Terms and Conditions — The Tutor Department

Standard terms and conditions for introducing tutors for direct engagement by clients

Dated: 9th November 2026

These terms of business apply in relation to any employment agency services provided by The Tutor Department to the Client.

It is agreed as follows:

1. Definitions and interpretation

1.1 In this Agreement, unless the context otherwise requires, the following definitions shall apply:

"Agreement" means this agreement between The Tutor Department and the Client comprising the terms set out in this document.

"Business Day" means any day (other than Saturday or Sunday) on which clearing banks are open for business in London.

"Candidate" means a person in respect of whom, or in respect of whose skills or services relating to tutoring or otherwise, information is provided by The Tutor Department to the Client.

"Candidate Request" means what The Tutor Department reasonably deems to be the Client's instruction, request or confirmation to search for a Candidate for a particular position.

"Client Contact" means any member of the Client's household or family, or any third party (including any employment business or other person) to whom the Client introduces a Candidate (a "Client Third Party Contact").

"Compensation Fee" means a sum equal to the commission that The Tutor Department would have received in respect of the relevant Engagement over one school term (calculated by reference to the lesson frequency and Lesson Fees applicable at the time of the most recent lesson, and a term of 12 weeks).

"Data Protection Laws" means any applicable laws and regulations in any relevant jurisdiction relating to the use or processing of personal data including: (i) EU Regulation 2016/679 as it forms part of the law of England and Wales by virtue of section 3 of the European Union (Withdrawal) Act 2018 (the "UK GDPR"); (ii) the Data Protection Act 2018 ("DPA"); and (iii) the Privacy and Electronic Communications (EC Directive) Regulations 2003; in each case, as updated, amended or replaced from time to time; and the terms "Data Subject", "Personal Data", "processing", "processor" and "controller" shall have the meanings set out in the UK GDPR.

"Engagement" means the Client's or any Client Contact's:

(a) engagement (direct or indirect) by way of employment or contract for services or otherwise of the Tutor(s); or

(b) making of any other arrangement for any of the Tutor(s) to provide services for the benefit of the Client or any Client Contact,

and "Engages" shall be construed accordingly.

"Engagement Date" means the date on which the Candidate begins an Engagement at or with the Client.

"Expenses" means any agreed expenses to be paid by the Client.

"Introduction" means the earlier of the following events:

(a) The Tutor Department supplying to the Client, orally or in writing, any information sufficient to identify a Candidate; or

(b) the Client interviewing the Candidate in person or otherwise.

"Lesson Fees" means the fees payable by the Client for tuition delivered by a Tutor, at the rate confirmed in writing before lessons begin, which rate is inclusive of the commission payable to The Tutor Department in respect of its services.

"Loss" means any demand, contribution, claim, action, proceeding, liability, loss, damage, costs, expenses, tax, national insurance contributions (to the extent permitted by law) and charges and any related penalties, fines or interest whatsoever whether founded in statute, contract, tort or otherwise made or brought against or incurred (including without limitation all losses, liabilities and costs incurred as a result of defending or settling any claims).

"Re-engage" means during an Engagement or following the termination of a Candidate's Engagement (for any reason whatsoever), the Client Engages the Candidate in any position for a further period. "Re-engaged" and "Re-engages" shall be construed accordingly.

"Registration Fee" means the one-off fee of £30 payable by the Client to The Tutor Department in accordance with clause 4.7.

"Regulations" means the Conduct of Employment Agencies and Employment Businesses Regulations 2003 as amended.

"Role(s)" means the duties, responsibilities, experience, qualifications and skills that a Candidate will be expected to fulfil.

"Tutor" means a Candidate who is Engaged by the Client.

1.2 Reference to the Client shall, to the extent the context permits, include the person who is benefitting from the tuition services.

1.3 Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, re-enacted, replaced or applied by or under any other enactment (whether before or after the date of this Agreement) and all subordinate legislation made (before or after the date of this Agreement) under it from time to time.

1.4 Where the context permits, words denoting:

(a) persons shall include bodies corporate and unincorporated associations of persons;

(b) the singular include the plural and vice versa; and

1.5 For the purposes of the Regulations, The Tutor Department shall operate as an employment agency.

2. Terms

2.1 In the event of any conflict between this Agreement and any other terms and conditions, this Agreement shall prevail unless expressly agreed otherwise in writing by a director of The Tutor Department.

2.2 This Agreement supersedes all previous terms and conditions of business in respect of the subject matter of this Agreement whether written, oral or implied.

2.3 A Client will be deemed to have accepted the terms of this Agreement by issuing a Candidate Request to The Tutor Department, by interviewing a Candidate (whether in person, by telephone, by video link or by using any other media), by Engaging or continuing to Engage a Candidate, or by passing any information about a Candidate to any Client Contact following an Introduction.

2.4 These terms shall apply to any Client who directly or indirectly Engages any Candidate introduced on a temporary or permanent basis.

2.5 For convenience Schedule 2 (published below these terms) sets out terms which the Candidate and Client can use as the basis of their direct contracting arrangements: they are free to agree to whatever terms they want and this template is merely provided by The Tutor Department for convenience in case the Tutor and Client do not have their own standard terms readily available.

2.6 The Client shall provide such information as The Tutor Department may reasonably require from time to time relating to the progress of the services of the Candidate.

3. Recruitment obligations

3.1 Save in respect of the authority given under this Agreement, The Tutor Department has no authority to enter into any contract directly with the Candidate on the Client's behalf.

3.2 The Tutor Department will notify the Client in writing immediately if at any time during this Agreement or for a period of up to 3 months following an Introduction The Tutor Department becomes aware or has reason to believe that a Candidate is not suitable for an Engagement.

4. Lesson Fees and payment

4.1 The Lesson Fees applicable to an Engagement shall be confirmed by The Tutor Department to the Client in writing before lessons begin. Other than the Registration Fee payable under clause 4.7, the Client shall have nothing further to pay to The Tutor Department in respect of its services: The Tutor Department's commission is included within the Lesson Fees and is collected in accordance with clause 4.2. Lesson Fees may be reviewed annually each September; The Tutor Department will give the Client not less than one month's written notice of any change.

4.2 Lessons are recorded and invoiced through the TutorCruncher platform, to which The Tutor Department subscribes and on which the Client will be invited to create an account (TutorCruncher's terms and conditions can be viewed at https://tutorcruncher.com/terms). Payment of Lesson Fees is collected by card through Stripe, TutorCruncher's integrated payment provider, and is automatically apportioned at the point of payment between the Tutor (as to their share) and The Tutor Department (as to its commission). The Tutor Department does not at any point hold or handle monies due to the Tutor.

4.3 TutorCruncher and Stripe are independent third-party providers. The Tutor Department shall not be liable for any failure by TutorCruncher or Stripe to process payments correctly, save to the extent such failure arises from The Tutor Department's own negligence or breach of this Agreement.

4.4 Payment of each invoice is due within 14 days of the invoice date. The Tutor Department may suspend the arrangement of further lessons where an account is overdue.

4.5 Lessons cancelled or rearranged by the Client with more than 24 hours' notice shall incur no charge. Lessons cancelled by the Client with less than 24 hours' notice, or not attended without notice, shall be charged in full. Where a Tutor cancels a lesson, no charge shall be made and the lesson will be rearranged.

4.6 Where the Client enters into this Agreement at a distance (including by email or telephone), the Client has the right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel this Agreement within 14 days without giving a reason. Where the Client requests that lessons begin within that period, the Client agrees that The Tutor Department may begin providing its services, and if the Client then cancels, the Client shall pay for lessons already delivered.

4.7 Registration Fee

(a) A Client who first issues a Candidate Request to The Tutor Department on or after 9 November 2026 shall pay the Registration Fee, which covers the search for and Introduction of a suitable Candidate and the setting up of the Client's account.

(b) The Registration Fee shall become payable on the Engagement Date and shall be added to the Client's first invoice, to be collected in accordance with clause 4.2.

(d) The Registration Fee is payable once per Client. No further Registration Fee is payable if the Client Engages a further Tutor or requests tuition for another child.

(e) Subject to clause 4.6, the Registration Fee is non-refundable once the Engagement Date has passed.

5. Suitability and References

5.1 In accordance with the requirements of the Regulations, The Tutor Department will not supply a Candidate to the Client, such that an Engagement starts, without first obtaining confirmation of their identity, that they are willing to work in the Role in which the Client wishes to Engage them and that they have the experience, training, qualifications and any authorisation which the Client considers necessary for the Role or which are required by law or any professional body.

5.2 The information which The Tutor Department has obtained under clause 5.1 above will be provided to the Client as soon as possible, being not later than required by law.

5.3 The Tutor Department will not supply a Candidate such that an Engagement starts unless it has taken all reasonably practicable steps to ensure that the Client and the Candidate are aware of any requirements imposed by law or any professional body which must be satisfied to enable the Candidate to work in the Role. The Tutor Department will also make such enquiries as are reasonably practicable to ensure that it would not be detrimental to the interests of either party for the Candidate to work in the Role.

5.4 To enable The Tutor Department to comply with its obligations under the Regulations, the Client shall provide The Tutor Department with sufficient information to enable it to select a suitable Candidate for the Role, which must include the date on which the Client requires the Candidate to commence work and (if the Engagement is for a fixed period) the likely duration; the nature of the work, the location, hours and any risks to health and safety known to the Client and the steps taken to control such risks; details of the experience, training, qualifications and any authorisations which the Client considers necessary, or which are required by law or any professional body for the Candidate to possess to work in the Role; and details of any Expenses payable.

5.5 The Client will also inform The Tutor Department of the notice required to terminate the Engagement.

5.6 Notwithstanding the above, the Client must satisfy itself as to the suitability of the Candidate and the Client shall take up such references provided by The Tutor Department or the Candidate before Engaging the Candidate. The Client is responsible for satisfying any medical or other requirements, qualifications or permission required by law applicable to the Engagement.

5.7 In accordance with Regulation 22 of the Regulations, where required, The Tutor Department will take all reasonably practicable steps to obtain copies of any relevant qualifications or authorisations and two references from persons not related to the Candidate who have agreed that the references they provide may be disclosed to the Client. In accordance with Regulation 22 of the Regulations, where required, The Tutor Department shall offer to provide copies of such information to the Client and if it is unable to obtain any of the above information then it shall inform the Client of the steps it has taken to obtain it.

5.8 The Tutor Department will assume, unless it has reason to believe to the contrary, that a Role will include or may include working with, or caring for, persons under the age of eighteen and/or a Role which involves caring for or attending any person who by reason of age, infirmity, or any other circumstances is in need of care or attention. If the Role will or may include that, the Client shall provide such information and cooperation as The Tutor Department shall reasonably require to enable it to comply with the requirements of Regulation 22 of the Regulations.

5.9 For lessons taking place in the Client's home, the Client shall ensure that a parent or other responsible adult is present in the property throughout each lesson. For online lessons, The Tutor Department recommends that the student works in a shared or open space. The Client shall raise any safeguarding concern with The Tutor Department immediately.

6. Availability of Candidates

The Tutor Department shall use all reasonable endeavours to Introduce suitable Candidates but does not guarantee that a Candidate is available to accept any Engagement.

7. Introduction of a Candidate to a Third Party; direct engagement

7.1 The Introduction of a Candidate to the Client is confidential. The Client must not supply or provide any information that relates to or helps identify a Candidate to any other person, school, firm or company (a "Third Party Introduction"). If following a Third Party Introduction the Candidate is Engaged within 12 months of the date of the original Introduction by The Tutor Department to the Client, the Client shall pay to The Tutor Department the Compensation Fee in respect of that Engagement.

7.2 The Client shall not, during an Engagement or within 12 months following the final lesson of an Engagement, Engage or Re-engage the Tutor otherwise than through The Tutor Department (including by making payment other than in accordance with clause 4.2), without the prior written agreement of The Tutor Department. Where the Client wishes to move to a direct arrangement with a Tutor, the Client may do so on payment to The Tutor Department of the Compensation Fee.

8. Liability and indemnity

8.1 The Client will indemnify and hold The Tutor Department harmless on a continuing basis for any Losses incurred by The Tutor Department as a result of the Client's breach of this Agreement or arising from the Client's negligent or deliberate acts, defaults or omissions.

8.2 The Tutor Department shall not be liable for any Losses incurred by the Client or any other entity from the Introduction or subsequent Engagement of a Candidate, save for death or personal injury caused by The Tutor Department's own negligence and save that nothing in this Agreement excludes or limits any liability which cannot be excluded or limited by law, including the Client's statutory rights as a consumer.

8.3 The Client acknowledges that by entering into this Agreement it has not relied on any representations, warranties or other assurances made by The Tutor Department other than those expressly set out in this Agreement, provided that nothing in this clause shall operate to limit or exclude any liability for fraudulent misrepresentation.

9. Confidentiality and data protection

9.1 All information contained within this Agreement and any Candidate Request shall remain confidential and the parties shall not divulge it to any third party, save for their own employees and professional advisers on a need-to-know basis or as may be required by law and to Candidates as may be required for the performance of any Engagement. The parties will keep any information associated with an Introduction confidential and not use it for any purpose other than specified at the time the information was provided.

9.2 The parties warrant and undertake to each other that, in relation to any personal information generally in relation to this Agreement, they shall comply strictly with all requirements of the Data Protection Laws. The Tutor Department's privacy notice is available at https://www.tutordepartment.co.uk/privacy-policy.

10. General

10.1 The Tutor Department is committed to equal opportunities and expects the Client to comply with all anti-discrimination legislation as regards the selection and treatment of Candidates.

10.2 Where applicable, value added tax will be added to any sums payable under this Agreement.

10.3 None of the provisions of this Agreement is intended to be for the benefit of, or enforceable by, third parties (other than permitted assignees of either party, who shall be entitled to enforce the provisions of this Agreement as if original parties to it) and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.

10.4 Any notice under this Agreement shall be in writing and sent to the addressee at the last known address or email address, either by first class post or by email, and shall be deemed to have been received, in the case of post on the postal date following the date of posting and in the case of email on the date of transmission.

10.5 This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements and arrangements (if any) whether written, oral or implied between the Client and The Tutor Department relating to the Introduction of Candidates. Unless otherwise agreed in writing by an authorised signatory of The Tutor Department, this Agreement prevails over any other terms of business the Client puts forward.

10.6 No amendment to this Agreement is effective unless agreed in writing and signed by a signatory authorised to enter into such agreements by the Client and The Tutor Department.

10.7 If any provision or any part of this Agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law:

(a) such provision or part shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected;

(b) to the extent permitted by law, the provision severed under clause 10.7(a) shall be replaced with a provision which is of similar effect but which is not illegal or unenforceable.

10.8 This Agreement shall be governed by and construed in all respects in accordance with English law and in the event of any dispute regarding this Agreement the English Courts shall have exclusive jurisdiction.