Tutors Terms and Conditions

On submitting your tutor application, you agree to the Powertutors UK* Terms and Conditions listed below;

 

Please note, this is a Service Agreement between Power Tutors UK and you as a self-employed person and therefore you will be responsible for your own income tax declaration.

Powertutors UK Terms and Conditions

 

Between:

  1. Powerdea Ltd – Registered Company 08855606 trading as Power Tutors UK

  2. Alex Nielsen

 

  1. GOVERNING LAW AND JURISDICTION 


1.1  These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. 


1.2  The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).

 

  1. DEFINITIONS

2.1  In these terms and conditions (“Terms”), the following definitions and rules of interpretation shall have the following meaning (unless the context requires otherwise). 


            2.2 Powertutors: Powertutors is a division to Powerdea Ltd. which is a registered limited Company in       England and Wales with registration number 08855606, whose address is at Kemp House 152-160 City Road, London EC1V 2NX. Hereafter known as “The Company”.

Board: the board of directors of the Powerdea Ltd. (including any committee of the board duly appointed by it). 


Business Opportunities: any opportunities which the Tutor becomes aware of during the Engagement which relate to the business of the Powertutors or which the Board reasonably considers might be of benefit to Powertutors. 


Capacity: as agent, consultant, director, employee, owner, partner, shareholder or in any other capacity. 


Client: a client who has subscribed for teaching services to be supplied to it or its students by Powertutors from time to time. 


Commencement Date: the date Powertutors [notifies the Tutor that his registration to become a tutor of Powertutors has been accepted]. 


Confidential Information: information (whether or not recorded in documentary form, or stored on any magnetic or optical disk or memory) relating to the business, products, affairs and finances of Powertutors for the time being confidential to the Powertutors and trade secrets including, without limitation, technical data and know-how relating to the business of Powertutors or any of its business contacts, including in particular (by way of illustration only and without limitation) names and addresses of all the Clients and Students of Powertutors and the extent of the services required to be provided to them. 


Engagement: the engagement of the Tutor by the Powertutors on the agreement of these Terms.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world. 


Invention: any invention, idea, discovery, development, improvement or innovation made by the Tutor in the provision of the Services, whether or not patentable or capable of registration, and whether or not recorded in any medium.

Pre-Contractual Statement: any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these Terms or not) relating to the Engagement other than as expressly set out in these Terms.

Services: the teaching services provided to a Student including without limitation those described in the Teaching Services.

Student: a Client appointed to receive teaching services.

Termination Date: the date of termination of these Terms however arising.

Tutor: means you as a person who registers with Powertutors, makes use of the Website and as a tutor will provide those Services that Powertutors assign to a Student from time to time.

Website: the Powertutors website whose domain name is www.powertutors.co.uk .

Works: all records, reports, documents, papers, drawings, designs, transparencies, photos, graphics, logos, typographical arrangements, software, and all other materials in whatever form, including but not limited to hard copy and electronic form, prepared by the Tutor in the provision of the Services.

2.3  The headings in these Terms are inserted for convenience only and shall not affect its construction. 


2.4  A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it. 


2.5  A reference to one gender includes a reference to the other gender. 


2.6  The schedules to these Terms form part of (and are incorporated into) these Terms. 


3. REGISTRATION

3.1  To register with the Company, the Tutor is required to complete the application form provided to them and return it to us. By applying the Tutor is making a statement upon which the Company are entitled to rely that the Tutor:-

(3.1.1)  is aged 18 years or older; and 


(3.1.2)  is capable of forming a legally binding contract. 


3.2 The tutor must also provide the Company with a copy of their  CV and current Basic Disclosure and Barring Service Check (DBS)

3.3  Upon receipt of an application for registration by a potential tutor, the Company will carry out an enhanced check at the Criminal Records Bureau. Additionally, the Company may also ask the Tutor for other information including educational certificates and up to three suitable references from third parties. 2.3  The Tutor agrees that the information that they are providing to the Company during the course of their application for registration and at all other times will be true, accurate, current and complete  and the Tutor agrees that they will inform us of any change in their circumstances to ensure such information is kept accurate and up to date at all times.

4. TERM OF ENGAGEMENT

4.1  Following acceptance by the Company of a Tutor’s application for registration, the Company shall engage the Tutor to provide the Services as agreed.

4.2  The Service Agreement shall commence or be deemed to have commenced on the  Signed Agreement Date and shall continue unless and until terminated:

(4.2.1)  as provided by the Terms; or 


(4.2.1)  subject to the provisions of contract termination clause by either party giving to the other not less than two weeks prior written notice. 


4.3  Notwithstanding clause 4.2 the Company may, at its discretion,  terminate the Service Agreement at any time and with immediate effect


5. PROVISION OF SERVICES

5.1 The tutor is engaged by the Company to provide face to face or online tutoring to clients sourced and supplied by the Company.

5.2 The Company reserves the right to select its clients and tutors and to withdraw its services from any client or tutor where this is judged to be appropriate.

5.3 Tutors are engaged for their specific skill, expertise and experience and are expected to take full responsibility of the way in which the services are provided. Tutors will use their discretion in determining the most appropriate teaching method depending on the Student’s needs. 

6. SELF EMPLOYMENT

6.1 Tutors working with the Company do so as self-employed individuals. We therefore require all tutors to be able to provide, upon request, their Unique Tax Reference (UTR) number, as supplied by HMRC.

6.2 Self-employed tutors supplying services to the Company, may tutor independently of the Company and for other companies. However, tutors may not engage in a private agreement with a Student introduced through the Company.

6.3 It is the responsibility of the Tutor to ensure that they are eligible for self-employment in the United Kingdom before completing their application for consideration as a service provider. We will not employ the services of any tutor who, due to visa restrictions or for any other reason is not eligible for self-employment or whom does not have the right to work in the United Kingdom.

6.4 As a self-employed individual the Tutor may choose to offer the Student a substitute tutor. The Company reserves the right to ensure that any substitute is both suitably qualified and has completed an enhanced check at the Criminal Records Bureau, for which documents must be provided to the Company in advance of the substitution occurring. The Company and Client must be informed of any substitutions prior to them taking place.

6.5 As a self-employed individual, it is the responsibility of the Tutor to declare their earnings to HMRC, and to make any contributions required.   

7. RESPONSIBILITIES OF POWERTUTORS (the Company)

7.1 Throughout the duration of the Service Agreement,  the Company shall  endeavour to introduce suitable Clients and/or Students, to the Tutor , having regard to their experience, qualifications, geographical location and availability to enable the Tutor to make a determination as to his suitability to undertake the Services for a particular student.

7.2  Following a successful pairing of a Tutor with a student, the Company will agree to release certain Confidential Information concerning the Client and/or Student and confirmation of the Services to be provided. In order to maintain confidentiality to its Client and/or Students, where the Tutor is a school teacher, the Company may decide to not introduce a Client and/or Student who attends the school where the Tutor teaches. 


7.3  The Company will promptly inform the Tutor if the Company has received notification from the Client and/or Student that it wishes to cease subscribing for the Services. The Company will in its terms and conditions with the Client and/or Student require one weeks’ notice of such permanent termination.

7.4    The Company will  promptly inform the Tutor if the Company receive notification from the Client and/or Student that it wishes to cease working with the Tutor or if the Client and/or Student need to postpone receiving the Services as a result of a holiday or other unavoidable circumstance.

7.5    The Company will in its terms and conditions with the Client and/or Student require 24 hours’ notice of change of Tutor or postponement. Should less than 24 hours’ notice be received, the Company will retain the right to charge at their  discretion, the Client and/or Student for the Services. If the Client is not charged for the Services, no fee shall be payable in accordance with clause Fees.

8. RESPONSIBILITIES OF THE TUTOR

8.1  the Tutor may refuse to provide the Services to such Client/Student if in his reasonable opinion he is unable to properly provide the Services specifically requested due to lack of qualification or experience. 


8.2 if the Tutor agrees to provide the Services the Tutor will agree and provide all consents [at the cost of the Tutor] to the Company undertaking any further enhanced check at the Criminal Records Bureau; and/or

8.3 the Tutor will also agree and provide all consents to allow the Company to take up to three references in order that the Company can be satisfied as to the Tutor’s qualifications, suitability and ability to communicate and teach effectively;

 (8.3.1)  provide the Services with all due care, skill and ability; 


(8.3.2)  use their best endeavours to promote the interests of the Company and introduce suitable new clients to the Company; 


(8.3.3)  unless prevented by ill health or accident, devote as much time as is necessary in order to fulfil the obligations of the Service Agreement

(8.3.4)  agree and provide all consents to enable the Company to undertake an enhanced check [at the cost of the Company] at the Criminal Records Bureau from time to time; 


(8.3.5)  regularly inform the Company of the schools (if any) that the Tutor teaches at; 


(8.3.6)  promptly give to the Board all such other information and reports as it may reasonably require in connection with matters relating to the provision of the Services or the business of the Company. 


(8.3.7)  including without limitation whether a Client and/or Student has indicated his desire to discontinue with subscribing for the Services. 


8.5  The Tutor will in providing the Services:-

(8.5.1)  use their best endeavours to keep the same [weekly/regular] time slot available for each Client and/or Student, where alternative arrangements are agreed directly with the Client and/or Student until the end of the notice period following termination of the Services by the Tutor or until the end of the notice period following termination by the Client and/or Student; 


(8.5.2)  use their best endeavours to continue providing the Services to a Client and/or Student until the end of the academic year in July unless the Client and/or Student has terminated the arrangement sooner, or agrees to extend throughout the Summer months. 


(8.5.3)  For the purposes of establishing the amount of the fee due to the Tutor within [2] days after the end of each working month send to the Company: 


 (i) a completed time sheet in the format supplied by Powertutors to the end of each month detailing particulars of the Services given to all Clients and/or Students and the number of hours worked in [that preceding] month. To ensure that the Clients and/or Students with more than one tutor will not be sent invoices in separate mailings, the timesheet must be sent to accounts@powertutors.co.uk only and must be received by Powertutors by the last day of the following calendar month in which the Services were provided. If timesheets are submitted late, payment of the Tutor’s fees may be delayed and Powertutors shall not be liable in any way whatsoever for any such delay in payment or charges incurred to the Tutor

8.6  If the Tutor is unable to provide the Services due to illness or injury they shall advise the Company and the Client and/or Student of that fact as soon as reasonably practicable. If the Tutor is unable to provide the Services due to holiday or other unavoidable circumstance, the Tutor shall advise the Company and the Client and/or Student of that fact at least 24 hours before the Services are due to be performed. 


8.7  The Tutor shall use reasonable endeavours to ensure that they are available at all times on reasonable notice to provide such assistance or information as the Company may require. 


8.8  Unless they have been specifically authorised to do so by the Company in writing, the Tutor shall not:

(8.8.1)  have any authority to incur any expenditure in the name of or for the account of the Company; or 


(8.8.2)  hold themselves out as having authority to bind the Company; or

(8.8.3) present themselves in any situation as being an employee or worked employed by the Company.


8.9  The Tutor shall comply with all reasonable standards of safety and comply with the health and safety procedures from time to time in force at any Premises where the Services are provided and report to the Company of any unsafe working conditions or practices. 


8.10  The Tutor undertakes to the Company that during the Engagement they shall take all reasonable steps to offer (or cause to be offered) to the Company any Business Opportunities as soon as practicable after the same shall have come to their knowledge, provided that nothing in this clause shall require the Tutor to disclose any Business Opportunities to the Company if to do so would result in a breach by the Tutor of any obligation of confidentiality or of any fiduciary duty owed by the Tutor to any other person, firm or Company. 


8.11  The Tutor may use another person, firm or the Company to perform any administrative, clerical or secretarial functions which are reasonably incidental to the provision of the Services provided that the Company will not be liable to bear the cost of such functions. 


8.12  The Tutor shall not invoice any Client and/or Student directly or accept payment in respect of the Services directly from any Client and/or Student.

8.13 The safety, welfare, wellbeing and care of minor clients/students or the protection of any client/student’s property shall be the responsibility of the client/student and an adult (other than the Tutor). Meaning, that the Tutor must never be alone with a minor in any home/location whilst providing services to the Client/Student/the Company.

8.14 The Tutor accepts that they are directly liable for any damage caused to the property of the Client/Student and that the Company accepts no liability whatsoever.

9. FEES

9.1 The Company operate a free trial lesson scheme for which the Company makes no charge to the Clients/Students. The Company will make payment to the Tutor for the trial lesson only when the Client/Student commits to further lessons with the Tutor.  

9.2 In consideration of the provision of the Services during the Engagement, the Company shall pay the Tutor a fee according to the level of teaching required for the Student and geographical location of the Student according to the tutorial fees agreed between the Tutor and the Company. 


9.3  The fee shall become due to the Tutor as soon as the Client and/or Student make payment to the Company for the provision of the relevant Services provided by the Tutor on behalf of the Company. 


9.4  Upon receipt of an invoice, and providing the Tutor has fulfilled the responsibilities outlined in the Agreement, the Company shall pay the Tutor the fee due by no later than the 7th  working day following receipt of the invoice. Fees are payable by a bank transfer to the Tutor’s bank account or by cheque. 


9.5  If any dispute arises as to the amount of fee payable by the Company to the Tutor, the same shall be referred to the Company auditors for settlement and their decision shall be final and binding on both parties. 


9.6 The Company shall be entitled to deduct from the fees (and any other sums) due to the Tutor any sums that the Tutor may owe to the Company at any time.

9.7 The Company operates a tutor referral scheme and will make a one-off payment to the Tutor if they introduce a new tutor to the Company and the new tutor is matched with a Client/Student.  


10. OTHER ACTIVITIES

Nothing in these Terms shall prevent the Tutor from being engaged, concerned or having any financial interest in any Capacity in any other business, trade, profession or occupation during the Engagement provided that such activity does not cause a breach of any of the Tutor's obligations under this Agreement.

11. RESTRICTIONS AND CONFIDENTIALITY

11.1 In order to protect the Confidential Information, trade secrets and business connections of the Company to which the Tutor has access as a result of the Engagement, the Tutor agrees that they shall not; 

 (11.1.1)  throughout the duration of the Engagement or for [12] months after the Termination Date solicit or endeavour to entice away from the Company the business or custom of a Client and/or Student with a view to providing services directly or indirectly to that Client and/or Student in competition with business of the Company; or 


(11.1.2)  throughout the duration of the Engagement or for [12] months after the Termination Date provide services to a client or student who has been referred by a Client and/or Student; or 


(11.1.3)  throughout the duration of the Engagement or for [12] months after the Termination Date, offer to employ or engage or otherwise endeavour to entice away from contracting with the Company any other tutor; or 


(11.1.4)  at any time after the Termination Date, represent themselves as connected with the Company in any Capacity. 


11.2  The restrictions imposed on the Tutor by this clause apply to them acting:

(11.2.1)  directly or indirectly; and 


(11.2.2)  on their own behalf or on behalf of, or in conjunction with, any firm, Company or person. 


11.3  Each of the restrictions in this Service Agreement  is intended to be separate and severable. If any of the restrictions shall be held to be void but would be valid if part of their wording were deleted, such restriction shall apply with such deletion as may be necessary to make it valid or effective. 


11.4  If the Tutor breaches any of the conditions of the Service Agreement, the Tutor shall pay on demand to the Company the greater of £1,000.00 or the sum equal to the Powertutors fees had the Tutor not breached said conditions. 


11.5  The Tutor acknowledges that in the course of the Engagement they will have access to Confidential Information. The Tutor has therefore agreed to accept the restrictions in this clause.


11.6  The Tutor shall not (except in the proper course of their duties) either during the Engagement or at any time after the Termination Date, use or disclose to any person, firm or the Company (and shall use his best endeavours to prevent the publication or disclosure of) any Confidential Information. This restriction does not apply to:

(11.6.1)  any use or disclosure authorised by the Company or required by law; or 


(11.6.2)  any information which is already in, or comes into, the public domain otherwise than through the Tutor's unauthorised disclosure. 


11.7 All documents, manuals, hardware and software provided for the Tutor's use by the Company, and any data or documents (including copies) produced, maintained or stored on the Company's computer systems or other electronic equipment (including mobile phones provided by the Company), remain the property of the Company.

12. DATA PROTECTION

12.1 Any information and data provided by the Tutor to the Company and used by the Company directly or indirectly in the performance of this agreement shall remain at all times the property of the Company. It shall be identified, clearly marked and recorded as such by the Company on all media and in all documentation.

12.2 The Company shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of the data and information.

12.3 In the event of termination of this agreement the Company shall when directed to do so by the Tutor instruct all its agents and sub-contractors to erase all information and data provided by the Tutor and all copies of any part of the information and data provided by the Tutor from the Company’s systems and magnetic data.

12.4 The Company agrees to comply and have adequate measures in place to ensure that its staff comply at all times with the provisions and obligations contained in (as amended from time to time)

(12.4.1) The Data Protection Act 1998 (superseded by the EU General Data Protection Regulation)

(12.4.2) The Telecommunications (Data Protection and Privacy) (Direct Marketing) Regulations 1998

(12.4.3) The Consumer Protection Distance Selling Regulations 2000.

13. INTELLECTUAL PROPERTY

13.1 Unless otherwise stated, the copyright and other Intellectual Property Rights in all the materials and on the website (including without limitation photographs and graphical images) are owned by the Company. For the purposes of this legal notice, any use of extracts from the website or the materials other than in accordance with these provisions is prohibited.

13.2  The Tutor acknowledges that, because of the nature of their duties and the particular responsibilities arising from the nature of their duties, they have and shall have at all times, while they are engaged by the Company, a special obligation to further the interests of the Company. 


13.3  The Tutor commits to the Company that:

(13.3.1)  they have not given and will not give permission to any third party to use any of the Works or the Inventions, nor any of the Intellectual Property Rights in the Works; 


(13.3.2)  They are unaware of any use by any third party of any of the Works or Intellectual Property Rights in the Works; and 


(13.3.3)  the use of the Works or the Intellectual Property Rights in the Works by the Company will not infringe the rights of any third party. 


13.4  The Tutor waives any moral rights in the Works to which they are now or may at any future time be entitled under Chapter IV of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction, including (but without limitation) the right to be identified, the right of integrity and the right against false attribution, and agrees not to institute, support, maintain or permit any action or claim to the effect that any treatment, exploitation or use of such Works or other materials, infringes the Tutor's moral rights. 


13.5  The Tutor acknowledges that no further remuneration or compensation other than that provided for in these Terms is or may become due to the Tutor in respect of the performance of their obligations under this clause Intellectual property. 


14. INSURANCE AND LIABILITY

14.1 The Tutor shall have personal liability for any loss, liability or costs (including reasonable legal costs) incurred by the Company in connection with the provision of the Services.

15. TERMINATION

15.1 The company may terminate the Engagement with immediate effect with no liability to make any further payment to the Tutor (other than in respect of amounts accrued prior to the Termination Date) if at any time the Tutor:

(15.1.1)  is guilty of any gross misconduct affecting the business of the Company; or 


(15.1.2)  commits any serious or repeated breach or non-observance of any of the provisions of these Terms or refuses or neglects to comply with any reasonable and lawful directions of the Company; or 


(15.1.3)  is convicted of any criminal offence (other than an offence under any road traffic legislation in the United Kingdom or elsewhere for which a fine or non-custodial penalty is imposed); or 


 (15.1.4)  has in the reasonable opinion of the Board any adverse information concerning them following any check or renewal of a check at the Criminal Records Bureau or unsatisfactory references; or

(15.1.5)  is in the reasonable opinion of the Board negligent and incompetent in the performance of the Services; or 


(15.1.6)  ceases or it transpires that the Tutor does not in the reasonable opinion of the Board hold suitable qualifications in order to perform the Services; or 


(15.1.7)  has not disclosed to the Company any information about themselves which in the reasonable opinion should have been disclosed to the Company having regard to the nature of the Services being performed by the Tutor; or 


(15.1.8)  is declared bankrupt or makes any arrangement with or for the benefit of their creditors or has a county court administration order made against them under the County Court Act 1984; or 


(15.1.9)  becomes of unsound mind or a patient under any statute relating to mental health; or 


(15.1.10)  is incapacitated (including by reason of illness or accident) from providing the Services for an aggregate period of 90 working days in any [52 week] consecutive period; or 


(15.1.11)  is guilty of any fraud or dishonesty or acts in any manner which in the opinion of the Board brings or is likely to bring the Tutor or the Company into disrepute or is materially adverse to the interests of the Company. 


15.2 The rights of the Company are without prejudice to any other rights that it might have at law to terminate the Engagement or to accept any breach of these Terms  on the part of the Tutor as having brought these Terms to an end. Any delay by the Company in exercising its rights to terminate shall not constitute a waiver thereof.

16. OBLIGATIONS UPON TERMINATION

16.1 On the Termination Date the Tutor shall:

(16.1.1)  within 7 calendar days, deliver to the Company all documents, books, materials, records, correspondence, papers and information (on whatever media and wherever located) relating to the business or affairs of the Company or its business contacts, and any other property of the Company, which is in their possession or under their control; 


(16.1.2)  irretrievably delete any information relating to the business of the Company stored on any magnetic or optical disk or memory and all matter derived from such sources which is in their possession or under their control outside the premises of the Company; and 


 (16.1.3) provide a signed statement that they have complied fully with their obligations under this clause Obligations upon termination.

17. STATUS

17.1  The relationship of the Tutor to the Company will be that of independent contractor and nothing in these Terms shall render him an employee, worker, agent or partner of the Company and the Tutor shall not hold himself out as such. 


17.2  These Terms constitutes a contract for the provision of services and not a contract of employment and accordingly the Tutor shall be fully responsible for and shall indemnify the Company for and in respect of:

(17.2.1)  any income tax, National Insurance and Social Security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Services, where such recovery is not prohibited by law. The Tutor shall further indemnify the Company against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by the Company in connection with or in consequence of any such liability, deduction, contribution, assessment or claim other than where the latter arise out of the Company's negligence or wilful default.


(17.2.2)  any liability for any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by the Tutor against the Company arising out of or in connection with the provision of the Services. 


17.3  The Company may, at its discretion, satisfy such indemnity (in whole or in part) by way of deduction from any payments due to the Tutor. 


18. NOTICES

18.1  Any notice given under these Terms shall be in writing and signed by or on behalf of the party giving it and shall be served by delivering it personally, or sending it by pre-paid recorded delivery or registered post to the relevant party at (in the case of the Company) its registered office for the time being and (in the case of the Tutor) their last known address. Any such notice shall be deemed to have been received:

(18.1.1)  if delivered personally, at the time of delivery; 


(18.1.2)  in the case of pre-paid recorded delivery or registered post, [48] hours from the date of posting. 


18.3  In proving such service it shall be sufficient to prove that the envelope containing such notice was addressed to the address of the relevant party and delivered either to that address or into the custody of the postal authorities as a pre-paid recorded delivery or registered post.

 19. ENTIRE AGREEMENT AND PREVIOUS CONTRACTS 


19.1 Each party on behalf of itself acknowledges and agrees with the other party that:

(19.1.1)  these Terms constitute the entire agreement and understanding between the Tutor and the Company and supersedes any previous agreement between them relating to the Engagement (which shall be deemed to have been terminated by mutual consent); 


(19.1.2)  in entering into these Terms neither party has relied on any Pre-Contractual Statement; and 


(19.1.3)  the only remedy available to either party for breach of these Terms shall be for breach of contract under the terms of these Terms and it shall have no right of action against any other party in respect of any Pre-Contractual Statement. Nothing in these Terms shall, however, operate to limit or exclude any liability for fraud. 


19.2  No variation of these Terms shall be valid unless it is in writing and signed by or on behalf of each of the parties. 


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


20.REPORTING PROCEDURE REQUIRED BY POWERTUTORS 


  • Contact a Client and/or Student within 24 hours of receipt of the personal details received by Powertutors. If the Tutor cannot contact the Client and/or Student within that time, to inform Powertutors within the next 24 hour period. 


  • Inform Powertutors of the proposed starting date and the regular time slot and any other specific arrangements proposed between the Tutor and the Client and/or Student within 24 hours of such arrangements.

  • Inform Powertutors of the termination date in relation to the Services if a Client and/or Student has informed the Tutor direct that it wishes to discontinue subscribing for the Services. 


  • Planning and Implementing the tuition programmes and an appropriate course of study for each individual client/student that may be introduced by Powertutors by obtaining as much information as possible about the client/student’s requirements during any initial telephone conversations between the Tutor and the client/student 


  • Advising the client/student if any documents / information is needed to be brought to the first tuition session (eg:- school reports, school work and/or educational psychologist report) to enable the Tutor to assess the client/student, plan the tuition programme and  provide the best possible service for the client/student. The Tutor is responsible for co-ordinating the tuition and will request the necessary information from the client/student from time to time. 


  • A session will usually last one hour. The Tutor may agree longer or shorter sessions but this should be agreed in advance between the client and Powertutors. 


  • If a Client and/or Student has permanently terminated its subscription for the Services, then the Client and/or Student is required to give Powertutors one weeks’ notice of such termination. • Powertutors will ensure that
the client/student is clear that this is their responsibility to provide exercise and text books

Powertutors UK