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. 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. ‘Client Agreement Document’ 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. ‘New Tutor Referral Document’ 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.
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 and send the Tutor a Handbook.
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 Registration 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 timesheets 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).
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 Tuition Agreement Document, 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.
4.5. On receipt of a Tuition Agreement Document, if the Tutor agrees to accept the Assignment and the other terms specified therein, the Tutor shall sign his name (and enter the date of signing) on the Tuition Agreement Document, send a copy immediately by email to Ivy Education, and retain a copy for his own record.
4.6. The act of signing and sending to Ivy Education a Tuition Agreement Document (whether it be sent by email or by post) 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 Tuition Agreement Document and these Terms and Conditions, but subject to Ivy Education receiving a signed New Tutor Referral Document from the Client confirming his agreement to take the Tuition Course, any Special Conditions that may have been specified on the Tuition Agreement Document, and/or any other conditions that may have been notified (in writing) by Ivy Education to the Tutor prior to the Tutor signing and sending to Ivy Education the Tuition Agreement Document.
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 in the Tutor Handbook.
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 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.
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 Hourly 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 Hourly Tuition.
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 his current DBS Disclosure.
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 GBG Online Disclosures. GBG 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 GBG Online Disclosures.
The DBS via GBG costs £55.30 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 twenty-four 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.
10.1. At the conclusion of each Tuition Session, the Tutor is required to complete a timesheet (which shall have been provided to the Tutor by Ivy Education) setting out the amount of tuition time spent by the Tutor with the Student and (if relevant) details of any agreed expenses.
10.2. Completed timesheets must be signed by both the Tutor and the Client, and both parties shall be responsible for checking and verifying the accuracy of everything stated therein.
10.3. The Tutor must send all completed timesheets to Ivy Education by first class post or by email by the last day of each calendar month for approval.
10.4. In the event that the Tutor fails to deliver completed timesheet(s) 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 timesheet(s).
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 timesheets by Ivy Education.
11.2. 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) and shall use their best endeavours to so do. VAT shall be applied where appropriate.
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. All invoices can be paid by cheque, over the phone (fees applicable), BACS transfer or Direct Debit (from 1st September, all tuition invoices must be paid by direct debit). 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.
11.4. After Ivy Education have approved a timesheet 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 timesheet, 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 timesheet 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 timesheet.
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 timesheet.
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 timesheet relating to the Tuition Session(s) provided by the Tutor, and such BACS payments shall made on the 28th 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 timesheets due to unforeseen circumstances (e.g. (but not limited to) a postal strike) 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 work-seeker for all hours worked, 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 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.
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
16.2. 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 tutee – including but not limited to contact details and information about the tutee’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 timesheet 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.
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.
20.1. 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.
22.1. 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.
22.2. 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.
22.3. 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.
22.4. If 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. Governing Law and Jurisdiction
24.1. 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.