TUTOR TERMS (Groups)
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.
- 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.
- Clients means those clients of MTW for whom We shall engage You to provide Tutoring Services.
- Equipment means the minimum hardware and connectivity requirements for You to be able to deliver 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.
- MTW/We/Us means MyTutorWeb Limited, a company registered in England and Wales (No. 08580263) with a registered office at: 35 Ballards Lane, London N3 1XW.
- MTW Login refers to Your unique username and password.
- MTW Services means the provision of tutoring services by MTW to its Clients via the Site.
- Site means a website owned and managed by MTW including www.mytutor.co.uk.
- Student means a student of one of our Clients receiving the Tutoring Services from You pursuant to this Agreement via the Site.
- Tutor Content means user generated content provided 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 Clients.
- Tutoring Services means the provision of online Tutorials by You to the Clients by way of individual lessons in real-time suitably tailored to meet the individual requirements of the Clients.
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).
3.1 You shall provide the Tutoring Services from the Effective Date as agreed from time to time in writing. You are under no obligation to accept any work offered by the Us at any time, but where You do so You agree to comply with the obligations set out in this Agreement.
3.2 You acknowledge that the ultimate beneficiary of the Tutoring Services will be the Students of the Clients. You agree to meet the requirements for the Tutoring Services for each of the Students of the Clients.
3.3 You shall use Your best endeavours to promote our interests and, unless prevented by ill health or accident, provide, as agreed in accordance with clause 2 above as agreed the Tutoring Services delivered as agreed with Us and the Clients via the Site.
3.4 If You are unable to provide the Tutoring Services,You must notify the MyTutor Tutors Team as soon as reasonably practicable by contacting Us at firstname.lastname@example.org, so that We can arrange a replacement tutor. In order to comply with legal obligations around safeguarding of Students, confidentiality and data protection requirements and to provide a great service to our Clients, You must not arrange for anyone else to provide the Tutoring Services on Your behalf unless agreed in advance by Us.
3.5 You must comply with our Safeguarding Procedure, Code of Conduct and any other policies which we may publish on the Site from time to time.
3.6 You confirm that You are legally entitled to work in the UK without any additional immigration approvals and agree to notify Us immediately if You cease to be so entitled at any time.
3.7 You will not be paid for any period during which You do not provide Tutoring Services, including where You are unavailable to provide Tutoring Services due to illness or incapacity.
3.8 You shall:
- Provide Your own Equipment required for the Tutoring Services;
- ensure that You are available at all times on reasonable notice to provide such assistance or information as we may require;
- have no authority (and shall not hold yourself out as having authority) to bind us, unless we have specifically permitted this in writing in advance;
- comply with the Bribery Act 2010. Failure to do so may result in the immediate termination of this Agreement;
- not engage in any activity, practice or conduct which would constitute either a UK tax evasion facilitation offence or a foreign tax evasion facilitation offence under the Criminal Finances Act 2017. Failure to do so may result in the immediate termination of this Agreement;
- not knowingly engage in any activity which constitutes or facilitates cheating or plagiarism by a Student. You agree to contact Us immediately in the event that You suspect this type of activity is occurring or may occur and provide reasonable assistance in any subsequent investigation by Us;
- assume all responsibility for Your role as Tutor and for the provision of Tutoring Services to the Client which includes the content of lessons;
- obtain, use and maintain in good working order Your Equipment. 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;
- 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/. Such directions are in place to protect the safety of Students.
3.9 We authorise You to use the Site and any other services provided to You by MTW to deliver the Tutoring Services. You agree that this Agreement applies to that use in full.
3.10 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).
3.11 Where terminated, MTW shall deactivate Your MTW Login and Account promptly.
- ARRANGEMENTS FOR THE PROVISION OF TUTORING SERVICES
4.1 You will provide the Tutoring Services remotely, which will generally be from Your home address or such other place that enables You to comply with your duties in clause 3 (the “Location”). You confirm that You are not and will not be in breach of any covenant or agreement in carrying out the Tutoring Services from the Location.
4.2 You confirm that You will provide the Tutoring Services in Your personal capacity and not via any third-party intermediary. You warrant that You are not registered for VAT and accordingly no VAT is payable in respect of Your fees for the Tutoring Services.
4.3 This Agreement does not impose any ‘normal’ hours of work and You will provide Tutoring Services on an "as required" basis. Your hours will vary according to Our needs and Your availability to provide Tutoring Services.
4.4 You are entitled to a rest break of 20 minutes for every six hours that You work. It is Your responsibility to ensure You take this rest break.
4.5 You agree to inform us if (whether as a result of the Tutoring Services alone or in combination with other work You may carry out) You are likely to exceed a 48-hour working week (which, in the absence of other arrangements, is the maximum imposed by the Working Time Regulations 1998).
4.6 Your fees for Tutoring Services in accordance with clause 5 will be paid together with an uplift calculated to cover Your holiday entitlement in respect of the hours You work when providing Tutoring Services.
4.7 We may offer You certain training from time to time as part of Your provision of the Tutoring Services, but no specific training is guaranteed by Your entry into this Agreement.
4.8 In view of the rules and regulations around working with children and vulnerable people, We will need to undertake various onboarding checks before You can provide Tutoring Services, which includes a clear ‘enhanced’ Disclosure and Barring Service (DBS) check result (more information on this can be found here). Where you do not hold a valid DBS check when you apply to provide Tutoring Services, you may be offered to arrange one via our third party provider: where this is the case, we will pay the fees associated with obtaining the DBS check, and you agree to us deducting this sum from the fees payable to you for the Tutoring Services, in accordance with clause 5.3 below.
- FEES AND EXPENSES
5.1 We will pay You the fees as agreed between us in Your Account set up. We shall provide You with a payslip for Tutoring Services once a month setting out the hours that You have worked for us, as recorded by You, during the preceding two week period. More details on how we will pay You are set out in our FAQs
5.2 You shall bear Your own expenses incurred in the provision of the Tutoring Services (including without limitation broadband or the cost of Your Equipment)
5.3 We will make all necessary deductions from Your fees as required by law. We shall also be entitled to deduct from Your pay or other payments due to You any sums which You may owe to Us at any time.
- OTHER ACTIVITIES
You may be engaged, employed or concerned in any other business, trade, profession or other activity which does not place You in a conflict of interest when providing the Tutoring Services .
- CONFIDENTIAL INFORMATION AND CLIENT PROPERTY
7.1 You shall not use or disclose to any person either during or at any time after Your engagement by us any confidential information about our business or affairs or any of our business contacts, or about any other confidential matters which may come to Your knowledge in the course of providing the Services. For the purposes of this clause 7, “Confidential Information” means any information or matter which is not in the public domain and which relates to our affairs or any of our business contacts.
7.2 The restriction in clause 7.1 does not apply to:
a)any use or disclosure authorised by us or as required by law; or
b)any information which is already in, or comes into, the public domain otherwise than through Your unauthorised disclosure.
7.3 All documents, manuals, hardware and software provided for your use by us, and any data or documents (including copies) produced, maintained or stored on our computer systems or other electronic equipment (including mobile phones if provided by us), remain our property.
7.4 Nothing in this clause 7 shall prevent You or us (or any of our officers, employees, workers or agents) from:
- reporting a suspected criminal offence to the police or any law enforcement agency or co-operating with the police or any law enforcement agency regarding a criminal investigation or prosecution; or
- doing or saying anything that is required by HMRC or a regulator, ombudsman or supervisory authority; or
- whether required to or not, making a disclosure to, or co-operating with any investigation by, HMRC or a regulator, ombudsman or supervisory authority regarding any misconduct, wrongdoing or serious breach of regulatory requirements (including giving evidence at a hearing); or
- complying with an order from a court or tribunal to disclose or give evidence; or
- making any other disclosure as required by law.
- DATA PROTECTION
8.1 We will collect and process information relating to You in accordance with the privacy notice which is on the Site.
8.2 Both parties shall comply in full with the Data Processing provisions detailed on our website and as amended or superseded from time to time in writing by the parties.
- INTELLECTUAL PROPERTY
9.1 When delivering the Tutoring Services, if You publish any Tutor Content 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 licence (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that Tutor Content, 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 Tutor Content, 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;
- to each user of the MTW Services a worldwide, non-exclusive, perpetual, royalty-free licence to access Your Tutor Content, and to use, reproduce, distribute, prepare derivative works of, display and perform such Tutor Content under the terms of this Agreement.
9.2 You acknowledge that all Tutoring Services 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 Tutor Content and recordings.
9.3 You agree that any Tutor Content You use in the performance of 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 Tutor Content in question and to grant the licences referred to in clause 9.1.
9.4 All Intellectual Property Rights in all materials produced by You pursuant to delivering the Tutoring Services shall be Your property. For the avoidance of doubt, this clause 9 shall not cover any content communicated, posted or otherwise transmitted to the Site by any third party.
9.5 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 Tutor Content provided by You infringe its rights.
9.6 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.
9.7 If a payment due from You under this clause 9 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.
9.8 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.
9.9 You acknowledge that all Intellectual Property Rights in and relating to MTW Services and the Site are owned by MTW or MTW’s licensors.
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.
11.1 Either party may terminate this Agreement by giving to the other not less than 1 week’s prior written notice.
11.2 We may at any time terminate Your engagement with immediate effect with no liability to make any further payment to You (other than in respect of any accrued fees or expenses at the date of termination) if:
- You are in material breach of any of Your obligations under this Agreement; or
- other than as a result of illness or accident, after notice in writing, You wilfully neglect to provide or fail to remedy any default in providing the Services.
Any delay by us in exercising our rights to terminate shall not constitute a waiver of those rights.
11.3 Upon the termination of this Agreement for any reason:
- You shall immediately cease providing the Tutoring Services;
- You agree to follow our instructions issued in accordance with clause 8 of this Agreement regarding Shared Data; and
- You agree not under any circumstances to contact a Client or a Student except where based on our specific instructions.
- OBLIGATIONS ON TERMINATION
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 firstname.lastname@example.org 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.
13.1 This Agreement governs Your engagement by Us from time to time as a casual worker. This is not an employment contract and does not confer any employment rights on You (other than those to which workers are entitled) and You should not hold yourself out as being employed by Us. In particular, this Agreement does not create any obligation on Us to provide work to You and You will work on a flexible, "as required" basis.
13.2 You shall be fully responsible for and indemnify Us against any liability, assessment or claim based on:
- taxation howsoever arising from or made in connection with the performance of the Tutoring Services (except such deductions as are provided for in clause 5.4 above), where such recovery is not prohibited by law; and
- any claim that You hold employment status by virtue of the provision of Tutoring Services under this Agreement (including reasonable costs and expenses) brought by You against Us arising out of or in connection with the provision of the Tutoring Services.
We may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to You.
- CHANGES TO THESE TERMS
14.1 We may, from time to time, change the terms of this Agreement for valid reasons such as (without limitation) to improve the Agreement or to make it clearer or easier to understand, to comply with legal or regulatory requirements, such as mandatory laws that apply to Us and our agreements with our Tutors, or where We are subject to a court order, to provide Tutors with additional information about the provision of the Tutoring Services, or for security reasons, including the introduction of additional security checks or software to protect our Site, Clients, Students and Tutors.
14.2 If We change the terms of this Agreement We will tell You. We will aim to notify You at least 30 days before making any changes to the Agreement, unless the changes need to be implemented quickly for security, legal or regulatory reasons in which case We will notify You of the changes as soon as We can.
14.3 If You do not agree to any change to the terms of this Agreement, You can choose to terminate this Agreement before the changes become effective. If You continue to provide Tutoring Services after the date on which such changes take place, we will take that as Your acceptance of the changes
- THIRD PARTY RIGHTS
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.
- GOVERNING LAW
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).