The Profs’ Terms and Conditions:
- For the purpose of these Terms, ‘The Profs’, ‘we’ and ‘the company’ will refer to The Profs Tuition Ltd.
The Profs exists as an intermediary to facilitate private tuition arrangements, and works on behalf of both the providers
and recipients of this tuition.
- In order to differentiate between The Profs’ clients for the purposes of these terms, and to clarify the expectations attached to each:
- ‘The Tutor’ will refer to the provider of teaching, mentorship or consultation in any arrangement.
- ‘The Student’ will refer to the recipient of tuition, and/or to the person or organisation responsible for payment of the Tutor’s invoices.
- In engaging the services of the Tutor, the Student enters into a private agreement with a self-employed individual, which for these purposes will be referred to as ‘the Project’. A single continuous instance of tuition, of any length, whether conducted in person or by electronic means, will be referred to as ‘a session’.
- We reserve the right to amend these Terms as may be required, at any time. Reasonable efforts will be made to inform both Students and Tutors of any such changes, after which time any continued use of our services will constitute acceptance of these changes.
Acceptance of these Terms
- Upon contacting The Profs to arrange tuition, the Student will be considered to have accepted these terms, in so far as they pertain to this initial enquiry, the Profs’ Placement Fee (7.1) and Deposit (7.2). Upon selection of the Tutor and confirmation of the Project, the Student will be considered to have accepted these terms in their entirety. The Profs undertake to make this clear by email. The Tutor may set their own terms, in discussion with the Student, prior to the commencement of tuition, or at a later stage if necessary.
- Any tutor who engages The Profs’ services must abide by all the Terms and Conditions set out here, and will be considered to be in agreement with them from the time that their profile is approved on The Profs’ database.
- In accepting these Terms, it is understood that The Profs can make no guarantee as to the outcome of a Project, in respect of grades or certification from any educational institution. The quality of the Student’s academic work remains their responsibility, and the role of the Tutor will never be more than advisory.
- The Profs does not condone any practice which could be construed as plagiarism, or a violation of intellectual property rights, and will not endorse the actions of the Tutor if they are deemed to constitute an inappropriate level of involvement in a student’s work, including but not limited to the completion of any written work on the Student’s behalf.
- In line with industry and quality standards, The Profs reserves the right immediately to withdraw their services from any Tutor or Student found to have engaged in such practices, or caused them to have been engaged in, or to have requested that this be done.
- No party found to have acted in this way will have any protection under these terms, nor will they be eligible for any refund of payment already made.
- Any arrangement made directly between Tutor and Student, without The Profs’ involvement, and without payment to The Profs will not be protected under these terms, and The Profs will not undertake to administer any part of such an arrangement, or to enforce any agreements relating to it. The Profs also reserves the right immediately to withdraw their services from either or both parties involved, in relation to this or any other Project.
Withdrawal of Charges for Tuition
In cases where the Student is dissatisfied with the Tutor to whom they have been introduced, according to The Profs’ ‘Not
Happy? – No Charge’ policy, we will not take payment for the first session with that Tutor, provided that:
a) The project does not continue beyond one session.
b) This session does not last more than one hour.
c) The Student contacts The Profs as soon as possible, and no later than 48 hours after the session itself, explicitly to invoke this policy.
d) The grounds for dissatisfaction are judged to be reasonable.
- The Profs reserve the right to determine what constitutes reasonable grounds for dissatisfaction, based on industry practice. As a guide, evidently poor preparation, lack of clarity or provision of inaccurate information are likely to constitute reasonable grounds, as this would generally be considered bad practice by other educators. However, objections to widely-practiced teaching methods would not; similarly a tutor’s inability to answer questions on a topic for which they have had no chance to prepare, or of a more complex nature than originally discussed, would not be considered sufficient grounds, as no tutor could reasonably be expected to meet such expectations.
- Where payment has been taken in advance, successful invocation of this policy will prevent the cost of the session being deducted from total credit held by The Profs on the Student’s behalf.
- Where this policy is invoked, The Profs will undertake to identify an alternative tutor, where possible, and to arrange a new project. Any further tuition with the original tutor must still be administered through The Profs, and would invalidate the guarantee, and the cost of the first hour of tuition would again be payable.
- While we expect that a Tutor with our network would respect the decision of the Student in such a case, and refrain from raising any dispute or claim for payment with them directly, The Profs cannot prevent a self-employed individual from taking such steps.
- It is very much the preference of The Profs to maintain successful and productive projects were possible, and as such we strongly encourage open discussion between Tutor and Student, so that a schedule and billing structure acceptable to both can be established, to the benefit of all. We sincerely hope, however, that these conciliatory efforts will not be construed as a desire to avoid honouring the above policy.
- In cases where the Student is dissatisfied with the Tutor to whom they have been introduced, according to The Profs’ ‘Not Happy? – No Charge’ policy, we will not take payment for the first session with that Tutor, provided that:
Charges for Tuition
- The Tutor may set their own hourly rate for the Project. When multiple tutors offer different rates, these rates will be outlined to the Student, including but not limited to preparation time (6.1) and additional expenses (7.3), before the Student selects their tutor.
Minimum Payment and Payment in Advance
- The minimum payment for any project arranged through The Profs is the first five hours, with the hourly rate set by the tutor. Payment for which is required in advance of the first session with the Tutor. In general, no placement will be considered confirmed until this payment is received, although this requirement may be waived in exceptional circumstances, at The Profs’ discretion.
- This payment will be held by The Profs on the Student’s behalf, to act as credit against their first five hours of tuition. This credit will be valid for up to six months from the date of payment, after which time any unused credit will be forfeit.
- In the event that the Project is terminated before the full credit has been used, the remaining credit will not be returned, unless the Project is terminated at the instigation of the Tutor, or unless The Profs are satisfied that the Tutor is unsuitable to continue the Project. The credit will still be available to the Student, to be applied to another project, until the 6 month period has elapsed.
- It is intended that this credit be used entirely with one tutor, but the Tutor may, at their discretion allow some part to be used on work with another tutor. It is still expected, however, that no single project administered by The Profs will last for less than five hours in total.
- Group Projects: Where there are multiple Students in a single project, The Tutor may, in agreement with The Profs, arrange a discounted rate per Student. In the event that one or more Students does not attend a session, the charge for the session will be the the product of this discounted rate and the number of students present, or the typical, non-discounted charge for a single Student, whichever is greater.
Preparation Charges and Work Outside Sessions
- In some instances it may be appropriate for the Tutor to invoice for preparation work undertaken outside sessions. The Tutor must agree any such charges with the Student in advance of invoicing and should make The Profs aware of these charges in writing, in case of dispute. The Profs will not endorse an invoice for charges of this kind in the absence of this prior agreement.
- To engage the services of The Profs in identifying the most suitable tutor for their requirements, and in administering the subsequent project, the Student is required to pay a fee, called the ‘Placement Fee’.
- This fee is payable only once the Student and Tutor have been introduced, and the project has been confirmed. The fee will remain payable in the event that the Project does not continue beyond this introduction, unless the Project is terminated at the instigation of the Tutor, or unless The Profs are satisfied that the Tutor is unsuitable.
- The value of the Placement Fee depends on the sophistication of the work required and the urgency of the request, and will be made clear by a member of The Profs’ team before payment is taken.
- Typically, the fee required for a standard enquiry is £50, while the fee for professional-level tuition, or where a tutor is required urgently (within 72 hours) is £100. The Profs reserve the right to alter these fees at any time, except where a quotation has already been made to the Student in question.
- Where a quotation has been given for a Priority Placement Fee (i.e. it is only the urgency of the request which prevents the enquiry from being considered ‘standard’) and a suitable tutor cannot be identified within 72 hours, this fee will no longer be applicable, and instead the standard Placement Fee will apply.
- It is The Profs’ policy to take part-payment of the Placement Fee in advance, as a deposit, in order to initiate the Student’s enquiry. The Profs will not undertake to approve a Student’s account on our system, to distribute details of their requirements to our Tutors, or to propose any potential Tutors, until this deposit has been taken. This stipulation may, however, be waived in exceptional circumstances, at The Profs’ discretion.
- If The Profs cannot provide a tutor to meet a potential student’s requirements within 5 working days of payment, this deposit will be returned, unless the enquirer wishes to extend this deadline in the hope that a tutor may be found. Beyond one week, the enquiry may be withdrawn at any time, and the deposit will be returned.
- The deposit will not be returned in the event that the enquiry is withdrawn before a week has elapsed, or where the introduction of a tutor has been prevented by the enquirer’s unavailability for contact.
- The Profs will undertake to invoice on the Tutor’s behalf for expenses reasonably incurred in the completion of a project, provided that these have been agreed with the Student explicitly and in detail before the invoice is sent, either directly or by The Profs. It is strongly encouraged that all such charges are discussed and agreed upon before the start of the project, although we recognise that this is not always possible.
- Where an expense is to be claimed repeatedly, without alteration, explicit agreement is not required on each occasion, provided that the Student has agreed to the repetition of the charge.
Late Payment Administration Fee
- Where payment for the Tutor’s invoice is overdue, and resolution cannot be reached in time to prevent delay to the Tutor’s receipt of the payment owed, a Late Payment Administration Fee of £25 will be payable to the Tutor. Advanced warning of this fee will be given, and it may be waived at the Tutor’s discretion.
- For every week beyond this point that the invoice remains unpaid, a further £10 supplementary Late Payment Fee will be levied.
- Placement Fee
- The Profs administer all payment arrangements in respect of every project. We raise invoices on behalf of the Tutor, and take payment for these from the Student. We will not undertake to enforce any invoice not raised by The Profs or any charge which has not formally been invoiced for by our company.
- For administrative convenience, the commission paid by the Tutor to The Profs is deducted directly from the Student’s payment, before payment is made to the Tutor. This will be clearly set out in the Payment Order associated with each payment made to the Tutor.
- All invoices raised by The Profs will be payable within 10 days of dispatch. In all cases, invoices will be transmitted electronically, to the email address associated with the Student’s profile on our system.
- It is the usual practice of The Profs to take payment for each invoice six days from the date of dispatch, to allow time for resolution of payment issues.
- Bank Card: The preferred method is via debit or credit card, through the system administered by the payment provider, Stripe. The Student will be required to permit the storage of the details of a debit or credit card on this system, to allow payment to be taken automatically for each future invoice, a copy of which will be sent to the client in advance of payment.
- Acceptance of these Terms includes acceptance of automatic payments, on the basis outlined in 8.5.1
- Cash or Cheque: The Profs do not handle payments through cash or cheque, and strongly 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.
- Where payment is received successfully, and barring other delays, payment will be made to the Tutor one calendar fortnight from the date on which the invoice was sent. Where payment is delayed, The Profs will undertake to arrange payment on the next possible occasion on which tutor payments are scheduled to be made.
- Where an invoice remains unpaid for an extended period, The Profs will attempt as far as possible to enforce payment on the Tutor’s behalf, and will if necessary seek redress at Law. Any costs associated with this process (court fees, fees for warrants or court orders, etc) will be the responsibility of the Student to pay.
- The Profs do not encourage tutors to take legal action themselves, in such cases, but cannot prevent this.
- A minimum of 24 hours’ notice is required for cancellation or rescheduling of any session, by either party.
- Where less than the required minimum notice is given by the Student, they should expect to pay for half of the cost of the planned session, plus any agreed expenses already incurred in respect of the session, for which an invoice will be raised by The Profs on the Tutor’s behalf. Ultimately any cancellation charges are at the Tutor’s discretion, and the Tutor is at liberty to set their own terms in this respect, in agreement with the Student.
- Where the Tutor is at fault, this will constitute grounds for termination of the project, should the student desire it, and The Profs will undertake where possible to arrange an alternative tutor.
- Where the Student fails to attend a session (if properly arranged and agreed upon beforehand) without at least two hours’ notice, they will be liable for the full value of the planned session.
- Where the Tutor fails to attend a session (if properly arranged and agreed upon beforehand) without at least two hours’ notice, it is expected that they will rearrange the session at the Student’s convenience.
The Profs takes seriously its obligation at all times to represent the interests both of the Student and the Tutor in any
project, and to work for the benefit of all parties. Where disputes arise, The Profs will act as an impartial
intermediary, and will attempt to reach a resolution acceptable to both sides, within the parameters of
these Terms. In the interest of avoiding unnecessary disputes, the following conditions apply:
- In the event that the Student wishes to dispute the hours billed for in an invoice, The Profs will not undertake to uphold this invoice unless evidence is provided by the Tutor that these hours are correct. This must be in the form of a time-sheet which has been shown to the Student for approval, and preferably signed by them. The only other acceptable evidence is the automatic record provided by online communication software such as Skype, Zoom or BitPaper. Hours logged on The Profs’ system for invoicing will not in themselves constitute significant evidence.
- Where the dispute relates to a specific charge, for example an expense, or a charge for work undertaken outside sessions, The Profs will not undertake to uphold the relevant invoice without evidence of the Student’s explicit acceptance of this charge. This should be in writing, and should have been obtained before the work was undertaken, or the expense incurred.
- Although not obliged to do so, The Profs may choose to endorse a disputed invoice, in the absence of the evidence listed in 11.1, but any such endorsement remains entirely discretionary.
- The Profs takes seriously its obligation at all times to represent the interests both of the Student and the Tutor in any project, and to work for the benefit of all parties. Where disputes arise, The Profs will act as an impartial intermediary, and will attempt to reach a resolution acceptable to both sides, within the parameters of these Terms. In the interest of avoiding unnecessary disputes, the following conditions apply:
The Profs accepts no liability for the outcome of any project we administer, or any academic judgement made upon the Student’s
work by any educational institution or professional body with which they may be affiliated. Responsibility
for the success or failure of their efforts rests ultimately with the Student.
- In accepting these Terms, you agree to indemnify The Profs, without limit, in respect of any claims arising out of, or relating to, their tuition.
- Any offer made by The Profs in the event of dissatisfaction on the part of the student is at the discretion of the company, and does not constitute acceptance of responsibility for the outcome of the project.
- In cases where payment owed to the Tutor cannot be retrieved from the Student, The Profs accepts no liability for this payment. As a self-employed contractor, the Tutor must accept the financial risk associated with private tuition and non-payment.
- The Profs accepts no liability for the outcome of any project we administer, or any academic judgement made upon the Student’s work by any educational institution or professional body with which they may be affiliated. Responsibility for the success or failure of their efforts rests ultimately with the Student.
Termination of Tuition
- A project may be terminated at any time, by either party. We would hope that respect for the professional nature of this relationship would encourage direct discussion of any proposed termination between Tutor and Student, but The Profs will act as intermediary where requested, except where a session has been arranged within 72 hours of notice being given to The Profs, in which case direct contact is required.
- Provided that this is not the case, a request for termination made to The Profs will be sufficient for the project to be considered complete. Any outstanding invoices must still be honoured, and where fewer than five hours of tuition have taken place any unused credit may be forfeit (See 5.2).
Provision of Services
The Profs reserves the right to select its clients, both tutors and students, and to withdraw its services from any client
where this is judged to be appropriate.
- We do not consider age, gender, religious belief or any other protected characteristic when selecting our clients.
- Tutors are chosen on the basis of their ability, as demonstrated at interview, their experience, and the likelihood of demand for their services, based on The Profs’ experience and predictions.
- Tutors are engaged for their specific skill, expertise and experience and are expected to take full responsibility for the way in which the services are provided. Tutors will use their discretion in determining the most appropriate teaching method depending on the Student’s needs. The Tutor will not be subject to any supervision, direction, or control, or any right thereof, by either The Profs or the Student, as to the manner of performance of the agreed services.
- The Profs reserves the right to select its clients, both tutors and students, and to withdraw its services from any client where this is judged to be appropriate.
Code of Ethics?
- The Profs is a corporate member of the Tutor’s Association, and as such subscribes to the Association’s Code of Ethics,which are in line with with industry and quality standards. We expect that all of our tutors abide by this code, in all their dealings with clients.
To this, we have added a number of principles, to which we expect our tutors to adhere. A tutor found in breach of any of
these will no longer enjoy the protection of these terms, and will be removed as a client of The Profs:
Where a student is introduced to them through The Profs, no tutor will
- invoice that student independently of The Profs’ system or take direct payment from the student for their services.
- introduce that student to any other tutor, whether or not a client of The Profs’, without first informing The Profs (See 20.1)
- Where a student is introduced to them through The Profs, no tutor will
- The Profs represent tutors as self-employed individuals. We therefore require that all tutors provide proof of their sole-trader status, in the form of their Unique Tax Reference (UTR) number, supplied by HMRC, within three months of their approval as a client of The Profs. Tutors who fail to comply with this requirement within 3 months of their first project will be removed as clients of our company. The Profs may be required to report such instances to HMRC.
- Self-employed tutors of The Profs may tutor independently of The Profs and for other companies. However, Tutors may not subcontract to a direct competitor of The Profs, or engage in a private agreement with a Student introduced through The Profs (See 184.108.40.206).
Right to Work
- It is the responsibility of the Tutor to ensure that they are eligible for self-employment in the United Kingdom, before completing their application for consideration as a client. We will not represent any tutor who, due to visa restrictions or for other reasons, is not eligible for self-employment.
Tuition Arrangements and Place of Work
It is the responsibility of the Tutor to:
a) agree upon a suitable place of work with the Student.
b) agree upon the times, dates, frequency and length of the sessions with the Student.
c) determine the teaching method and approach used in any session guided by experience and industry practice (See 15.1.3).
- It is the responsibility of the Tutor to:
Sub-Contracting and Substitution
- As a self-employed individual the Tutor may choose to offer the Student a substitute tutor, to whom the Project would be subcontracted, for instance in the event of illness. However, The Profs reserves the right to ensure that any substitute is suitably qualified and skilled and that any previous agreements made with the Student are honoured, as far as possible. The Profs may refuse to administer a Project with a substitute tutor where reasonable concerns exist, for example where the substitution may pose a risk to: ethical academic practice; the safety of the Student; the reputation of the agency; the quality of the tuition provided; any pricing agreements previously made with the Student.
- Any subcontracted work must be invoiced for by The Profs on behalf of the Tutor, i.e. the individual originally contracted for the Project (See 220.127.116.11), subject to approval from a Director of The Profs. Full liability for payment to the subcontractor lies with the Tutor.
In the event of an error on the part of The Profs in relation to a payment from the Student, the following terms shall apply:
- Where the amount paid to the Tutor is greater than that to which they are entitled, as set out on the relevant payment order, the excess must be returned to The Profs at the earliest opportunity, by means to be agreed with the company. The Tutor will not be entitled to retain these funds.
- Where the amount paid to the Tutor is less than that to which they are entitled, as set out on the relevant payment order, The Profs will make a second payment to rectify the error, as soon as possible after the fault is discovered.
- Where the payment order itself is at fault, it will not be considered valid by The Profs, and any payment made in respect of this payment order will be considered to have been made in error, and will be treated accordingly, as set out above.
- In the event of an error on the part of The Profs in relation to a payment from the Student, the following terms shall apply:
- Payment for The Profs’ services from the Tutor is to be made in the form of commission paid per hour of teaching invoiced for. For the convenience of all parties, this commission, plus the Value-Added Tax payable on it, will be deducted by The Profs at the time that the Student’s payment is transferred to the Tutor. The amount of commission and tax deducted will be clearly outlined on the payment order sent to the Tutor in respect of this transfer.
- Where the Student refuses to or cannot pay the Tutor’s invoice, and either they have not raised an objection to this invoice, or their objection has been deemed invalid by The Profs, we will act as the Tutor’s representative in discussions with the Student, and in pursuing legal action where necessary.
- The Profs will not, however, accept responsibility for this payment if it cannot be recovered by means of negotiation or legal action. The financial risk must ultimately and in all cases rest with the Tutor.
- Where payment cannot be recovered from the Student, The Profs’ commission will not be payable for the invoice in question and no payment order will be raised.
- As a self-employed individual, it is the responsibility of the Tutor to declare their earnings from tuition to HMRC, and to make any contributions specified.
- Educational services provided by the self-employed Tutor do not attract VAT, so this will not appear on invoices sent to the Student on the Tutor’s behalf, except in relation to charges levied by The Profs, to which VAT does apply.
- The Profs’ commission is subject to VAT, the amount of which will clearly be set out on the payment orders sent to the Tutor.
- 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.