The Profs Terms of Service

Terms and Conditions

Introduction
The Profs Tuition Limited will be referred to as ‘The Profs’ hereafter. Any arrangement for tuition made through The Profs is made on behalf of the Tutor as a sole trader. The person in receipt of tuition, or with whom payment for tuition is arranged, will hereafter be referred to as ‘the Client’ and the teaching relationship as ‘the placement’.

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By confirming a tuition placement, as either a Tutor or a Client, you explicitly agree to The Profs Terms of Service. The Profs Terms of Service shall be governed by and construed in accordance with the laws of the United Kingdom.

Approval
Acceptance of and payment for of our services is an explicit agreement to these Terms and Conditions.

Plagiarism
The Profs will not condone or tolerate unethical academic practises including, but not limited to plagiarism and intellectual property violation. Any such unethical practices, or any request for such practices to be carried out, can result in the immediate cancellation of a tutorial or the placement as a whole, and disciplinary action up to and including dismissal of the Tutor. Full responsibility for the content of any academic work submitted to any institution rests with the Client, and The Profs will not accept liability for the consequences of plagiarism.
The Profs reserves the right to determine what constitutes a request for unethical practice, and to refuse their services to anyone making such a request. Anyone deemed to have made such a request, whether enacted or otherwise, will cease to be a client of The Profs, and will forfeit their right to any assistance or protection under these Terms


General

The Profs reserves the right to reasonably alter these terms and conditions. Unless otherwise agreed in writing by a Director of The Profs, and with the exception of specific employment contracts, these terms and conditions shall prevail over any other terms of business or conditions put forward by the Client or the Tutor.

Once a placement is confirmed, the Tutor and the Client have entered into an explicit tuition agreement as governed by The Profs’ Tuition Agreement Documentation (provided on request). The Profs acts as agent on behalf of the Tutor and the Client, except in exceptional cases when the tutor is directly employed by The Profs. The Profs is responsible only for arranging a suitable tutor for the Client in the required field. Responsibility for the content of lessons, and the teaching methods employed, remain with the Tutor. The Profs’ do not accept responsibility for the outcomes of placements arranged by them or for the achievement of the Client’s aims.

The below are guidelines for the conduct of tuition. As our tutors are self-employed, all charges administered through The Profs are subject to the discretion and best judgement of the Tutor. We offer the following as common practises in the industry, that should be expected unless otherwise specified by the Tutor.

Cancellation Policy
Both the Client and the Tutor should notify the other in advance of any holiday commitments they may have, and any changes to the tuition timetable necessary because of illness or inconvenience. Tutorials must be cancelled a minimum of 24 hours prior to the arranged tutorial start time, otherwise the cancellation will be considered late. The Tutor may agree an alternative date or time for the session, but may at their discretion continue to treat this as a late cancellation.
Where late cancellation is made the Client is liable for 50% of the full cost of the planned tutorial. This charge will be levied by The Profs on behalf of the Tutor. If the Client cancels more than 24 hours prior to the arranged tutorial start time, no payment is liable, with the exception of prearranged expenses already incurred by the Tutor.
If late cancellation is made by the Tutor (within 24 hours of the tutorial) the Client is not liable, and may request a replacement Tutor.

Tutors may set their own terms with clients, in respect of the notice required for cancellations, in discussion with The Profs. These must be made clear to the client in writing, and The Profs must be informed, otherwise we will not undertake to uphold them.

Late Arrival Policy
Where cancellation by either party is made with less than two hours’ notice, or if either fails to arrive at the arranged place and time for a tutorial, this will be considered non-attendance. Where the Client is at fault, they will be liable for the full cost of the planned tutorial, or any period during which they were not present. If the Tutor is at fault, The Profs will not support a request for payment for any time during which they were not present or engaged in teaching.
Either party may, with the agreement of the other, continue the session beyond the planned time-limit, but this will not automatically waive any liability for late arrival, which remains at the discretion of the disadvantaged party.

Placement Fees
The Profs’ ‘Placement Fee’, details of which will be made clear to all clients by the Client Liaison Team at the time of confirmation of their placement, is payable on confirmation of the placement with the client’s preferred tutor. It is, however, The Profs’ usual practice to delay their request for this payment until after the first tutorial.

Deposit To begin the process of matching the Client with the appropriate tutor, payment will be taken of part of the Placement Fee, to act as a deposit. The amount will be outline by a member of The Profs team at the point of first contact, and will be confirmed by email. If, subsequently, the Client withdraws their request for a tutor, this deposit will be forfeit. Where the Client is successfully matched with a tutor, the remainder of the Placement Fee will be charged.

In the event that The Profs cannot provide the Client with a suitable tutor within one week of the payment of the deposit, then it will be returned automatically to the Client. Where a tutor has been found, but The Profs have been unable to contact the relevant client, or take payment of the Placement Fee, within one week, then the deposit will be forfeit.

Where the client is dissatisfied with the placement, and contacts The Profs according to the terms of the Satisfaction Guarantee for the first session, The Profs undertake to arrange an alternative tutor, where possible, without levying this fee a second time. Where no replacement is possible, the Fee will be returned.
This Fee is also payable where placements are terminated by the client or as a result of the client’s actions, after having been confirmed, and once tutor and client have been introduced to discuss the placement, without good reason for termination. It is for The Profs’ management to determine what constitutes good reason in these instances, and in each case the matter will be decided on a situational basis. If a client cancels after confirming a tutor and a payment method, then the placement fee is chargeable.

Satisfaction Guarantee
Where the Client is dissatisfied with the first tutorial of any placement, The Profs will not request payment from them, and will refund any payment made by them for the tutorial in advance, subject to the following conditions:

In order to be eligible for this refund, the Client should have terminated the tutorial before the scheduled finish time, and contacted a staff member at The Profs immediately. If the Client has not contacted The Profs within 24 business hours of the first tutorial, no waiver or refund can be guaranteed, as payment may already have been made to the Tutor. In such cases The Profs may raise the matter with the Tutor, or advise the Client to approach the Tutor directly.

The grounds for invocation of the guarantee must also be reasonable, as determined by The Profs; for example, self-evidently sub-standard tuition constitutes reasonable grounds, but disagreement with commonly practised teaching methods may not.

Where these conditions are not met The Profs cannot guarantee any waiver or refund. and accept no liability for any consequences that arise from the tuition.

Minimum Hours
There is a minimum length for any placement arranged by The Profs. Typically this will be 5 hours, but the exact number will be confirmed by our Client Liaison team before any placement is confirmed.

Damages
The Profs do not accept any liability for any claims by the Client arising out of, or related to, Tuition. By accepting these terms and conditions you agree to indemnify The Profs, without limit, in respect of any such claims.


Clients


The Profs acts as agent on behalf of the self-employed tutor (Tutor) and will introduce the Tutor to the client (Client). The Profs is only responsible for finding and matching students with an appropriate teacher for the specific subject, and is not responsible for the content of lessons nor the teaching methods of the tutor, nor does The Profs accept any liability for the consequences of such tuition, including, but not limited to, exam results and dissertation scores.

Fees and Payment
The billing process for tuition will be under the control of The Profs for convenience of the Tutor. The Profs will invoice all clients on a weekly basis for any tuition taken, unless otherwise agreed, and payment will be due within one week of the invoice date.

The preferred method of payment is by debit or credit card, administered by the payment provider, Stripe. The Client will be required to permit the storage of their card’s details by Stripe, and confirmation of a placement implies authorisation of weekly deductions from the specified card, subject to invoices which will be sent to the Client in advance and of which copies will be available on request.

In exceptional cases, for instance where the Client does not have access to a UK bank account, payment may be taken from a debit or credit card via the Stripe payment system. This method will be employed following the same pattern as outlined above. To do so, the Client will be required to permit the storage of their card details by the Stripe system, and to allow The Profs to make direct requests for payment in respect of their invoices.

No placement with any tutor can be confirmed through The Profs without the establishment of a payment mandate, as set out above. No tuition can take place until such conformation has been made, and The Profs will take no responsibility for tuition undertaken without confirmation.

Cash/Direct Payments
The Profs advises that payment is never made directly to the Tutor without written confirmation from both a Director of The Profs and the Tutor. The Profs cannot guarantee that such payments will be verified, and accepts no responsibility in the case of a dispute arising from such a payment.

Late Payment
In the event that a payment request cannot be met, either due to a lack of sufficient funds or error on the part of the client’s bank, the following protocol will be employed. Action taken depends on the number of times that a payment request has failed and been renewed.

First Failure: The client will be notified by The Profs of the failure, by telephone and email, and given the opportunity to make payment by an alternative method. In the absence of an agreement to the contrary, the original payment request will be renewed, using the same method.

Second Failure: The client will again be notified by The Profs by telephone and email, and will be liable for a Late Payment Fee of £25, to be paid by The Profs to the relevant tutor. The Profs will advise the tutor in question to suspend tuition until the issue can be resolved. Whether or not they do so remains at their discretion. However, The Profs does not undertake to support or administer any tuition arrangement for which no reliable method of payment has been established.

Third Failure: The Profs will, as representatives of the tutor, submit a Letter Prior to Court Action to the client in question by email and post, outlining the methods by which payment can be made. On receipt of this email, the client will have 14 days to respond and either arrange payment, or set out their case for refusing payment, which The Profs may accept or refute as deemed appropriate.

If no satisfactory arrangement is made in that time, The Profs will submit the case for judgement in the County Court, on the tutor’s behalf. The client will then be in receipt of a Court Summons, requiring them to attend a hearing. They will have a further 14 days to respond to the court, or make payment to the tutor through The Profs. The client will be liable for the cost of the court fees, usually £25, which will be detailed in the Summons.

If the client does not respond to the court, make payment or attend the summons, the The Profs will request a County Court Judgement to be entered against them by default, whereupon the court will order them to pay the sum owed, according to a schedule set out by the court.

If payment is not made in the allotted time, The Profs will seek a Warrant for the pursuit of the required sum. The cost of this Warrant, usually £70, will also be added to the sum owed. If deemed appropriate, The Profs will also seek to levy interest on the amount owed, to compensate the tutor for the continued delay in payment. The Profs represents the interests of the tutor in these matters, but does not undertake to compensate any tutor for lost earnings in case of default by a client. The Profs reserves the right to ommit any part of the above outlined procedure at the discretion of the agents of the company responsible for its application.

Group Tutorials
In the case of group tutorials, a discounted rate per person will be offered. If one or more of the Clients do not attend the tutorial, the tutorial will be charged at the standard hourly rate of the tutor.

Liability
The Profs do not accept any liability for any claims by the Client arising out of, or related to, the carrying out of the tutoring by a Tutor introduced by The Profs.

Tutors

We supply all of our Tutors with a handbook, developed from our own and other tutors’ experience, which provides advice on the conduct of placements. We expect all work undertaken through The Profs to be conducted in an appropriate and professional manner. Where it is not, we reserve the right to terminate our relationship with the tutor in question.

The following arrangements are understood and agreed by both parties:

Self Employment
All new tutors working with The Profs have Self-Employment status in the UK and are responsible for their own tax affairs, unless they have a specific employment contract with us. Tutors are free to work with other employers, and The Profs only asks that they consider the effect of such other commitments on their work with Clients introduced through The Profs. The Profs reserves the right to request National Insurance and Unique Tax Payer References on behalf of HRMC if asked to do so.

Right to Work
Please note that students on Tier 4 Student Visa cannot be Self Employed and so cannot work for The Profs without an employment contract. Please check your Visa before applying for work through The Profs. By accepting work with The Profs, you are agreeing that you have the right to be self employed, and must let a Director know if this is not the case. This will terminate your work with The Profs and could violate your right to remain in the UK.

Private Arrangements
In consideration of The Profs introducing you to Clients, we ask that you do not make private arrangements or enter into private agreements with Clients without first consulting a Director of The Profs. Such introductions could damage The Profs’ brand name, and we must monitor the quality of all tutors that are introduced through our service. The Profs are happy to negotiate commission for new clients referred to you, as well as reasonable expenses incurred, and The Profs will process the billing. In appropriate circumstances, a self-employed tutor may subcontract such work, through introduction of another Tutor to The Profs, but must first consult with a Director. A Tutor must make it clear in their job bid if they do not intend to personally undertake the work.

Environment & Scheduling
The Tutor and the Client are responsible for finding and agreeing upon a suitable environment in which tuition can take place. Tutors take full responsibility for organising and conducting their own tutorials. Please call a director for advice if you are unsure of where to meet. It is your responsibility to find a safe and suitable working space in which to conduct your tuition.

Payment
The Profs will agree the final fee structure of tutorials with the Client and this must not be changed without the written authority of The Profs. Tutors are free to quote their own rates in a job bid, and these will be proposed to the Client for their consideration.

As part of our service, The Profs will collect any fees due from Clients and pass them on to you, minus our commission. The Profs invoices clients on behalf of Tutors. Payments will only be made once the invoices have been paid by the Client, but The Profs will try and take payment in advance, where possible. Payment can be expected two Fridays after the date of the invoice, conditional on the client paying in a timely manner.

Tutorials must be added to your TutorCruncher calendar for invoicing. You must keep a record of all lessons taught (or cancelled with less than 24hrs notice) as well as expenses incurred on behalf of the client. We do not need to see these, but if a client disputes hours that are invoiced we will be unlikely to be able to pay Tutors if this record has not been signed. The Profs can issue you with time sheets and we advise that these be signed after each tutorial.

You are advised not to be paid directly by the Client as The Profs cannot verify if the correct amount has been paid, and this runs the risk of false payment claims by Clients. The Profs sends an invoice to the client, on behalf of the Tutor. You will not be entitled to receive your fee until The Profs has received payment from the Client. If The Profs does not receive payment in a reasonable time period, Tutors may obtain written permission from a Director of The Profs to invoice the Client directly.

You undertake to The Profs that you will duly pay the tax and national insurance contributions which are due from you whether in the United Kingdom or elsewhere in relation to the payments made to you by The Profs under this Agreement. You further agree to indemnify The Profs in respect of all and any income tax and national insurance contributions which may be found to be due by you under this agreement together, with any interest, penalties or gross-up therein.

For the purposes of record keeping, you will account for the full fee due to you from the Client as income.

Expenses
The Tutor may wish to charge additional expenses such as text books and travel expenses to the Client, but these must be agreed upon before each tutorial with the Client, and a manager at The Profs must be informed in writing of such an agreement if the Tutor wishes to charge such expenses through our invoicing system. These expenses will not be included in the invoice unless stated by the Tutor.

Data Protection Act
The Profs uses tutor data for the purposes of the services that it provides. Tutors providing personal data consent to the use of that data by The Profs for the purpose of effecting introductions to clients, for billing and fee collecting purposes, and to enable The Profs to contact the tutor from time to time


Plagiarism
Whilst working with clients, you must not break any rules that apply to the students under their own agreements with the universities at which they attend. It is forbidden for any tutor to plagiarise any other person’s work without acknowledgement, and also to attempt to write any dissertation material, essays, problem set answers or exam solutions for the student to attempt to pass off as their own work. It is imperative that all of our tutors act morally, ethically and legally in conducting their work. Any tutors found to be supporting such activities will be dismissed and may find themselves legally liable for damages sought from their client.


Other

Confidentiality
You undertake that you shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, Clients or suppliers of The Profs with 3rd parties. You may however disclose The Profs’ confidential information as may be required by law, court order or any governmental or regulatory authority. You shall not use The Profs’ confidential information for any purpose other than to perform your obligations under this agreement.

Copyright
All content on this website is protected by UK and international copyright laws. No part of the site may be copied, reproduced, distributed, redistributed, modified or displayed without the express written permission of The Profs. Designs and concepts may not be used for any purpose at all without written permission from a Director of The Profs. All trademarks used or referred to in this site are the property of their respective owners. Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of contacting The Profs.

External Links
Although care has been taken to ensure the accuracy of the information on www.TheProfs.co.uk, information on the site is provided without any representation or guarantee and in no event shall The Profs be liable in connection with the use of the information made available, unless specifically stated otherwise. The Profs does not guarantee that the Web Site or the server which makes this Web Site available, are free from viruses or any other harmful elements. The Web Site may provide links to other web sites, which are not under the control of The Profs. The Profs shall not be in any way responsible for the content of other web sites. The Profs provides such links only as a convenience, and the inclusion of any such web site does not imply endorsement by The Profs of the content of that site. The Copyrights of this website and its content rest with The Profs or its licensors. All rights reserved. Users should not create links to this website from another website or document without The Profs’ prior written consent.

Although great care has been taken to check the site and its contents, including our resources, for errors and any breach of copyright, if any such breach is suspected, then please let a director know immediately, and the material will be taken down and/or rectified as appropriate.