Terms and Conditions for the Provision of
Private Tuition

1. DEFINITIONS
1.1. In these Terms of Business the following definitions apply:

“Assignment” 
means the period during which the Tutor is supplied to render services to the Client.
“Tutor” 
means the individual whose services are supplied by Craker Tutoring  to the Client.
“Client” 
means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to whom the Tutor is introduced.
“Booking” 
means following the Client’s instruction to Craker Tutoring to search for a Tutor.
“Engagement” 
means any employment or use of the Tutor on a permanent or temporary basis for services or any other engagement.
“Introduction” 
means (i) the Client’s meeting with a Tutor in person, following the Client’s instruction to Craker Tutoring  to search for a Tutor; or (ii) the passing to the Client of a curriculum vitae or other information which identifies the Tutor; and which leads to an Engagement of that Tutor by the Client.
“Initial Meeting” 
means the first time a tutor has a phone/video meeting with parent/guardian to undertake a discussion of the course of tuition. This does not constitute an hour of tuition.

1.2.  Unless the context requires otherwise, references to the singular include the plural and references to the masculine include the feminine and vice versa.

1.3. The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.

2. THE CONTRACT
2.1. These Terms of Business constitute the contract between Craker Tutoring  and the Client for the supply of the services  of tuition, or the provision of  educational guidance.

2.2. Unless otherwise agreed in writing by a director of Craker Tutoring , these Terms of Business shall prevail over any other terms of business or purchase conditions put forward by the Client.

2.3. No variation or alteration of these Terms of Business shall be valid unless approved in writing by a director of Craker Tutoring .

3. SUITABILITY AND REFERENCES
3.1. Craker Tutoring endeavours to ensure the suitability of any Tutor supplied to the Client by only supplying Tutors who have been selected through interview and by taking up references.

4. FEES
4.1. The current hourly fee is £30 each tutoring session of up to one hour. If 1-1 is requested it will be £45 an hour.

4.2. Craker Tutoring Tutors may change the booking fees at any time but only after notifying the Client of the proposed change.

4.3. Payments are due prior to tuition taking.  If payment has not been received Craker Tutoring  reserves the right to withdraw their tutor.

5. CANCELLATION FEES 

A) FOR PRIVATE TUITION
5.1. If the booking is cancelled with at least 24 hours notice there will be no charges applicable for the Tutor.

5.2. If the Client cancels with less than 24 hours notice, the Client must pay Craker Tutoring  the hourly fee for the tutoring session, from which Craker Tutoring Tutors must pay the Tutor.

6. CONDITIONS
6.1 The Client undertakes to make all bookings with Tutors exclusively through Craker Tutoring.

6.2 The Client undertakes to respect the Tutor’s right to privacy and agrees not to ask any Tutor for a phone number or contact address other than through Craker Tutoring .

6.3 Craker Tutoring  may decline at any time to arrange an Assignment if the Client does not observe any of these Conditions or at its discretion.

7. LIABILITY
7.1 Whilst every effort is made by Craker Tutoring  to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Tutors and further to provide them in accordance with the Client’s booking details, Craker Tutoring  is not liable for any loss, expense, damage or delay arising from any failure to provide any Tutor for all or part of the period of booking or from the negligence, dishonesty, misconduct, accidental damage to property during the assignment or lack of skill of the Tutor.  For the avoidance of doubt, Craker Tutoring does not exclude liability for death or personal injury arising from its own negligence.

7.2 Tutors are engaged by Craker Tutoring  under contracts for services and are deemed to be under the supervision, direction and control of the Client from the time they report to take up duties and for the duration of the Assignment.  The Client agrees to be responsible for all acts, errors or omissions of the Tutor, whether wilful, negligent or otherwise as though he was on the payroll of the Client.   The Client will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act etc, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff, including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Tutor during all Assignments.

7.3 The Client shall advise Craker Tutoring Tutors of any special health and safety matters about which Craker Tutoring  is required to inform the Tutor.  The Client will assist Craker Tutoring  in complying with Craker Tutoring duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by Craker Tutoring  and the Client will not do anything to cause Craker Tutoring Tutors to be in breach of its obligations under these Regulations.  Where the Client requires or may require the services of a Tutor for more than 48 hours in any week, the Client must notify Craker Tutoring  of this requirement before the commencement of that week.

7.4 The Client shall indemnify and keep indemnified Craker Tutoring  against any costs, claims or liabilities incurred by Craker Tutoring  arising out of any Assignment or arising out of any non-compliance with clause 8.2 and 8.2 and/or as a result of any breach of these Terms by the Client.

8. TERMINATION
8.1 The Client undertakes to supervise the Tutor sufficiently to ensure the Client’s satisfaction with the Tutor’s standards of workmanship.  If the Client reasonably considers that the services of the Tutor are unsatisfactory, the Client may terminate the Assignment either by instructing the Tutor to leave the Assignment immediately, or by directing Craker Tutoring  to remove the Tutor. Craker Tutoring may in such circumstances reduce or cancel the charges for the time worked by that Tutor, provided that notification of the unsuitability of the Worker is confirmed in writing to Craker Tutoring within 48 hours of the termination of the Assignment.

8.2 The Client shall notify Craker Tutoring  immediately and without delay and in any event within 24 hours if the Tutor fails to attend work or notifies the Client that he is unable to attend work for any reason.

9. LAW
9.1 These Terms are governed by the law of England and are subject to the exclusive jurisdiction of the Courts of England.

Last Revised: 28/07/2024