Tutor Terms and Conditions
11PlusSwot.co.uk and Swot Online Tutors Facility are trading styles 11 Plus Swot Ltd.
v 1.0 43 April 2020
TERMS AND CONDITIONS
You must read and agree to these terms and conditions before registering for the Swot Online Tutors Facility Website. Please take a time to read and understand the Terms and Conditions before registering. Existing members shall be informed of these Terms and Conditions once they login. Continued registration with Swot Online Tutors Facility is deemed acceptance of these Terms and Conditions. These Terms and Conditions may change from time to time.
Please make sure that your email address we have stored for you is current and you can access it. You can update your email address within your profile once you sign in.
Definitions
- The following expressions are given the following meanings:
(a) "Booking" means online tuition lessons that are scheduled using the Swot Online Tutors Facility Website.
(b) “Contract" means the agreement between the Tutor and the Student for the Tutor to perform tuition services for the Student or the Student's nominee.
(c) "Booking Tutor" means a Tutor who uses the Swot Online Tutors Facility Website to schedule tuition lessons and uses Swot Online Tutors Facility as an agent to collects payments on his behalf.
(d) "Complaint" means a claim by a Student that the service provided by a Tutor falls below the standards the Student expected of a Booking Tutor.
(e) "Failed Payment" means an outstanding Lesson Fee, for which Swot Online Tutors Facility has been unable to make a successful charge against the payment details provided by the Student
(f) "Independent Tutor" means a person that has appropriate qualifications and experience to provide tuition services in the areas advertised by the Tutor on the Swot Online Tutors Facility Website, with the intention of entering into a Contract.
(g) "Lesson Fee" is the combined fee of the Tutor fee and the Website Fee.
(h) "Members" means Tutors and Students.
(i) "Subscription" means packages that are sold on Swot Online Tutors Facility Website and incur a recurring charge.
(j) "Student" means a person that uses the Swot Online Tutors Facility Website with the intention of entering into a contractual relationship with a Tutor for the provision of tuition services by the Tutor to the Student or the Student's parent/guardian.
(k) "Tutor" means an online Booking Tutor.
(l) "Tutor Fee" is the single time slot fee rate of the Booking Tutor.
(m) "Swot Online Tutors Facility Website" means the website operated by 11PlusSwot.
(n) "Website Fee" is the fee for use of Swot Online Tutors Facility Website.
(o) “Swot Online Tutors Facility” is a trading style of 11PlusSwot Ltd
2. In these Terms-
(a) words importing the singular shall include the plural and vice versa; and
(b) words importing the masculine gender shall include the feminine gender and vice versa.
General
3. All business undertaken by Swot Online Tutors Facility, a Tutor and/or a Student or his parent/guardian is transacted subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail. Obligations of Swot Online Tutors Facility and related provisions
Obligations of Swot Online Tutors Facility and related provisions
4. The Swot Online Tutors Facility Website has been established to allow a Student to contact a Tutor and to allow a Student to view the Tutor's profile. The Swot Online Tutors Facility Website also allows a Booking Tutor to make a Booking with a Student.
5. Swot Online Tutors Facility will take precautions it considers appropriate to keep the details of a Tutor and Student secure but will not be liable for unauthorised access to the information provided by a Tutor and Student on the Swot Online Tutors Facility Website.
6. Swot Online Tutors Facility is not responsible for appraising information on the Swot Online Tutors Facility Website. Members should exercise complete caution. Despite prohibitions, Members may provide information or otherwise behave in a way that is unreliable, misleading or illegal. Further, Swot Online Tutors Facility can offer no guarantee that Members are who they say they are.
Tutor Duties
7. A Tutor warrants that -
(a) he is of at least eighteen years of age;
(b) he has the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the Swot Online Tutors Facility Website;
(c) his profile and subject information provided on the Swot Online Tutors Facility Website is up to date, accurate and truthful; and
(d) he has the legal right to work in the UK on a self-employed basis.
8. A Tutor must disclose any criminal convictions or cautions they may have to Swot Online Tutors Facility, including any criminal convictions or cautions received at any time after having registered a tutor account on the Website and for as long as the Tutor remains registered.
9. A Tutor who contacts a Student who is under the age of 18 must ensure that the Student has consent from a parent or a guardian to provide tuition services to the Student.
10. A Tutor is responsible for the prices quoted for his services on the Swot Online Tutors Facility Website.
11. Swot Online Tutors Facility is responsible for collection of all fees due to a Tutor from a Student. Swot Online Tutors Facility will pay the Tutor a commission of 75% (but may be negotiable by mutual consent) after the session has taken place, at the end of each month.
12. A tutor takes full responsibility for all information that he provides on the Swot Online Tutors Facility Website and must indemnify Swot Online Tutors Facility in relation to any liability incurred by Swot Online Tutors Facility as a result of such information.
13. A Tutor shall indemnify Swot Online Tutors Facility for all claims and liabilities arising out of any use by the Tutor of the Swot Online Tutors Facility Website, including any associated costs and expenses incurred, whether direct or indirect.
14. A Tutor must contact a Student through the Swot Online Tutors Facility Website. If the student is under 18 years of age all contact must be through the parent/guardian.
15. A Tutor must not be in any way be abusive about a Student or his nominee on the Swot Online Tutors Facility Website or any other place.
16. A Tutor is not an employee of Swot Online Tutors Facility and accepts full responsibility for all Income Tax, National Insurance and other liabilities arising from use of the Swot Online Tutors Facility Website.
17. All information provided by a Tutor on the Swot Online Tutors Facility Website must be accurate and kept up-to-date. This includes a correct name, address, telephone number and qualification/experience details. Details entered by the Tutor on the Swot Online Tutors Facility Website will be publicly visible and may appear in search engine results.
18. Use of the Swot Online Tutors Facility Website is entirely at a Tutor's own risk. A Tutor must exercise complete caution when using the Swot Online Tutors Facility Website and entering into any agreements to provide tutoring services to a Student.
19. A Tutor must not complete on behalf of the Student any coursework, essays, or other assignments.
20. A Tutor must not request any upfront fees. All fees are payable by the Student when a booking as made via the website payment system. No other payments ie direct payments, cash, cheque, BACS etc to the tutor is permitted.
Bookings Tutors - Additional Duties
21. A Booking Tutor must book all lesson given to a Student found on Swot Online Tutors Facility website using the Swot Online Tutors Facility Website.
22. A Booking Tutor must not make any agreement with either a Student or any member of the Student's family or the Student's guardian which is intended to circumvent the relationship between Swot Online Tutors Facility and the Student and to benefit the Booking Tutor at Swot Online Tutors Facility's expense.
23. A Booking Tutor must not, during the period of any tutorial engagement with a Student and for a period of 6 months from the conclusion of the tutorial engagement, give any tuition services to that Student.
24. A Booking Tutor must not accept any payments directly from a Student.
25. Swot Online Tutors Facility has the right to withhold payments to tutors where we believe lessons are being booked outside the Swot Online Tutors Facility website. This may include tutors who have a very small number of booked lessons per student we have referred to them.
26. A Booking Tutor must only make bookings for lessons in agreement with a Student.
27. If a Booking Tutor makes a booking for a lesson which a Booking Tutor fails to deliver to a standard expected by a Student, the Booking Tutor will be liable to refund the Student the entire Tutor Fee for the lesson.
28. A Booking Tutor must allow at least 15 minutes from the scheduled start time of a lesson for the Student to attend the lesson. If a Booking Tutor fails to do so, the Booking Tutor will be liable to refund the Student the entire Tutor Fee for the lesson.
29. A Booking Tutor may cancel a booking three hours before the scheduled start time of a lesson by informing the Student directly and cancelling the booking on the Swot Online Tutors Facility Website.
30. A Booking Tutor agrees to refund the Student if a Student cancels a booking more then 3 days ahead of the booking time.
31. A Booking Tutor may agree to reschedule a cancelled booking with a Student with no further payment due.
32. A Booking Tutor has 48 hours to inform Swot Online Tutors Facility of his intention to dispute a Complaint. Should a Booking Tutor not dispute a Complaint within 48 hours of being notified, the Lesson Fee will be refunded the Student and the Tutor Fee will not be paid to the Booking Tutor.
33. If the Complaint is disputed by a Booking Tutor, Swot Online Tutors Facility reserve the right to hold the payment until the dispute is resolved. If a Booking Tutor cannot provide sufficient evidence against a Student's claim, the Student will be refunded the entire Lesson Fee and the Booking Tutor will not be paid the Tutor fee.
34. Swot Online Tutors Facility will not be liable to the Booking Tutor for any loss of earnings resulting from any failed payment. Swot Online Tutors Facility reserves the right to pay a Booking Tutor, as a gesture of goodwill, an amount equal to the Tutor Fee for any Lessons for which there has been a Failed Payment. This right is entirely at the discretion of Swot Online Tutors Facility.
Student Duties
35. A Student who is under 18 years of age must have consent from a parent or a guardian to register and that parent or guardian must enter into any agreement with a Tutor to provide tuition services. It is the responsibility of that parent/guardian to check the credentials of the Tutor. Swot Online Tutors Facility is not responsible for any disputes regarding parental consent or any problems that a Student or a patent/guardian has experienced with a Tutor.
36. A Student, or where relevant their parent/guardian, is responsible for verifying the credentials, expertise, references, CRB checks and qualifications of any Tutor with whom he enters into or proposes to enter into a Contract. Swot Online Tutors Facility does not offer any guarantee that any information provided on the Swot Online Tutors Facility Website is accurate and correct.
37. A Student, or where relevant their parent/guardian, accepts that his Contract for tuition services is with the Tutor. Swot Online Tutors Facility is not a party to such a Contract and is not responsible for the performance of any obligations agreed or impliedly agreed through actions between the Tutor and Student.
38. A Student must contact a Tutor through the Swot Online Tutors Facility Website. Any other means of communication is prohibited.
39. A Student agrees not to use Swot Online Tutors Facility to advertise, promote or search for tuition services for their own company, nor may an agency acting for a company register to promote their services or opportunities. Tuition agencies wanting to promote their service on Swot Online Tutors Facility should contact us.
40. A Student cannot act as an agent to promote the services or opportunities of a company.
41. A Student must not publish any abusive comments about a Tutor or a Student on the Swot Online Tutors Facility Website or any other place. This include defamatory or derogatory comments.
42. Swot Online Tutors Facility is not responsible for examination entry; this is the sole responsibility of the Student.
43. A Student must pay at the time of the booking.
44. A Student must not request a tutor to complete coursework, essays, or other assignments for them.
45. To confirm the first lesson with a Booking Tutor, a Student must enter, or have already entered, valid payment details on Swot Online Tutors Facility Website.
46. When a Booking is made more than 24 hours in advance of the start time of the first lesson with a new Booking Tutor, a Student should receive booking details and contact from the tutor.
47. When a Booking is made within 24 hours of the start time of the first lesson with a new Booking Tutor, a Student should receive booking details and contact from the tutor. Students should contact the Tutor if no follow up received.
48. A Student agrees not to make any agreement or arrangement with a Booking Tutor which is intended to circumvent the relationship between Swot Online Tutors Facility and a Booking Tutor. Also, the Student agrees that during the period of any tutorial engagement and for the period of 6 months' from the conclusion of the tutorial engagement the Student will not book lessons directly with the Booking Tutor.
49. By confirming the first lesson with a Booking Tutor, the Student authorises the Booking Tutor and Swot Online Tutors Facility to make contact as required and send confirmation emails. Further bookings must be made and paid for by the Student using the Swot Online Tutors Facility website.
50. A Student authorises Swot Online Tutors Facility to charge his credit/debit card at the time of the booking.
51. When a Booking is confirmed, a Student enters directly into a contract with the Booking Tutor for the provision of lessons and Swot Online Tutors Facility accepts no liability in relation to the Booking Tutor's provision of lessons.
52. When a confirmed Booking exists, a Student must ensure that he has a valid debit/credit card when paying on Swot Online Tutors Facility Website, with sufficient funds to cover the Booking.
53. A Student must ensure that he has given enough information to the Booking Tutor, to allow the lesson to take place.
54. A Student must use his own judgement about the services of Booking Tutors detailed on the Website. Students are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Booking Tutor with whom they confirm a Booking.
55. A Student is responsible for checking that Bookings made by a Booking Tutor or Swot Online Tutors Facility on their behalf are done so correctly and understand they will be informed of these lessons by Swot Online Tutors Facility via email.
56. If a Student cancels a lesson less than 3 days before the lesson is due to commence, no refund is due. Ideally the lesson should be rebooked with the tutor.
57. If a lesson does not take place because a Student does not attend, or if the Student cancels the lesson with less than 3 days notice, the Student will be charged the full Lesson Fee and no refund is due.
58. A Student may cancel a lesson at any point before the scheduled start time of the lesson. Cancellations made more than 3 days before a lesson is due to commence will be offered a refund. Bookings cancelled by a Student less than 3 days before a Lesson is due to commence will be charged, alternatively the lesson can be rescheduled. It is at the sole discretion of Swot Online Tutors Facility Website that a Student will be barred from making booking if they continually cancel lessons
59. A Student must cancel a lesson by cancelling the relevant Lesson on the Swot Online Tutors Facility Website. Cancellations made outside Swot Online Tutors Facility Website may result in a full Lesson Fee being charged to the Student.
60. A Student should inform Swot Online Tutors Facility of a Complaint by either phone or email within 48 hours of the scheduled finish time of the relevant lesson. The Student will be charged the entire Lesson Lee and Swot Online Tutors Facility will hold the payment until the dispute is resolved.
61. In the case of a Failed Payment still being outstanding 48 hours after the scheduled end of the relevant lesson the Student authorises Swot Online Tutors Facility to automatically retry the charge.
62. If a Student has an outstanding Failed Payment for over 48 hours then all future lessons will be cancelled.
63. Swot Online Tutors Facility may continue to seek payment to cover Failed Payments from the Student for ninety days following the scheduled end of the relevant Lesson, by contacting the Student by email, SMS and Phone.
64. A Student accepts that Swot Online Tutors Facility reserves the right to pass bad debts for the entire lesson to third party debt collection service and acknowledge that their credit rating may be affected.
Member Duties
65. Members must not use the Swot Online Tutors Facility Website for illegal, unlawful or prohibited purposes. This includes sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or send viruses and worms.
66. Members must not impersonate any other person or entity or to use a false name or a name that they have no authority to use.
67. Members must not post material to the Swot Online Tutors Facility Website in which the copyright or intellectual property is or may be the property of another person or body.
68. Members agree to manage their Subscription charges (if any) using Swot Online Tutors Facility Website. If a member cancels their subscription, they will not receive a refund of any fees already paid.
69. Swot Online Tutors Facility reserve the right to accept or refuse subscriptions. Members must not transfer or assign their subscription or any other Plan to another account.
70. A member authorises Swot Online Tutors Facility to charge his credit/debit card for Subscription charges (if any) on the subscription renewal date.
Liability, Indemnity and other provisions
71. Swot Online Tutors Facility has no control over or responsibility for the truth or accuracy of any material available on the Swot Online Tutors Facility Website, whether provided by Members or others. Third party websites may appear on the Swot Online Tutors Facility Website. Swot Online Tutors Facility does not endorse or have any responsibility for the site in question or anything which appears on it.
72. Swot Online Tutors Facility is not and cannot be responsible for the behavior of Members, whether on the Swot Online Tutors Facility Website or outside of it. Swot Online Tutors Facility only provide a service for a Tutor and Student to be introduced. Swot Online Tutors Facility does not pre-screen or monitor the material contributed by Members.
73. Swot Online Tutors Facility is not liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a Member through the use of the Swot Online Tutors Facility Website including loss of data or information or any kind of financial or physical loss or damage.
74. Members agree to indemnify Swot Online Tutors Facility against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions or through use of the Swot Online Tutors Facility Website.
75. Swot Online Tutors Facility does not guarantee that a Tutor will be secured to meet the Student's needs.
76. Swot Online Tutors Facility is not responsible for any grade received by a Student or any consequence that examination grades entails.
Intellectual Property
77. The code, brand and intellectual property of the Swot Online Tutors Facility Website cannot be reused without Swot Online Tutors Facility's consent. All copyright, trade marks, and other intellectual property rights in and relating to the Swot Online Tutors Facility Website (including the material which is contributed by Members) are owned by Swot Online Tutors Facility. It is prohibited to copy, distribute, show in public or create any derivative work from the Swot Online Tutors Facility Website, or any of the material which is found on the Swot Online Tutors Facility Website without the consent of Swot Online Tutors Facility. Please see our Copyright Notice, which forms part of these Terms and Conditions.
78. By submitting any material to the content to the Swot Online Tutors Facility Website, you:
(a) are representing that you are fully entitled to do so;
(b) grant Swot Online Tutors Facility a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form and any place; and
(c) authorise Swot Online Tutors Facility to adapt the relevant material and you waive the right to be identified as the author of the material in question.
Miscellaneous provisions
79. Swot Online Tutors Facility reserves the right to withdraw or modify aspects of the Swot Online Tutors Facility Website, or the entirety of it.
80. Swot Online Tutors Facility reserves the right to suspend or terminate a Member's access to the Swot Online Tutors Facility Website, or parts of it. Swot Online Tutors Facility reserves the right to remove, or require the Member to remove, material posted on the Swot Online Tutors Facility Website. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Swot Online Tutors Facility Website without prior consent from Swot Online Tutors Facility.
81. The open-access nature of the Swot Online Tutors Facility Website means that Swot Online Tutors Facility cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under these Terms.
82. Swot Online Tutors Facility reserves the right to withdraw any material on the Swot Online Tutors Facility Website which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the Swot Online Tutors Facility Website into disrepute. Swot Online Tutors Facility does not generally monitor material which appears on the Swot Online Tutors Facility Website and Swot Online Tutors Facility is reliant upon Members to notify Swot Online Tutors Facility of anything Member's see here which appears likely to breach these Terms and Conditions.
83. Swot Online Tutors Facility may, at their sole discretion, vary the features of the Swot Online Tutors Facility Website and the Terms of use at anytime.
84. Swot Online Tutors Facility may restrict access to the Swot Online Tutors Facility Website for any period and if necessary permanently at the sole discretion of Swot Online Tutors Facility. Members shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction or for any inconvenience caused.
85. Swot Online Tutors Facility may monitor postings to the Swot Online Tutors Facility Website and communications through the Swot Online Tutors Facility Website and have the right to delete and/or block such postings or communications at their sole discretion.
86. Swot Online Tutors Facility give no guarantee that the Swot Online Tutors Facility Website is free of viruses worms or any other form of harmful components.
87. Any distance data supplied on the Swot Online Tutors Facility website is calculated using the latitude and longitude of the postcode if appliable. On occasions we only use part of the Postcode, so Swot Online Tutors Facility can not guarantee that the data supplied on distances between postcodes is accurate.
88. Swot Online Tutors Facility may contact its members by the details we have stored on their account, this could include by email and phone.
89. Swot Online Tutors Facility may use data for statistical analysis and may provide this to interested third parties.
90. Privacy Policy (which can be found on the Swot Online Tutors Facility terms page). Swot Online Tutors Facility's Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Swot Online Tutors Facility Website (including any which contain personal information) is, of course, accessible to internet users around the world.
91. Entire Terms and Conditions. These Terms and Conditions include Swot Online Tutors Facility's Privacy Policy and copyright notice. Non-Members do not have a right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.
92. Severability. In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable.
93. English Law and the jurisdiction of English Courts applies to these terms.
94.INTERPRETATION in these terms and conditions:
11 Plus Swot means 11 Plus Swot Ltd and any connected organisation that actually supplies goods ordered by you and any successor to its business; Registered Office: 11 Plus Swot Ltd, Winghams House 9 Freeport Office Village Century Drive, Braintree, United Kingdom, CM77 8YG Registration number: 07289935