Terms and Conditions

1. Definitions

1.1. In these Terms and Conditions the following definitions apply:

“Booking” refers to the booking of Sessions on the Website.

“Client” refers to the student, parents or legal guardians of the student to whom the Tutor is introduced.

“Session” refers to both one-to-one tuition Sessions between a Client and a Tutor, group Sessions between numerous Clients and a Tutor or Mentor at one time, and mentoring sessions between a Client and a Mentor.

“Session Fee” refers to the full cost of the Session which the Client pays.

“Tutor” refers to the individual whose academic services are supplied by Booksmart Tutors to the Client.

“Mentor” refers to the individual whose advisory services are supplied by Booksmart Tutors to the Client.

“Tuition Fee” refers to the commission taken by Booksmart Tutors which forms part of the Session Fee.

“User” refers to any persons using the Website https://booksmarttutors.co.uk

“Website” refers to the website Booksmart Tutors Ltd uses for their business; https://booksmarttutors.co.uk

2. Introduction

2.1 Booksmart Tutors Ltd is a limited liability company trading as “Booksmart Tutors” registered in the UK with the company number 13080220. Further contact details can be found on their website https://booksmarttutors.co.uk.

2.2 These Terms and Conditions shall prevail over previous Terms and Conditions and are governed by the law of England and are subject to the exclusive jurisdiction of the Courts of England.

2.3 By registering on or using our Website, the User agrees to be bound by these Terms and Conditions. These are legally binding, and it is recommended that every User should read them fully before agreeing to them.

2.4 Unless the context requires otherwise, references to the singular include the plural. Reference to a Session in these Terms and Conditions applies to both one-to-one Sessions and Group Sessions.

2.5 Booksmart Tutors will ensure the suitability of Tutors and Mentors supplied to Clients by only approving Tutors and Mentors to advertise their services through the Website who have been selected through interview and adequately referenced.

3. Use of Website

3.1 By accessing and using the Website, Users agree to be bound by the Terms and Conditions stated here and acknowledge that Booksmart Tutors will process personal information and agree to accepting the use of cookies in accordance with the Privacy and Cookies policy.

3.2 If a User does not agree to the terms set out in these Terms and Conditions, they must not use our website.

3.3 Booksmart Tutors reserves the right to suspend access to all or part of the Website for any reason such as improving the functionality of the Website, content updates, periodic maintenance, or to resolve any issues that we become aware of.

3.4 Booksmart Tutors shall not be held responsible for any viruses or bugs that may be transferred to a Users’ computer from using the Website or third party web hosts.

4. Rights & Responsibilities of all Users

4.1 Users may use the Website without registering their personal details. However, if a User does register, certain information will be stored.

4.2 Users must contact Booksmart Tutors immediately if they believe a third party has logged into their account. Users will be responsible for the actions of any interactions conducted in their name unless they have notified Booksmart Tutors that they believe their account has been accessed by a third party.

4.3 Users must not use the Website with the intention of engaging directly with other Users outside of Booksmart Tutors or promoting other services, opportunities or companies aside from Booksmart Tutors whilst using the Website. Users must all be polite in their conduct and not use the Website to post anything offensive or illegal.

5. Responsibilities of Clients

5.1 Clients must ensure that all of their personal details, payment and contact information are accurate and up to date.

5.2 Clients must use their own discretion to make a judgement about the services of Tutors and Mentors detailed on the Website. Clients are responsible for checking Tutors and Mentors profiles, qualifications and references when they confirm a Booking. Clients have the opportunity to clarify any questions with the Tutor or Mentor during the free consultation and are under no obligation to book a Session after this.

5.3 Clients understand that it is necessary to commit to at least 10 Sessions with a Tutor or Mentor before progress can be judged.

5.4 Clients must confirm their bookings 24 hours before their Session, or 2 hours before Session if a Booking has been made within 24 hours of the time which the Session is to commence. Client enters into a direct contract with the Tutor or Mentor for the provision of Sessions once Bookings have been confirmed.

5.5 Clients must use valid payment details on the Website and have sufficient funds to cover this payment prior to Sessions with a Tutor or Mentor. Payments must be made prior to making more Bookings and attending Sessions. 

5.6 By confirming a Booking, the Client authorises Booksmart Tutors to take the Session payment.

5.7 Clients are responsible for checking that Bookings made by Tutors and Mentors on their behalf are done so correctly and they have given the Tutor or Mentor the correct location if they are to be tutored or mentored in person. Clients must ensure they have all the equipment required to attend Sessions (both online and in person).

6. Responsibilities of Tutors and Mentors

6.1 Tutors and Mentors must be legally entitled to work in the UK on a self-employed basis and either studying for a University degree or have graduated from University.

6.2 Tutors and Mentors agree that they are not employees of Booksmart Tutors and are self-employed for taxation purposes.

6.3 Tutors and Mentors must not claim to be qualified teachers on their profiles if they have not supplied evidence of their Qualified Teacher Status to Booksmart Tutors.  Booksmart Tutors will only verify Tutors and Mentors who have provided evidence of QTS. Tutors and Mentors must ensure all the information provided to Clients is not in any way misleading.

6.4 Tutors and Mentors agree that each Session a Client pays for will last 60 minutes exactly and Tutors and Mentors will commit to at least 10 Sessions with each Client in order for the Client to see progress.

6.5 Tutors and Mentors will read the Booksmart Tutors Handbook once they have been accepted and follow the Booksmart guidance on how to conduct meaningful Sessions. Tutors and Mentors will endeavour to adequately cater to Clients with special educational needs.

6.6 Tutors and Mentors are responsible for taking out and maintaining their own insurance policies to cover any work they undertake.

6.7 All criminal convictions and cautions must be declared by registered Tutors and Mentors, including those that may have occurred after the Tutor’s and Mentor’s registration with Booksmart Tutors.

6.8 Tutors and Mentors are responsible for setting their own Session Fee and agree to Booksmart Tutors taking a Tuition Fee of 25% for the first 249 Sessions taught and 20% for every Session from Session number 250 thereafter.

6.9 Tutors and Mentors should make Bookings for Sessions in accordance with the instructions of the Clients and respond to messages received from Booksmart Tutors Ltd and Clients within 24 hours.

6.10 If Tutors and Mentors make Bookings for additional Sessions which they fail to deliver, they will be liable to refund to the Client the Session Fee.

6.11 Tutors and Mentors must ensure that all written communication with Clients to organise Bookings and arrange Sessions takes place via the Website. Booksmart Tutors reserves the right to monitor all communication and messages sent.

6.12 Tutors and Mentors are responsible for ensuring that they have the correct equipment to be able access booked Sessions either online or in person.

6.13 Tutors and Mentors must be punctual and on time for the Session. If a Tutor or Mentor is late and the Client no longer wants the Session, Tutors are liable to refund to the Client the entire Session Fee. Booksmart Tutors is not liable to refund the Tutor or Mentor the Tuition Fee.

6.14 Tutors and Mentors must only use the online teaching software and teaching materials provided by Booksmart Tutors for students of Booksmart Tutors.

7. Contractual Relationship

7.1 Booksmart Tutors acts as an agent of the Client and the Tutor and Mentor by providing introductions for Clients, Tutors and Mentors and vice versa therefore Users, Tutors, Mentors and Clients agree that Booksmart Tutors can monitor all messages and communication between Users.

7.2 Tutors, Mentors and Clients grant Booksmart Tutors permission to distribute, display, copy and modify all resources shared with Booksmart Tutors.

7.3 Users agree that data including contact details, payment details, communication between Users and information on User profiles will be kept by Booksmart Tutors. By agreeing with these Terms and Conditions Users, Clients, Tutors and Mentors consent to Booksmart Tutors holding and using that data.

7.4 All Session fees are paid to Booksmart Tutors, there must be no arrangement to pay fees directly between the Client and the Tutor and no acceptance of direct payments by the Tutors and Mentors.

7.5 Tutors, Mentors and Clients all agree not to bypass Booksmart Tutors and make any private arrangements within 12 months of the date of the most recent Booking with a Client. 

7.6 Booksmart Tutors reserves the right to ban any Tutor, Mentor or Client from using the service in the event of a discussion instigated by them regarding the Tutor providing tuition services directly to the Client without billing through Booksmart Tutors.

7.7 Any discussion regarding private arrangements to provide tuition services directly between the Tutor or Mentor and the Client, without billing through Booksmart Tutors, forms a breach of these Terms and Conditions.

7.8 Any Tutor, Mentor or Client who fails to comply with these Terms and Conditions may be immediately banned from using any of the services Booksmart Tutors provides including use of the Website.

7.9 Booksmart Tutors reserves the right to ban any person from its register without being required to substantiate their reasons.

7.10 If there are Bookings made and either the Client, Tutor or Mentor has been banned from using the service and Website provided by Booksmart Tutors, Booksmart Tutors reserves the right to cancel these Bookings.

8. Cancellation Policy

8.1 A Client may cancel a Booking at any point before the scheduled start time of a Session. Cancellations made 24 or more hours before a Session is due to commence will incur no charge. Otherwise 50% of the Session fee will be charged and deducted within 24 hours of the time the Session was due to commence. If cancellations must occur due to unforeseen circumstances it is at the Tutor’s discretion to void such transaction and if a Tutor does not want to charge this as a gesture of goodwill, they must inform Booksmart Tutors immediately.

8.2 A Client must cancel a Session by cancelling the relevant Booking on the Website otherwise charges may still be made to a Client’s account.

8.3 Tutors and Mentors may cancel a Booking at any time prior to a Session taking place but are advised to give Client’s at least 24 hours notice. To cancel a Session, Tutors and Mentors must inform the Client directly via the Website and cancel the Booking on the Website.

8.4 If the Client has paid the Session Fee and the Tutor or Mentor then cancels, the Client will receive a full refund.

8.5 Refunds will not be issued if the Client is unable to access the Session due to disorganisation on their behalf such as them not attending the agreed location in time for the Session or not having the correct equipment to conduct the Session.

9. Failed Payments

9.1 In the case of an outstanding Session Fee, the Client gives permission to Booksmart Tutors to automatically retry the charge 48 and 72 hours after the Session.

9.2 Booksmart Tutors reserves the right to protect the Tutor or Mentor from further loss of earnings by cancelling Sessions and Bookings at any point with a Client who has an outstanding payment due.

9.3 Booksmart Tutors will cancel all of the Client’s further Bookings and inform the Tutor or Mentor that we have been unable to collect payment on their behalf 5 days after the Session. Said Client will also be subject to having all their Bookings cancelled, with other Tutors and Mentors also, until payment has been received. The Tutor or Mentor must not make any further Bookings for Sessions with the Client until the outstanding Session Fee has been settled.

9.4  Booksmart Tutors may continue to seek outstanding payments from Clients for up to 90 days from the end of the Session via email, telephone and SMS. The Client accepts that Booksmart Tutors reserves the right to pass debts for outstanding Session Fees to third party debt collection services and acknowledges this may affect their credit rating.

10. Limitation of Liability

10.1 Booksmart Tutors are not liable under any circumstances for any loss, damage, costs or expenses, which may be suffered or incurred by the Tutor or Mentor . Tutors and Mentors shall compensate Booksmart Tutors for all claims and liabilities arising out of any breach these Terms and Conditions by the Tutor, including any costs and expenses incurred.

10.2 Tutors and Mentors views or opinions are not representative of Booksmart Tutors.

10.3 Booksmart Tutors are not responsible for any dispute which may arise between a Tutor or Mentor and a Client.

10.4 Booksmart Tutors accepts no liability in relation to complaints and the services provided by a Tutor or Mentor, or the actions of a Client.

10.5 Booksmart Tutors cannot guarantee that all of the content on the Website is completely accurate or up to date. Booksmart Tutors is not liable to change content they cannot prove to be correct or incorrect such as negative reviews and some profile information.

10.6 Booksmart Tutors accepts no liability in relation to the Tutor or Mentor’s provision of Sessions.

10.7 Booksmart Tutors will not be liable to the Tutor or Mentor for any lost earnings resulting from Clients outstanding payments.

10.8 Booksmart Tutors are not liable to pay any income tax or NI for Tutors or Mentors as Tutors and Mentors are working on a self-employed basis. Tutors and Mentors will endeavour to refund Booksmart Tutors if this is paid to HMRC on their behalf.

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