TERMS & CONDITIONS
Terms and Conditions for Studyseed CIC
LAST UPDATED: 29 December 2022
1. DEFINITIONS
In these terms and conditions, the following definitions will apply:
1.1 ‘Studyseed CIC’, ‘We’ and ‘Tutoring Agency’ refer to registered community interest company Studyseed CIC; Company No. NI642606.
1.2 ‘You’ and ‘The User’ refers to any individual or entity who uses Studyseed CIC’s services, as outlined below.
1.3 ‘Client’ refers to the individual or entity purchasing tuition services on behalf of a student and to whom a tutor is introduced by Studyseed CIC for the purposes of providing a tuition service.
1.4 ‘Tutor’ refers to a self-employed individual who provides tuition services and is introduced to the Client by Studyseed CIC.
1.5 ‘Student’ refers to an individual who requires tutoring and will receive a tuition service from the Tutor as paid for by the Client.
1.6 ‘Tuition Service’ refers to the provision of tuition by the Tutor for the Client as agreed between the Client and the Tutor.
2. GENERAL
2.1 Studyseed CIC acts as an agent on behalf of both the Tutor and the Client and matches a Tutor to a Client for a specific tuition service.
2.2 For the purposes of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (as amended), Studyseed CIC operates as an Employment Agency to introduce the Tutor to the Client for the purposes of commencing the tuition service.
2.3 By registering as a client or tutor on our website (www.studyseed.co.uk) or by using our payment and service management system (www.tutorcruncher.com), you agree to be bound by these Terms and Conditions.
2.4 A contract between the Tutor and the Client is entered into once the tuition service has been agreed between the Tutor and the Client. The Tutor and the Client are responsible for the contractual relationship between them.
2.5 Studyseed CIC does not enter into contracts on behalf of either the Tutor or the Client and is not responsible for the content or teaching methods used in the Tuition Service. Studyseed CIC does not supervise or control the tutor in any way in relation to the content of the Tuition Service.
3. PAYMENTS
3.1 Tutors are self-employed individuals and are responsible for setting their own hourly rates for the provision of any Tuition Service.
3.2 The Tutor will agree an hourly rate with the Client and Studyseed CIC will add an agency fee to this of £8 per session.
3.3 All fees payable by the Client to the Tutor for Tuition Services arranged following an introduction by Studyseed CIC must be billed using the TutorCruncher platform and paid for using credit or debit card via Stripe Express, through this platform.
3.4 Studyseed CIC does not handle payments on behalf of the Tutor. Studyseed CIC does not accept payments made via BACS, PayPal or any other form of payment method other than credit or debit card via Stripe Express, through the TutorCruncher platform. All payments made through Stripe Express are processed by TutorCruncher, with the Tutor fee transferred directly to the Tutor and the Agency fee transferred directly to Studyseed CIC.
3.5 Invoices for the Tuition Service will be raised automatically through the TutorCruncher platform once a Tutor has confirmed the completion of each session. The Client will receive an email notification and payment request following each session confirmation. By accepting these Terms and Conditions, the Client agrees to store their payment details on the TutorCruncher platform for the purposes of automatic payments. Payments will be taken automatically using these details, 4 days after the invoice has been sent.
3.6 Studyseed CIC is not responsible for pursuing the Client for the non-payment of Tutor fees on behalf of the Tutor. Studyseed CIC is not liable to the Tutor for any lost earnings resulting from the non-payment of Tutor fees by the Client. The Tutor has the discretion of discontinuing the Tuition Service if any invoices remain outstanding.
4. REFUND POLICY
4.1 Any request for refund by the Client for payments made towards the Tuition Service should be directed towards the Tutor. Any refund or amendment to the hourly rate is at the discretion of the Tutor.
4.2 The agency fee for any refunded lessons, or part fee for partially refunded lessons, will be returned via the payment card through which the payment was originally made on the TutorCruncher platform.
5. CANCELLATION POLICY
5.1 This general Cancellation Policy is at the discretion of the Tutor and may be overridden by the Tutor’s own Cancellation Policy. If the Tutor does not provide the Client with a separate Cancellation Policy then it should be assumed that they are applying this cancellation policy.
5.2 The Client should expect to be charged for a fee of the full session rate for any sessions that have been cancelled with less than 72 hours’ notice.
5.3 The Tutor exercises discretion over this fee and should inform the Client if the fee will be imposed.
5.4 The Tutor will record any cancellation fees against the planned session on the TutorCruncher platform.
6. LATE POLICY
6.1 This general Late Policy is at the discretion of the Tutor and may be overridden by the Tutor’s own Late Policy. If the Tutor does not provide the Client with a separate Late Policy then it should be assumed that they are applying this cancellation policy.
6.2 The Tutor should expect to wait for up to 15 minutes after the agreed start time of a session before cancelling the session, where the cancellation policy will apply. Should the Student arrive within the first 15 minutes then the session should proceed as normal and finish at the original end time. The Client should expect to pay the full fee for any session that starts late in this way.
6.3 Should the Tutor be late for a session, it should be expected that the time be made up by the Tutor or a partial refund provided to offset the time lost in the session.
7. RESPONSIBILITY OF THE TUTORING AGENCY
7.1 Studyseed CIC will provide an introductory service in which it will endeavour where possible to identify and introduce the Tutor to the Client, based on the Student’s needs.
7.2 Studyseed CIC will provide an administrative service in which it will collect evidence of the qualifications and Access NI certificate of the Tutor before introducing the Tutor to any Client.
7.3 Studyseed CIC will collect and provide suitable contact details from and to the Tutor and the Client for the purposes of the Tutor and Client commencing the Tuition Service.
7.4 Studyseed CIC will maintain and administer the service platform hosted by TutorCruncher for the purposes of documentation and invoicing by the Tutor to the Client for the Tuition Service.
7.5 Studyseed CIC maintains full discretion over whether to accept or reject any registration by any User to operate on the TutorCruncher platform as a Tutor or a Client.
8. RESPONSIBILITY OF THE TUTOR
8.1 The Tutor is responsible for agreeing with the Client a suitable place - either online or in person - in which to carry out the Tuition Service.
8.2 The Tutor is responsible for agreeing with the Client the dates, times, session length and duration of the Tuition Service.
8.3 The Tutor is responsible for setting their hourly rate and negotiating the cost of the Tuition Service with the Client. These rates must be clearly set on the TutorCruncher platform in advance of any Tuition Service commencing.
8.4 The Tutor is responsible for communicating their cancellation policy to the Client, otherwise it should be agreed that the general cancellation policy detailed below should apply until the Tutor communicates otherwise.
8.5 The Tutor is responsible for the content and methods used throughout the Tuition Service and should tailor these to best meet the needs of the Student.
8.6 The Tutor will record and document all sessions carried out with the Student throughout the Tuition Service on the TutorCruncher platform as provided under Studyseed CIC.
8.7 The Tutor will ensure that they have set up a valid Stripe Express account prior to commencing any Tuition Service with a Client introduced by Studyseed CIC. All invoices will be raised through the TutorCruncher platform so that payment is processed via Stripe Express.
8.8 The Tutor agrees that they will not make private arrangements for Tuition with any Client introduced to them by Studyseed CIC, either during the Tuition Service or for a period of 6 months after the termination of this agreement. Should a Tutor breach this obligation, the Tutor will be removed from the TutorCruncher platform under Studyseed CIC and will be issued with and liable to pay an introductory fee of £750. This fee will be payable within 14 days of issue and is issued at the discretion of Studyseed CIC.
8.9 The Tutor is responsible for ensuring that they have the correct equipment in place to conduct the Tuition Service online if this is the agreed location.
8.10 The Tutor is responsible for ensuring that they have suitable transport arrangements in place in order to travel to an in-person location as agreed with the Client.
8.11 The Tutor agrees to provide accurate and correct documentation to support their qualifications and Access NI certification record on the TutorCruncher platform. Any false documentation or misleading evidence will result in the termination of the Tutor’s account on the TutorCruncher platform under Studyseed CIC.
8.12 The Tutor agrees to provide up-to-date contact details of two references with Studyseed CIC and agrees that these will be shared with the Client prior to the commencement of any Tuition Service.
8.13 The Tutor agrees to submit their hours of work and confirm the completion of all sessions within 5 days following each session so that the Client is invoiced promptly. All session confirmations, cancellations and rescheduling must be documented on the TutorCruncher platform under Studyseed CIC.
8.14 The Tutor agrees that any breach of this agreement may result in the immediate termination of the Tutor’s account on the TutorCruncher platform under Studyseed CIC. Studyseed CIC reserves the right to cancel any scheduled sessions with the Client on the TutorCruncher platform under Studyseed CIC in such circumstances.
9. RESPONSIBILITY OF THE CLIENT
9.1 The Client is responsible for agreeing with the Tutor a suitable place - either online or in person - in which to carry out the Tuition Service.
9.2 The Client is responsible for agreeing with the Tutor the dates, times, session length and duration of the Tuition Service.
9.3 The Client is responsible for ensuring that all contact details stored on the TutorCruncher platform under Studyseed CIC are accurate and up-to-date.
9.4 The Client is responsible for using their own judgment to assess the suitability of the Tutor and their services and are responsible for checking the qualifications, references, Access NI certificate and insurance of the Tutor prior to commencing any Tuition Service.
9.5 The Client is responsible for ensuring that they have the correct equipment in place to engage in any online delivery of the Tuition Service if this is the agreed location.
9.6 The Client is responsible for ensuring that they have a suitable space in their home for the Tutor to provide the Tuition Service if this is the agreed location. The Client must ensure that they provide the Tutor with an accurate address prior to the commencement of any Tuition Service taking place at the Client’s home.
9.7 The Client agrees that they will not make private arrangements for Tuition with any Tutor introduced to them by Studyseed CIC, either during the Tuition Service or for a period of 6 months after the termination of this agreement. Should a Client breach this obligation, the Client will be issued with and liable to pay an introductory fee of £750. This fee will be payable within 14 days of issue and is issued at the discretion of Studyseed CIC.
9.8 The Client agrees that any breach of this agreement may result in the immediate termination of the Client’s account on the TutorCruncher platform under Studyseed CIC. Studyseed CIC reserves the right to cancel any scheduled sessions with the Tutor on the TutorCruncher platform under Studyseed CIC in such circumstances.
10. TERMINATING THE TUITION SERVICE
10.1 The Tuition Service may be terminated immediately at the request of either the Tutor or the Client. The Cancellation Policy will still apply in this regard and so any termination of the Tuition Service should be made in line with the Cancellation Policy to avoid a charge for the final session.
11. USE OF TUTORCRUNCHER PLATFORM UNDER STUDYSEED CIC
11.1 All invoicing, payments, completion confirmations, session records and scheduling of sessions between the Tutor and the Client must take place on the TutorCruncher Platform under Studyseed CIC.
11.2 If a User is under eighteen (18) years of age, their parent/guardian must register for a Client account which will be linked to the User’s Student account on the TutorCruncher Platform. If the User is a Student over eighteen (18) years of age, the User should register with their own name and email address. In this case, the User will have both a Client account and a Student account.
11.3 When using the TutorCruncher Platform under Studyseed CIC, the User agrees not to write, speak or post anything that:
11.3.1 is patently offensive, i.e. anything that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
11.3.2 could be harmful to minors or any other user;
11.3.3 harasses or advocates harassment of another person;
11.3.4 involves the transmission of "junk mail", "chain letters", unsolicited mass mailing or “spamming";
11.3.5 promotes information that you know is false, misleading, promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
11.3.6 promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
11.3.7 contains restricted or password only access pages, hidden pages or images (those not linked to or from another accessible page);
11.3.8 displays pornographic or sexually explicit material of any kind;
11.3.9 provides material that exploits minors under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
11.3.10 provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
11.3.11 solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and,
11.3.12 engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
12. LIABILITY
12.1 Studyseed CIC does not accept any liability for claims arising out of the Tuition Service, including but not limited to, the academic success or lack thereof demonstrated by the student, any act or omission by the Tutor or the Client and any dispute arising between the Tutor and the Client. The User agrees to indemnify the Tutoring Agency without limit in respect to any such claims.
13. DATA PROTECTION
13.1 Studyseed CIC is registered with the Information Commissioner’s Office. We process data collected on the TutorCruncher platform for the purposes of introducing the Tutor to the Client, billing and fee collection and to contact the Tutor and the Client when necessary. All data is handled in line with our Privacy Policy.
14. CONFIDENTIALITY
14.1 The User agrees not to pass on to any third party or use for themselves any data obtained in relation to any other User or Studyseed CIC, other than as required for the purposes of commencing the Tuition Service in line with these Terms and Conditions.