These Terms and Conditions were last updated in May 2023.
Your agreement to comply with these Terms and Conditions is indicated by your use of Our Site. If you do not agree to these Terms and Conditions, you must stop using Our Site immediately.
The following documents also apply to your use of Our Site:
We are a limited company registered in England and Wales under company number 08580263. Our registered address is 6th Floor 25 Farringdon Street, London EC4A 4AB
To contact Us, please email Us at support@mytutor.co.uk or telephone Us on +44 (0) 203 773 6020.
We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted. If We suspend or discontinue Our Site (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.
We may alter and update Our Site (or any part of it) at any time.
As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.
All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
Further information is available from the UK Intellectual Property Office.
Linking to other pages on Our Site requires our express written permission.
You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
It is provided for general information purposes only.
Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
We may take one or more of the following actions in response:
We will only use your personal information as set out in Our Privacy and Cookie Policies, available from https://www.mytutor.co.uk/privacy/
Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.
If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 30 days for your request to take effect and you may continue to receive emails during that time.
We keep our statement under regular review. These Terms and Conditions were last updated in 21st September 2020.
Account means the secure account(s) created by you, which hold(s) your personal information and from which you can access the Services via your MTW Login.
Additional MTW Credits refers to credits which are added to your Account by MTW as a result of, for example: the distribution of a ‘Referral Discount Code’, any offer, a goodwill gesture or similar gifting/promotion by MTW.
Customer or you means a person who is registered to use the Site with a view to directly engaging with the Tutor for the provision of Tutoring Services in accordance with the Customer Contract, whether that be the Student or (if the Student is under eighteen years old), the Student’s Sponsor.
Customer Ratings means the 1-5 star ratings (1 star being poor; 5 stars being outstanding) left by a Customer on the Site to feed back on the performance of the Tutoring Services by a Tutor.
Customer Tools refers to the minimum hardware, software and connectivity requirements for using and accessing the MTW Services, including: the use of a computer, recommended browser, webcam, a broadband internet connection (with sufficient bandwidth), a sound card, a headset and microphone.
Customer Contract means the contract between you and the Tutor which is created in accordance with clause 4.6 on the terms set out in Schedule 1 of this Agreement.
Data Protection Legislation means the Data Protection Act 2018, the UK GDPR (as defined in the Data Protection Act 2018), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
Dispute means any dissatisfaction expressed by you (including any low Customer Rating) or any complaint made by you or any other dispute or potential dispute or claim of a Customer in connection with the provision of the Tutoring Services rendered by a Tutor, or with the provision of the MTW Services, and which is notified to you by MTW as being a Dispute.
Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trade marks and service marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection which subsist now or in the future in any part of the world.
Instant Help Session(s) refers to a type of Tutoring Service which can be arranged and purchased on the Site and which is delivered instantly subject to immediate payment of MTW Credits from the MTW Wallet.
Losses means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
Materials means any content relating to the Tutoring Services including (without limitation) images, videos (audio and/or visual), text, music, trademarks, symbols, logos and slogans.
Meet The Tutor Session means an optional unpaid interview between you and a potential Tutor lasting approximately fifteen minutes, which provides an opportunity for you to become acquainted with that Tutor, discuss your specific learning requirements and concerns, and to assess their suitability for you.
MTW Credit(s) means the pre-paid credits deposited in the MTW Wallet which can be used to pay for the MTW Payments and the Tutor Fees upon redemption. One MTW Credit represents £1 (one pound sterling).
MTW Payments means the amounts payable by you to MTW in consideration for the provision of the MTW Services to you, as set out on the Site.
MTW Services means the provision by MTW of an online platform with an online marketplace for Customers to contact Tutors; the Site; a database of Tutors and Tutor profiles; back-office support including (without limitation) customer services, billing services, website and IT services; and, a virtual Tutorial space.
MTW Wallet means the online electronic wallet where the Customer’s MTW Credits are held.
Platform Fee means a fee charged to the Customer when the Customer books a Tutorial and when the Customer purchases MTW Credits for the purpose of booking a Tutorial, and as further set out in clause 8. Platform Fees are charged on a per transaction basis.
Recording means the video (including audio and images) of any Tutorial or Instant Help Session which can be accessed and viewed via the relevant Account for up to one month thereafter.
Referral Discount Code means the promotional discount code that MTW may provide to a Customer and which the Customer may subsequently pass on to a new prospective client.
Services means the MTW Services (as provided by MTW) and the Tutoring Services (as provided by the Tutor).
Site means a website owned and managed by MTW including www.mytutor.co.uk
Sponsor means the person (e.g. a parent, guardian, carer or other person, or the same person as the Student if they are over eighteen years old) entering into the Agreement with MTW on behalf of the Student and who is responsible for the Student and the payment of the Tutor Fees.
Student means a person using the MTW Services to receive Tutoring Services.
Tutor means a registered tutor who has been allowed access to the Site to carry out the Tutoring Services to Customers.
Tutor Fees means the amounts payable by you to the Tutor for the Tutoring Services, as set out on the Site.
Tutorial(s) means the online, pre-booked tutoring session(s) booked by a Customer with a Tutor via the Site.
Tutoring Services means the provision of Tutorials in real-time and Instant Help Sessions, suitably tailored to meet the individual requirements of the Students (as communicated to the Tutor or MTW) including access to the Recordings.
Tutor Mail means the internal mail system on the Site which allows Customers and Tutors to correspond with each other.
UGC means user generated content provided (including Materials), uploaded, embedded or otherwise displayed and/or stored on the Site by the Customer for the purposes of accessing or using the Services which may include (without limitation): your profile, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on, the Site for your use and for use by MTW and a Tutor.
VAT means value added tax chargeable under English law for the time being and any similar additional tax.
including (without limitation): address, telephone number, email address, National Insurance number, MTW Login or any other information which could be used to identify or locate you or the Tutor, as applicable.
except for and to the extent that any such Losses arise directly as a result of MTW’s negligence or any breach by MTW of this Agreement.
The terms of this Agreement were last updated on 18/12/2023.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
a) you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what You're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also Schedule 1 paragraphs 4 and 8, which cover your contractual rights to change your mind and end the Contract.
Account means the secure account(s) created by you on sign up which holds your personal information and profile and from where you can access the MTW Services via your MTW Login.
Account means the secure account(s) created by you on sign up which holds your personal information and profile and from where you can access the MTW Services via your MTW Login.
Additional MTW Credits refers to credits that are credited to Sponsor's Account by MTW as a result of, for example: the distribution of a 'Referral Discount Code', any offer, a goodwill gesture or similar gifting/promotion. Such shall have no cash equivalent, shall not be refundable or capable of being withdrawn by a Tutor other than by means of a redemption in respect of Tutoring Services.
Customer means a person using the Site for the provision of Tutoring Services, whether that be the Student or (if the Student is under 18 years old), the Student's Sponsor.
Customer Contract means the contract between the Customer and you.
Customer Ratings means the ratings left by a Customer on the Site in response to the performance of the Tutoring Services by a Tutor which is scored on a 1-5 star rating (1 being poor; 5 being outstanding).
Confidential Information means any information which is imparted to or obtained by you under this Agreement from MTW, before or after the date of this Agreement and in confidence (whether in writing, verbally or by other means, whether directly or indirectly, and in any form) or any information which is confidential in nature, relating to the business or prospective business, current or projected plans or internal affairs of MTW including (without limitation) information pertaining to Customers, logging in, Customer Ratings or other feedback, MTW correspondence and any other commercial, financial or technical information or other information relating to the business or prospective business of MTW which might reasonably be considered to be confidential in nature.
Current Account means your bank account which will accept payments by BACS.
Data Protection Legislation means the Data Protection Act 2018, the UK GDPR (as defined in the Data Protection Act 2018), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
Dispute means any dissatisfaction expressed by a Customer (including any low Customer Rating) or any complaint made by a Customer or any other dispute or potential dispute or claim of a Customer in connection with the provision of the Tutoring Services rendered by you, or with the provision of the MTW Services which is communicated to you.
Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trade marks and service marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection which subsist now or in the future in any part of the world.
Losses means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
Materials means any content relating to the Tutoring Services including (without limitation) images, videos (audio and/or visual), text, music, trademarks, symbols, logos and slogans.
Meet The Tutor Session is an optional unpaid interview between you and a new Customer lasting approximately 15 minutes, which provides an opportunity for you to generate work and expand your Student base.
MTW Login refers to your unique username and password.
MTW Services includes: the provision of an online platform whereupon MTW provides an online marketplace for Customers to contact Tutors; the Site; technical functionality for Customers to receive your Tutoring Services; a database of Tutors; back-office support including customer services, billing, website; and, IT services including the use of the virtual Tutorial space.
Platform Fee means the fee charged by MTW to the Customer for the provision of the MTW Services to the Customer.
PoCA List means the Protection of Children Act.
PoVA List and List 99 means to the Protection of Vulnerable Adults scheme.
Recording means a recording of any Tutorial or 'Instant Help Session' which can be viewed for up to 3 months thereafter.
Refund Event means any event where a refund of all or part of any Tutor Fees is issued to the Customer by the Tutor, and as further detailed in clause 6.3.
Site means a website owned and managed by MTW including www.mytutor.co.uk.
Sponsor means the party entering into the Customer Contract for Tutoring Services on behalf of the Student (being either parent, guardian, carer or similar if the Student is aged under 18), or, if the Student is aged 18 or over, the Sponsor and the Student may be the same person.
Student means a person receiving the Tutoring Services from you via the Site.
Tools means the minimum hardware and connectivity requirements for you to be able to deliver your Tutoring Services using the Site including the use of a computer, recommended browser, webcam, a broadband internet connection (with sufficient bandwidth), a sound card and a headset and microphone.
Tutor or you means a tutor who has been allowed access to the Site and MTW Services to carry out the Tutoring Services to Customers.
Tutor Bank Account means the bank account where Tutor Fees are held on behalf of the Tutor prior to the completion of the lesson or 'Instant Help Session' and MTW transferring the Tutor Fees to Tutors.
Tutor Fees means the amounts payable by the Customer directly to you for the Tutoring Services.
Tutorial(s) refers to the online pre-booked tutoring session which is booked by a Customer with you via the Site.
Tutorial Fee means the Tutor Fees and the Platform Fee payable by the Customer for each Tutorial.
Tutor Mail means the internal email system available for Customers to contact Tutors and vice versa via the Site.
Tutoring Services means the Tutor's provision of Meet the Tutor Sessions and online Tutorials by way of individual lessons in real-time suitably tailored to meet the individual requirements of the Students.
UGC means user generated content provided (including Materials as defined above), uploaded, embedded or otherwise displayed and/or stored on the Site by the Tutor for the purposes of carrying out the Tutoring Services which may include (without limitation): your profile, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on, the Site for your use and for use by MTW and a Customer.
VAT means value added tax chargeable under English law for the time being and any similar additional tax.
2.1. At our discretion, we may authorise you to use the Site and the MTW Services to deliver the Tutoring Services in accordance with this Agreement.
2.2. Subject to the provisions of clause 12.8, MTW reserves the right to terminate this Agreement, the MTW Services and access to the Site if you are inactive on the Site for a continuous period of 1 month. If we exercise our rights under this clause 2.3 then you will not be permitted to re-access the Site or login to your Account without our express written permission.
2.3. Where terminated, MTW shall deactivate Your MTW Login and Account promptly.
3.1. When you use the Site, you must comply with our reasonable directions, including those relating to the protection of Students' safety as amended from time to time and in accordance with this Agreement.
3.2. You must comply with our Safeguarding Policy, Code of Conduct and any other policies which we may publish on the Site from time to time (the "Mandatory Policies"). We may terminate this Agreement with immediate effect with or without prior notice to you if you commit, or we suspect that you have committed a breach, of any part of the Mandatory Policies, as further described in clause 12.
3.3. You agree and acknowledge that our reasonable directions and the Mandatory Policies are in place to protect the safety of Tutors, Customers and Students. Where applicable, you agree to provide all assistance reasonably required, including in relation to the protection of Students' safety, and report any concerns to us as soon as possible by following the instructions available at https://www.mytutor.co.uk/safeguarding-procedures/
3.4. Use of the Site is entirely at your own risk and you must exercise complete caution at all times when dealing with Customers and when entering into legally enforceable Customer Contracts to provide Tutoring Services to a Customer.
3.5. You further and specifically agree to:
3.5.1. provide, on our request:
3.5.1.1. confirmation of your identity;
3.5.1.2. confirmation of your experience;
3.5.1.3. copies of any relevant training records, qualifications or authorisations;
3.5.1.4. two written references from persons who are not your relatives and who have agreed that the reference provided may be disclosed to the Sponsor and the Student;
3.5.1.5. and/or any other information we may reasonably request.
3.5.2. authorise MTW to act as your agent to agree the Customer Contract on your behalf and collect Tutor Fees (as further detailed in clause 6.3);
3.5.3. provide MTW with your Current Account details which must be a UK current account and held in the Tutor's name;
3.5.4. assume all responsibility in your role as Tutor and for the provision of Tutoring Services to the Customer which includes the preparation and content of lessons;
3.5.5. advise MTW at the earliest opportunity of any issue relating to your access to the Tools;
3.5.6. accept full responsibility for any Dispute which may arise in connection with your use, misuse or any malfunctioning of your Tools;
3.5.7. obtain, use and maintain in good working order your Tools. Any problem or technical issue connected to your personal computer or internet service provider is not the responsibility of MTW and MTW shall have no liability whatsoever in relation to any such issue. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;
3.5.8. act at all times in accordance with the highest professional standards and not act in any way which could bring MTW into disrepute;
3.5.9. only accept instructions and Tutorials within your area of expertise, and that are within your abilities and competency;
3.5.10. and ensure that any information provided by You to MTW and a Customer remains true, accurate, up-to-date and complete at all times during the duration of this Agreement.
3.6. You shall notify the Customer immediately if you become ill or otherwise incapable and unable to provide the Tutoring Services.
3.7. If clause 3.6 applies and depending on the specific circumstances, MTW and Tutor shall discuss in good faith a possible delay of the Tutoring Services. During such discussions, you shall notify MTW of what you propose to agree between you and the Customer regarding the delay or reassignment of those Tutoring Services to another Tutor.
3.8. Notwithstanding clause 3.7, and anything proposed or agreed thereunder, we reserve the right to take any action if clause 3.6 applies.
3.9. You agree at all times to comply fully with our Acceptable User Agreement, as may be updated from time to time.
3.10. Without prejudice to any other right or remedy we may have, we reserve the right to suspend or deactivate your MTW Login, Account and access to the Site and any part of our platform without notice at any time for any actual or suspected breach of any of your obligations under this Agreement.
4.1. MTW agrees to:
4.1.1. subject to clause 4.2, provide the MTW Services with all due care, skill and ability and in a timely manner and in the best interests of the Customer and the Tutor;
4.1.2. devote as much time to the provision of the MTW Services as may be necessary for their proper performance;
4.1.3. provide promptly and give to the Tutor all such information as they may reasonably require in connection with the provision of the MTW Services.
4.2. We may suspend or withdraw or restrict the availability of all or any part of the Site and the MTW Services for business and operational reasons, including regular (and emergency) maintenance and upgrades. Where reasonably possible, these activities shall be notified to you in advance.
4.3. MTW shall use reasonable endeavours to make the MTW Services and Site available to all Tutors on an “as is” basis. MTW makes no warranty, guarantee or representation as to, and accepts no liability whatsoever in connection with, the availability or suitability of the Site and/or the MTW Services.
4.4. You agree and acknowledge that, in exceptional cases, there may be other reasons relating to incompatibility (for example) as to why you may be unable to access all or part of the MTW Services or Site.
4.5. MTW shall not be responsible nor liable as a result of any act or omission by you relating to your inability to access all or part of the MTW Services or Site, including (without limitation):
4.5.1. resultant feedback (echoes), audio breakups, video or sound delays;
4.5.2. your failure to use or configure any Tools or other equipment;
4.5.3. your failure to at least meet the minimum system requirements of the Tools.
4.1. You agree and acknowledge that from time to time you may experience entire or partial failure of your video during the delivery of the Tutoring Services due to fluctuations or insufficient bandwidth relating to your own internet provider. Under such circumstances, you agree that the Tutoring Service shall continue without video and confirm that this is acceptable to you in all circumstances. You agree that any such failure of your video shall not materially affect the standard of the Tutoring Services.
5.1. You will not be charged by MTW for your use of the Site or the MTW Services. MTW and the Tutor will agree the Tutor Fees payable per Tutorial in advance, via the Site.
5.2. You acknowledge that the Tutorial Fee published on the Site is made up of the Tutor Fees and the Platform Fee. The Tutor Fees are reviewable by Tutors and MTW and any revised fees and charges shall be effective immediately upon being published on the Site and will be applicable to all bookings made after such publication.
5.3. You authorise MTW to act as your agent to accept the Tutor Fees from the Customer via any forms of payment (as may be approved by MTW and notified on the Site from time to time) in connection with the provision of the Tutoring Services on the Tutor’s behalf.
5.4. MTW holds all Tutor Fees (which will be calculated with reference to undisputed and completed Tutoring Services) for the Tutor in a dedicated Tutor Bank Account for a limited time before releasing such Tutor Fees to you in accordance with clause 6 below.
5.5. You agree and acknowledge that:
5.5.1. you are self-employed under the Customer Contract;
5.5.1. and you are directly responsible to HMRC for all matters regarding Income Tax, VAT and relevant National Insurance contributions.
5.6. You agree and acknowledge that nothing in this Agreement forms or constitutes a contract of employment between you and MTW. You shall be fully responsible for and indemnify MTW against any liability, assessment or claim (whether actual or threatened) for any employment-related claim or any claim based on worker status brought by you relating to your Tutoring Services. This indemnity shall include all expenses and costs, including legal fees, incurred by MTW in dealing with any such actual or threatened claim brought by you or by somebody on your behalf.
5.7. You will keep records of payments of Tutor Fees paid to you for the completion of annual Tax Returns.
5.8. You hereby agree to fully indemnify MTW for or against all and any demands by HMRC to MTW for Income Tax, VAT or National Insurance, or any other claim by HMRC, including any interest or penalties, arising in connection with your failure to account properly or at all for any liabilities to HRMC arising from your Tutoring Services. This indemnity shall include all expenses and costs, including legal fees, incurred by MTW in dealing with any such claim by HMRC.
5.9. Nothing in this Agreement shall prevent you from being engaged in, concerned with or from having any financial interest in any capacity in any other business, trade, profession or occupation during the term of this Agreement provided that such activity does not cause a breach of any of your obligations under this Agreement.
5.10. The Customer Contract set out in the Schedule to this Agreement will be issued by MTW to the Customer at the time MTW accepts the Customer's order and forms the contract between the Tutor and the Customer for the provision of the Tutoring Services.
5.11. The total fees payable to MTW by the Customer are calculated on the following basis: Tutor Fees + Platform Fees = total Customer pays. Platform Fees are charged on a per transaction basis. Each Platform Fee is an amount equal to a maximum of 49% of the total fees payable to MTW by the Customer.
5.12. MTW charges Platform Fees in order to provide the following MTW Services (without limitation):
5.12.1. safe and secure platform governed by a safeguarding and legal team, safeguarding and legal processes including DBS checks to ensure lessons are safe and compliant;
5.12.2. Tutor recruitment, selection and safeguarding training activities, including recruiting, screening, interviewing, and vetting of Tutors to ensure our Tutors are of the highest quality;
5.12.3. Meet The Tutor Sessions;
5.12.4. customer service teams and processes to ensure any Customer issues are dealt with efficiently and effectively;
5.12.5. tutor services teams and processes to ensure any Tutor issues are dealt with efficiently and effectively;
5.12.6. payment systems and processes to ensure all payments are timely and accurate; and
5.12.7. other operational costs relating to running our business such as operations, customer marketing costs, cybersecurity, technical maintenance and platform improvement.
6.1. MTW shall pay to you the Tutor Fees collected by MTW on your behalf.
6.2. MTW shall provide a self-remittance invoice to you for Tutoring Services every two weeks setting out the hours that you have worked, as recorded by you, during the preceding month. More details on the payment process is set out in our FAQs.
6.3. If any Refund Event occurs before you have received the relevant Tutor Fees from MTW, MTW will be entitled in its sole discretion to refund all or part of any relevant Tutor Fees to the Customer on behalf of the Tutor. In such circumstances, the Tutor will receive either no Tutor Fees or only part of the Tutor Fees as agreed by MTW and the Customer, in respect of the relevant Tutorial(s).
6.4. If any Refund Event occurs after the Tutor has received the relevant Tutor Fees from MTW, MTW shall be entitled to withhold sufficient monies and offset any amounts payable to the Tutor by the Customer under the Customer Contract (including any Tutor Fees collected by MTW in respect of any Tutoring Services or Tutorials provided by you) in order to refund the Customer with monies equal to the refundable Tutor Fees.
6.5. Provided that:
6.5.1. a Tutorial has been completed with both you and the Student present;
6.5.2. and no Refund Event has occurred, you have sole discretion as to whether to issue the Customer with a refund in accordance with the terms of the Customer Contract.
6.6. Without prejudice to any other rights or remedies, and notwithstanding the provisions of clauses 6.3 and 6.4, you shall be responsible for all chargebacks and/or refund requests for Tutorials and Tutoring Services provided and you shall indemnify MTW against all Losses resulting from any such chargebacks and/or refund requests on a full indemnity basis.
6.7. MTW shall be entitled to make any settlement payment to you by BACS to your Current Account (or to such other bank account as the parties may agree in writing).
6.8. If either party fails to make any undisputed payment due under this Agreement within 10 days of the due date for payment, the other party shall be entitled to charge interest on the overdue sum for the period from and including the due date of payment up to the actual date of payment (after as well as before judgment) at the rate of 2% above the base rate per annum from time to time of Barclays Bank plc.
6.9. For the avoidance of doubt, any Tutor Fees payable to you shall not be affected where MTW has provided a Customer with Additional MTW Credits to redeem against Tutoring Services and the Customer redeems such Additional MTW Credits.
7.1. If you publish any UGC via the Site by way of (without limitation): delivering lessons, uploading text or images or videos or contributing to publicly accessible areas of the Site, you automatically and immediately grant:
7.1.1. to MTW, a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the MTW Services, including without limitation the reproduction and sale of the UGC, or any part of it, and products incorporating the same for use by any person anywhere in the world including promoting and redistributing part or all of the MTW Services (and derivative works thereof) in any media formats and through any media channels;
7.1.2. to each user of the MTW Services whether registered as a Tutor or Customer or otherwise, a worldwide, non-exclusive, perpetual, royalty-free licence to access your UGC through the MTW Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the MTW Services and under the terms of this Agreement.
7.2. “Publicly accessible” areas of the Site are intended by MTW to be those parts of the Site which are available to any user of the Site whether that person is registered on the Site or not. You agree and acknowledge that any UGC uploaded by you to create your Tutor profile shall be viewable by all users of the Site and be accessible via worldwide web search engines.
7.3. You acknowledge that all Tutorials that you deliver may be recorded and you agree to the storage and use of such Recordings by MTW. You hereby agree to waive any and all moral rights in and to all UGC.
7.4. You hereby agree and warrant that any UGC you use in the provision of your Tutoring Services will not contain any third-party copyright material, or material which is subject to other third-party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal agreement or permission from the rightful owner, or are otherwise legally entitled to use the UGC in question and to grant the licences referred to in clause 7.1.1 and 7.1.2.
7.5. All Intellectual Property Rights in all Materials produced by you pursuant to using the MTW Services shall be your property. For the avoidance of doubt, this clause does not cover any content communicated, posted or otherwise transmitted to the Site by any third party, including (without limitation) any material, communication, information or ideas so communicated, posted or otherwise transmitted by any Students or other Tutors.
7.6. You shall indemnify MTW against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by MTW arising out of or in connection with any claim made against MTW for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with an claim by any third party including a Customer that the Tutoring Services or UGC provided by you infringe its rights.
7.7. If any third party makes a claim or notifies an intention to make a claim against MTW which may reasonably be considered likely to give rise to a liability under this indemnity (“a Claim”), MTW shall:
7.7.1. as soon as reasonably practicable, give written notice of the Claim to you, specifying the nature of the Claim in reasonable detail;
7.7.2. not make any admission of liability, agreement or compromise in relation to the Claim without your prior written consent (such consent not to be unreasonably conditioned, withheld or delayed), provided that MTW may settle the Claim after giving prior written notice of the terms of settlement (to the extent legally possible) to you, but without obtaining your consent, if MTW reasonably believes that failure to settle the Claim would be prejudicial to it in any material respect;
7.7.3. give you and your professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within the power or control of MTW, so as to enable you and your professional advisers to examine them and to take copies (at your expense) for the purpose of assessing the Claim;
7.7.4. you shall give MTW sole authority to avoid, dispute, compromise or defend the Claim.
7.8. If a payment due from you under this clause is subject to tax (whether by way of direct assessment or withholding at its source), MTW shall be entitled to receive from you such amounts as shall ensure that the net receipt, after tax, to MTW in respect of the payment is the same as it would have been were the payment not subject to tax.
7.9. The Intellectual Property Rights contained on the Site or in the MTW Services cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without MTW’s prior written permission.
7.10. You acknowledge that all Intellectual Property Rights in and relating to MTW Services and the Site are owned by MTW or MTW’s Licensors.
8.1. Where you and the Customer agree to cancel the Tutoring Services pursuant to the Customer Contract, we may repay any relevant Tutor Fees to the Customer by way of credit.
8.2. If you do not attend an arranged lesson without having cancelled it, or if you repeatedly cancel Tutorials, we may terminate this Agreement between you and MTW under clause 12.
8.3. MTW will record details of all cancellations and no-shows by you on its records for a period of 12 months after the event.
8.4. All cancellations by you must be made in writing in advance, directly via the Site and to the Customer, in accordance with the Customer Contract.
9.1. Customers may submit Customer Ratings via the Site and the MTW Services.
9.2. At its sole discretion, MTW may investigate any negative Customer Ratings (which shall be a rating of 1, 2 or 3 out of 5) or where a Tutor or a Customer reports or raises any feedback, issues or concerns that they might have with the other at any time. Irrespective of whether such feedback is positive or more akin to a Dispute, MTW will have full discretion as to whether it informs you of such feedback.
9.3. MTW will use all reasonable endeavours to provide a written response via email to any issue or concern raised by a Customer or a Tutor via the Site within 14 days. MTW reserves the right to inform a Tutor or a Customer respectively of any Dispute raised against them and to provide them with a copy of any response provided by MTW.
9.4. MTW may, at its sole discretion:
9.4.1. investigate any negative Customer Ratings (which shall be a rating of 1, 2 or 3 out of 5) or Dispute;
9.4.2. investigate any feedback, issues or concerns raised by either a Tutor or a Customer about the other at any time;
9.4.3. if clauses 9.3.1 or 9.3.2 apply, suspend or terminate your Account, revoke the licence granted to you under this Agreement to use the Site and the MTW Services, and/or terminate this Agreement with immediate effect under clause 12.
9.5. The parties agree that they shall attempt in good faith to resolve any Dispute or claim promptly through negotiations between you and an officer of MTW.
9.6. During the term of this Agreement, you shall inform MTW immediately if You become aware of any Dispute or potential Dispute between a Customer and you and/or MTW in connection with the provision of the Tutoring Services.
9.7. You agree to cooperate fully with MTW in resolving any Dispute with a Customer.
9.8. In the event of a Dispute prior to the Tutor's receipt of the relevant Tutor Fees, MTW reserves the right to withhold the relevant Tutor Fees in accordance with clause 6.4 until the Dispute has been resolved.
9.9. The outcome of any Dispute instigated by you or a Customer is entirely at the discretion of MTW (acting reasonably).
10.1. In respect of any Personal Data (as defined in the Data Protection Legislation) processed by MTW and the Tutor pursuant to these Tutor Terms:
10.1.1. MTW and the Tutor shall each be an independent data controller;
10.1.2. and each party shall ensure it complies and will continue to comply with the Data Protection Legislation and any regulations made thereunder.
10.2. Without limiting its obligations under clause 10.1.2, in respect of any Personal Data the Tutor shall:
10.2.1. have and maintain such valid registrations as are required by the UK Information Commissioner’s Office and its national supervisory authority (as defined in the applicable Data Protection Law) which covers the data sharing under or in connection with these Tutor Terms, unless an exemption applies;
10.2.2. only process the Personal Data of each Customer or Student for the purpose of providing the Tutoring Services to that Customer or Student (the “Agreed Purpose”);
10.2.3. ensure that it has a legitimate lawful basis for processing all Personal Data processed by it;
10.2.4. ensure that it provides clear and sufficient information to the individuals whose Personal Data it processes as required by the Data Protection Legislation (a “Privacy Policy”);
10.2.5. only process such Personal Data in accordance with its Privacy Policy;
10.2.6. ensure it (or its staff, as applicable) is appropriately trained to handle and process the Personal Data;
10.2.7. comply with, and provide such assistance as is reasonably required to enable MTW to comply with, data subject rights requests within the time limits required by the Data Protection Legislation;
10.2.8. not disclose or transfer Personal Data outside the UK or European Economic Area without prior written agreement from MTW and ensuring that such disclosures or transfers are subject to appropriate safeguards required by the Data Protection Legislation;
10.2.9. if it appoints a third party processor (as defined in the Data Protection Legislation), comply with the Data Protection Legislation and remain liable to MTW for the acts and/or omissions of the processor;
10.2.10. have in place appropriate technical and organisational security measures to prevent unauthorised or unlawful processing of the Personal Data; prevent the accidental loss or destruction of, or damage to, the Personal Data; and ensure a legal of security appropriate to the nature of the Personal Data and the harm that might result from unauthorised or unlawful processing or accidental loss, destruction or damage;
10.2.11. comply with its obligations to report Personal Data breaches to the UK Information Commissioner’s Office or the appropriate supervisory authority, and (where applicable) the individuals whose Personal Data is affected; and
10.2.12. not retain or process the Personal Data for longer than is necessary to carry out the purposes set out in the Privacy Policy, except as required in accordance with any applicable statutory or professional retention periods.
10.3. MTW’s Privacy Policy and Cookie Policy (as may be accessed via the Site and as may be updated from time to time) apply to your use of the MTW Services.
10.4. Use of the Site is entirely at your own risk and you must exercise complete caution at all times when dealing with Customers and when entering into legally enforceable Contracts to provide Tutoring Services to a Customer.
11.1.1. The parties acknowledge that by reason of their relationship under this Agreement, they may from time to time disclose Confidential Information.
11.1.2. Each party shall, during the term of this Agreement and for 5 years thereafter, keep confidential, and shall not use for its own purposes (other than implementation of this Agreement) nor without the prior written consent of the other disclose to any third party (except its professional advisors or as may be required by any law or any legal or regulatory authority) any Confidential Information which may become known to such party from the other party and which relates to the other party, unless that information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this Agreement, or subsequently comes lawfully into the possession of such party from a third party.
11.1.3. Each party shall use its best endeavours to prevent the unauthorised disclosure of any such information.
11.1.4. Confidential Information shall not include information which:
11.4.1. is or becomes generally available to the public other than as a result of the breach of the confidentiality obligations in this Agreement by the receiving party;
11.4.2. is or has been independently acquired or developed by the receiving party without violating any of the confidentiality obligations in this Agreement;
11.4.3. was within the receiving party’s possession prior to it being furnished to the receiving party by or on behalf of the disclosing party;
11.4.4. is received from a source other than the disclosing party, provided that, in the case of 11.4.3 and 11.4.4 above, the source of such information was not known by the receiving party to be bound by a confidentiality obligation to the disclosing party or any other party with respect to such information.
11.1.5. The terms of this Agreement are confidential and may not be disclosed by one party without the prior written consent of the other party.
11.1.6. On termination or expiry of this Agreement, you shall immediately:
11.6.1. return all Confidential Information in your possession together with all copies thereof; or
11.6.2. if required or requested by MTW to do so, destroy all Confidential Information in your possession, custody or control by shredding or incinerating the same and/or irretrievably deleting the same if stored on electronic or magnetic media and certify to MTW that the same has been done.
12.1. This Agreement shall commence on the date you sign up to the Site (“the Effective Date”) and shall continue unless terminated by MTW under this clause 12.
12.2. MTW may suspend or terminate this Agreement and your access to the Site and the MTW Services immediately by serving written notice (including details of our reasons) on or if:
12.2.1. MTW finds or reasonably suspects that any information provided by you is untrue, inaccurate, out-of-date, or incomplete;
12.2.2. your rating by Customers is deemed by MTW (acting reasonably) to be unsatisfactory;
12.2.3. you act in any way that has brought, or could bring, MTW in to disrepute;
12.2.4. you are convicted of a criminal offence or are the subject of any investigation, which may in MTW’s opinion impact Student safety;
12.2.5. you are in material breach of this Agreement; or
12.2.6. you do not use the Site or MTW Services, or your Account is inactive, for a continuous period of 1 month.
12.3. You may contact us to discuss any of the issues raised in any notice issued by us under clause 12.2 using the contact methods set out on the Site.
12.4. Without prejudice to clauses 12.2 and 12.3, MTW may terminate this Agreement by giving you 30 days written notice if:
12.4.1. you commit a material breach of any term of this Agreement and (if such breach is remediable) you fail to remedy that breach within a period of 30 days after being notified in writing to do so;
12.4.2. you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the IA 1986;
12.4.3. you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation; or
12.4.4. you do not use the Site or MTW Services, or your Account is inactive, for a continuous period of 1 month;
12.5. If you repeatedly breached any of the terms of this Agreement, we may immediately terminate this Agreement with you by serving written notice.
12.6. Either Party may terminate this Agreement for convenience without compensation by 30 days written notice on the other.
12.7. Upon termination of this Agreement, you will be entitled to receive payment of Tutor Fees for all Tutoring Services already successfully delivered and which are not the subject of a Dispute as at the date of termination.
12.8. Termination or expiry this Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
12.9. If we suspend or terminate this Agreement, MTW may deactivate your MTW Login and Account immediately and without notice.
13.1. In view of the rules and regulations around working with children and vulnerable people, we will need to undertake various onboarding checks before you may provide Tutoring Services, which include a clear ‘Enhanced’ DBS check result (more information on this can be found here).
13.2. If you do not hold a valid Enhanced DBS check (which must have been issued within the 12 months immediately prior to the Effective Date) when you apply to provide Tutoring Services, you may be offered to arrange one via our third-party provider. If this clause applies, you agree and acknowledge that:
13.2.1. we will pay the fees associated with obtaining the DBS check (“DBS Charges”) on your behalf;
13.2.2. obtaining an enhanced DBS check is solely your liability and it is not the liability of MTW and, as such, we may deduct the amount of the DBS Charges paid by us under clause 13.2.1 from the Tutor Fees payable to you.
13.3. If you have not accrued sufficient Tutor Fees from which we may deduct the amount of any DBS Charges already paid by us in accordance with clause 13.2.1 within 100 days from the date on which we paid the DBS Charges we will notify you of this fact and of the DBS Charges falling due.
13.4. If clause 13.3 applies, you will pay to us the DBS Charges due to us within 7 days of us notifying you in accordance with clause 13.3. If we have not received the DBS Charges due to us by the 15th day after the date on which we notified you in accordance with clause 13.3, we reserve the right to take enforcement action (which may include commencing proceedings) to recover from you the DBS Charges and any interest as may be lawfully recoverable by us.
13.5. The provisions of clauses 13.2, 13.3 and 13.4 shall survive termination or expiry of this Agreement for whatever reason. The provisions of this clause 13 shall be without prejudice to any other right or remedy we may have under this Agreement.
14.1. You hereby warrant, represent and undertake to MTW that:
14.1.1. you are at least 18 years of age and you have the necessary qualification(s) and/or experience to provide the Tutoring Services in the subject(s) you offer in your profile on the Site;
14.1.2. you are personally responsible for the information posted by you on the Site and submitted to MTW which includes any pre contractual information, and which shall be accurate and up-to-date;
14.1.3. where your profile claims that you have undergone a CRB/DBS or enhanced CRB/DBS check, you have done so, you shall continue to be covered by such checks throughout the term of this Agreement and you will provide us with a copy of such upon request;
14.1.4. any references or referee details provided by you relate to individuals not related to you who have agreed that any reference provided may be disclosed to the Sponsor and the Student;
14.1.5. you are self-employed and responsible for your own income tax, national insurance contributions and other liabilities payable and as further referred to in clause 5;
14.1.6. you are legally entitled to work in the UK on a self-employed basis;
14.1.7. you are wholly responsible for the appropriateness and the content of any UGC used and/or submitted by you;
14.1.8. you will comply with all the Tutor obligations set out at clause 3;
14.1.9. you will only ever contact a Customer via the Site;
14.1.10. you will at all times comply with the provisions of the Data Protection Legislation;
14.1.11. yn providing or offering your Tutoring Services via the Site and using the MTW Services, you are complying with all applicable laws, regulations and codes of practice including, but not limited to, relevant legislation for the protection of businesses and consumers alike and which regulate the activities of the online environment;
14.1.12. you are not VAT registered and will not charge a Customer VAT for your Tutoring Services;
14.1.13. you have read, understood and familiarised yourself with our Safeguarding Policy and procedures which can be accessed here in respect of child protection and online safety, and will fully comply with the same at all times;
14.1.14. you are not prevented from working with children and your name does not appear in either of three lists of individuals who are barred from working with children (PoCA list) or with vulnerable adults (PoVA list and List 99).
14.2. You shall indemnify and hold harmless MTW (and any MTW Customer as the case may be) on demand, and shall keep MTW (and any MTW Customer) fully and effectively indemnified against any and all Losses arising out of or in connection with:
14.2.1. any breach of these Tutor Terms or breach of obligation or warranty by the Tutor or the acts or omissions of a Tutor (other than and to the extent that any losses arise directly from breach of these Tutor Terms by MTW or by MTW’s negligence);
14.2.2. and any and all claims, complaints or legal proceedings instigated by a Customer against MTW relating to the Tutoring Services.
15.1. You agree that, subject to clause 15.3 and 15.4, we shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from your use of the Site or the MTW Services.
15.2. Our liability to you whether in contract, tort or otherwise shall in no circumstances exceed the total Tutor Fees earned by you in respect of Tutoring Services provided by you using the MTW Services and Site in the 12 months preceding the date on which such liability arose.
15.3. Nothing in this Agreement limits any liability which cannot legally be limited, including but not limited to liability for:
15.3.1. death or personal injury caused by negligence;
15.3.2. fraud or fraudulent misrepresentation;
15.3.3. and breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
15.4. Except as expressly set out in this Agreement, MTW gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.
16.1. Notices. Any notice given under this Agreement shall be sent by email, in the case of MTW to support@mytutor.co.uk and in the case of a Tutor to the email address you register in your Account.
16.2. Assignment. You shall not, without the prior written consent of MTW, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this Agreement. MTW may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement, save that any assignment or sub-contracting of its obligations under this Agreement by MTW in accordance with this clause 16.2 to a third party which is an agency as defined under Regulation 2 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 shall be subject to the Tutor's prior consent (such consent not to be unreasonably withheld or delayed).
16.3. Enforceability. If any one or more of the provisions of this Agreement should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired and the parties shall amend this Agreement to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.
16.4. Entire agreement. This Agreement together with our Privacy Policy, the Cookie Policy and the Terms of Service constitutes the entire agreement between you and MTW in relation to your use of the Site and the MTW Services and supersedes any prior representations, inducements or agreements relating to its subject matter.
16.5. No reliance. Each party acknowledges and agrees that in entering into the terms of this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement other than as expressly set out in this Agreement.
16.6. No partnership. You and MTW are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created and neither shall have any authority to bind the other in any way.
16.7. Governing law. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
16.8. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter of formation.
The terms of this Agreement were last updated on 18/12/2023.
This Tutoring Agreement (the “Agreement”) governs the Tutoring Services which You provide to Us for the benefit of the Students of our Clients, via the Site. Should You engage in the provision of tutoring directly to private clients via the Site (i.e. outside of Your provision of Tutoring Services to the Students of our Clients) different terms apply and they can be accessed here. Your acceptance of this Tutoring Agreement does not affect your status in respect of any direct private tutoring you may provide subject to separate terms.
This Agreement applies from the date You accept the Agreement by clicking accept on the Site (the “Effective Date”) and shall continue unless and until this Agreement is terminated in accordance with clause 11 (Termination).
You shall have personal liability for and shall indemnify Us for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any negligent or reckless act, omission or default in the provision of the Tutoring Services. You shall indemnify Us for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by You, of the terms of this Agreement.
Any delay by us in exercising our rights to terminate shall not constitute a waiver of those rights.
Any property belonging to us in Your possession or under Your control, and any original or copy documents obtained by You in the course of providing the Tutoring Services, shall be returned to support@mytutor.co.uk at any time on request and in any event on or before the termination of this Agreement. Subject to our data retention guidelines, You also undertake to irretrievably delete any information relating to our business stored on any magnetic or optical disk or memory, and all matter derived from such sources which is in Your possession or under Your control outside our premises. This obligation includes requiring any substitute to delete such data where applicable.
We may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to You.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than You and us shall have any rights under it. The terms of this Agreement or any of them may be varied, amended or modified or this Agreement may be suspended, cancelled or terminated by agreement in writing between the parties or this Agreement may be rescinded (in each case), without the consent of any third party.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
DATA PROCESSING SCHEDULE
PROCESSING DETAILS
You may Process the Shared Data for the following Agreed Purposes and any other purposes relating to these Agreed Purposes:
We keep our statement under regular review. This Agreement was last updated on 31/08/21.