We’re changing the way we structure fees for our platform - from 6th April 2022 onwards, the MyTutor service fee will be paid by parents rather than tutors.
This won’t change how much parents pay, or how much you take home, but presenting it like this better represents how our users engage with MyTutor.
We'll update our T&Cs when the changes come into effect on 6th April 2022, and using MyTutor on or after this date means you agree to these changes - but you can read them in advance here:
These terms and conditions, herein referred to as the “Tutor Terms” set out the terms and conditions under which My TutorWeb Limited, a company registered in England and Wales (No. 08580263) with a registered office at: 35 Ballards Lane, London N3 1XW, herein referred to as “MTW” or “We” grants to the Tutor, a licence to access and use MTW’s virtual online platform (available via the Site) which is dedicated to facilitating the sourcing of Tutors by Clients (the “Agreement”). You may download a copy of these Tutor Terms here: [insert link]. MyTutor and mytutor.co.uk are the trading names of My TutorWeb Limited.
1. Your agreement with My TutorWeb Limited
These Tutor Terms apply to Your use of the Site and the MTW Services.
By using the Site and the MTW Services, You accept these Tutor Terms in full. MTW reserves the right to change the terms of these Tutor Terms (or any part) at any time, by giving You not less than 15 days’ written notice of such changes. We will let you know if we make any such changes, and you can let us know within the 15 day notice period if you do not wish to accept the revised terms and prefer to end this Agreement with MTW. If you continue to provide Tutoring Services through the Site during this notice period, we are entitled to assume that you have accepted any changes.
Read these terms carefully and ensure that You understand their effect before proceeding to use the Site and MTW Services.
If You disagree with any part of the Tutor Terms, do not use the Site or the MTW Services.
Unless the contrary intention appears, the following definitions shall apply:
• 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 e.g. 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.
• Client means a person using the Site for the provision of Tutoring Services, whether that be the Student or (if under eighteen (18)), the Student’s Sponsor.
• Client Contract means the contract between the Client and You.
• Client Ratings means the ratings left by a Client 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 or obtained under this Agreement by MTW to You on, before or after the commencement in confidence (whether in writing, verbally or by other means and whether directly or indirectly) or is of a confidential nature, relating to the business or prospective business, current or projected plans or internal affairs of MTW including, but not limited to information pertaining to Clients, logging in, Client 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 Client or any complaint made by a Client or any other dispute or potential dispute or claim of a Client in connection with the provision of the Tutoring Services rendered by You (or 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, 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 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 refer to content relating to the Tutoring Services (including images (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 Client of approximately fifteen (15) minutes duration 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 i.e. a website whereupon MTW provides an online marketplace for Clients to contact Tutors, the Site, technical functionality for Clients to receive Your Tutoring Services, plus a database of Tutors, back office support including customer services, billing, website and IT services including the use of the virtual Tutorial space.
• PoCA List refers to the Protection of Children Act.
• PoVA List and List 99 refers to the Protection of Vulnerable Adults scheme.
• Recordings refer to the recording of any Tutorial or Instant Help Session which can be viewed for up to three (3) months thereafter.
• Refund Event means where any event where a refund of Tutor Fees is issued to the Client by the Tutor. Once a Tutorial has occurred with both the Tutor and the Student present then the Tutor has sole discretion on whether to issue a refund to the Client in accordance with the terms of Your agreement with the Client.
• Site means a website owned and managed by MTW including www.mytutor.co.uk.
• Sponsor means the party entering into the Client Contract for Tutoring Services on behalf of the Student (being either Parent/ Guardian/ Carer or other person 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 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 Clients.
• 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 Client to You for the Tutoring Services.
• Tutorial(s) refers to the online pre-booked tutoring session which is booked by a Client with You via the Site.
• Tutor Mail means the internal email system available for Clients to contact Tutors and vice versa via the Site.
• Tutoring Services means the provision of online Tutorials and Meet the Tutor Sessions by the Tutor 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), 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 but are not limited to, 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 Client.
• VAT means value added tax chargeable under English law for the time being and any similar additional tax.
• Written Notice means any notice given under this Agreement shall be sent by email, in the case of MTW to firstname.lastname@example.org and in the case of a Client, to the e mail address you register in your Account.
3. Becoming a Tutor
At our discretion, we may authorise you to use the Site and the MTW Services to deliver the Tutoring Services.
You agree that these Tutor Terms apply to that use in full.
You will keep Your password relevant to the Site and the Tutoring Services confidential and not reveal it to anyone else.
You are responsible for all activities that are carried out under Your username and password which shall represent Your MTW Login. We do not have the means to check the identities of all people using the Site and will not be liable where Your username and/or password are used by someone else. You agree to notify MTW immediately by email at email@example.com of any unauthorised use of Your Account of which You become aware (with “IMPORTANT – PASSWORD” in the subject line).
Where terminated, MTW shall deactivate Your MTW Login and Account promptly.
MTW reserves the right to terminate the MTW Services and access to the Site after a one (1) month long continuous period of inactivity by You, which means that You will no longer be permitted to use the Site to deliver Tutoring Services to Clients. You will not be permitted to re-access the Site without MTW’s express written permission.
4. Tutor obligations
When You make use of 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 these Tutor Terms.
Such directions are in place to protect the safety Clients and Students.
Use of the Site is entirely at Your own risk and You must exercise complete caution at all times when dealing with Clients and when entering into legally enforceable Client Contracts to provide Tutoring Services to a Client.
You further and specifically agree to:
- authorise MTW to act as your agent to agree the Client Contract on your behalf and collect Tutor Fees;
- provide MTW with Your Current Account details which must be a UK current account and held in the Tutor’s name;
- assume all responsibility for Your role as Tutor and for the provision of Tutoring Services to the Client which includes the preparation and content of lessons;
- advise MTW at the earliest opportunity should Your circumstances change in relation to Your access to the Tools.
- You accept full responsibility for any Dispute raised by a Sponsor as a result of issues connected to the performance of your Tools which have affected the performance of Your provision of the Tutoring Service;
- obtain, use and maintain in good working order Your Tools.
- Any problem concerning a technical issue regarding a Tutor’s personal computer or internet service provider is not the responsibility of MTW. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;
- act at all times in accordance with the highest professional standards and not act in any way which could bring MTW into disrepute;
- only accept instructions and Tutorials within Your area of expertise, and that are within your abilities and competency;
- notify the Client immediately should You become ill or otherwise incapable and unable to provide the Tutoring Services.
- Depending on the circumstances, MTW and Tutor shall discuss in good faith a possible delay of the Tutoring Services;
- notify MTW of what You propose to agree between You and the Client regarding the delay or reassignment of those Tutoring Services to another Tutor.
- We may take any action, including refunding Tutor Fees depending on what is agreed regarding each Tutorial;
- ensure that any information provided by You to MTW and a Client remains true, accurate, up-to-date and complete at all times during the duration of this Agreement.
5. MTW obligations
MTW agrees to:
- subject to clause 5.2, provide the MTW Services with all due care, skill and ability and in a timely manner and in the best interests of the Client and the Tutor;
- devote as much time to the provision of the MTW Services as may be necessary for their proper performance;
- provide promptly and give to the Tutor all such information as they may reasonably require in connection with the provision of the MTW Services.
As an online service, MTW may periodically be unavailable as We perform regular (and emergency) maintenance and upgrades.
Where reasonably possible, these activities shall be notified to You in advance. MTW makes no warranty, guarantee or representation as to, and accepts no liability for, the availability or suitability of the Site and/or the MTW Services.
You are responsible for checking the Tools work with the Site and MTW Services, and the particular Client during the free meeting, and for fixing any problems with the Tools where necessary.
In exceptional cases, there may be other reasons relating to incompatibility or otherwise as to why You may be unable to successfully access the Services.
MTW uses all reasonable endeavours to make the MTW Services and Site available to all Tutors on an “as is” basis.
MTW shall not be responsible nor liable to You as a result of any act or omission on Your part relating to Your inability to access the Services in whole or in part including but not limited to:
resultant feedback (echos), audio break-ups, video or sound delays;
Your failure to use and configure the prescribed headset and microphone;
Your failure to at least meet the minimum system requirements of the Tools.
You acknowledge and accept 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, and under such circumstances, You agree that the Tutoring Service shall continue without video and confirm that this is acceptable to You in all circumstances.
6. Tutor Fees
You will not be charged by MTW for Your use of the Site or the MTW Services.
MTW and the Tutor will agree the amount of Tutor Fees applicable per Tutorial in advance, via the Site. The Tutor Fees are reviewable by Tutors and MTW and any revised fees and charges shall take effect immediately upon posting on the Site and will be applicable to all bookings made after such posting.
Tutor authorises MTW as its agent to accept the Tutor Fees from the Client via any forms of payment approved by MTW in connection with the provision of the Tutoring Services via the Site including Mastercard, Visa and Maestro debit cards on the Tutor’s behalf.
MTW holds all Tutor Fees (which will be based on the number of 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 7 below.
You confirm that You are self-employed under these Tutor Terms, and You are directly responsible to HMRC for all matters regarding Income Tax, VAT and relevant National Insurance contributions.
You agree that nothing in these Tutor Terms constitutes a contract of employment between You and MTW. You shall be fully responsible for and indemnify MTW against any liability, assessment or claim 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 claim brought by You or by somebody on Your behalf.
You will keep records of payments made to You by way of Tutor Fees for completion of annual Tax Returns.
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 out of 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.
MTW shall pay to Tutor the Tutor Fees collected by MTW on Your behalf.
We 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 how we will pay you is set out in our FAQs https://help.mytutor.co.uk/hc/en-us/articles/212296825-When-will-I-be-paid-].
In response to a Dispute, if any Refund Event occurs, MTW will be entitled, in its sole discretion to refund Tutor Fees to the Client on behalf of the Tutor in full or in part.
In such circumstances, the Tutor will receive either no Tutor Fees or only part of the Tutor Fees as agreed by MTW and the Client, in respect of the relevant Tutorial.
If any Refund Event occurs subsequent to the Tutor receiving the Tutor Fees from MTW, MTW shall be entitled to withhold sufficient monies and offset any amounts payable to Tutor by MTW under this Agreement from any Tutor Fees collected by MTW thereafter to enable MTW to refund the relevant refunded Tutor Fees.
The Tutor shall be responsible for all chargebacks and/or refund requests on lessons performed and shall indemnify MTW against all Losses resulting from chargebacks and/or refund requests.
MTW shall be entitled to make any settlement payment to Tutor by BACS, to the Current Account of the Tutor (or to such other bank account as the parties agree in writing).
If either party fails to make any payment due (and undisputed) under this Agreement within ten (10) days post the due date for payment, the other 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% (two per cent) above the base rate per annum from time to time of Barclays Bank plc.
For the avoidance of doubt, Tutor Fees shall not be affected where MTW has provided a Client with Additional MTW Credits to redeem against Tutoring Services and the Client redeems such Additional MTW Credits.
8. Intellectual property
When using the MTW Services to deliver the Tutoring Services, if You publish any UGC via the Site by way of e.g. delivering lessons, uploading text or images or videos or contributing to publicly accessible areas of the Site, You automatically grant:
to MTW, a worldwide, non-exclusive, royalty-free, perpetual, transferable license (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 Services (and derivative works thereof) in any media formats and through any media channels;
to each user of the Services whether registered as a Tutor or Client or not, a worldwide, non-exclusive, perpetual, royalty-free license to access Your UGC through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the Services and under the terms of this Agreement.
“Publicly accessible” areas of the Site are intended by MTW to be those parts of the Site that are available to all of those visiting the Site whether registered on the Site or not.
You acknowledge that the UCG uploaded by You to create Your Tutor profile shall be viewable by all users of the Site and be accessible via the worldwide web search engines.
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.
You agree that any UGC You use in the performance of Your Tutoring Services will not contain any third party copyright material, or material that 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 licenses referred to in clause 8.1.1 and 8.1.2.
All Intellectual Property Rights in all Materials produced by You pursuant to using the Services shall be Your property.
For the avoidance of doubt, this clause shall 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 Tutors.
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 Client that the Tutoring Services or UGC provided by You infringe its rights.
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:
as soon as reasonably practicable, give written notice of the Claim to You, specifying the nature of the Claim in reasonable detail;
not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of You (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;
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; and
You shall give MTW sole authority to avoid, dispute, compromise or defend the Claim.
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.
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 written permission.
You acknowledge that all Intellectual Property Rights in and relating to MTW Services and the Site are owned by MTW or MTW’s Licensors.
9. Cancellations, rescheduling, no-show
Where the You and the Client agree to cancel the Tutoring Services pursuant to the Client Contract, MTW shall repay the Tutor Fees to the Client by way of credit.
If You don’t attend an arranged lesson without having cancelled it, or if you repeatedly cancel Tutorials, We may end this Agreement between You and MTW under clause 13.
MTW will record details of all such cancellations by You on its records for a period of twelve (12) months.
All cancellations by You must be made in writing in advance, directly via the Site and to the Client, in accordance with the Client Contract.
10. Client ratings, feedback and other activities
It is a feature of the Site and the MTW Services that the Client will leave Client Ratings.
Where deemed necessary, MTW is entitled to carry out an investigation upon receipt of negative Client Ratings (rating of 1, 2 or 3 out of 5) or where a Tutor or a Client reports or raises any feedback, issues or concerns that they might have with the other at any time.
Whether such feedback is complimentary or more akin to a Dispute, MTW will have full discretion as to whether they inform You of such feedback.
Where deemed necessary, MTW is entitled to carry out an investigation upon receipt of such feedback or comments and in exceptional cases, MTW is entitled to suspend or terminate Your Account or revoke the licence granted to the Tutor herein to use the Site and the MTW Services by termination under clause 13.
Nothing in this Agreement shall prevent the Tutor from being engaged, concerned or from having any financial interest in any capacity in any other business, trade, profession or occupation during the Term of Engagement provided that such activity does not cause a breach of any of the Tutor’s obligations under this Agreement.
11. Data protection and privacy
In respect of any Personal Data (as defined in the Data Protection Legislation) processed by MTW and the Tutor pursuant to these Tutor Terms:
MTW and the Tutor shall each be an independent data controller; and
each party shall ensure it complies and will continue to comply with the Data Protection Legislation and any regulations made thereunder.
Without limiting its obligations under clause 11.1.2, in respect of any Personal Data the Tutor shall:
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;
only process the Personal Data of each Client or Student for the purpose of providing the Tutoring Services to that Client or Student (the “Agreed Purpose”);
ensure that it has a legitimate lawful basis for processing all Personal Data processed by it;
ensure it (or its staff, as applicable) is appropriately trained to handle and process the Personal Data;
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;
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;
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;
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;
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
Use of the Site is entirely at a Tutor’s own risk and You must exercise complete caution at all times when dealing with Clients and when entering into legally enforceable Contracts to provide Tutoring Services to a Client.
12. Confidential information and publicity
The parties acknowledge that by reason of their relationship under this Agreement, they may from time to time disclose Confidential Information.
Each party shall, during the term of this Agreement and 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.
Each party shall use its best endeavours to prevent the unauthorised disclosure of any such information.
Confidential Information shall not include information that (i) 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, (ii) is or has been independently acquired or developed by the receiving party without violating any of the confidentiality obligations in this Agreement, (iii) was within the receiving party’s possession prior to it being furnished to the receiving party by or on behalf of the disclosing party, or (iv) is received from a source other than the disclosing party; provided that, in the case of (iii) and (iv) 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.
The terms of this Agreement are confidential and may not be disclosed by one party without the prior written consent of the other party.
On termination or expiry of this Agreement, You shall immediately return all Confidential Information in Your possession together with all copies thereof; or, if required 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 this has been done.
13. Termination and suspension
These Tutor Terms shall commence on the date you sign up to the Site and shall continue unless terminated by MTW pursuant to clause 13.2.
MTW may suspend this Agreement and Your access to the Site and the MTW Services immediately by serving written notice on or if:
any information provided by You is found to be untrue, inaccurate, out-of-date, or incomplete;
Your rating by Clients is deemed by MTW (acting reasonably) to be unsatisfactory;
You act in any way that has brought, or could bring, MTW in to disrepute;
You are convicted of a criminal offence or are the subject of any investigation, which may in MTW’s opinion impact Student safety;
You are in material breach of this Agreement;
You do not use the Site or MTW Service for a one (1) month long continuous period of inactivity.
If we suspend Your use of the Site under clause 13.2 above, we will include in our notice of suspension to you the full details of the reason for such suspension in writing.
You may contact us to discuss any of the issues raised in such notice by the methods set out on the Site.
Without prejudice to clauses 13.2 or 13.3 MTW may terminate this Agreement by giving You 30 days written notice if:
You commit a material breach of any term of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
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;
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
You do not use the Site or MTW Service for a one (1) month long continuous period of inactivity, after we have served you written notice as set out above.
You have repeatedly breached any of the terms of this Agreement, we may immediately terminate this Agreement with you by serving written notice.
Either Party may terminate this Agreement for convenience without compensation by 30 days Written Notice on the other.
In the event of termination, 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.
Termination or expiry of 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.
If we suspend this or terminate this Agreement with you, MTW may deactivate Your MTW Login and Account promptly.
14. Warranties and indemnities
As Tutor, You hereby warrant, represent and undertake to MTW that:
You are at least eighteen (18) years of age and You have the necessary qualification or experience to provide the Tutoring Services in the subject(s) You offer in Your profile on the Site;
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;
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;
You are self-employed and responsible for Your own income tax, national insurance and other liabilities payable and as further referred to in clause 6;
You are wholly responsible for the appropriateness and the content of any UGC used and/ or submitted by You during Your Term of Engagement;
You will comply with all the Tutor obligations set out at clause 4;
You will only ever contact a Client via the Site;
You agree at all times to comply with the provisions of the Data Protection Legislation;
in 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;
14.1.10.You are not VAT registered and will not charge a Client VAT for Your Tutoring Services;
14.1.11.You have read, understood and familiarised yourself with our Safeguarding Policies 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;
14.1.12.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).
You shall indemnify and hold harmless MTW (and any MTW Client as the case may be) on demand, and shall keep MTW (and any MTW Client) fully and effectively indemnified against any and all Losses arising out of or in connection with:
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); and
any and all claims, complaints or legal proceedings instigated by a Client against MTW relating to the Tutoring Services.
15. Limitation of liability
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.
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 Service and Site in the twelve (12) months preceding the date on which such liability arose.
Nothing in the agreement limits any liability which cannot legally be limited, including but not limited to liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; 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).
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.
Negative feedback (rating of 1, 2 or 3 out of 5) reported to MTW by Clients via the Site may be investigated.
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.
MTW will use all reasonable endeavours to provide a written response via email to any issue raised by a Client or a Tutor via the Site within fourteen (14) days. MTW reserves the right to inform a Tutor or a Client respectively of any Dispute raised against them and to provide them with a copy of any response provided by MTW.
During the Term of Engagement, You must inform MTW immediately if You become aware of any Dispute or potential Dispute between a Client and You and/ or MTW in connection with the provision of the Tutoring Services.
You agree to cooperate fully with MTW in resolving any Dispute with a Client.
MTW reserves the right to suspend Your Account in accordance with clause 13.1 while an investigation is conducted.
Your Account may be reactivated once an investigation has been completed.
In the event of a Dispute prior to receipt of Tutor Fees, MTW reserve the right to withhold Tutor Fees in accordance with clause 7.3 until the Dispute has been resolved.
The outcome of any Dispute instigated by a Client is entirely at the discretion of MTW (acting reasonably).
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 these Tutor Terms.
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 these Tutor Terms.
Enforceability: If any one or more of the provisions of these Tutor Terms 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 these Tutor Terms to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.
Each of the parties acknowledge and agree 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.
Status: The Tutor 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.
This Agreement constitutes a contract for the provision of services and not a contract of employment and accordingly the Tutor shall be fully responsible for any income tax, national insurance and social security contributions.
MTW keep our Terms under regular review.
These Tutor B2C terms were last updated on 22 March 2022.