We ask all parents to please read Tomato Tutors’ Terms & Conditions carefully before accepting by filling the form at the bottom of this page.
“Assignment” means the course of Hourly Tuition required by the Client as set out and agreed in the Confirmation Correspondence;
“Assignment End Date” means the date on which the Assignment will end as agreed (if at all) in the Confirmation Correspondence;
“Assignment Start Date” means the date on which the Assignment will begin as discussed and/or set out in the Confirmation Correspondence;
“Client” means the parent or legal guardian of the person for whom the tuition is arranged (also referred to in these Terms and Conditions as “you”);
“Company” means Tomato Tutors Limited, a company registered in England and Wales, with company number 09014197, whose registered office is at 64 Leslie Road, London, N2 8BJ (also referred to in these Terms and Conditions as “we”, “us” and “our”);
“Confirmation Correspondence” means the Conversation, the Summary and/or any subsequent correspondence between us which sets out, confirms or clarifies the details of an Assignment.
“Conversation” means the initial conversation between us referenced at clause 4.3.1;
“Fee” means the fee payable to The Company for the Tutoring Services as set out in clause 5;
“Hourly Tuition” means Tuition sessions taught on an hourly basis.
“Standard Hourly Fee” means the hourly charge for the Tutor’s services.
“Summary” means the summary of the Conversation referred to in clause 4.3.2;
“Tuition” means Hourly Tuition as agreed as appropriate or Admissions Advisory (when relevant)
“Tutor” means the person who is registered with The Company to provide educational tutoring services and who accepts an Assignment with you;
“Tutoring Location” has the definition discussed/set out in the Confirmation Correspondence.
2.1 These Terms and Conditions as outlined here (and any document referred to in them including the Confirmation Correspondence) contain the entire agreement (“Agreement”) between us and you and supersede any prior agreement between us relating to their subject matter.
2.2 These Terms and Conditions apply (and shall be deemed to be accepted by you) as from the date on which The Company first notifies you that these Terms and Conditions will apply or the date on which The Company introduces the services of a Tutor to you or the date on which you confirm or send any subsequent Confirmation Correspondence with/to The Company, and shall apply thereafter in relation to each subsequent introduction of a Tutor to you by us and/or any subsequent Confirmation Correspondence we may have in relation to the first Assignments and/or any subsequent Assignment or subsequent potential Assignment.
2.3 Unless otherwise agreed in writing by The Company, these Terms and Conditions shall prevail over any other terms of business or conditions put forward by you. To the extent that there is any conflict or inconsistency between any Confirmation Correspondence and the terms contained herein the terms contained in the Confirmation Correspondence shall take precedence for the relevant Assignment.
2.4 The Tutor is engaged by The Company as a self-employed Tutor and nothing contained within this Agreement shall constitute the relationship of employer and employee and/or worker or a partnership between The Company and the Tutor, or between you and the Tutor. If the Tutor is employed by The Company then nothing contained within this Agreement shall constitute the relationship of employer and employee and/or worker or a partnership between you and the Tutor.
2.5 To the extent that the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the “Regulations”) apply to these arrangements The Company shall operate as an “employment business” as defined within the Regulations. Notwithstanding the foregoing, some Tutors work on an independent self-employed basis. It is therefore, not necessarily accepted that the Regulations apply to the supply of Tutoring services under this Agreement.
3. Obligations for the company
3.1 We will use reasonable endeavours to introduce to you a suitable Tutor to carry out Tutoring as explained by you in the Conversation in advance of the Assignment commencing in accordance with clause 4.1. You accept that no warranty as to the suitability of the Tutor can be given by us.
3.2 We will ensure that prior to introducing you to a Tutor, we have received from the Tutor:
3.2.1 evidence to his or her identity
3.2.2 confirmation that he/she has the training, experience, qualifications and/or any authorisations which you have indicated to us are necessary for the relevant Role and/or which are required by law or a relevant professional body; and
3.2.3 confirmation that the Tutor is willing to enter into the relevant Assignment.
3.2.4 confirmation that the Tutor holds a current DBS check from The Company.
4. Obligations of the client
4.1 You shall explain in our initial Conversation your exact requirements by providing full details of the subject areas and academic courses for which you require the services of a Tutor. You shall also notify us if you require a Tutor with any special skills (for example, knowledge of specific texts or academic syllabi).
4.2 You are responsible for providing a suitable environment in which online tuition and/or face to face tuition can take place; this includes adequate lighting and desk space, in a non-disruptive environment.
4.3 For each Assignment The Company will:
4.3.1 ask you to confirm in an email certain information during the Conversation as outlined in clause 4.1;
4.3.2 we are then entitled to send details of the prospective Assignment to prospective tutors;
4.3.3 we will then identify a prospective tutor who we believe should match the requirements;
4.3.4 You will then need to confirm via email whether you would like to commence Tuition with the Tutor that we have identified for you;
4.3.5 once we have received the confirmation set out at 4.3.4 we will assign the Tutor to provide the Tuition during the relevant Hours; and from the relevant Assignment Start Date until the earlier of the Assignment End Date (if any) and/or the date on which the Assignment is terminated in accordance with these Terms and Conditions and/or the relevant notice period (if any) discussed/set out in the Confirmation Correspondence.
4.4 You are obliged to pay us a Fee as and when such Fee falls due in accordance with clause 5 of these Terms and Conditions.
5. Fees and payment
5.1 Once an Assignment has commenced you will need to pay The Company a Fee. This clause sets out how the Fee will be calculated and when the Fee will be payable. The fee process will be under the control of Tomato Tutors who will send an invoice to the client at the end of each calendar month.
5.2 The Fee will consist of one or a number of the relevant charges as set out at Schedule 1. Some components of the Fee are fixed and their value is set out at Schedule 1. Other components of the Fee (such as the Standard Hourly Fee) will vary depending on the Assignment and/or the Tutor and the value of such charges will be confirmed to you in the Confirmation Correspondence.
5.3 To help us calculate the Hourly Tuition Fee, the Tutors supply us with a record of the number of hours which he/she has spent providing Tuition. Where Tuition has been provided we will charge you in full for all time actually worked by the Tutor at the Standard Hourly Fee rate in accordance with this Agreement. We suggest that you keep your own record of tuition dates and times. The Tutor submits the timesheet to us at the end of each calendar month.
5.4 You do not pay the Tutor directly. We will send you an invoice to cover the fee payable to us.
5.5 You may pay your invoice by direct bank transfer.
5.6 It is agreed that you as the sender elect to pay all fees and bank charges for international bank transfers.
5.7 Payments must be made to Tomato Tutors on presentation of invoice and in any case no later than 5 working days of the date of invoice.
5.8 We reserve the right to charge interest in respect of any amount outstanding after 10 working days from the date of invoice up to and including the day of payment at the rate of 4% a year above the base rate from time to time of Lloyds Bank plc.
5.9 Payments for the group lessons carried out at a learning centre must be paid for in a block booking prior to the first lesson of each block booking. Block bookings will follow state school term dates. The centres do not run during half term and school holidays, unless a revision course is being provided. In the case of revision courses, there is a separate fee and booking arrangement.
5.9.1 Intensive revision courses or study sessions, for either individual or group sessions, will require payment before lessons commence. The fee will be agreed to via email with The Company and The Client, and an invoice will be emailed accordingly.
6. Cancellation, termination and rearranging lessons
6.1 Cancelling a lesson (Hourly Tuition placements). Please ensure that you and the Tutor are agreed on the arrangements for each lesson. If you need to cancel or change a lesson, please call or email the Tutor and/or The Company directly. Tutorials that are cancelled by you with less than 48 hours’ notice will be charged for in full. For the avoidance of doubt, notice to cancel a lesson given in accordance with this clause will not necessarily terminate an Assignment and/or this Agreement.
6.1.2 Cancelling a lesson (Group session at a centre). Whereby a student is unable to attend a group lesson, the parent is required to contact Tomato Tutors via email to give notice of their absence. The Client is required to pay for all the lessons where the centre is open. One lesson per 8 weeks can be redeemed, should The Student be absent at no extra cost. This lesson can be redeemed over 2 x 30 minute sessions, which can be added on to either the end or beginning the usual booked lesson time, with agreement from The Company via email.
6.2 Rearranging lessons – both you and the Tutor must give reasonable notice to each other of any holiday commitments you may have; and any changes to the tuition timetable necessary because of illness. An alternative date will be arranged.
6.3 Replacement tutors – in the event that you reasonably believe that the Tutor is for whatever reason unsuitable, please let us know as soon as possible. We will use reasonable endeavours to introduce you to a suitable replacement tutor.
6.4 Terminating an Assignment with a specific Tutor – where tuition is not agreed for a specific period, please give at least two weeks’ notice of the end of tuition in writing both to your Tutor and to us so that your Tutor may conclude his or her work with the student and plan his or her commitments.
6.5 Terminating this Agreement generally – either Party may give the other Party two weeks written notice terminating this Agreement at any time, notwithstanding that either party may give notice in writing to the other terminating this Agreement with immediate effect if:
6.5.1 the other party commits any material breach of any of the terms of this Agreement and that breach (if capable of remedy) is not remedied within two weeks after notice being given requiring it to be remedied;
6.5.2 the other party becomes bankrupt, insolvent or becomes the subject of a receiving or winding-up order, makes any composition with its creditors or has an administrative receiver appointed over all or part of its undertaking or assets, or either party ceases, or threatens to cease, to carry on business.
7.1 If you have a complaint against the Tutor or against us, you must inform us of that complaint within 24 hours of the occurrence that gave rise to it by sending an email firstname.lastname@example.org
7.2 We introduce tutors in good faith and in the belief that he or she will perform to the best of his or her abilities. However, to the extent that the Tutor is a self-employed professional we cannot guarantee the performance of the Tutor. Any opinion expressed by the Tutor is not necessarily an expression of the opinions of The Company.
7.3 Neither The Company nor any of its staff shall be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you arising directly or indirectly from or in any way connected with the introduction or supply of a Tutor to you or with any failure by The Company to introduce or supply a Tutor and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with:
7.3.1 failure of the Tutor to meet your requirements for all or any of the purposes for which he or she is required by you;
7.3.2 any act or omission of a Tutor, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; and
7.3.3 any loss, injury, damage, expense or delay incurred or suffered by a Tutor, provided that nothing in this clause 7 shall exclude or restrict the liability of The Company to you for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be so limited under any applicable law.
7.4 Clause 7.3 hereby is also applicable to The Company’s services in admissions advisory to schools and universities and admissions consultancy.
8. Private arrangements
8.1 You are not permitted to make private arrangements for tuition with Tutors introduced or supplied by us.
8.2 By confirming Tuition, you undertake not to make any such arrangements with any Tutor registered with us either during the term of this Agreement or for up to one year following its termination.
8.3 Should a Client breach this obligation, they will be liable to account to The Company for all sums paid to the Tutor without deduction and The Company shall be entitled to obtain an injunction against a Client to prevent further breaches. This obligation shall continue notwithstanding termination of this agreement.
9. Responsibilities of the tutor
9.1 With respect to face to face tuition, a Tutor is not responsible for chaperoning minors, nor guarding a house and/or household effects. Please ensure that a responsible adult is on the premises at all times.
10. Data protection
10.1 The Company and the Client shall comply with their respective obligations under the Data Protection Laws.
10.2 The Company shall procure that each of their Tutors shall also comply with their respective obligations under Data Protection Laws at all times.
10.3 By entering into this Agreement you consent to our use of your, and where you are the parent or legal guardian of the individual receiving Tutoring to use that individual’s, personal data for the purpose of providing the Tutoring which may include (without limitation) effecting introductions to Tutors, use of such data for billing and/or fee collecting purposes and/or to enable us to make contact from time to time.
10.4 For the purposes of this Agreement:
10.4.1 “Data Protection Laws” means the Data Protection Act 1998, as well as any applicable statutory or regulatory provisions and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data.
11.1 No modification or variation of this Agreement shall be effective unless a Director of The Company consents in writing to such modification or variation and/or as set out by the Company regarding a specific Assignment in the relevant Confirmation Correspondence.
11.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions hereof and the remainder of the provision in question shall not be affected thereby.
11.3 Any waiver of any breach of, or default under, any of the terms of this Agreement by us, shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of this Agreement.
11.4 We shall be entitled to transfer or assign the benefit and/or burden of this Agreement.
11.5 The expiration or termination of this Agreement, howsoever arising, shall not operate to affect such of the provisions of this Agreement as are expressed to operate after then.
11.6 Any notice to be given by one party to the other hereunder shall either:
11.6.1 be communicated verbally initially and confirmed in writing immediately;
11.6.2 be communicated directly in writing and sent (either by post or electronic means) to an address designated for use by the intended recipient.
11.7 This Agreement does not create any rights or benefits enforceable by any person not a party to it (within the meaning of the Contracts (Rights of Third Parties) Act 1999).
11.8 Neither party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances shall promptly notify the other party in writing whether such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than 2 weeks, either party may terminate this Agreement by written notice to the other party.
12. Governing law and jurisdiction
12.1 This Agreement (and any non-contractual obligations or dispute or claim arising out of or in connection with it or its subject matter) shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.