Tutor Terms of Agreement
These terms and conditions, herein referred to as the “Tutriq Terms” set out the terms and conditions under which Tutriq Limited, herein referred to as “Tutriq” or “We” grants to the Tutor, a licence to access and use Tutriq’s virtual online platform at learn.tutriq.com (the “Site”) which is dedicated to facilitating the delivery of Your Tutoring Services direct to Your Clients (the “Agreement”).
1.1 These Tutor Terms apply to Your use of the Site and the Tutriq Services.
By using the Site and the Tutriq Services, You accept these Tutor Terms in full. Tutriq reserves the right to change the terms of these Tutor Terms (or any part) at any time, by giving You not less than 14 days’ written notice of such changes. We will let you know if we make any such changes, and you can let us know within the 14 day notice period if you do not wish to accept the revised terms and prefer to end this Agreement with Tutriq. If you continue to provide Tutoring Services through the Site during this notice period, we are entitled to assume that you have accepted any changes.
1.2 Read these terms carefully and ensure that You understand their effect before proceeding to use the Site and Tutriq Services. If You disagree with any part of the Tutor Terms, do not use the Site or the Tutriq Services.
2.1 At our discretion, we may authorise you to use the Site and the Tutriq Services to deliver the Tutoring Services.
You agree that these Tutor Terms apply to that use in full.
2.2 You will keep Your password relevant to the Site and the Tutoring Services confidential and not reveal it to anyone else.
You are responsible for all activities that are carried out under Your username and password which shall represent Your Tutriq Login. We will not be liable where Your username and/or password are used by someone else. You agree to notify Tutriq immediately by email of any unauthorised use of Your Account of which You become aware.
2.3 Where terminated, Tutriq shall deactivate Your Tutriq Login and Account promptly.
Tutriq reserves the right to terminate the Tutriq Services and access to the Site after a three month long continuous period of inactivity by You, which means that You will no longer be permitted to use the Site to deliver Tutoring Services to Clients. You will not be permitted to re-access the Site and the Tutriq Services without Tutriq’s express written permission.
2.4 When you apply as a tutor we ask for verification of qualifications, recent photo and a valid ID card and any background checks (if applicable).
3.1 When You make use of the Site and the Tutriq Services You must comply with our reasonable directions, including those relating to the protection of Students’ safety as amended from time to time and in accordance with these Tutor Terms. Such directions are in place to protect the safety Clients and Students.
3.2 Use of the Site is entirely at Your own risk and You must exercise complete caution at all times when dealing with Clients and when entering into legally enforceable Client Contracts to provide Tutoring Services to a Client.
3.3 You further and specifically agree to:
a. authorise Tutriq to act as your agent to agree the Client Contract on your behalf and collect Tutor Fees;
b. provide Tutriq with Your Current Account details which must be held in the Tutor’s name;
c. assume all responsibility for Your role as Tutor and for the provision of Tutoring Services to the Client which includes the preparation and content of lessons;
d. advise Tutriq at the earliest opportunity should Your circumstances change in relation to Your access to the Computer and Teaching Equipment;
e. obtain, use and maintain in good working order Your Computer and Teaching Equipment;
f. Any problem concerning a technical issue regarding a Tutor’s personal computer or internet service provider is not the responsibility of Tutriq. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;
g. act at all times in accordance with the highest professional standards and not act in any way which could bring Tutriq into disrepute;
h. only accept instructions and Tutorials within Your area of expertise, and that are within your abilities and competency;
i. notify the Client immediately should You become ill or otherwise incapable and unable to provide the Tutoring Services;
j. notify Tutriq of what You propose to agree between You and the Client regarding the delay or reassignment of those Tutoring Services to another Tutor;
k. ensure that any information provided by You to Tutriq and a Client remains true, accurate, up-to-date and complete at all times during the duration of this Agreement.
4.1 In consideration of the Tutriq Payments, Tutriq agrees to:
a. provide the Tutriq Services with all due care, skill and ability and in a timely manner and in the best interests of the Client and the Tutor;
c. provide promptly and give to the Tutor all such information as they may reasonably require in connection with the provision of the Tutriq Services.
d. as an online service, Tutriq may periodically be unavailable as We perform regular (and emergency) maintenance and upgrades. Where reasonably possible, these activities shall be notified to You in advance. Tutriq makes no warranty, guarantee or representation as to, and accepts no liability for, the availability or suitability of the Site and/or the Tutriq Services.
e. You are responsible for checking the Computer and Teaching Equipment work with the Site and Tutriq Services, and the particular Client during the free meeting, and for fixing any problems with the Computer and Teaching Equipment where necessary.
f. In exceptional cases, there may be other reasons relating to incompatibility or otherwise as to why You may be unable to successfully access the Services.
g. Tutriq uses all reasonable endeavours to make the Tutriq Services and Site available to all Tutors on an “as is” basis.
h. Tutriq shall not be responsible nor liable to You as a result of any act or omission on Your part relating to Your inability to access the Services in whole or in part including but not limited to:
– resultant feedback (echos), audio break-ups, video or sound delays;
– Your failure to use and configure the prescribed headset and microphone;
– Your failure to at least meet the minimum system requirements of the Computer and Teaching Equipment.
l. You acknowledge and accept that from time to time You may experience entire or partial failure of Your video during the delivery of the Tutoring Services due to fluctuations or insufficient bandwidth relating to your own internet provider, and under such circumstances, You agree that the Tutoring Service shall continue without video and confirm that this is acceptable to You in all circumstances.
5.1 Tutriq and the Tutor will agree the amount of Tutor Fees applicable per Tutorial in advance, via the Site, and the amount of Tutriq Payments which will be retained by Tutriq against Tutriq Credits purchased by Clients.
5.2 Tutor authorises Tutriq as its agents to accept any forms of payment approved by Tutriq in connection with the provision of the Tutoring Services via the Site including Mastercard, Visa and Maestro debit cards on the Tutor’s behalf.
5.3 Tutriq holds all Tutor Fees (which will be based on the number of undisputed and completed Tutoring Services) for the Tutor in a dedicated Tutor Bank Account for a limited time and is entitled to retain the full amount of Tutriq Payments it charges to Tutor in consideration for the Tutriq Services provided prior to releasing the Tutor Fees to Tutor.
5.4 All costs relating to lessons and Tutriq Payments are reviewable by tutors and Tutriq and any revised fees and charges shall take effect immediately upon posting on the Site and will be applicable to all bookings made after such posting.
5.5 You confirm that You are self-employed under these Tutor Terms, and You are directly responsible for all matters regarding Income Tax, VAT and relevant National Insurance contributions. You agree that nothing in these Tutor Terms constitutes a contract of employment between You and Tutriq. You shall be fully responsible for and indemnify Tutriq against any liability, assessment or claim for any employment-related claim or any claim based on worker status brought by you relating to Your Tutoring Services. This indemnity shall include all expenses and costs, including legal fees, incurred by Tutriq in dealing with any such claim brought by You or by somebody on Your behalf.
5.6 You will keep records of payments made to You by way of Tutor Fees for completion of annual Tax Returns.
You hereby agree to fully indemnify Tutriq for or against all and any demands to Tutriq for Income Tax, VAT or National Insurance, or any other claim, including any interest or penalties, arising out of Your failure to account properly or at all for any tax liabilities arising from Your Tutoring Services. This indemnity shall include all expenses and costs, including legal fees, incurred by Tutriq in dealing with any such claim.
6.1 Tutriq shall pay to Tutor the Tutor Fees collected by Tutriq. We shall provide a self- remittance invoice to You for Tutoring Services every two weeks setting out the hours that you have worked for us, as recorded by You, during the preceding month.
6.2 In response to a Dispute, if any Refund Event occurs, Tutriq will be entitled, in its sole discretion to refund Tutriq Credits to the Client on behalf of the Tutor in full or in part. In such circumstances, the Tutor will receive either no Tutor Fees or only part of the Tutor Fees as agreed by Tutriq and the Client, in respect of the relevant Tutorial.
6.3 If any Refund Event occurs subsequent to the Tutor receiving the Tutor Fees from Tutriq, Tutriq shall be entitled to withhold sufficient monies and offset any amounts payable to Tutor by Tutriq under this Agreement from any Tutor Fees collected by Tutriq thereafter to enable Tutriq to refund the relevant refunded Tutor Fees.
6.4 The Tutor shall be responsible for all chargebacks and/or refund requests on lessons performed and shall indemnify Tutriq against all Losses resulting from chargebacks and/or refund requests.
6.5 Tutor authorises Tutriq to self-bill for all the Tutriq Services.
6.6 Tutriq shall be entitled to make any settlement payment to the Current Account of the Tutor (or to such other bank account as the parties agree in writing).
7.1 When using the Tutriq Services to deliver the Tutoring Services, if You publish any Content via the Site by way of e.g. delivering lessons, uploading text or images or videos or contributing to publicly accessible areas of the Site, You automatically grant:
a. to Tutriq, a worldwide, non-exclusive, royalty-free, perpetual, transferable license (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that Content, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the Tutriq Services, including without limitation the reproduction and sale of the Content, or any part of it, and products incorporating the same for use by any person anywhere in the world including promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels;
b. to each user of the Services whether registered as a Tutor or Client or not, a worldwide, non-exclusive, perpetual, royalty-free license to access Your Content through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Services and under the terms of this Agreement.
7.2 Publicly accessible areas of the Site are intended by Tutriq to be those parts of the Site that are available to all of those visiting the Site whether registered on the Site or not. You acknowledge that the Content uploaded by You to create Your Tutor profile shall be viewable by all users of the Site and be accessible via the worldwide web search engines.
7.3 You acknowledge that all Tutorials that You deliver may be recorded and You agree to the storage and use of such Recordings by Tutriq. You hereby agree to waive any and all rights in and to all Content.
7.4 You agree that any Content You use in the performance of Your Tutoring Services will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal agreement or permission from the rightful owner, or are otherwise legally entitled to use the Content in question and to grant the licenses referred to in clause 7.1.a and 7.1.b.
7.5 All Intellectual Property Rights in all Materials produced by You pursuant to using the Services shall be Your property.
For the avoidance of doubt, this clause shall not cover any content communicated, posted or otherwise transmitted to the Site by any third party, including without limitation any material, communication, information or ideas so communicated, posted or otherwise transmitted by any Students or Tutors.
7.6 You shall indemnify Tutriq against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Tutriq arising out of or in connection with any claim made against Tutriq for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with an claim by any third party including a Client that the Tutoring Services or Content provided by You infringe its rights.
7.7 If any third party makes a claim, or notifies an intention to make a claim, against Tutriq which may reasonably be considered likely to give rise to a liability under this indemnity (a Claim), Tutriq shall:
a. as soon as reasonably practicable, give written notice of the Claim to You, specifying the nature of the Claim in reasonable detail;
b. not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of You (such consent not to be unreasonably conditioned, withheld or delayed) , provided that Tutriq may settle the Claim (after giving prior written notice of the terms of settlement (to the extent legally possible) to You, but without obtaining Your consent) if Tutriq reasonably believes that failure to settle the Claim would be prejudicial to it in any material respect;
c. give You and Your professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within the power or control of Tutriq, so as to enable You and Your professional advisers to examine them and to take copies (at Your expense) for the purpose of assessing the Claim; and
d. You shall give Tutriq sole authority to avoid, dispute, compromise or defend the Claim.
e. If a payment due from You under this clause is subject to tax (whether by way of direct assessment or withholding at its source), Tutriq shall be entitled to receive from You such amounts as shall ensure that the net receipt, after tax, to Tutriq in respect of the payment is the same as it would have been were the payment not subject to tax.
f. The Intellectual Property Rights contained on the Site or in the Tutriq Services cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without Tutriq’s written permission.
g. You acknowledge that all Intellectual Property Rights in and relating to Tutriq Services and the Site are owned by Tutriq or Tutriq’s Licensors.
8.1 Where the You and the Client agree to cancel the Tutoring Services pursuant to the Client Contract, Tutriq shall repay the Tutriq Credits to the Client’s Tutriq Wallet agreed in the Client Contract.
8.2 If You don’t attend an arranged lesson without having cancelled it, or if you repeatedly cancel Tutorials, We may end this Agreement between You and Tutriq under clause 11.
Tutriq will record details of all such cancellations by You on its records for a period of twelve (12) months.
8.3 All cancellations by You must be made in writing in advance, directly via the Site and to the Client, in accordance with the Client Contract.
9.1 It is a feature of the Site and the Tutriq Services that the Client will leave Client Ratings.
9.2 Where deemed necessary, Tutriq is entitled to carry out an investigation upon receipt of negative Client Ratings (rating of 1, 2 or 3 out of 5) or where a Tutor or a Client reports or raises any feedback, issues or concerns that they might have with the other at any time.
9.3 Whether such feedback is complimentary or more akin to a Dispute, Tutriq will have full discretion as to whether they inform the other of such feedback. Where deemed necessary, Tutriq is entitled to carry out an investigation upon receipt of such feedback or comments and in exceptional cases, Tutriq is entitled to suspend or terminate Your Account or revoke the licence granted to the Tutor herein to use the Site and the Tutriq Services by termination under clause 11.
9.4 Nothing in this Agreement shall prevent the Tutor from being engaged, concerned or from having any financial interest in any capacity in any other business, trade, profession or occupation during the Term of Engagement provided that such activity does not cause a breach of any of the Tutor’s obligations under this Agreement.
10.1 In respect of any Personal Data as defined in the Data Protection Legislation processed by Tutriq and Tutor pursuant to these Tutor Terms, both parties warrant that they shall comply and will continue to comply with the Data Protection Legislation and any regulations made thereunder.
10.3 Use of the Site is entirely at a Tutor’s own risk and You must exercise complete caution at all times when dealing with Clients and when entering into legally enforceable Contracts to provide Tutoring Services to a Client.
11.1 These Tutor Terms shall commence on the date you sign up to the Site and shall continue unless terminated by Tutriq pursuant to clause 11.2.
11.2 Tutriq may suspend this Agreement and Your access to the Site and the Tutriq Services immediately by serving written notice on or if:
a. any information provided by You is found to be untrue, inaccurate, out-of-date, or incomplete;
b. Your rating by Clients is deemed by Tutriq (acting reasonably) to be unsatisfactory;
c. You act in any way that has brought, or could bring, Tutriq in to disrepute;
d. You are convicted of a criminal offence or are the subject of any investigation, which may in Tutriq’s opinion impact Student safety;
e. You are in material breach of this Agreement;
f. You do not use the Site or Tutriq Service for a three (3) month long continuous period of inactivity.
11.3 If we suspend Your use of the Site under clause 12.2 above, we will include in our notice of suspension to you the full details of the reason for such suspension in writing.
You may contact us to discuss any of the issues raised in such notice by the methods set out on the Site.
11.4 Without prejudice to clauses 11.2 or 11.3 Tutriq may terminate this Agreement by giving You 30 days written notice if:a. You commit a material breach of any term of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
a. You by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation; or
b. You do not use the Site or Tutriq Service for a three (3) month long continuous period of inactivity, after we have served you written notice as set out above.
11.5 You have repeatedly breached any of the terms of this Agreement, we may immediately terminate this Agreement with you by serving written notice.
11.6 Either Party may terminate this Agreement for convenience without compensation by 30 days Written Notice on the other.
11.7 In the event of termination, You will be entitled to receive payment of Tutor Fees for all Tutoring Services already successfully delivered and which are not the subject of a Dispute as at the date of termination.
11.8 Termination or expiry of this Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
11.9 If we suspend this or terminate this Agreement with you, Tutriq may deactivate Your Tutriq Login and Account promptly.
12.1 As Tutor, You hereby warrant, represent and undertake to Tutriq that:
a. You are at least eighteen (18) years of age and You have the necessary qualification or experience to provide the Tutoring Services in the subject(s) You offer in Your profile on the Site;
b. You are personally responsible for the information posted by You on the Site and submitted to Tutriq which includes any pre contractual information, and which shall be accurate and up-to-date;
c. You are self-employed and responsible for Your own income tax, national insurance and other liabilities payable and as further referred to in clause 6;
d. You are wholly responsible for the appropriateness and the content of any Content used and/ or submitted by You during Your Term of Engagement;
e. You will comply with all the Tutor obligations set out at clause 3;
f. You will only ever contact a Client via the Site;
g. You agree at all times to comply with the provisions of the Data Protection Legislation;
h. in providing or offering Your Tutoring Services via the Site and using the Tutriq Services, You are complying with all applicable laws, regulations and codes of practice including, but not limited to, relevant legislation for the protection of businesses and consumers alike and which regulate the activities of the online environment;
k. You have read, understood and familiarised yourself with our Safeguarding Policies and Procedures which can be accessed here in respect of child protection and online safety, and will fully comply with the same at all times;
12.2 You shall indemnify and hold harmless Tutriq (and any Tutriq Client as the case may be) on demand, and shall keep Tutriq (and any Tutriq Client) fully and effectively indemnified against any and all Losses arising out of or in connection with:
a. any breach of these Tutor Terms or breach of obligation or warranty by the Tutor or the acts or omissions of a Tutor (other than and to the extent that any losses arise directly from breach of these Tutor Terms by Tutriq or by Tutriq’s negligence); and
b. any and all claims, complaints or legal proceedings instigated by a Client against Tutriq relating to the Tutoring Services.
13.1 You agree that subject to clause 13.3 and 13.4, We shall in no circumstances be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the Tutriq Services.
13.2 Our liability to You whether in contract, tort or otherwise shall in no circumstances exceed the total Tutriq Payments earned by Tutriq in respect of Tutoring Services provided by You using the Tutriq Service and Site in the twelve (12) months preceding the date on which such liability arose.
13.3 Nothing in the agreement limits any liability which cannot legally be limited, including but not limited to liability for:
a. death or personal injury caused by negligence;
b. fraud or fraudulent misrepresentation;
13.4 Except as expressly set out in this Agreement, Tutriq gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.
14.1 Negative feedback (rating of 1, 2 or 3 out of 5) reported to Tutriq by Clients via the Site may be investigated.
14.2 The parties agree that they shall attempt in good faith to resolve any Dispute or claim promptly through negotiations between You and an officer of Tutriq. Tutriq will use all reasonable endeavours to provide a written response via email to any issue raised by a Client or a Tutor via the Site within fourteen (14) days. Tutriq reserves the right to inform a Tutor or a Client respectively of any Dispute raised against them and to provide them with a copy of any response provided by Tutriq.
14.3 During the Term of Engagement, You must inform Tutriq immediately if You become aware of any Dispute or potential Dispute between a Client and You and/ or Tutriq in connection with the provision of the Tutoring Services.
14.4 You agree to cooperate fully with Tutriq in resolving any Dispute with a Client.
14.5 Tutriq reserves the right to suspend Your Account in accordance with clause 11.1 while an investigation is conducted.
14.6 Your Account may be reactivated once an investigation has been completed.
14.7 In the event of a Dispute prior to receipt of Tutor Fees, Tutriq reserve the right to withhold Tutor Fees in accordance with clause 5.3 until the Dispute has been resolved.
14.8 The outcome of any Dispute instigated by a Client is entirely at the discretion of Tutriq (acting reasonably).
15.1 Assignment: You shall not, without the prior written consent of Tutriq, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Tutor Terms.
Tutriq may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Tutor Terms.
15.2 Enforceability: If any one or more of the provisions of these Tutor Terms should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired and the parties shall amend these Tutor Terms to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.
Each of the parties acknowledge and agree that in entering into the terms of this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement other than as expressly set out in this Agreement.
15.4 Status: The Tutor and Tutriq are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created and neither shall have any authority to bind the other in any way.
This Agreement constitutes a contract for the provision of services and not a contract of employment and accordingly the Tutor shall be fully responsible for any income tax, national insurance and social security contributions.
15.5 Tutriq keep our Terms under regular review.
These Tutor terms were last updated in July 2021.