1. General:

 

1.1 For the purposes of this agreement, when referring to our company, Excelsior Tutors, or the team, we refer only to the team that works directly for the maintenance and running of the company, not the self-employed (freelance) tutors that work with us.

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1.2 For the purposes of this agreement, users refer to our customers – anyone who uses our services and/or website, even if they do not end up purchasing our services. This term includes both the students and parents/legal guardians. Students and parents/legal guardians are in places referred to separately in this agreement, rather than using the term users as well.

 

1.3 All users of our website and services must be at least 18 years of age. Students under the age of 18 using our services, must do so in conjunction with and with the supervision of their parents/legal guardians. In this circumstance, the parents/legal guardians will be considered the user, and so is responsible for the use of our services. The bill-paying account for these services will be held in the user’s name, but students under 18 may be able to access our website and services. We are not responsible for any disputes between students under 18 and their parents/legal guardians.

 

1.4 All personal data that is collected from users and tutors is collected on the basis that it is necessary for the delivery of our services and function of our company and is kept confidential except in the case of extreme circumstances. You agree to provide accurate information for these purposes. Further information can be found in our Privacy Policy.

 

1.5 Excelsior Tutors reserves the right to select our clients, both students and tutors and we may withdraw its services from users if judged necessary and appropriate. We do not consider gender, age, religious beliefs or other protected characteristics for selecting our clients and no user will be subject to any discrimination on these grounds at any time from the Excelsior Tutors team.

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2. Liability of Excelsior Tutors:

 

2.1 Excelsior Tutors will have no liability for any arrangement that is made between the tutor and users.

 

2.2 Our liability is that users purchase our services, we take a small commission fee (at a fixed rate) for website maintenance, company insurance, and a small income for our team. Most of this purchase is then sent to our self-employed tutors.

 

2.3 We do not exclude liability for personal injury caused by our negligence. We are liable for damage resulting from our gross negligence, but liability from slight negligence is excluded. We will not be liable for any failure to provide services if an event outside of our reasonable control occurs.

 

2.4 Excelsior Tutors will not be liable for any loss or damage suffered by users from their use of our services and our site, including economic losses, loss of reputation and loss of data.

 

2.5 We are not liable for any loss or damage resulting from the breach of this agreement, misuse of our services and changes we make to the way our services work.

 

2.6 If users are dissatisfied with our services, any offer that is made as a compromise is at the discretion of our company but does not constitute our acceptance of the responsibility for any outcomes.

 

2.7 All users must give Excelsior Tutors reasonable time and opportunity to respond to any issues for which Excelsior Tutors are potentially liable before incurring costs to remedy matters on their own.

 

2.8 Excelsior Tutors do not accept liability for any events that may occur from using our website or services, because of another user importing malware or viruses to other users. Regardless, we continue to pursue anti-viral and anti-malware software to prevent this and recommend that our users do so too.

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3. Indemnity:

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3.1 All users and tutors agree to indemnify Excelsior Tutors harmless from any losses including legal fees for or against our company arising from a breach of this agreement or your omissions; a breach by a third party resulting from your use of the site or services or your omissions; or a breach resulting from your unauthorised use of a lesson recording of the services we provide.

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3.2 Users and tutors indemnify to hold Excelsior Tutors harmless if the company is held liable for claims arising from other tutors, users or third parties, including content that is posted publicly on our website, once given your consent. This indemnification also includes penalties and the costs of a legal defence.

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4. Safety and security:

 

4.1 Excelsior Tutors will undergo reasonable efforts to ensure that the site, services and any personal information we have on record are kept secure. However due to the nature of the internet, we cannot guarantee that: information you upload on website will not be used by a third party, whether from our usage or yours, in some way; any information and content that you receive will be virus and malware free, despite our reasonable efforts; there will be no defects in any content or services that are supplied to you; those who attempt computer hacking will not be successful.

 

4.2 We cannot guarantee that User use of our site will always be uninterrupted. We will make efforts to keep the website always running, but every so often it must be taken offline for maintenance and development.

 

4.3 Excelsior Tutors grant you permission to use our site and services. In doing so you agree not to conduct data collection activities in relation to any other user of the site or services and not to attempt to gain access to, attack or hack or site and services. If you breach these obligations, you are committing a crime under the Computer Misuse Act 1990 and will be reported to relevant authorities. In this event, we will disclose your identity to these authorities.

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5. Tutor details and responsibilities:

 

5.1 Our main company policy is fighting for a fairer pay for our tutors. In doing so, we take a 20% commission fee to pay for our website maintenance, accountant, company insurance, other purposes and a small income for our team. We will not go above this 20% limit.

 

5.2 As a tutor, you are confirming that you are freelance and self-employed, choosing to work or not to work any number of hours you wish for any length of time. In accordance with this, you must be legally entitled to work in the UK on a self-employed basis.

 

5.3 Tutors are selected based on their ability, demonstrated with an interview based on the company’s predictions and experience, and their services offered to customers, regardless of demand once confirmed as a tutor.

 

5.4 As a tutor, you will be required to submit a picture of yourself and short blurb which, pending our approval, will be published on our website. We reserve the right to decide whether your picture and blurb are appropriate and ready to be viewed by our users. In line with this, you will not submit any content that is offensive, harmful, exploitative, illegal and spreads false or misleading information. The files you submit must also be free of any viruses or malware. You are responsible for this content that you submit and may suffer a penalty including removal as a tutor if deemed necessary. In submitting these pictures and blurbs, you grant us permission to use them both on our website and for marketing purposes without restriction or prior notice.

 

5.5 If a student over 18 or parent/legal guardian contacts us about our services, we may disclose some of your personal information, such as your name, and background in tutoring to more effectively deliver our services.

 

5.6 You agree that you will not disclose any personal information of any user of Excelsior Tutors, nor business information except as may be required by law, court order or governmental authority.

 

5.7 Once put into group chats with clients, you agree not to privately message any of the clients, including the student, without prior permission of Excelsior Tutors. You may not contact the student or parent/legal guardians for any advertising purposes, whether related to our company or not.

 

5.8 As a tutor, you also agree not to upload viruses or malware designed to interrupt or destroy any hardware or software that the student or parents/legal guardians may have.

 

5.9 You will be expected to respond promptly to messages from both the Excelsior Tutors team, as well as any students and parents/legal guardians. This includes requests to take on students and requests to move/cancel lessons ahead of time.

 

5.10 In teaching the student, you agree not to use any materials that infringes copyright, intellectual property or other proprietary rights of other parties.

 

5.11 In teaching the student, you agree not to upload or communicate any content that is illegal or encourages illegal behaviour. You may also not upload any content that is deemed inappropriate at the discretion of both Excelsior Tutors and the parents/legal guardians.

 

5.12 During video lessons, you agree not to release any personal information, nor ask for any that poses a security risk to any person. You may also not disclose any business information to clients.

 

5.13 You may be asked for further personal details to complete an Enhanced check through the UK Disclosure and Barring Service (DBS) such as passport, UK driving license and personal bank details. Any personal information released during a DBS check will be kept confidential and handled with care. This will validate you as a person without any criminal convictions relating to education and enables us to comply with our child protection policies.

 

5.14 If you are temporarily unable to supply these details, a record of this fact will be kept, being completed within the near future when you are able to supply these details.

 

5.15 To transfer your payment for your tutoring services, you will be asked to supply your bank details. These will be kept securely by our company for the duration of your work to save us time in asking you for your details in the future. For further information, please view our Privacy Policy.

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6. Relationship between tutor and student:

 

6.1 Excelsior Tutors will introduce the tutor, student and parents/legal guardians on a WhatsApp group chat. Tutors may not contact students under 18 without the express permission of both the parents/legal guardians and Excelsior Tutors.

 

6.2 It is the responsibility of the tutor to negotiate the times, dates and frequency of lessons and for the student and parents/legal guardians to agree upon this. The specific method of teaching online is left up to the discretion of the tutor using their own experience and industry practice.

 

6.3 Students may not request tutors to complete any schoolwork or homework assignments on their behalf.

 

6.4 Students may not use Excelsior Tutors for any purpose to violate academic honesty such as for EPQ work, projects and dissertations.

 

6.5 In a situation where the student or parents/guardians are dissatisfied with their tutors, within reason, they must make a complaint by emailing enquiries@excelsiortutors.co.uk directly with the name of the WhatsApp group chat for reference. Excelsior Tutors will endeavour to respond within 48 hours, but this is not a guarantee. In turn, the respective tutor will then be informed of the complaint.

 

6.6 Excelsior Tutors will investigate any complaints disputes between tutors and students or parents/legal guardians with regards to lessons, scheduling, privacy and other issues. All parties are expected to be prompt with lessons and professional.

 

6.7 Excelsior Tutors reserves the right to investigate, including if necessary legal action, and to terminate any tutor-student arrangement if this conduct is broken. If the tutor’s behaviour is found to be inappropriate or of a low standard, then a refund may be issued or an alternative tutor may be sought, or another compromise found. This shall be done after consulting the original tutor.

 

6.8 If any party is suspicious of unauthorised use of their email of phone number, they must inform Excelsior Tutors immediately. In turn, we will do our best to immediately inform users of our company that have had contact with you and warn them of this unauthorized use, including recommending that they block your contacts until further information is available from you.

 

6.9 All parties – tutors, students and parents/legal guardians – in working with Excelsior Tutors agree to a policy of non-solicitation. In accordance with this policy, no party is permitted to find a private arrangement with the tutor for their services. Should a student or parent/legal guardian be found to breach this, then the parent/legal guardian will be held accountable on behalf of the student to cover the costs of lost revenue for commission that would have otherwise been paid to Excelsior Tutors. Excelsior Tutors is entitled to obtain an injunction to prevent this from being breached again in the future.

 

6.10 Should tutors be found to break this non-solicitation policy, their tutoring services may be terminated, and any fees paid to Excelsior Tutors may be frozen until the number of missed lessons and lost commission fees can be verified with the parents/legal guardians if unarranged lessons have occurred.

 

6.11 It is important to note that any private arrangements that are made between the parties is not only a breach of this policy but prevents the protection that you receive by the permissions and guarantees of this policy. Beyond this, services may be withdrawn to either or both parties for the future.

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7. Fees and payments:

 

Once the number of lessons has been negotiated with the fee-paying adult and invoice will be drawn up using the personal information supplied by the parent. Following this, the transaction should be made within 10 days of receiving the invoice. This will be recorded by Excelsior Tutors and in turn the associated tutor will be informed about the number of lessons that must take place. After each lesson has taken place, the student should send a message to the group chat confirming that the lesson has happened. After this has been received, Excelsior Tutors will send the agreed-upon payment to the tutor for their work using previously registered bank details. This payment will also be recorded for our accounts.

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8. Cancellation policy:

 

8.1 If the student wishes to cancel a lesson, they must do so with more than 24 hours’ notice for their respective tutor. They may choose to move the lesson to another date or time or not. If they choose to move the lesson, the tutor will be paid upon completion of this moved lesson. If they choose to cancel the lesson completely with more than 24 hours’ notice, a refund will be issued. Parents/legal guardians must agree that if the lesson is cancelled with more than 24 hours’ notice and a refund is requested we will need the bank details of the over 18 who purchased the lesson.

 

8.2 If the student wishes to cancel a lesson with less than 24 hours’ notice, then the decision to charge the student will be up to the discretion of the respective tutor. The tutor can choose to reschedule or charge the full amount.

 

8.3 If the student does not join a scheduled lesson within 15 minutes, the tutor must provide evidence of the call being active and the time, such as a laptop screenshot of the call. If the tutor fails to provide this evidence, then the student may be liable for a refund. If the evidence is provided by the tutor, then it will be up to the discretion of the tutor as to whether to charge the full amount for the lesson or reschedule.

 

8.4 Bookings cannot be cancelled after a lesson has started. If there are extenuating circumstances surrounding a missed lesson, then a refund may be issued at the discretion of the respective tutor and Excelsior Tutors.

 

8.5 If the tutor wishes to reschedule or cancel a lesson, they must do so with more than 24 hours’ notice. If they fail to do this, then the student may be liable for a refund for the lesson based on the discretion of Excelsior Tutors.

 

8.6 Tutors who are late for their lessons must provide evidence that they contacted the student directly in advance to inform them and that the student was happy with this arrangement. Failing to do this will mean that the student may be liable to a refund, based on how much of the lesson if any, ended up being delivered. This is up to the discretion of Excelsior Tutors.

 

8.7 If a tutor becomes unavailable, for example due to an illness, then the original tutor must contact Excelsior Tutors immediately to seek a cover tutor. If one is not found as a temporary replacement, then a refund will be issued to the client.

 

8.8 If a tutor has failed to uphold professional standards befit of a tutor such as late arrival, non-appearance and lack of competence, then the student can make a complaint. The tutor, students and parents/legal guardians agree that in this matter, Excelsior Tutors will have the final say on the action to be taken, and whether a full refund or partial refund will be issued or not.

 

 

9. Legalities:

 

9.1 These terms, in combination with our Privacy Policy constitute the agreement between Excelsior Tutors and you, the client or you, the tutor and your use of our services and site. Should a court rule any term as invalid or unenforceable, then the remaining terms will remain valid and in force.

 

9.2 These terms and conditions and any dispute or claim resulting from them shall be governed in accordance with English law and the courts of England will have exclusive jurisdiction to settle the dispute or claim.

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10. Amendments:

 

10.1 Excelsior Tutors reserves the right to alter these terms and conditions. As these changes occur, the signatories will be notified of the updated agreement.

 

10.2 These terms and conditions shall prevail over any other terms of conditions put forward by the tutor, the student or the parent/legal guardian. No variation of these terms will  be valid.

 

This policy is effective as of 26th September 2024