request made by Ivy Education for feedback relating to the provision by the Tutor of any tuition services to the Client.

4.11 Whilst attending Courses and Events run by Ivy Education, Students must behave in a respectful, responsible and entirely legal manner in line with the best practice for online education and as per guidance in KCSIE. In particular students will:

4.11.1 arrive on time for all scheduled sessions unless they are ill in which case they must inform Ivy Education;

4.11.2 treat all Ivy Education Staff, tutors and Students with respect and courtesy;

4.11.3 3 not consume, or have in their possession alcohol or any illegal and/or intoxicating substances;

4.11.4 comply with the day-to-day rules of the Course and any instructions given by Ivy Education Staff and tutors.

4.12 In the event of non-compliance with these terms and conditions by Student/Client, or if the Student/Client engages in any behaviour which, in Ivy Education’s opinion does or is likely to prejudice the safety and smooth running of the Course or Event, Ivy Education reserves the right to require the Student to withdraw from the Course or Event. In this event no refund of fees will be made for the remainder of the Course.

5. Offer and Fulfilment of Services

5.1. On receipt of a request for tuition from a prospective Client, Ivy Education will, subject to clause

5.2, use its best endeavours to find the most suitable Tutor to take on the proposed Assignment, by consideration of a Tutor’s experience, qualifications, preferences, subjects offered, geographical proximity to the Student, and availability.

5.2. Ivy Education cannot guarantee that a, or a suitable, Tutor will be found to take a, or any, proposed Assignment or Assignment, and the Client agrees not hold Ivy Education liable for any loss or damage incurred by the Client as a result of a Tutor or a suitable Tutor not being found.

5.3. Ivy Education shall have sole discretion in deciding upon the identity of the Tutor whom it considers to be the most suitable Tutor in accordance with clause 5.1.

5.4. On finding a suitable Tutor in accordance with clauses 5.1 and 5.3, Ivy Education shall notify the Tutor of the proposed Assignment and provide general details of the Client (and the Student, if different) and shall seek to agree (on behalf of the Tutor) an acceptable tuition rate with the Client and the amount (or a reasonable sum in lieu) of the expenses likely to be incurred by the Tutor in connection with the provision of the Assignment.

5.5. If a Tutor agrees in principal to accept a proposed Assignment further to discussion with Ivy Education pursuant to clause 5.4, then the Tutor shall confirm this to Ivy Education and Ivy Education shall then prepare and send to the Tutor a Confirmation to Tutor email which shall set out details of the Assignment, the tuition rate agreed, and the amount in respect of expenses that the Client has agreed to pay to the Tutor in connection with the provision of the Tuition Course.

5.6. On receipt of a Confirmation to Tutor email if the Tutor agrees to accept the Assignment and the other terms specified therein the Tutor shall reply to Ivy Education confirming they agree to the assignment terms and retain a copy for his own record.

5.7. The act of receiving a Confirmation to Client email shall signify that a contract has been entered into between Ivy Education and the Client providing for the provision of the Tuition Course in accordance with the terms set out in Confirmation to Client email and these Terms and Conditions but subject to any Special Conditions that may have been specified on the Confirmation to Client email /or any other conditions that may have been notified (in writing) by Ivy Education to the Client prior to the Client receiving the Confirmation to Client email.

5.8. The Client should note that the Tutor is under no obligation to accept any Assignment, save that a Tutor shall not be permitted to decline an Assignment on the basis of a Client’s or Student’s race or racial group (including colour, nationality and ethnic or national origins), sex (including marital status, gender reassignment, pregnancy, maternity and paternity), sexual orientation (including civil partnership status), religion or belief, age or disability.

5.9. Once the Tutor has accepted an Assignment, the Client has agreed to take a Tuition Course, and Ivy Education have notified the Tutor and the Client that the provision of the Tuition Course has become unconditional, the Tutor shall contact the Client as soon as possible in order to agree arrangements for the provision of the Tuition Course.

5.10. In the event that the Tutor is unable, for whatever reason, to contact the Client within two working days of the date of receipt by the Tutor of the client’s contact details, he shall immediately notify Ivy Education of this, and Ivy Education shall then use all reasonable endeavours to contact the Client for the purpose of assisting in arranging the Tuition Course but neither the Tutor nor Ivy Education shall be held liable for any inability to arrange or complete the Tuition Course due to being unable for no reason of their own to contact the Client.

5.11. When arrangements for the provision of the Tuition Course have been agreed, the Tutor shall fulfil the Assignment to the best of his skill, experience and ability and notify Ivy Education when the Assignment has been completed.

5.12. Consultancy services: A precis of each meeting will be sent by Ivy Education to the clients within 5 working days of an Initial Consultation, Interview Preparation session and any ongoing Full Placement Meetings taking place.

5.13. Learning Assessment services: A precis of the Assessment recommendations will be sent to the Client by Ivy Education within 5 working days of the Exam Focused Assessment and or Academic Aptitude Assessment taking place.

5.14. Digital Recordings: We don’t allow clients to take digital recordings of any kind during the Consultancy services listed in 5.12. or the Learning Assessment services listed in 5.13.

5.15. Assessors will provide both oral and written feedback showing the findings of their assessments. Assessors will not provide transcripts of the assessments completed with Students. Ivy Education will not be able to share these transcripts for any reason.

6. Introductory Tuition Sessions

6.1. An ‘Introductory Tuition Session’ is the first Tuition Session taken by a Student at any level in any subject and shall avail the Tutor and the Student and opportunity of deciding whether the tutoring relationship is likely to be effective in meeting the Student’s requirements.

6.2. An Introductory Tuition Session shall be of one hour duration, unless otherwise agreed between Ivy Education, the Tutor and the Client. This Introductory Tuition Session will be charged at the agreed tuition rate unless otherwise agreed in writing prior to the session.

6.3. If after an Introductory Tuition Session the Client notifies Ivy Education and/or the Tutor of an intention to take a further Tuition Session or a Tuition Course in the same subject and level with the Tutor, then the Tutor shall be expected to make himself available to provide such further Tuition Session or a Tuition Course and shall, if required by the Client, ensure that a regular time slot acceptable to the Client is kept available to accommodate that Client’s requirements.

7. Tuition Sessions

7.1. A Tuition Session shall, subject to clause 7.2, and unless otherwise agreed between Ivy Education, the Tutor and the Client in respect of a specific Tuition Course, consist of a one hour tuition session, unless otherwise agreed between Ivy Education, the Tutor and the Client, excluding any time expended by the Tutor in travelling and waiting in connection with the provision of the Tuition Course.

7.2. A Client may request an ‘intensive’ Tuition Session, for example, in preparation for an examination to be taken by the Student, up to a maximum duration of four hours per day and Ivy Education shall use their best endeavours to arrange the required Tuition Session.

8. Exam Focussed Assessment

8.1. The purpose of an Exam Focussed Assessment is to provide an informal measure of the pupil’s literacy and numeracy skills in order to help the parents find the most effective ways to boost their child’s learning at home. This assessment measures attainment rather than ability and, as such, is not diagnostic in nature. The feedback gives an estimation of the pupil’s skills at the time of assessment and is not to be taken as a predictor of exam performance. While a measure of the pupil’s skills helps to inform exam preparation, exam performance is subject to a wide range of variables.

8.2. This assessment is carried out in a controlled one to one situation and there could be discrepancies between the results and those derived from a classroom setting or one in which a pupil is working independently.

9. Fees, Tuition Rates and Expenses

9.1. Ivy Education shall provide an initial telephone or online video consultation to the Client free of charge and any obligation in order to determine the tuition requirements of the Client.

9.2. The level of tuition rates are set by Ivy Education according to the subject, the level of tuition, and any agreement with individual Tutors and are usually set on an hourly basis. In respect of any Tuition Course, Ivy Education shall, if required by the Client, seek to agree on behalf of the Tutor an acceptable tuition rate for a specific Tuition Session or Tuition Course.

9.3. Tuition carried out on a one-to-two basis (i.e. one tutor and two students) will be charged as a multiple of 1.4 on an hourly basis. For example, if the tuition is normally charged at £100hour (including VAT) for one-to-one tuition, then for one-to-two tuition it would be £140/hour (including VAT). Invoicing can be made with one client or split between two, at the clients’ discretion.

9.4. For Timetabled tuition programs we ask for a 25% deposit of the projected final invoice in advance. Once we have received this initial payment, we put together the timetable for the Student. The remaining 75% of the invoice should be paid prior to the first scheduled tuition timetable. If payment is not received in full before the start date, Ivy Education reserves the right to cancel the agreed tuition timetable and to retain the 25% deposit.

9.5. In the event that any expenses are likely to be incurred by the Tutor, the Tutor is required to provide details of the same to Ivy Education as soon as possible after details of the proposed Assignment have been provided to the Tutor. Ivy Education shall then notify the Client of the amount of the same and shall use its best endeavours to agree (on behalf of the Tutor) the amount of the expenses or a reasonable sum in lieu to cover the likely expenses. The Client shall pay the amount agreed in respect of the expenses and the agreed amount shall be included as a separate item in the invoice rendered by Ivy Education in connection with the respective Tuition Course or the client may pay the tutor in person for any expenses on presentation of the relevant receipts by the tutor.

10. Disclosure and Barring Service (‘DBS’)

10.1. The Client should note that all Tutors have an ongoing obligation to provide to Ivy Education a current enhanced DBS Disclosure relating to the respective Tutor and this is a pre-condition to Tutors undertaking any Assignment.

11. Cancellation or rescheduling of Tuition Sessions

11.1. The provisions in this clause do not apply where the Client or the Tutor wish to terminate tuition and reference should for such circumstances be made to clauses 16 and 17 of these Terms and Conditions.

11.2. In the event that the Client, Consultant, Assessor or the Tutor wishes to cancel or reschedule a Consultancy, Assessment or Tuition Session, e.g. due to (but not limited to) illness or holiday, the party wishing to cancel or reschedule the Session must notify the other party and Ivy Education of this and the reason for wanting to cancel or reschedule and shall give at least 48 hours’ notice.

11.3. In the event that the client does not provide a reasonable reason for the purpose of the late cancellation, the client will be charged at the discretion of Ivy Education as follows:

  • 100% of the total fees applicable to the booked session for any cancellation made less than 48 hours before the session was booked to commence.
  • The Consultant, Assessor or Tutor will be remunerated accordingly.

11.4. If the Tutor fails to give sufficient or any notice (as required pursuant to clause 11.2) to Ivy Education of wanting to cancel or reschedule a Tuition Session or unreasonably fails to agree an alternative date for a cancelled Tuition Session Ivy Education reserve the right to remove the Tutor from its list of registered Tutors in which event the Tutor shall not be eligible (unless later reinstated) for any future Assignment.

11.5. The Client shall be expected to strictly observe the rescheduling and cancellation provisions contained in these Terms and Conditions, as failure to do so may result in Ivy Education losing Tutors, future commissions and/or incurring substantial administrative costs in connection with last minute cancellations and rescheduling of Tuition Sessions.

11.6. Once the Client has confirmed that they would like to proceed with any Assessment or Consultancy services, they will be invoiced to confirm the booking. The normal cancellation policies apply, and once the services have commenced then fees cannot be reimbursed.

12. Cancellation or rescheduling of Courses

12.1 In the event that the Client wishes to cancel or reschedule a course, e.g. due to (but not limited to) illness or holiday, the party wishing to cancel or reschedule the Session must notify Ivy Education of this and the reason for wanting to cancel or reschedule in writing.

12.2. If the Client notifies Ivy Education of their wish to cancel a course twenty-eight days or more before the course start date, Ivy Education will process a full refund.

12.3. If the Client notifies Ivy Education of their wish to cancel a course fourteen days or more before the course start date, Ivy Education will process a 50% refund.

12.4 If the Client notifies Ivy Education of their wish to cancel a course fewer than fourteen days before the course start date, Ivy Education will not issue any refund.

13. Cancellation or rescheduling of Mock Exams

13.1 In the event that the Client wishes to cancel or reschedule a mock exam, e.g. due to (but not limited to) illness or holiday, the party wishing to cancel or reschedule the Session must notify Ivy Education of this and the reason for wanting to cancel or reschedule in writing.

13.2. If the Client notifies Ivy Education of their wish to cancel a mock exam fourteen days or more before the mock exam date, Ivy Education will process a full refund.

13.3. If the Client notifies Ivy Education of their wish to cancel a mock exam seven days or more before the mock exam date, Ivy Education will process a 50% refund.

13.4 If the Client notifies Ivy Education of their wish to cancel a mock exam fewer than seven days before the mock exam date, Ivy Education will not issue any refund.

14. TutorCruncher lesson hours log

14.1. At the conclusion of each Tuition Session, the Tutor is required to add their lesson hours to the TutorCruncher lesson hours log, setting out the amount of tuition time spent by the Tutor with the Student and (if relevant) details of any agreed expenses.

14.2. The Tutor is responsible for completing their TutorCruncher lesson hours log for Ivy Education by the last day of each calendar month for approval.

15. Invoicing and Payments

15.1. Ivy Education shall remit invoices to the Client by email for the amount agreed to be paid by the Client for the work completed by the Tutor and any agreed expenses incurred in connection with the provision of the Tuition Course, subject to approval of the TutorCruncher lesson hours log by Ivy Education.

15.2. The invoices shall reflect the tuition rates agreed with the Client and shall be subject to direct sales taxes including:

(a) for UK sales: VAT shall be chargeable at the UK standard rate as required by UK law; and

(b) for non-UK sales: such other direct sales taxes as shall be payable in accordance with applicable laws.

15.3. Client shall remit the payment for the invoice by card payment via Stripe (or such other card payment mechanism as shall be directed by Ivy Education with reasonable notice). The card payment mechanism shall be communicated to the Client as part of the invoicing process.

15.4. Clients receiving ongoing Tuition are required to authorise a Continuous Payment Authority (CPA) with Ivy Education. CPA is regulated by the Financial Conduct Authority (FCA). Payment card details will be stored electronically and securely in one place, in line with UK GDPR regulations, and Clients will have the ability to update their card details or cancel card payments at any time through their client portal or by speaking to a member of the team. By providing your card details you are authorising Ivy Education to take future payments from the same debit or credit card. This process must be completed before any Tuition commences.

15.5. Payment will be taken via your payment method 2 days after the presentation of invoice for last month’s lessons and services delivered. Invoices are normally issued by the 3rd working day of the month.

15.6. The Client shall make payment to Ivy Education for invoices within fourteen days of the date of the invoice after which period an invoice shall be considered overdue and services will be paused immediately. After a thirty day period a payment shall be considered late and Ivy Education may at its discretion commence recovery proceedings. Any challenges to the sum of the invoice must be submitted in writing within this period to avoid incorrect payments being made.

15.7. In the event of a late payment (or non-payment) by the Client, a penalty fee shall be payable immediately and Ivy Education shall also be entitled to charge interest on the whole of the amount due from the date of the outstanding invoice at the rate of 8.00% per annum calculated on a daily basis until full payment has been received by Ivy Education. The penalty fee will be a minimum of £25, a maximum of £50 or 10% of the total invoice if this figure falls between the minimum and maximum penalty fees.

15.8. Under no circumstances are Tutors permitted to render any invoice directly to the Client or the Student or accept any payment from the Client or the Student.

15.9. From 30th October 2023, a discretionary administrative fee of up to 4% is applied to refunds.

16. Termination of an Assignment by the Tutor

16.1. Once the Tutor accepts an Assignment he shall only be permitted to terminate the agreement for provision of the Tuition Course by providing two weeks’ prior written notice of the same to Ivy Education and must at the same time inform Ivy Education of the reason for requiring termination.

16.2. Ivy Education reserve the right to waive at its sole discretion the requirement for two weeks’ prior written notice in the preceding clause, in particular (but not limited to) where the Client and the Tutor agree that the Tutor should for whatever reason no longer provide Tuition to the Student.

17. Termination of a Tuition Course by the Client

17.1. After the first two Introductory Tuition Sessions, Clients will be encouraged to agree to a long term Tuition Course which will usually involves a weekly one hour Tuition Session per subject over a length of a standard school term.

17.2. Ivy Education recommends Clients commit to a Tuition Course for a minimum of 4 weeks (i.e. a minimum of 4 Tuition Sessions) to ensure that a rapport can develop between a student and tutor.

17.3. Once the Client agrees to take a Tuition Course, he shall normally only be permitted to terminate the agreement for taking the Tuition Course by providing two weeks’ prior written notice of the same to Ivy Education. However, under the Consumer Protection (Distance Selling) Regulation 2000, a Client may be permitted to cancel a Tuition Course within seven working days (‘the Cancellation Period’) of the Client’s agreement to take the Tuition Course, in which event the Client will, subject to clause 17.4 below, be entitled to the reimbursement of all fees that may have been paid in advance by the Client to Ivy Education in connection with the Tuition Course.

17.4. Where the Client wishes to cancel a Tuition Course pursuant to clause 17.3 above but requested Ivy Education to arrange and Ivy Education have in fact arranged for a Tuition Course to commence prior to the end of the Cancellation Period, then the Client shall not be entitled to a refund of any fees paid in respect of the Tuition Course.

17.5. Ivy Education reserve the right to waive at its sole discretion the requirement for two weeks prior written notice in sub-clause 17.3, in particular (but not limited to) where the Client and the Tutor agree that the Tutor should for whatever reason no longer provide Tuition to the Student.

17.6. A Client is prohibited from making any private arrangement with a tutor, in respect of the provision of educational services, for a minimum of 3 months after working with Ivy Education.

17.7 If a Client pays for a tuition course with a discounted rate applied but chooses to cancel the service once it is in progress, Ivy Education will only refund the pro rata discounted rate of the unused services (rather than the ‘standard’ cost of the service).

17.8 If a Client pays for a tuition course with a discounted rate applied but chooses to cancel the service once it is in progress, the Client will repay Ivy Education the difference between the ‘standard’ cost of the service and the discounted rate of the services used so far.

17.9 ‘Standard’ cost of the service means the relevant rate set out in Ivy Education’s Client Terms and Conditions, or any replacement Ivy Education publication.

18. Disputes between a Tutor and a Client

18.1. Should a dispute arise between a Tutor and a Client, Ivy Education will endeavour to achieve a satisfactory solution of the issue(s) in dispute, but cannot be held responsible for any such issue(s) or for a failure to achieve a solution.

18.2. In the event of a Client or a Tutor informing Ivy Education that the reason he wishes to terminate an Assignment or Tuition Course is because in his opinion the relationship between the Client (and/or Student, if different) and the Tutor is not, for any reason, conducive to the learning requirements of the Student, then Ivy Education shall, if requested to do so by the Client and/or the Tutor, use its best endeavours to find a solution to the issue(s) in dispute, which may include offering to find and allocate a different Tutor to the Client, subject to availability, but Ivy Education shall not be held liable for failing to find or allocate another Tutor. In the event that a suitable replacement Tutor cannot be found, then Ivy Education shall, at its discretion, offer the Client a refund (on a pro-rata basis) of the balance of the course fees if any paid by the Client in advance relating to the terminated Tuition Course.

19. Tutor’s Employment Status

19.1. The Client should note that Tutors are either employed by Ivy Education employed under a contract of service or may be engaged under a contract for services (and are therefore self-employed).

19.2. Ivy Education is operating as an employment business.

20. Data Protection

20.1. Ivy Education will for the purpose of its business and the services that it offers be required to collect, keep and use personal information that it receives from Clients and Students in accordance with its Privacy Policy.

20.2. By entering into an agreement with Ivy Education, the Client (and the Student, if different) consents to Ivy Education holding and using any personal and financial information that it receives from the Client and the Student in accordance with the Data Protection Act 1998 for the purpose of its business and the services that it offers.

20.3. Ivy Education is compliant with Data Protection Act 2018 and regulations thereunder and has a Data Protection policy in place.

20.4. Tutors are obligated at all times and not withstanding any termination or expiration of tuition assignments, to hold in strict confidence and not disclose to any third party any confidential information except as approved by the company in advance in writing. “Confidential Information” refers to any client details and/or details about the Student – including but not limited to contact details and information about the Student’s educational requirements.

21. Limitation of Liability of Ivy Education

Ivy Education and its directors and employees shall not be responsible or held liable:

21.1. for any loss, damage, anxiety or inconvenience that may have been, is likely to be caused, or has been caused, to the Client or to the Student as a result of any act of or omission by a Tutor or Consultant.

21.2. for any examination grade received by a Client or Student or any consequence that examination grade entails; or any university or school entrance application or interview.

21.3. for any act, omission or error of the Tutor or Consultant.

21.4. for any inaccuracy (purported or actual) in any TutorCruncher lesson hours log relating to a Tuition or Consultancy Session (whether or not a Client or a Tutor or Consultant has raised a dispute in respect thereof).

21.5. for any dispute that arises between the Tutor or Consultant and a Client or Student but shall, if possible, use reasonable endeavours to facilitate a resolution of the dispute.

21.6. for any inappropriate or illegal behaviour of a Tutor, Consultant, Client or Student.

21.7. for prescribing any teaching method and/or content of tutoring lessons or material.

21.8. for any failure by a Tutor or Consultant to meet the Client’s requirements.

22. Intellectual Property

22.1. The names and brand of ‘Ivy Education’ and ‘Ivy Education Limited’ and any (and all) intellectual property associated with the business of Ivy Education shall not be used (or reused) by the Client or Student without the prior written consent of Ivy Education.

22.2. All copyright, trademarks, and other intellectual property rights in and relating to Ivy Education and its business, including any material that is provided by Ivy Education to Tutors, Clients and/or Students, are the property of Ivy Education, and it is prohibited to copy, distribute, show in public or create any derivative work from any such material, without the prior written consent of Ivy Education.

23. Confidentiality

23.1. The Client (and, if different, the Student) agree to not pass on to any third party or himself use for any purpose any information obtained in relation to Ivy Education, any Tutor, or any other Client or Student, other than as may be required in connection with the taking or completion of the tuition services in accordance with these Terms and Conditions.

24. Notices

24.1. Any notices that are required to be given under these Terms and Conditions shall be deemed to have been given if given in writing and sent by email.

24.2. If the notice is sent by email before 4pm on a business day, it shall be deemed to have been received on the same day the notice was sent.

24.3. If a notice is sent by email after 4pm on a business day or on a weekend day, it shall be deemed to have been received on the next working day after the notice was sent.

25. Terms and Conditions

25.1. It is understood and agreed by the Client that these Terms and Conditions shall apply to all tuition services provided to the Client by Ivy Education subject to clause 25.2 below.

25.2. These Terms and Conditions may be varied (which shall also include any additions) by Ivy Education by giving written notice of the variation(s) to the Client at the Client’s last known address.

25.3. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

26. Governing Law and Jurisdiction

26.1. These Terms and Conditions and any agreement made by Ivy Education and the Client pursuant to the same shall be governed by the laws of England and Wales and Ivy Education and the Client agree to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.

TUTOR TERMS AND CONDITIONS

You must take the time to read and understand these terms and conditions (‘these Terms and Conditions’) before registering as a tutor with Ivy Education Limited.

1. Definitions and Interpretation

In these Terms and Conditions, the following words and expressions shall have the following meanings:

1.1 ‘Ivy Education’ refers to Ivy Education Limited (Co. Regn. No. 07203395) whose registered office is situated at 7 Wey Court, Mary Road, Guildford, Surrey, GU1 4QU.

1.2. ‘Assignment’ refers to the Tuition Course to be provided by the Tutor to the Client.

1.3. ‘Client’ refers to an individual, entity, or organisation who is a purchaser or prospective purchaser of tutoring services through Ivy Education, save that in the event that the Student is an individual under 18 years of age at the time of completion of the Client Registration Form the, Client must be the parent or guardian of the Student.

1.4. In the event that the Client is an individual over 18 years of age and requires the tutoring services for himself then that individual will also be the Student.

1.5. In the event that the Client is an entity or organisation, the Student will be the individual for whom or on behalf of whom the said entity or organisation purchases or requests tutoring services through Ivy Education.

1.6. Subject to the above, where the context so requires or admits, references to the Client shall also include references to the Student and vice versa.

1.7. ‘Confirmation to Client’ email refers to the form setting out details of the Assignment, the Client to whom the Tuition Course is to be provided, the agreed tuition rate (including the commission fees payable to Ivy Education) and details of any agreed expenses.

1.8. ‘Confirmation to Client’ email refers to the form setting out details of the Tuition Course, the Tutor who is to provide the Tuition Course, the agreed tuition rate (including the commission fees payable to Ivy Education) and details of any agreed expenses.

1.9. ‘Student’ refers to the individual who requires tutoring and who will be taught by a Tutor.

1.10. ‘Tuition Course’ refers to the Tuition Session(s) that the Client agrees or proposes to purchase through Ivy Education.

1.11. ‘Tuition Session’ refers to each session of tuition which a Tutor is to provide (or has provided) to a Client.

1.12. ‘Tutor’ refers to an individual who has successfully registered as a tutor, assessor or consultant with Ivy Education and who agrees to provide services to Ivy Education’s Clients.

1.13. ‘Tutor Handbook’ refers to the pack of information that Ivy Education shall provide to each individual whose application for registration as a Tutor is accepted by Ivy Education.

1.14. Wherever the context so requires, the masculine gender includes the feminine or neuter.

1.15. Words importing the singular shall be construed as importing the plural and vice versa.

1.16. Tutor ‘Experience’ refers to any tutoring/teaching experience that Ivy Education deems ‘relevant’ to the assignment in question. It is at Ivy Education’s discretion what it views as ‘relevant’.

1.17. “Introductory Tuition Session” refers to an initial ‘Trial’ session with an Ivy Education Tutor.

1.18. ‘TutorCruncher’ refers to Ivy Education’s client and tutor management system through which all tutors log Tuition Sessions and reports.

2. Responsibilities of Ivy Education

Ivy Education shall:

2.1. use its best endeavours to provide introductions to the Tutor of Clients requiring tutoring services through Ivy Education.

2.2. be responsible for obtaining confirmation from Clients (and/or, if different, Students) of their tutoring requirements and provide relevant details to the Tutor.

2.3. be responsible for providing to the Tutor all information regarding the Student’s academic records, all relevant study materials, and details of the Student’s academic targets that may be relevant to the provision of the Tuition Course as may have been provided to Ivy Education by the Client (and/or the Student, if different).

2.4. have sole discretion in deciding whether or not to accept an application made by an individual for registration as a Tutor.

2.5. on agreeing to accept an application by an individual for registration as a Tutor, confirm this to the Tutor in writing through the Application Successful email

2.6. be responsible for arranging and administering Assignments and Tuition Courses subject to the agreed responsibilities of Tutors and Clients.

3. Responsibilities of the Tutor

The Tutor shall:

3.1. provide to Ivy Education a completed Tutor Application Form and all other information and documentation that is or may be required by Ivy Education, in connection with the said individual’s application for registration as a Tutor.

3.2. be responsible for fulfilling to the best of his skill, experience and ability Assignments that the Tutor has accepted.

3.3. be responsible for maintaining TutorCruncher lesson hours log relating to all chargeable tuition time spent with Students and shall provide to Ivy Education originals of the same.

3.4. be responsible for monitoring and reviewing the Student’s tutoring requirements for the duration of a Tuition Course.

3.5. ensure at all times that information that he has provided to Ivy Education regarding himself is accurate and is kept up-to-date, including (but not limited to): his name, address, telephone number(s), qualification and experience details.

3.6. keep abreast of any developments in relevant curriculums, syllabus requirements of examination boards or qualifications in the subject(s) that is/are to be taught (or proposed to be taught) by the Tutor.

3.7. provide a home or office location where the Client (and, if different, the Student) may visit or the Tutor must be able to visit the Client (or, if different, the Student) for the purpose of providing a Tuition Session.

3.8. agree with the Client a suitable location at which the Tuition Session is to take place.

3.9. where the Tuition Session is to take place at a location of the Tutor’s choice (e.g. the Tutor’s home or office), the Tutor shall ensure that the room in which it is proposed the Tuition Session shall take place is suitably quiet and conducive to the provision of tuition, and the Tutor shall ensure that reasonable amenities (e.g. a toilet; drinking water) are made available to the Client (and, if different, the Student). For guidance on setting an appropriate remote working environment, please review TutorCruncher’s page here. NB: TutorCruncher is our client and tutor management system through which all tutors log Tuition Sessions and reports.

3.10. provide his own resources, and should have copies of the relevant (up-to-date) syllabus and past examination papers relating to the subject(s) that is/are to be taught (or proposed to be taught) by the Tutor in Tuition Courses.

3.11. shall comply promptly with any request made by Ivy Education for feedback relating to the provision by the Tutor of any tuition services to any Client.

3.12. be responsible for keeping receipts in respect of any expenses that may be incurred by the Tutor (and for which the Tutor wishes to obtain reimbursement from the Client) in connection with the provision of a Tuition Session, which receipts shall be provided promptly to Ivy Education on request.

3.13. be familiar with, and follow the guidance within the Ivy Education Safeguarding Policy.

4. Offer and Fulfilment of Assignments

4.1. On receipt of a request for tuition from a prospective Client, Ivy Education will use its best endeavours to find the most suitable Tutor to take on the proposed Assignment, by consideration of a Tutor’s experience, qualifications, preferences, subjects offered, geographical proximity to the Student, and availability.

4.2. Ivy Education shall have sole discretion in deciding upon the identity of the Tutor whom it considers to be the most suitable Tutor in accordance with clause 4.1.

4.3. On finding a suitable Tutor in accordance with clauses 4.1 and 4.2, Ivy Education shall notify the Tutor of the proposed Assignment and provide general details of the Client (and the Student, if different) and shall seek to agree (on behalf of the Tutor) an acceptable tuition rate with the Client and the amount (or a reasonable sum in lieu) of the expenses likely to be incurred by the Tutor in connection with the provision of the Assignment.

4.4. If a Tutor agrees in principal to accept a proposed Assignment further to discussion with Ivy Education pursuant to clause 4.3, then the Tutor shall confirm this to Ivy Education and Ivy Education shall then prepare and send to the Tutor a Confirmation to the Tutor email, which shall set out details of the Assignment, the tuition rate agreed (including the commission payable to Ivy Education), the length of the sessions, and the amount in respect of expenses that the Client has agreed to pay to the Tutor in connection with the provision of the Tuition Course.

4.5. On receipt of a Confirmation to Tutor email, if the Tutor agrees to accept the Assignment and the other terms specified therein, the Tutor shall confirm their acceptance by email to Ivy Education, and retain a copy for his own record. The Tutor shall not amend any aspect of the agreed Assignment per clause 4.4 without first obtaining the express written permission of Ivy Education.

4.6. The act of acceptance of the Confirmation to Tutor email to Ivy Education shall signify that a contract has been entered into between Ivy Education and the Tutor, providing for the fulfilment of the Assignment in accordance with the terms set out in the Confirmation to Tutor email and these Terms and Conditions, but subject to Ivy Education sending a Confirmation to Client email confirming to the Client agreement to take the Tuition Course, any Special Conditions that may have been specified in the Confirmation to Tutor email and/or any other conditions that may have been notified (in writing) by Ivy Education to the Tutor prior to the Tutor’s acceptance to Ivy Education of the Confirmation to Tutor email.

4.7. The Tutor is under no obligation to accept any Assignment, and if a Tutor declines an Assignment this shall not preclude or prejudice a Tutor from receiving further introductions from Ivy Education save that a Tutor shall not be permitted to decline an Assignment on the basis of a Client’s or Student’s race or racial group (including colour, nationality and ethnic or national origins), sex (including marital status, gender reassignment, pregnancy, maternity and paternity), sexual orientation (including civil partnership status), religion or belief, age or disability.

4.8. Once the Tutor has accepted an Assignment, the Client has agreed to take a Tuition Course, and Ivy Education have notified the Tutor and the Client that provision of the Tuition Course has become unconditional, the Tutor shall contact the Client as soon as possible in order to agree arrangements for the provision of the Tuition Course.

4.9. In the event that the Tutor is unable, for whatever reason, to contact the Client within two working days of the date of receipt by the Tutor of the notification pursuant to clause 4.8, he shall immediately notify Ivy Education of this, and Ivy Education shall then use all reasonable endeavours to contact the Client for the purpose of assisting in arranging the Tuition Course, but neither Ivy Education nor the Tutor shall be held liable for any inability to arrange or complete the Tuition Course due to being unable for no reason of their own to contact the Client.

4.10. When arrangements for the provision of the Tuition Course have been agreed, the Tutor shall fulfil the Assignment to the best of his skill, experience and ability, and notify Ivy Education when the Assignment has been completed.

5. Introductory Tuition Sessions

5.1. An ‘Introductory Tuition Session’ is the first Tuition Session taken by a Student at any level in any subject and shall avail the Tutor and the Student an opportunity of deciding whether the tutoring relationship is likely to be effective in meeting the Student’s requirements.

5.2. An Introductory Tuition Session shall be of one-hour duration, unless otherwise agreed between Ivy Education, the Tutor and the Client. This Introductory Tuition Session will be charged at the agreed tuition rate unless otherwise agreed in writing prior to the session.

5.3. If after an Introductory Tuition Session the Client notifies Ivy Education and/or the Tutor of an intention to take a further Tuition Session or a Tuition Course in the same subject and level with the Tutor, then the Tutor shall be expected to make himself available to provide such further Tuition Session or a Tuition Course and shall, if required by the Client, ensure that a regular time slot acceptable to the Client is kept available to accommodate that Client’s requirements.

6. Tuition Sessions

6.1. A Tuition Session shall, subject to clause 6.2, and unless otherwise agreed between Ivy Education, the Tutor and the Client in respect of a specific Tuition Course, consist of a one-hour tuition session, excluding any time expended by the Tutor in travelling and waiting in connection with the provision of the Tuition Session.

6.2. A Client may request an ‘intensive’ Tuition Session, for example in preparation for an examination to be taken by the Student, up to a maximum duration of four hours per day and Ivy Education shall use their best endeavours to arrange the required Tuition Session.

7. Fees, Tuition Rates and Expenses

7.1. The Tutor shall not be required to pay any fee for registering as a Tutor with Ivy Education.

7.2. Ivy Education shall set ‘guideline’ tuition rates according to subject and level of tuition and shall provide notification to the Tutor of these rates through the ‘job’ setup in TutorCruncher.

7.3. Ivy Education and the Tutor shall, if requested by either party, use their best endeavours to agree an alternative tuition rate (other than the guideline tuition rate) more appropriate to reflect the Tutor’s qualifications, experience, and/or requirements.

7.4. In respect of any Assignment, Ivy Education shall, if required by the Client, seek to agree on behalf of the Tutor an acceptable tuition rate for a specific Tuition Session or Tuition Course.

7.5. The tuition rate may be subject to VAT as applicable to the circumstances of the Client and/or the Tutor.

7.6. Travelling expenses and any other expenses that are likely to be incurred in connection with the provision of the Tuition Course will not normally be included in the tuition rate.

7.7. In the event that any expenses are likely to be incurred by the Tutor, the Tutor is required to provide details of the same to Ivy Education as soon as possible after details of the proposed Assignment have been provided to the Tutor, and Ivy Education shall then notify the Client of the amount of the same and shall use its best endeavours to agree (on behalf of the Tutor) the amount of the expenses or a reasonable sum in lieu to cover the likely expenses. The Client shall pay the amount agreed in respect of the expenses and the agreed amount shall be included as a separate item in the invoice rendered by Ivy Education in connection with the respective Tuition Course.

7.8. Tutors may well be required to work outside of their designated Tuition Sessions. This may include, but is not restricted to, the marking of work set between Tuition sessions. The Client shall pay the regular hourly fee for any reasonable time spent by the Tutor in connection with the performance of Tuition Sessions.

7.9 Ivy Education always pay substantially over the minimum hourly wage.

8. Disclosure and Barring Service (‘DBS’)

8.1. The Tutor shall provide to Ivy Education an original Enhanced DBS Disclosure relating to the Tutor that is dated no more than twelve months prior to the date on which the Tutor completed the Tutor Registration Form and this shall be a pre-condition to the Tutor undertaking any Assignment. All Tutors are required to have an enhanced DBS Disclosure dated within the last year unless they are a current employee at a UK school.

8.2. The Tutor has sole responsibility for obtaining (and making any payment in connection with) an Enhanced DBS Disclosure from the Home Office and ensuring that the DBS Disclosure is up-to-date.

8.3.The Tutor is responsible for renewing and providing to Ivy Education a DBS Disclosure annually and at least three months before the expiry of their current DBS Disclosure. All new tutors are required to register their DBS within 28 days of receiving their new certificate with the update service, and provide Ivy Education with this valid ID number.

8.4. In the event of the Tutor failing at any time to provide Ivy Education with an up-to-date DBS Disclosure in accordance with these provisions, the Tutor shall not be eligible for consideration for any or any future Assignment, until the failure has been remedied.

8.5. Ivy Education have sole discretion to refuse an application made by an individual for registration as a Tutor as a result of (in the opinion of Ivy Education) an unsatisfactory DBS Disclosure.

8.6 Our DBS provider is First Advantage. First Advantage carries out criminal record checks that result in DBS certificates being issued to an individual.

Employers can check the criminal record of someone applying for a role. This is known as getting a Disclosure and Barring Service (DBS) check. An enhanced DBS check (required for Ivy Education) is suitable for people working with children or adults in certain circumstances such as those in receipt of healthcare or personal care. The certificate may also contain non-conviction information supplied by a Chief Officer, if they feel it is relevant and ought to be contained in the certificate.

An individual cannot apply for an enhanced check by themselves. There must be a recruiting organisation who needs the applicant to get the check. This is then sent to DBS through a registered body. There are multiple registered bodies and you do not need to use First Advantage Online Disclosures.

The DBS via First Advantage cost is subject to change and once the applicant has made that payment there cannot be a refund. It is the case however that the applicant can withdraw from the application process at any given moment until they have made the above-specified payment.

9. Cancellation and rescheduling of Tuition Sessions

9.1. The provisions in this clause do not apply where the Tutor or the Client wish to terminate tuition and reference should, for such circumstances, be made to clause 12 of these Terms and Conditions.

9.2. In the event that the Client or the Tutor wishes to cancel or reschedule a Tuition Session, e.g. due to (but not limited to) illness or holiday, the party wishing to cancel or reschedule the Tuition Session must notify the other party and Ivy Education of this and the reason for wanting to cancel or reschedule and shall give at least 48 hours’ notice.

9.3. Ivy Education encourage the Tutor and the Client to use their best endeavours to arrange as soon as possible after receiving notification pursuant to clause 9.2 has been received of an alternative date on which the affected Tuition Session can be taken so as to ensure that disruption to the Student’s academic progress is minimised.

9.4. If the Tutor fails to give sufficient or any notice (as required pursuant to clause 9.2) to Ivy Education of wanting to cancel or reschedule a Tuition Session or unreasonably fails to agree an alternative date for a cancelled Tuition Session Ivy Education reserve the right to remove the Tutor from its list of registered Tutors in which event the Tutor shall not be eligible (unless later reinstated) for any future Assignment.

9.5. The Tutor shall be expected to strictly observe the rescheduling and cancellation provisions contained in this clause as failure to do so may result in Ivy Education losing Clients, future commissions and/or incurring substantial administrative costs in connection with last minute cancellations and rescheduling of Tuition Sessions.

10. TutorCruncher lesson hours log

10.1. At the conclusion of each Tuition Session, the Tutor is required to add their lesson hours to the TutorCruncher lesson hours log setting out the amount of tuition time spent by the Tutor with the Student and (if relevant) details of any agreed expenses.

10.2. The Tutor must submit all hours to TutorCruncher by the last day of each calendar month for approval.

10.3. In the event that the Tutor fails to complete their TutorCruncher lesson hours log to Ivy Education by the end of each calendar month, then the Tutor shall not be entitled to any payment from Ivy Education for the work that he has undertaken and expenses that he has incurred relating to the work and expenses specified in the said TutorCruncher lesson hours log.

11. Invoicing and Payments

11.1. Ivy Education shall invoice the Client for the amount agreed to be paid by the Client for the work completed by the Tutor and any agreed expenses incurred in connection with the provision of the Tuition Course, subject to approval of the TutorCruncher lesson hours log by Ivy Education.

11.2. Ivy Education shall be responsible for collecting tuition fees and expenses from the Client and for accounting for VAT or other direct sales taxes as applicable to the Assignment.

11.3. The Client is required to make payment to Ivy Education within fourteen days of the date of an invoice after which period an invoice shall be considered overdue. Any challenges to the sum of the invoice must be submitted in writing within this period to avoid incorrect payments being made.

11.4. After Ivy Education have approved a TutorCruncher lesson hours log and invoiced the Client (in accordance with clause 11.1) for the agreed amount (as approved by Ivy Education), then the Tutor may either render an invoice to Ivy Education for the amount agreed by Ivy Education to be payable to the Tutor for the respective work and expenses or rely simply on the respective TutorCruncher lesson hours log, as approved by Ivy Education, but payment of such amount shall be strictly subject to clause 11.5.

11.5. Subject to the discretion of Ivy Education and any alternate agreement reached between Ivy Education and the respective Tutor, payment of all or any part of the Tutor’s invoice or the sum approved by Ivy Education as being payable to the Tutor as per the TutorCruncher lesson hours log shall be on the strict understanding and basis that Ivy Education shall first have received full payment from the Client of the amount of Ivy Education’ corresponding invoice to the Client, and the Tutor shall not until then require Ivy Education to settle all or any part of the Tutor’s invoice or the sum approved by Ivy Education as being payable to the Tutor as per the TutorCruncher lesson hours log.

11.6. Under no circumstances are Tutors permitted to render any invoice directly to the Client or the Student or accept any payment from the Client or the Student or require payment of any outstanding invoice (either rendered by Ivy Education or by the Tutor) or any amount stated on a TutorCruncher lesson hours log.

11.7. Ivy Education shall be responsible for arranging BACS payments to be made to the Tutor’s designated account (the current details of which the Tutor has responsibility to provide to Ivy Education) of the Tutor’s corresponding invoice or the approved sum specified in the TutorCruncher lesson hours log, relating to the Tuition Session(s) provided by the Tutor, and such BACS payments shall made on the 20th day of the month following the receipt by Ivy Education of payment from the Client.

11.8. If there is any delay in Ivy Education receiving a TutorCruncher lesson hours log due to unforeseen circumstances (e.g. (but not limited to) a lack of internet) or through no fault on the part of Ivy Education, then Ivy Education shall not be responsible for any loss or damage that may result to the Tutor as consequence.

11.9. Ivy Education will pay the Tutor for all hours correctly reported in accordance with this clause 11 and invoiced to the Client, regardless of whether it has received full settlement of its invoice rendered to the Client.

12. Termination of Assignment by a Tutor

12.1. Once a Tutor accepts an Assignment, he shall only be permitted to terminate the agreement for provision of the Tuition Course by providing two weeks’ prior written notice of the same to Ivy Education and must at the same time inform Ivy Education of the reason for requiring termination.

12.2. Ivy Education reserve the right to waive at its sole discretion the requirement for four weeks’ prior written notice in the preceding clause, in particular (but not limited to) where the Client and the Tutor agree that the Tutor should for whatever reason no longer provide Tuition to the Student.

13. Disputes between a Tutor and a Client

13.1. Should a dispute arise between a Tutor and a Client, Ivy Education will endeavour to achieve a satisfactory solution of the issue(s) in dispute, but cannot be held responsible for any such issue(s) or for a failure in achieving a solution.

13.2. In the event of a Client or a Tutor informing Ivy Education that the reason he wishes to terminate an Assignment or Tuition Course is because in his opinion the relationship between the Client (and/or Student, if different) and the Tutor is not, for any reason, conducive to the learning requirements of the Student, then Ivy Education shall, if requested to do so by the Client and/or the Tutor, use its best endeavours to find a solution to the issue(s) in dispute, which may include offering to find and allocate a different Tutor to the Client, subject to availability, but Ivy Education shall not be held liable for failing to find or allocate another Tutor. In the event that a suitable replacement Tutor cannot be found, then Ivy Education shall, at its sole discretion, offer the Client a refund (on a pro-rata basis) of the balance of the course fees, if any, paid by the Client in advance relating to the terminated Tuition Course.

14. Prohibitions and non-prohibitions on Tutors

14.1. A Tutor is not prohibited under these Terms and Conditions from providing tuition to any Client or Student that is not introduced by Ivy Education and is free to pursue his own business activities alongside as accepting Assignments from Ivy Education but must, when undertaking an Assignment, devote his full care and attention to its provision.

14.2. A Tutor must not discuss with a Client (and/or Student, if different) any topic other than those relating to the Tuition Course.

14.3. A Tutor is prohibited from making any private arrangement with a Client or a Student, in respect of the provision of tuition services, for a minimum of 3 months after working with Ivy Education.

15. Tutor’s Employment Status

15.1. Ivy Education is operating as an employment business.

15.2. Tutors are under a contract for services and self-employed as far as the provision of any tuition services to any Client is concerned and it is their responsibility to ensure they are legally entitled to work in the UK on a Self-Employed basis.

15.3. Tutors are responsible for registering their employment status with HM Revenue & Customs, and for paying their own tax and National Insurance contributions and arrangement with HM Revenue & Customs generally, and for providing confirmation of this status and any information that may be required in connection with the same to Ivy Education for verification, accounting or any other purpose connected with the provision of tutoring services by Ivy Education to Clients.

15.4. Tutors are not entitled to holiday, holiday pay, pension or any other benefits. However, the Tutor is responsible for informing Ivy Education at least three months in advance of any period or periods of time, save for the usual Christmas and Bank Holidays, during which the Tutor will be unavailable to provide tuition services to Clients.

15.5. Where Tutors may be required to travel for Assignments, they are responsible for ensuring that, if they use a car or other motor vehicle, to do so in the knowledge that their motor insurance provides adequate cover for such travel, and Ivy Education shall not be held responsible for any loss or damage sustained by the Tutor (or any other party) as a result of any inadequate insurance cover.

16. Data Protection

16.1. Ivy Education will, for the purpose of its business and the services that it offers, be required to collect, keep and use personal information that it receives from Tutors in accordance with its Privacy Policy.

16.2. By entering into an agreement with Ivy Education, the Tutor consents to Ivy Education holding and using any personal information that it receives from the Tutor, in accordance with the Data Protection Act 1998, for the purpose of its business and the services that it offers.

16.3. Ivy Education is compliant with GDPR regulations and has a Data Protection policy in place.

16.4. Tutors are obligated at all times and not withstanding any termination or expiration of tuition assignments, to hold in strict confidence and not disclose to any third party any confidential information except as approved by the company in advance in writing. “Confidential Information” refers to any client details and/or details about the Student – including but not limited to contact details and information about the Student’s educational requirements.

17. Limitation of Liability of Ivy Education

Ivy Education shall not be responsible or held liable:

17.1. for any loss, damage, anxiety or inconvenience that may have been, is likely to be caused, or has been caused, to the Client or to the Student as a result of any act of or omission by a Tutor.

17.2. for any examination grade received by a Client or any consequence that examination grade entails, or any university or school entrance application or interview.

17.3. for any act, omission or error of the Tutor.

17.4. for any inaccuracy (purported or actual) in any TutorCruncher lesson hours log relating to a Tuition Session (whether or not a Client or a Tutor has raised a dispute in respect thereof).

17.5. for any dispute that arises between the Tutor and a Client but shall, if possible, use their best endeavours to facilitate a resolution of the dispute.

17.6. for any inappropriate or illegal behaviour of a Tutor, a Client or a Student.

17.7. for prescribing any teaching method and/or content of tutoring lessons or material.

17.8. for any failure by a Tutor to meet the Client’s requirements.

18. Indemnity

The Tutor shall:

18.1. indemnify and keep indemnified Ivy Education for all claims and liabilities arising out of the provision or proposed provision of any tuition by the Tutor to any Client, including all and any costs and expenses that may be or are incurred.

18.2. if required by Ivy Education, hold or take out and maintain adequate professional indemnity insurance sufficiently covering the tutoring activities provided or proposed to be provided by the Tutor to Clients, and shall on request provide to Ivy Education a copy of the insurance policy and schedule.

19. Intellectual Property

19.1. The names and brand of ‘Ivy Education’ and ‘Ivy Education Limited’ and any (and all) intellectual property associated with the business of Ivy Education shall not be used (or reused) by the Tutor without the prior written consent of Ivy Education. In particular, the Tutor agrees not to use Ivy Education’s name to promote tuition services offered by himself, any entity, company, and/or organisation in which he has a material interest.

19.2. All copyright, trademarks, and other intellectual property rights in and relating to Ivy Education and its business, including any material that is provided by Ivy Education to Tutors, Clients and/or Students are the property of Ivy Education; and it is prohibited to copy, distribute, show in public or create any derivative work from any such material, without the prior written consent of Ivy Education.

20. Confidentiality

20.1. The Tutor agrees to not pass on to any third party, or himself, use, for any purpose, any information obtained in relation to Ivy Education, any Client, or any Student, other than as may be required in order to enable the provision of tuition services in accordance with these Terms and Conditions.

21. Termination of Tutor Registration

21.1. A Tutor may, by giving two week’s written notice, request Ivy Education to remove him from Ivy Education list of registered Tutors, subject to the Tutor having no outstanding or uncompleted Assignments.

21.2. Subject to clause 21.3, Ivy Education may terminate the registration of a Tutor by giving the Tutor two week’s written notice, which termination shall have the effect of terminating any outstanding or uncompleted Assignments.

21.3. Ivy Education reserves the right to immediately terminate the registration of a Tutor and any outstanding or uncompleted Assignments of the Tutor if any of these Terms and Conditions, or the terms of any Assignment, have been breached, or if Ivy Education determines, by reference to any feedback received from a Client or a Student, that the standard of any tutoring provided by the Tutor is not of a an acceptably high standard or their conduct is not in alignment with the company’s ‘Standards & Expectations’ outlined in the ‘Tutor Handbook’.

21.4. Upon termination of registration of a Tutor, the Tutor shall return to Ivy Education all materials that he may have been provided by Ivy Education for the purpose of providing tuition to Clients.

22. Notices

22.1. Any notices that are required to be given under these Terms and Conditions shall be deemed to have been given if given in writing and sent by email.

22.2. If the notice is sent by email before 4pm on a business day, it shall be deemed to have been received on the same day the notice was sent.

22.3If a notice is sent by email after 4pm on a business day or on a weekend, it shall be deemed to have been received on the next working day after the notice was sent.

23. Terms and Conditions

23.1. It is understood and agreed by the Tutor that these Terms and Conditions shall apply to all introductions made by Ivy Education of Clients to the Tutor subject to clause 23.2 below.

23.2. These Terms and Conditions may be varied (which shall also include any additions) by Ivy Education by giving written notice of the variation(s) to the Tutor at the Tutor’s last known address.

23.3. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

24. Tutor Affiliate Scheme

24.1. Ivy Education operates a client introduction scheme under which a Referral Fee may be payable for the introduction of a client of which Ivy Education were not previously aware, for services provided by Ivy Education and invoiced for.

24.2. If a tutor agrees to join the affiliate scheme, they are not obligated to refer clients to Ivy Education.

24.3. Ivy Education agrees to pay the introducing party commission of 10% of the total invoiced amount (excluding VAT) they send out to any client that the introducing party refers on presentation of an invoice.

24.4. The commission will be paid on a monthly basis in arrears (i.e. once Ivy Education has received payment from the client). Ivy Education reserves the right to recover the commission should Ivy Education need to refund any fees to the client.

25. Governing Law and Jurisdiction

25.1. These Terms and Conditions and any agreement made by Ivy Education and the Tutor pursuant to the same shall be governed by the laws of England and Wales and Ivy Education and the Tutor agree to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.