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. 7203395) 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. 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’.
1.16. “Introductory Tuition Session” refers to an initial ‘Trial’ session with an Ivy Education Tutor.
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.
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. NB: TutorCruncher is our client and tutor management system through which all tutors log Tuition Sessions and reports.
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. NB: TutorCruncher is our client and tutor management system through which all tutors log Tuition Sessions and reports.
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 Hourly Tuition (this includes preparation of course work and materials). Tutors may well be required to work outside of their designated Hourly Tuition. This may include, but is not restricted to, the marking of work set between Tuition sessions.
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. Tutors are responsible for the direction and implementation of remote tuition. We recommend that tutors review TutorCruncher’s guide here.
4.7. 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.
4.8. if the Student is below 18 years of age, be responsible at all times for the Student’s supervision and safety.
4.9. shall comply promptly with any request made by Ivy Education for feedback relating to the provision by the Tutor of any tuition services to the Client.
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 (including the commission payable to Ivy Education), 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.
5.8. 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.]
5.9. 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.
5.10. 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.
5.11. 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.
5.12. 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.
5.13. Consultancy services: A precis of each meeting will be sent to the clients within 5 working days of an Initial Welcome Meeting, Interview Preparation session and any ongoing Full School Placement Meetings taking place.
5.14. Learning Assessment services: A precis of the Assessment recommendations will be sent to the Client within 5 working days of the Exam Focused Assessment and or Core Academic Assessment taking place.
5.15. Digital Recordings: We don’t allow clients to take digital recordings of any kind during the Consultancy services listed in 5.13. or the Learning Assessment services listed in 5.14.
5.16. Assessors will provide both oral and written feedback showing the findings of their assessments. Assessors will not provide transcripts of the assessments completed with tutees. Ivy Education will not be able to share these transcripts for any reason.
5.17. The fee for visas in relation to consultancy services through specialist Nathalie Sinyard includes her direction and Ivy Education’s administrative assistance (but does not include the cost of the associated forms and subsequent processing).
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 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 consultation to the Client free of charge and any obligation in order to determine the tuition requirements of the Client.
9.2. An engagement fee of up to £150 including VAT (‘Membership Fee) shall be paid by the Client to Ivy Education in order to initiate the successful placement of a Tutor, Assessor or Consultant.
9.3. Joining Fees are, subject to the sole discretion of Ivy Education and as may otherwise be provided for in these Terms and Conditions, non-refundable, including in the event that the Client does not take one or any Tuition Sessions.
9.4. 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 but 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.
9.5. The tuition rate will include an amount in respect of commission that is payable solely by the Client to Ivy Education for the service provided by Ivy Education. VAT is applied where appropriate.
9.6. If a Client who is a ‘Member’ of the Ivy Common Room requires any further Tuition Session(s) in any other subject(s) then Ivy Education reserves the right to charge a placement fee (‘Placement Fee’) for each further Introduction, the amount of which shall be notified in writing by Ivy Education to the Client. The Placement Fee can be charged up to £75 per Tutor for an additional subject or sibling. This Fee does not apply to ‘Senior Members’ and or ‘Fellow Members’ of the Ivy Common Room. These terms are clarified under ‘Ivy Common Room’ Membership Terms and Conditions.
9.7. 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).
9.8. 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 tutee. 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.
9.9. 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 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 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.
15.2. Ivy Education shall be responsible for collecting tuition fees and expenses from the Client, including its commission (which is included within the hourly rate quoted for a particular Tutor and which is payable solely by the Client). VAT shall be applied where appropriate.
15.3. 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. All invoices can be paid by cheque, over the phone (fees applicable), BACS transfer or Direct Debit or card payments. Direct debit payments are taken from the designated account within 5 days of the invoice being sent out by Ivy Education. Any challenges to the sum of the invoice must be submitted in writing within this period to avoid incorrect payments being made.
15.4. The Client shall make payment to Ivy Education for invoices within fourteen days of the date of the invoice. After a thirty day period a payment shall be considered late.
15.5. 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. To the extent that the penalty or interest charge relates to the Tutor’s fees, this amount will be payable. 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.
15.6. Ivy Education are responsible for recovering payments from the Client.
15.7. 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.
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 under a contract for services and are self-employed as far as the provision of any tuition services to any Client is concerned.
19.2. Ivy Education is operating as an employment business.
20. Data Protection
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 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 GDPR regulations 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 tutee – including but not limited to contact details and information about the tutee’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.
23.1. 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.
24.1. 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 or first class post to the last known address (or email address) of the recipient.
24.2. If sent by first class post the notice will be deemed to have been received on the second working day after the notice was sent.
24.3. 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.
24.4. 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.