TERMS OF SERVICE

The following Terms are our most up to date terms and replaces all Terms of Service documents you may have received in the past. Please read our policies carefully. If you require clarification on any part of our terms, please get in touch with us.

Terms of Service

Definitions
1. “Deen Tutors” is the company Deen Tutors Limited and is also referred to as “DT” “our” “we” “us”.
2. “you” “your” “yours” means “the client”. We view a client to be the person whom we originally speak to regarding tuition. A “client” can also be “the student” whom the tutor is expected to teach or teaches.
3. “introductory” means the initial connection between the client and the tutor.
4. “tuition” means any learning, teaching and advice given by the tutor to the student, parent or organisation.
5. “assignment” means the task allocated to the tutor, as requested by the client.
6. “families” mean anyone who requests a private tutor for anyone in their household. It also refers to individual persons or non-organisations.
7. “organisation” means any person who seeks private tuition on behalf of an organisation, such as a tuition centre, college or school.

A) Acceptance of Terms

By using our services, for example “requesting a tutor”, whether via phone, email, mobile, or face to face, the client accepts our Terms of Service in its entirety. The client recognises that a physical signature nor an explicit statement of acceptance of our terms is required, but the very act of showing interest to our services, using our services, communicating with the tutor(s) they have been introduced to, are in itself forms of acceptance to our Terms of Service. If a client is introduced to a tutor by the agency, and the client decides to not proceed with the tuition assignment, any future contact between the client and the tutor – for the purposes of tutoring – still binds the client to our Terms of Service. The client recognises that if they disagree with any part of the terms herein, they are not obligated to use our services, communicate with the tutor(s) introduced to them, or use this website.

B) Relationships

The parties
1. There are generally three parties. The agent (Deen Tutors), the client (the student, parent, family or organisation seeking private tuition) and the tutor (the one supplying the tutoring service).

The agent
2. Deen Tutors operates as an agent for the client and the tutor to help facilitate the process of tuition. By serving the needs of both the client and the tutor, we provide a viable platform for administering the tuition, from the introduction phase, to payments and cancellations.

Supply of services
3. Agency workers supply the private tuition services. They are independent private tutors whom had sought the assistance of Deen Tutors for receiving clientele. In exceptional circumstances, employees of DT may undertake private tuition on behalf of its clients.

Our services
4. Deen Tutors provides a platform for families and organisations to be introduced to private tutors, and vice versa. We provide a streamlined process that gives all parties access to each other’s services. We do this by ensuring all parties adhere to uniformed set of policies as commonly accepted within the private tuition sector and the teaching profession in the UK. We also administer payment between parties, so we collect payments from clients and pay tutors less our commission. Our service includes conducting reasonable checks on private tutors. Our tutors are independently contracted and are not employees of DT. Although we conduct our own reasonable checks, we encourage clients to conduct their own independent checks.

Tutors
5. Tutors who apply to become private tutors with Deen Tutors have signed agreements stipulating our policies for safety, professionalism and high quality tuition. The main documents are also retained, including officially recognised identification and Enhanced DBS Disclosures. These tutors are not employees of Deen Tutors, but independent private tutors. We expect all clients to take reasonable steps towards ensuring safety and high standards.

Our commission
6. Deen Tutors compensates itself by levying a commission per hour for each tuition assignment. This rate of commission varies at our discretion, and may range from £2.50 to £12.50 per hour of tuition. Agency commission is charged to the tutor and not the client. However, the client is liable to pay the full retail price of tuition, which includes the tutor’s gross hourly fee, our agency commission, as well as any costs agreed beforehand.

C) General Policy

Weekly tuition
1. To create your account with DT, we require the client’s full name, home address, email address, mobile number, as well as the client’s home telephone number. You agree to provide all these information, which are necessary to administer the tuition service. If a landline telephone number is not available, you agree to provide either the mobile or landline number of your next of kind, preferably someone in the same household.

2. To help tutors plan and maximise the learning potential of students, DT has a weekly tuition policy, which means a student may not have tuition session every fortnight. Nevertheless, DT may consider fortnightly or monthly tuition on a case by case basis without any liability to DT.

Group tuition
3. A tutor can only be expected to reasonably combine the tuition of siblings should the levels and ability be similar, otherwise tuition will be arranged separately. We reserve the right to deny our services should families unreasonably group students together.

Good relationship with tutors
4. You must maintain a healthy working relationship with our tutors and DT. Ensuring you can be easily contacted by a tutor and DT allows all parties to keep up to date with each other’s availability. DT advises that you and the tutor exchange mobile numbers so both parties can communicate using text messages as well as by calling.

Good behaviour
5. You should ensure the student is well behaved throughout the tuition session. If a student has Specials Needs, DT must be informed so that a suitable tutor can be arranged. You should provide parental or guardian supervision throughout the session if you think it may be required.

Disputes with tutors
6. In the unlikely event that disputes arise with the client and the tutor, regardless of cause or blame, DT will attempt to mediate between both the tutor and the client at the request of any party. Clients always have the option of replacing the tutor. A tutor understands that their role is to fulfil the wishes of the client, although their professional judgement in matters relating to teaching and learning is important, tutors understand that clients ultimately have the final say on tutoring strategies.

Punctuality
7. You must ensure the student is ready at the time of tuition. All tutors are expected to be punctual for their assignments, however, due to factors beyond the tutor’s control, the tutor may arrive late or early, so please ensure the student is available one hour before and after the agreed times for tuition. This does not apply for tuition centres or venues other than the client’s home where times may be fixed.

Being well prepared for lessons
8. You are to ensure the student is fully prepared during tuition sessions. This includes having the correct equipment and homework completed.

Communication between student and tutor
9. You are to supervise all communication between a tutor and students. A tutor may respond to emails and phone calls made to him/her by a student with the assumption that a prior permission had been sought and communication is being appropriately monitored by an authorised person.

Feedback to Clients
10. At the end of each session, the tutor may give a brief overview of what had been taught and a general opinion about progress, a guardian should therefore meet the tutor at the end of a tuition session.

Timesheet signing
11. At the end of each signing, you will be requested by the tutor to complete and sign a timesheet. This is to confirm that the tutor had arrived and supplied the tuition. We may contact you to confirm if a signing had been made as part of our own verification process. If you are unavailable to sign after a tuition session, the student may be an acceptable person to sign on your behalf. The timesheet is may act as evidence for tuition taking place, although it is not the absolute evidence; we rely on our tutors’ statements as the main confirmation.

12. At the end of the last session of each month, you are to take a photo of the signed and completed timesheet.

Taking shoes off
13. You are within your rights to ask a tutor to open their shoes as they enter your home.

Adult presence
14. DT requires there to be a suitable adult always present in the house throughout a tuition session. If DT is informed of times when a tutor had been left with a student without an appropriate adult present, DT reserves the right to cancel all tuition sessions.

Talking about payment
15. Matters relating to payment should be communicated with DT and not to the tutor. Clients are to pay DT and not the tutors directly. You are strictly prohibited from paying tutors directly. In exceptional circumstances, DT may request the tutor to contact the client on matters related to payment.

Gifts and presents
16. Although you are within your rights to send gifts and presents to tutors as positive friendly gestures, please maintain a level of professional etiquette.

Cancellations
17. It is your right to be taught by a tutor as it was arranged. All tutors are expected to inform clients of cancellations with a 48 hour notice period. If a tutor cancels without a 48 hour notice, you are entitled to a compensation of £10 for that missed session; this is deducted from the tutor’s pay. If there is an emergency, you should inform a tutor and DT immediately so appropriate measures can be taken. If the tutor already begins travelling to you and is then informed of the cancellations for the session the tutor intends to attend, either at your doorstep or whilst on their journey to you, the tutor will be entitled to receive the full amounts due as if they had serviced the tuition assignment. You will not have the right to have that session rearranged for a later date. Our full cancellation policy is found separately here: http://www.deentutors.com/answers/cancellations/

Unapproved tutoring sessions
18. You are prohibited from arranging tutoring sessions outside of DT’s knowledge and administration. Doing so will be a serious breach of our terms. We reserve the right to prosecute and claim damages from individuals who arrange tutoring sessions with tutors whom DT represented as an agent. We reserve the right to use the tutor as witness for possible prosecutions, as well as any forms of communications between DT and our tutors to prosecute you. We also reserve the right to seek legal injunctions between you and our tutors from further contacting each other for tutoring purposes.

Keeping everyone informed
19. You must keep the tutor informed about your matters relating to availability that may affect the tuition session.

Changing tutors
20. If you are not satisfied with the tutor we have provided and wish to change the tutor, you must request for a replacement by writing, either by email, text or WhatsApp. As a commitment to our service quality, we do not charge for replacing tutors. However, whilst we appreciate your right to having a tutor you are comfortable with, repeatedly seeking to change tutors without reasonable cause may result in a Tutor Replacement Fee of up to £60.

Commencing tuition
21. DT may authorise a tutor to begin tuition with you after the first 1, 2 or 4-week advance instalment has been fully received by us in our bank. DT may also use its discretion when allowing the commencement of tuition, even if the first payment towards the normal cost of tuition has not be made.

Recommending our tutors
22. Any recommendation you make to friends, families or colleagues about any of our tutors must be through DT’s knowledge and administration. You are not allowed to pass the private contact details of our tutors to anyone for the purposes of seeking to arrange tuition outside of DT’s administration and knowledge.

No promises made
23. The success of a student depends on numerous factors. Whilst we will actively work with you within reason to maximise a student’s academic potential and success in exams, DT will not make any promises to guarantee to improve student’s academic potential or success in exams and so DT will not be held liable for any potential failings of a student.

Improprieties of tutors
24. DT takes reasonable effort to ensure tutors we introduce are professional and competent in fulfilling needs of our clients at a reasonable level. We further make sure tutors provide a clean “Enhanced Disclosure and Barring Service” disclosure in original. DT does not expect tutors to provide references, but a formal reference may be requested by a client prior to the tutor starting a tuition. With all these checks, tutors remain independent and liable to themselves and UK Law. DT bears no responsibility for any actions that may go beyond the industry standards of professionalism that is expected from tutors. Our agency’s role is only to connect tutors with learners, and provide a reasonable administration for the tuition, including facilitating payment. DT does not supply the tuition. Tutors whom we introduce are not employees of DT. Any misdemeanour, poor etiquette, display of character which may seem questionable are purely the responsibility of tutors themselves, and DT will not be liable for them in any circumstance. Should DT be made aware of behaviour the client deems questionable, we will take reasonable action(s) against them, which may include disciplinary measures, and ultimately the suspension of our relationship with the tutor. We do not give, nor claim to give, any guarantees to a tutor’s character, credibility, integrity, and knowledge of the subjects they claim to possess. You understand that DT will not be held responsible or liable for any actions committed by the tutor which may be against the law in the UK.

Refusing services
25. DT reserves the right to refuse its services to a client or potential client without reason or liability to DT. Your statutory rights are not affected. We further reserve the right to stop our services to any client should we believe it is reasonable to do so and is justified without any liability to DT. These may include, but not limited to, late payment for tuition, unreasonable cancellations, poor timekeeping with tutors, lack of respect shown to tutors and DT, lack of communication with tutors and DT.

D) Payment Policy

Monthly payment
1. Payment is made within 7 days after receiving via email our invoice, which is normally sent at the start of each calendar month, and includes the tutoring received in the previous month, including any potential arrears, charges or other costs. Payments beyond 7 days may incur a late penalty charge of £5 per day until the account is cleared in full. Failure to pay may result in further action being taken.

The client is responsible for payment
2. The client is the person that had originally contacted DT for the tuition, and is legally responsible for all matter relating to payment. It is that client that we will contact in matters relating to payment. If the person that had initially contacted DT is under the age of 18, their legal guardian will bear the legal responsibility of compensating the agency. Whilst a client may choose to have a different person (whom DT or the tutor(s) had little correspondence) with payment related matters, should there arise payment disputes, it is the client – not necessarily the person(s) whose account the monies had debited from – who is responsible.

Tuition Arrangement Deposit
3. DT reserves the right to charge a Tuition Arrangement Deposit as and when it sees it necessary. In order to facilitate the arrangement of a tutor with your specific tuition requirements, DT may charge a deposit of £40. Tuition Arrangement Deposits are usually an additional charge on top of your normal payment schedule. Your first payment will normally reduce according to the cost of tuition. The deposit normally covers for the cost of contacting, briefing and negotiating with tutors, as well as keeping you informed about the tuition arrangement as they develop. The Tuition Arrangement Deposit is non-refundable since it covers the cost of arranging the tuition. You are under no obligation to continue with DT’s services upon receiving the Clients Requirements document (invoice). If you choose to not seek our services upon paying the Tuition Arrangement Deposit and upon receiving the invoice, you will not be entitled to a refund of the Tuition Arrangement Deposit. Whilst the Tuition Arrangement Deposit is non-refundable, if we are unable to find a tutor who meets your requirements, we will this amount in full.

Temporary pause on tuition
4. DT reserves the right to temporarily suspend the tutoring whilst any outstanding amounts in your account are cleared.

Ending payments
5. For clients paying via Standing Orders, it is the sole responsibility of the client to ensure Standing Orders are cancelled at the time of ending any tuition with DT. Once DT is notified of a permanent cancellation by the client, DT expects the client to contact their bank and cancel any existing Standing Orders immediately. We do not monitor every payment credited to our bank account, therefore we cannot be held responsible for any payments made in error by the client. Continued payments made to DT will be viewed as an explicit desire by the client to receive services from DT, whether the client takes advantage of it or not.

Storing your details
7. We do not store credit card details nor do we share customer details with any 3rd parties.

Arranging tuition
6. DT will reasonably attempt to introduce a tutor according to the given criteria and inform the client of the developments within a reasonable time period. Please allow a maximum of 5 working days to arrange tuition. In the unlikely event that we are unable to arrange tuition according to a criteria, for example, we were unable to introduce a suitable tutor, we will inform the client. If a Tuition Arrangement Deposit was paid, this will be refunded.

Tutor replacement
8. If a tutor is allocated to you whom DT deems to be suitable and you then decide after the first session (or first few sessions) that this tutor is unsuitable for your needs, even after attempts of reconciliation by DT, you will be entitled to receive a replacement tutor free of charge. Should you decide to not seek a replacement tutor and demand an end to tuition completely, you will be liable to pay for any tuition already taken. The cost of these sessions may be paid from the Tuition Arrangement Deposit if the deposit was paid, or from payments already made by you. Any refunds will take into account the tuition already taken.

Standing Orders
9. DT’s primary payment method is to invoice clients at the start of each month for the tuition that had taken place in the previous month. In some cases, we may authorise the client to set up a Standing Order. In such circumstances, payments must be arranged with your bank according to the payment plan discussed with DT.

Notice period
10. The client must give DT and the client a minimum of one week’s notice before permanently terminating tuition engagements. This must be in writing, whether via email, text or WhatsApp message.

Administration Fee
11. In some circumstances, DT may charge an administration fee.

Non-payment
12. If there are any monies outstanding in your account, we reserve the right to contact you regarding the outstanding amounts using a variety of methods, including, but not limited to, your mobile phone (via texts, WhatsApp messages), leaving voice messages, calling on your home or work telephone, sending letters to your home, as well as contacting relatives or neighbours who may be in a position to reach out to you. In exceptional cases, we may conduct home visits to discuss a way forward.

13. If there are any monies outstanding in your account, and should initial attempts at contacting you fail, we will send you an official letter via post or email seeking payment from you within 30 days. The letter may also enclose a copy of your invoice and timesheets which you, or an authorised person, may have signed. If we do not hear from you within 30 days, we will pursue the matter via the small claims court, which may likely increase the overall amount owed.

14. DT may choose to offer additional time to clients for the recovery of outstanding amounts. The clients whom this is offered and the length of time afforded will be at DT’s discretion without liability.

Consent for invoicing
15. For the purpose of administrating the tutoring service, tutors have given the agency explicit consent for for DT to invoice clients on tutors’ behalf. VAT that may be incurred is chargeable on the commission a tutor pays the agency, unless a tutor earns over the legal threshold, in which case the VAT will be included in the invoice. Whilst the invoice will have DT’s branding, clients understand that the invoice is sent on behalf of tutors. In most cases, and for the purpose of efficiency, DT compensates tutors from its own funds prior to recovering monies from the client. This does not absolve the client from its legal responsibility of paying for the services.

E) Timesheets

Its purpose
1. A purpose of our timesheets is to record tutoring sessions. It also is used to help administer the payment of tutors and the invoicing of clients. It is primarily an internal document used by the agency to administer the tutoring service.

Not signed
2. If a client does not sign a section of the timesheet, this does not mean we are unable to invoice a client for those tuition sessions, nor does it mean a tutor is not able to get paid for that session. A tutor is able to indicate that a tutoring session took place, and the agency can use this as sufficient evidence of a tuition taking place by way of trust. If a tutor makes a mistake or records sessions incorrectly, we will resolve the dispute at the later date, which may mean amending the invoice, or refunding the client.

F) Changing our terms

1. This Terms of Services replaces all other Terms of Service documents. The online version of our terms is our most up to date version. Deen Tutors reserves the right to alter its terms and policies at any time.

If you require clarification on any of the above terms, please get in touch with us. We have tried to ensure our terms are fair to all parties involved with consideration given to the nature of the tuition industry.