Terms and Conditions

 Terms of Conditions

These terms and conditions constitute the legal framework which governs the contract between AZ Tuition (we, us, our) and the Client (the responsible party using the service), and between the Client and the Tutor (the one(s) carrying out the service), whilst contracted to carry out the services provided by us (The Job). 

By either receiving our services or upon being accepted as a Client by us, you agree to be bound by these terms. 

Definitions

“AZ Tuition” – using the collective pronouns of “Us, We and Our” to mean the company offering the contract of service for the Tutor to provide online tuition between the Tutor and the Client.

“Website” – to mean the domain www.aztuition.co.uk and any sub-domains from it. This does not include any websites that may be accessed directly from our website. 

“Services” – to mean the tuition provided by tutors in the form of online tuition.

“Client” – to mean the person responsible for the individual undertaking our Services, especially with regard to scheduling and invoicing. This may be the same as the Student if the individual is over the age of 18. In this document, the Client may be referred to as “You”.

“Student” – to mean the individual undertaking our Services. This may be the same as the Client if the Student is above the age of 18 and responsible for scheduling and invoicing. 

“Tutor” – to mean the self-employed individual under contract by AZ Tuition to carry out a Job as per the arrangements between AZ Tuition, an Employment business, and the Tutor and Client. 

“Job” – to mean the entire contract of arrangement between the Client and the Tutor. The job incorporates the Client, the Student, the Tutor, and the length of time of tuition alongside the course being taught by the Tutor.

“Intellectual Property” – to mean the intellectual property owned by us, of every sort, whether registered or registrable in any country, including intellectual property of all kinds coming into existence after today and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights. This includes any content shared on our social media pages or our Website.

Unless otherwise stated in this document, the following apply:

a) The word ‘session’ implies a lesson, whether trial or recurring and vice versa

b) The word ‘Services’ is defined as above but also referred to as online tuition, tutoring or teaching and vice versa

c) The phrases ‘Terms and Conditions, ‘Terms of Service, ‘Terms and Conditions of Business, ‘Client’s Terms and Conditions and ‘Terms of Job’ are all synonymous.

1. Prelude

1.1 General

Upon being accepted as a Client by AZ Tuition, you are bound by these terms and conditions. This may be from 48 hours after returning the signed application form. The Tutor enters their contract with AZ Tuition whereby the Tutor will provide the services offered by us on our behalf. Once the Tutor accepts a Job from us, the Tutor will carry out the work to the best of their ability until either the Job is concluded or is terminated by us, the Client, or the Tutor. 

We are not obliged to offer our Service to a Client nor is a Tutor obliged to accept a Job from us. We reserve the right to terminate any Jobs if we deem it in our best interests to do so. 

A Client remains bound by our terms and conditions for as long as there is no Service being provided by us and that any monies due to us are settled.

1.2 Code of Conduct

AZ Tuition is a small company, but we value our employees both permanent (admin staff) and on a service contract (Tutors) as well as our Clients. We will not tolerate any abuse to our employees from Clients and/or Students nor do we tolerate any abuse or misconduct from our Tutors to our Clients and/or Students. We will always look to resolve any issues with haste, and in some cases may result in the termination of contracts between us and the parties involved in the dispute.

1.3 Data Protection and Privacy Policy

Our Privacy Policy, which can be found at www.aztuition.co.uk/privacy-policy is to the best of our knowledge and ability, complete and conclusive. However, we are always reviewing our data policy to ensure it conforms to GDPR and the Data Protection Act 2018. Please read the privacy policy separately and in conjunction with this document. We will let you know if there are any changes to the privacy policy through a method of communication most applicable to that individual. We deem that you have accepted the new privacy policy wording unless you tell us otherwise. 

1.4 Tutor’s Views

All Tutor’s views, whether verbal or digital are their own and in no way reflect the views of AZ Tuition. AZ Tuition cannot be held liable for the views and actions of Tutors whilst under contract or after they have left us. Tutors may be held accountable by AZ Tuition for any views that defame the company, including termination of contract or possible prosecution. 

1.5 Disclaimer and Limitations

At times, our website may include links to other websites not owned partly, or solely by AZ Tuition. We cannot be held responsible for the content on those websites, nor can we be held accountable for any loss due to your use of their services. Our privacy policy also excludes these websites from it. 

1.6 Miscellaneous

If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. 

1.7 Conflicts of Interest

The Client should inform AZ Tuition of all conflicts of interest that pertain to them and is their responsibility to do so. Conflicts of interest may arise from a scenario where a Tutor is providing a service to a Student who also attends their school. We do our best to ensure Tutors do not pair with Students from their school to protect both parties. Any changes to the conflicts of interest should be notified to the AZ Tuition administration as soon as possible.

2. Expectations of the Tutor

2.1 Dress Code

Our services are to be provided by tutors via online sessions only and thus we do not mandate a specific dress code. However, appropriate attire should be always worn by Tutors as they are indirectly representing our professionalism and high standards upheld. Tutors may be in smart casual wear or a full suit, but loungewear and “loosely” fitted clothing would not be deemed acceptable.

2.2 Supplies and Equipment

Tutors do not provide equipment for Clients but are the responsibility of the Client to ensure the Student is fully equipped to learn. This includes but is not limited to the computer device used to access the service, the coursebooks, stationery and exercise books. A graphical tablet though optional would be highly recommended to ensure the Student is getting the most from their tutoring.

2.3 Duration of Lesson

The duration of the lesson is to be 1-hour minimum. If Clients require less time, this will be billed as a full hour and must be recorded as a full hour on the timesheet. 

2.4 Extent of Responsibilities

The Tutor is only contracted to provide the services for the Client, on behalf of us. The Tutor is not to be held responsible for the safeguarding and well-being of the Client, the Student, their home, or their property.

The Tutor is only required to act outside of these responsibilities where it is required to by law, such as the reporting of a crime. 

2.5 Initiating a Job

The Tutor agrees to carry out a service provided by AZ Tuition on their behalf. The Tutor carries out a Job which incorporates the Client and Student’s details of needs, the duration and the course of study. For example, if a Tutor takes on a Job to tutor Science GCSE for a year 11 student once a week for a whole academic year, the Job will incorporate the Client, the Student (if they are not the same), once a week tuition of Science for 1 hour from September to May. This Job forms a contract between the Tutor and the Client for which the Tutor will be paid for their work per hourly unit by AZ Tuition. AZ Tuition will collect the dues from the Clients at the end of the month and pay the tutors directly, as outlined in the payments heading. 

The Client pays for the initial lesson upfront and is excluded from the 12-session minimum required (section 5.1). 

There is no obligation for a Tutor to take on a Job provided by AZ Tuition.

Once a Tutor takes on a Job after the initial trial lesson, the Tutor must contact the Client and arrange recurring sessions with the Client, within 24 hours. The Tutor is expected to tell the Client if any pre-preparation work is required, any Parent’s Evening reports, mid-term reports etc. to help the Tutor to better support their work. 

2.6 Tutor Experience

All Tutors are required to have the required level of expertise and experience to undertake the Job. This means knowing the national curriculum for Key Stage 3 and knowing the exam board specifications for Key Stages 4 and 5. Key Stage 3 has no specification, so Tutors are left to devise a curriculum best suited for the Job being undertaken. 

3. Expectations of Us

3.1 General

Our Services are provided via a Job between the Tutor and the Client. AZ Tuition acts as the company facilitating the Service; we act as a standalone agency. We do not provide equipment to Clients and the extent of our Responsibilities is the same as outlined in section 2.4. Our primary job is recruitment, vetting and upscaling for Tutors whilst providing Tutors for Client’s needs. We will uphold the same expectations of Tutor and Client outlined in our Code of Conduct (section 1.2) and you can expect the same from us.

4. Scheduling

4.1 Scheduling Lessons

The initial trial lesson date and time are agreed by the Tutor with AZ Tuition and the Client. The Client pays for the session in advance. After which, all subsequent lessons will occur if a successful trial lesson takes place, with the Tutor and Client arranging a suitable recurring time. The contact details between the Tutor and Client will be shared by AZ Tuition so that scheduling can take place. 

Written communication in digital form must be kept as evidence for a tutoring session. For example, it may be useful to keep an email thread with the Client of the recurring date and time, with any changes also mentioned. Messaging apps or WhatsApp are also acceptable forms of evidence. It is taken that the time and date set, in writing, after the trial lesson is the recurring time and date unless otherwise stated. The Tutor is bound by this via their terms and conditions of use and the Client is bound by these terms of use. Keeping a digital record log of conversations will help to resolve disputes quickly and promptly. 

4.2 Changes to Schedule and Notice Period for Tutors and Clients

Any changes made by the Client to the Tutor should be made to the best of their ability, 1 week in advance (7 days). We ask that Tutors and Clients do the best possible to rearrange a lesson if it is too short notice (less than 7 days) or if not plausible to rearrange then cancel by informing the Client (see section 3.3 for any possible charges this may occur). We ask Tutors and Clients not to make regular cancellations or changes to lesson times and dates as a sufficient complaint from either Client or Tutor may result in termination of the Job and may also result in termination of the Service. We will however talk to Tutors and Clients before that to understand any issues or concerns there may be. 

Any intentions to take holidays should be notified to the Tutor a week (7 days) in advance. 

If a Client fails to turn up to a session or rescheduled session, the Client is still charged the full amount for the lesson. If a Client turns up to a session within the allocated session time frame, the Tutor is not obliged to extend the time to accommodate for the Client. For example, if a Client turns up at 5.30 pm for a 5 to 6 pm session, the Client will be charged for the full hour, and the Client will not have the 30 minutes reimbursed by either the Tutor or AZ Tuition. 

4.3 Changes to Schedule and Notice Period for Clients

A Student cannot initiate a change of schedule or cancellation of a lesson unless the Student is also the Client. Written communication of all cancellations and schedule changes must be communicated to the Tutor by the Client. For example, an email or a WhatsApp message (see section 4.1).

If a Client cancels a session with more than 24 hours notice of the start of the session, the Client will not be charged for the session. 

If a Client cancels a session with less than 24 hours notice of the start of the session, the Client will be charged for the session.

If a request to change the session is made with more than 24 hours notice and the Tutor accepts, the session will be charged as per normal on the day of the session. If the Tutor does not accept but more than 24 hours notice has been provided, the Tutor can cancel the lesson as if it was a cancellation as per their Terms of Use of the Client. 

If a Client initiated a schedule change with less than 24 hours notice of the start of the session, and the Tutor accepts, the session will be charged as normal on the day of the rearranged session. If the Tutor declines the request, it will be treated as a cancellation within less than 24 hours and the lesson will be charged to the Client.

If the Client cancels with less than 24 hours notice of the start of the session, and after having been informed of the cancellation policy decides to retake the lesson, the Tutor must take up the lesson as though it was not cancelled. The Client can only do this within 12 hours of the notice for cancellation. After that, the cancellation policy will take effect even if the Client wishes to uphold the lesson. 

4.4 Issues with Equipment

It is the responsibility of the Client to ensure that the equipment to help the Student undertake the tutoring is fully functioning and serviced as required by the manufacturer. Tutors should not be put at a disadvantage due to poor equipment such as laptops/computers or the internet. If an issue arises with the Client’s equipment and causes disruption to the Student’s lesson, the Client can seek to rearrange or cancel the lesson, however this will result in a full charge for the current lesson as it falls under the 24 hour time frame. Tutors will be responsible for their own equipment as set out in their Terms and Conditions. Any issues with the Tutor’s equipment would not lead to forfeiture for the Client and the Client will remain for the entire session whilst the Tutor tries to correct their issues. If the Tutor wishes to rearrange as a result of equipment failure during the session, this would be at the discretion of the Client and the Client will not be charged for the current session.

5. Terminations

5.1 General

By accepting the terms and conditions through accepting the Client agrees to tuition for a minimum of 12 sessions or 12 weeks. This is to allow the Tutor a guarantee of hours for their services so Tutors can plan long-term. This is in line with how we maintain a high standard of Tutors in our database and is how you receive high-quality tutorage. Each Job is deemed to be offered by the Tutor indefinitely until termination by either the Client, the Tutor or by AZ Tuition. It is assumed that if an exam group (Year 6, Year 11 and Year 13) Student has reached the end of their studies and has approached the exam season or their exams are concluded, the services are terminated unless otherwise stated by the Client. The 12-sessions/12-week period does not apply to any exam group Students who have less than that remaining until their exams conclude. This will be discussed at the initial Client interview and the Tutor will be informed of this. 

The initial lesson which is paid upfront falls outside the 12-session minimum and if a Client is not happy after the initial lesson, they may request a suitable alternative or termination of the contract between the Client and AZ Tuition and the Client and the Tutor.

5.2 Termination of Job by Tutor

The Tutor can terminate the Job provided to a Client, with 4 weeks’ notice. This is to allow AZ Tuition to provide an alternative Tutor for the Client to ensure lesson continuity. We ask that the Tutor who is terminating provides accurate detail on the lesson overview to allow the next Tutor to pick up the Job. We ask that the URL of the digital notepad being used (currently Bitpaper) is passed over to AZ Tuition to pass on to the next Tutor.

AZ Tuition holds the right to waive this notice period at their discretion, with the agreement of the Client. This may occur if we no longer believe the Tutor is suitable for a Job or if we terminate their employment, or if extenuating circumstances come into effect. 

If due to extenuating circumstances a Tutor is no longer able to provide a Service to the Client or is terminated by us, we will endeavour to replace the Tutor within 7 days of obtaining this information. 

5.3 Termination of Job by Client

To protect the Tutors interests, we request that Clients maintain 12 sessions or 12 weeks of Tutoring unless otherwise stated in section 5.1. After this period, a Client can terminate tuition on a temporary or permanent basis, with a 1 week’s notice period. This is to allow the Tutor to plan their future commitments. This must be notified in writing to both the tutor and to AZ Tuition. 

6. Fees

6.1 Fees

Clients are invoiced at the end of the calendar month and Tutors are paid within 2 weeks of that. Clients can pay via bank transfer, cheque or cash. This is subject to the Tutor submitting their timesheet on time, which we require before the end of the calendar month. 

We reserve the right to alter our fees as we see fit for the successful running of the business. Any alterations in the fees are treated as an alteration in the terms of conditions for Clients and as such will follow section 7.2 as outlined. This also applies if the Client is within the initial 12-session period of time. 

6.2 Collection of Fees by the Tutor

Tutors will not collect fees for Clients introduced by AZ Tuition. AZ Tuition will collect fees from Clients and pay the Tutors.

Tutors providing tuition outside of the knowledge of AZ Tuition to Clients and Students introduced by AZ Tuition are in breach of the terms and conditions and are liable to pay a fee. The Client will also be in breach of their Terms and Conditions. This will remove the Tutor from our employment with immediate effect, the Client will be removed from using our services and leave the Tutor and Client liable to pay any damages incurred as a result. 

In the event that tutors provide our services to a Client or Student introduced by AZ Tuition and where this Client or Student is also registered with another agency, the Tutor is not permitted to invoice another agency for payment for this client instead of AZ Tuition, where AZ Tuition is the agency which introduced the Client or Student to the Tutor.

Tutors must not invoice Clients directly or accept payments from clients or students introduced by AZ Tuition and Clients must not pay Tutors directly or accept an invoice from a Tutor without prior authorisation from AZ Tuition.

7. Terms and Conditions

7.1 Acceptance of the Terms and Conditions

Acceptance of our Client’s Terms and Conditions are through the completion of our Client’s application form. If you submit an application form but wish to withdraw from the application process and therefore not be bound by our terms and conditions, you may do so within 48 hours of submission. This must be communicated to us via writing. If after this time has elapsed, it will be at our discretion whether we release you from our terms of conditions as it may have already been agreed with Tutors which may result in loss of income and time for them, especially if within 24 hours of the starting session. 

Any issues or queries regarding these Terms of Conditions please contact us at admin@aztuition.co.uk before signing the application form. 

7.2 Changes to the Terms and Conditions

Any changes made to the Client’s Terms and Conditions will be communicated to the Client immediately using the most appropriate form of communication at the time. The Client can accept or refuse the new Terms of Conditions and the Changes (which will be outlined). The Client can refuse the changes which will terminate the Services provided, with no penalty to you and no notice period required if there are any outstanding Jobs. Any outstanding payments or invoices still to be made for Services undertaken up to the point of refusal of acceptance will still be owed to us.

We do ask that Clients talk to us before rejecting so we can try to work out possible disputes to try to minimise any disruptions to Student’s learning. You are not obliged to talk to us and can choose to refuse the new Terms and Conditions with no excuse.