These Terms and Conditions are the standard terms for the provision of services by Regency Tuition Ltd, a company registered in England under Companies House, 08564165 .
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the provision of Services, as explained in Clause 2;
“Deposit” means an advance payment made to Us under sub-Clause 4.5;
“Month” means a calendar month;
“Price” means the price payable for the Services;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price” means a special offer price payable for Services which We may offer from time to time;
“Order” means your order for the Services;
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 2;
“We/Us/Our” means Regency Tuition, a company registered in England under 08564165 of Companies House and includes all employees and agents of Regency Tuition Ltd.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
2. The Contract
2.1 These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please contact Us for clarification.
2.2 Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
2.3 A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by email or written confirmation.
3.1 All Orders for Services made by you will be subject to these Terms and Conditions.
3.2 You may change your Order at any time before We begin providing the Services by contacting Us. [Requests to change Orders do not need to be made in writing.]
3.3 If your Order is changed We will inform you of any change to the Price in writing.
3.4 You may cancel your Order within 48 hours of placing it. If you have already made any payments to Us under Clause 4 (including, but not limited to the Deposit), the payment(s) will be refunded to you within 14 working days. If you request that your Order be cancelled, you must confirm this in writing. If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 9.
3.5 We may cancel your Order at any time before We begin providing the Services in the following circumstances:
3.5.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or
3.5.2 An event outside of Our control occurs (please see Clause 8 for events outside of Our control).
3.6 If We cancel your Order before We begin providing the Services under sub-Clause 3.5 and you have already made any payments to Us under Clause 4 (including, but not limited to the Deposit), the payment(s) will be refunded to you within 14 working days. If We cancel your Order, the cancellation will be confirmed by Us in writing.
4. Price and Payment
4.1 The Price of the Services will be that shown in Our confirmation email in place at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
4.2 Our Prices may change at any time but these changes will not affect Orders that We have already accepted.
4.3 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
4.4 Before We begin providing the Services, you will be required to pay a Deposit of £50. The due date for payment of your Deposit will be included in the Order Confirmation.
4.5 In certain circumstances, if your Order is cancelled, your Deposit will be refunded in full or in part. The amount due will be calculated based upon the Price for the Services, Our Tuition or Administrational costs, and the amount of work (if any) already undertaken by Us. Please refer to sub-Clause 3.4 if you cancel your Order, to sub-Clauses 3.5 and 3.6 if We cancel your Order, or to Clause 9 if the Services are cancelled after they have begun.
4.7 The balance of the Price will be payable [once We have provided the Services] OR [on a monthly basis in [arrears] during the provision of the Services]. Billed on the 1st of every month.
4.8 We accept the following methods of payment:
4.8.1 online transfer
4.8.2 cash deposit into our account
4.9 Credit and/or debit cards will be charged with a 10% additional cost of the invoice.
4.10 If you do not make payment to Us by the due date [as shown on your invoice] We may charge you interest on the overdue sum. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
4.11 The provisions of sub-Clause 4.10 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
5. Providing the Services
5.1 We will begin providing the Services on the date specified in your Order (and confirmed in Our Order Confirmation).
5.2 We will continue providing the Services for [a period] OR [an approximate period] as discussed.
5.3 We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 8 for events outside of Our control.
5.4 If We require any information from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the exact nature of the Services you require from Us, We may require information such as academic records and personal information.
5.5 If the information you provide under sub-Clause 5.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided We may charge you a reasonable additional sum for that work.
5.6 In certain circumstances, for example where there is a delay in you sending Us information required under sub-Clause 5.4, We may suspend the Services (and will inform you of that suspension in writing).
5.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.
5.8 If the Services are suspended under sub-Clauses 5.6 or 5.7, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).
5.9 If you do not pay Us for the Services as required by Clause 4, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 4.10.
6. Problems with the Services
6.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services we request that you inform Us as soon as is reasonably possible [(you do not need to contact Us in writing)].
6.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical. [In emergency situations, such as those where vulnerable people living in your property may be affected, We will use reasonable efforts to remedy problems within 24 hours.]
6.3 We will not charge you for remedying problems under this Clause 6 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information provided by you, sub-Clause 5.5 will apply and We may charge you for remedial work.
6.4 As a consumer, you have certain legal rights with respect to the purchase of services. We are, for example, required to provide the Services with reasonable care and skill. You also have remedies if We use materials that are faulty or incorrectly described. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or from the Office of Fair Trading.
7. Our Liability
7.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
7.2 We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind [(including resale)]. By making your Order, you agree that you will not use the Services for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
7.3 [If We are providing Services in your property and We cause any damage, We will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Services.]
7.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
7.5 Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability for the following with respect to your rights as a consumer:
7.5.1 Breach of your right to title and quiet possession as implied by section 2 of the Supply of Goods and Services Act 1982;
7.5.2 Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982; and
7.5.3 Our liability relating to defective products as set out in the Consumer Protection Act 1987.
8. Events Outside of Our Control (Force Majeure)
8.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.
8.2 If any event described under this Clause 8 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
8.2.1 We will inform you as soon as is reasonably possible;
8.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
8.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
8.2.4 If the event outside of Our control continues for more than 14 working days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
8.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 9.3.3.
9.1 If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 3.4.
9.2 Once We have begun providing the Services, you are free to cancel the Services and the Contract at any time by giving Us 48 hours written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you within 14 working days. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 4.
9.3 If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you within 14 working days. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 4. If you cancel because of Our breach under sub-Clause 9.3.1, you will not be required to make any payments to Us. You will not be required to give 48 hours notice in these circumstances:
9.3.1 We have breached the Contract in any material way and have failed to remedy that breach within 14 working days of you asking Us to do so in writing; or
9.3.2 We enter into liquidation or have an administrator or receiver appointed over Our assets; or
9.3.3 We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 8.2.5); or
9.3.4 We change these Terms and Conditions to your material disadvantage.
9.4 We may cancel your Order for the Services before the Services begin under sub-Clause 3.5.
9.5 Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you 48 hours written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you 14 working days. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 4.
9.6 If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you 14 working days. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 4. We will not be required to give 48 hours notice in these circumstances:
9.6.1 You fail to make a payment on time as required under Clause 4 (this does not affect our right to charge interest on overdue sums under sub-Clause 4.10); or
9.6.2 You have breached the Contract in any material way and have failed to remedy that breach within 7 working days of Us asking you to do so in writing; or
9.6.3 We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 8.2.4).
9.7 For the purposes of this Clause 9 (and in particular, sub-Clauses 9.3.1 and 9.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 9.3.1 and Us under sub-Clause 9.6.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
10. Communication and Contact Details
10.1 If you wish to contact Us with questions or complaints, you may contact Us by telephone at 0203 732 4387 or by email at [email protected].
10.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:
10.2.1 Contact Us by email at [email protected]; or
10.2.2 Contact Us by pre-paid post at No 2, 228-230 Fulham Road, London SW10 9NB.
11. How We Use Your Personal Information (Data Protection)
11.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
11.2 We may use your personal information to:
11.2.1 Provide Our Services to you.
11.2.2 Process your payment for the Services.
11.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
11.2.4 In certain circumstances (if, for example, you wish to pay for the Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
11.2.5 We will not pass on your personal information to any other third parties [without first obtaining your express permission].
Data Protection Act
Regency Tuition Ltd uses tutor data for the purposes of the services that it provides. Tutors providing personal data consent to the use of that data by Regency Tuition Ltd for the purpose of effecting introductions to Client, for billing and fee collecting purposes.
These Terms and Conditions shall prevail over any other Terms of Business or Conditions put forward by you.
No variation or alteration of these Terms and Conditions shall be valid.
12. Other Important Terms
12.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
12.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
12.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
12.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
12.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
13. Governing Law and Jurisdiction
13.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
13.2 Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
The following terms and conditions are to govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
The term ‘Regency Tuition’ or ‘us’ or ‘we’ refers to the owner of the website Regency Tuition. The term ‘you’ refers to the user or viewer of Regency Tuition Limited.
· The content of the pages of this website is for your general information and use only. It is subject to change without notice.
· Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
· Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
· This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
· All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
· From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
· You may not create a link to this website from another website or document without Regency Tuition Limited’s prior written consent.
· Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
Regency Tuition Limited acts as the agent on behalf of the tutor, and will introduce the Tutor to the Client.
Fees and Payment
The billing process will be controlled by Regency Tuition who shall send an invoice to the client at the end of each calendar month. Payments must be made to Regency Tuition within 10 days of the date of the invoice.
The fees will be calculated at a rate agreed in advance between Regency Tuition and the client based upon the hours submitted by the Tutor through the TutorCruncher portal. The Parent shall ensure that each lesson is correctly logged by checking their invoices.
Payments must not be made directly to the Tutor at any time.
All expenses (including books and travel) must be agreed with the Tutor in advance.
Non – solicitation
The Parent is not permitted to make private arrangements for tuition with a Tutor introduced by Regency Tuition. Should a Parent breach this obligation, they will be liable to account to Regency Tuition for all sums paid to the Tutor without deduction and Regency Tuition shall be entitled to obtain an injunction against a Parent to prevent further breaches. This obligation shall continue notwithstanding termination of this agreement.
Regency Tuition does not accept any liability for any claims by the Client arising out of or related to the carrying out of the tutoring by a Tutor introduced by Regency Tuition.
Both the client and the tutor must notify the other in advance of any holiday commitments they may have; and any changes to the tuition timetable necessary because of illness. An alternative date will be arranged. Regency Tuition tutors operate a 24 hour cancellation policy and reserve the right to charge the client in full if a lesson is cancelled at short notice.
Regency Tuition reserves the right to alter these terms and conditions. Regency Tuition will, however, notify the Client in writing of any changes.
Unless otherwise agreed in writing by a Director of Regency Tuition, these terms and conditions shall prevail over any other terms of business or conditions put forward by the Client.
No variation or alteration of these terms and conditions shall be valid unless approved in writing by a Director of Regency Tuition.
Acceptance of our services will be taken to represent agreement to these Terms and Conditions
Both parties agree with and understand the following arrangements:
Once a tutoring position has been confirmed, you are entering into a contract between you (the tutor) and the client (the student, or the student’s parent/guardian). Regency Tuition Limited acts as agent on behalf of the tutor and the student. Regency Tuition is only responsible for finding students and an appropriate teacher for the specific subject, and is not responsible for the content of lessons and the teaching methods.
In consideration of Regency Tuition providing you with students, you are not permitted to make private arrangements for tuition with clients introduced by Regency Tuition or with new clients introduced by Regency Tuition clients. Should you breach this obligation, you will be liable to account to Regency Tuition for all sums received by you from the client/new client without deduction and Regency Tuition shall be entitled to obtain an injunction against you to prevent further breaches. This obligation shall continue notwithstanding termination of this Agreement.
Any work referred to a tutor by a client of Regency Tuition must be billed through Regency Tuition on your behalf. Regency Tuition is happy to negotiate on commission for new clients referred to you by our clients but Regency Tuition must process the billing.
Regency Tuition is now building our new site and need your profiles up to date. This includes a photo and you MUST select all the subjects (and levels) you would like to teach. If you have not yet selected the subjects you will not hear about available jobs or be able to register for them.
You and the client are responsible for finding and agreeing on a suitable environment in which tuition can take place.
Regency Tuition will agree the fee structure with the client and this must not be changed without written authority of Regency Tuition.
As part of the service, Regency Tuition will collect the fees due from students and passing them on to you net of a commission. Regency Tuition invoices clients on behalf of tutors, based on time sheets submitted into the Regency Tuition website.
Please ensure that you fill in your online time sheets after each lesson. If you are late completing these time sheets or there is incorrect information on them your payment may be delayed. Payments will only be made once the client has paid the invoices.
You must keep your on-line time sheet up to date. Regency Tuition recommends that tutors keep a signed record of all lessons taught (or cancelled with less than 24hrs notice) and expenses agreed with client (signed by client after each lesson). We do not need to see this but if a client disputes hours that are invoiced we will be unlikely to be able to pay tutors if this record has not been signed.
You will not be paid directly by the client. Regency Tuition sends an invoice to the client, on behalf of and as an agent for you (the tutor), at the beginning of each calendar month to cover the previous month’s tuition. Our payment terms are 21 days. You will not be entitled to receive your fee until Regency Tuition has received payment from the client. If Regency Tuition does not receive payment in reasonable time, Tutors may obtain written permission from a Director of Regency Tuition to invoice the client directly.
You must not accept any payment direct from the client without the written permission of a Director of Regency Tuition. Should you do so, all sums received by you will be immediately payable to Regency Tuition and shall be actionable through the Courts without further notice to you.
You undertake to Regency Tuition that you will duly pay the tax and national insurance contributions which are due from you whether in the United Kingdom or elsewhere in relation to the payments to be made to you by Regency Tuition under this Agreement and further agree to indemnify Regency Tuition in respect of all and any income tax and national insurance contributions which may be found due from Regency Tuition on any payments made to you under this agreement together with any interest, penalties or gross-up thereon.
For the purposes of record keeping, you will account for the full fees due from the student as income and the commission as expenditure.
All expenses (books, travel, etc) must be agreed with client before you add them to your account. If you buy books please keep receipts so you can return them to shop if client does not want to buy them. Do not charge for travel in central London. Any expenses incurred by you without the agreement of the client will not be reimbursed to you.
Both the client and the tutor must notify the other in advance of any holiday commitments they may have; and any changes to the tuition timetable necessary because of illness. An alternative date will be arranged. Regency Tuition recommend that you agree a 24hour cancellation policy with the client so that Regency Tuition can charge them if they cancel the lesson at short notice. You need to have agreed this and the chargeable cancelled hours with the client before Regency Tuition will charge for them.
Regency Tuition do not accept any liability for any claims by the client arising out of or related to the carrying out of the tutoring by you and you agree to indemnify Regency Tuition without limit in respect of any such claims.
You undertake that you shall not at any time during this agreement, and for a period of five years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of Regency Tuition, except that you may disclose Regency Tuition’s confidential information as may be required by law, court order or any governmental or regulatory authority.
You shall not use Regency Tuition’s confidential information for any purpose other than to perform your obligations under this agreement.
Data Protection Act
Regency Tuition uses tutor data for the purposes of the services that it provides. Tutors providing personal data consent to the use of that data by Regency Tuition for the purpose of effecting introductions to clients, for billing and fee collecting purposes and to enable Regency Tuition to contact the tutor from time to time.
Regency Tuition reserves the right to alter these terms and conditions. Regency Tuition will, however, notify you in writing of any changes.
Unless otherwise agreed in writing by a Director of Regency Tuition, these Terms and Conditions shall prevail over any other terms of business or conditions put forward by you.
No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by a Director of Regency Tuition.
Acceptance of our services will be taken to represent agreement to these Terms and Conditions