These terms and conditions and all documents referred to in them, herein referred to as the Tutor
out the terms and conditions under which Peerz Academy Limited, a company registered in England and Wales
(with Company No. 10333302) with its registered office at Rivergreen Centre, Aykley Heads, Durham, DH1 5TS
(herein referred to as Peer tutor or We) allows the Tutor (as defined
below), to access and use the Peer tutor Services (as defined below) at www.peertutor.com (the Site)
and Peer tutor application (the “Application) which is dedicated to facilitating the delivery of Tutoring
Services (as defined below) direct to Clients/Students (as defined below), as applicable (the
In these Tutor Terms, references to Tutor, You and Your are
references to the Tutor registered on the Site who wishes to use the Peer tutor Services in order to provide
Tutoring Services. When You use the Site and the Peer tutor Services, You agree that these Tutor Terms apply
any other documents referred to in these Tutor Terms (where
applicable) which are incorporated into the Agreement by this reference. If You are uncertain as to Your
rights under these Tutor Terms (or any other terms and conditions and/or documents referred to in these Tutor
Terms) or You want any explanation about any of them please contact
1.YOUR AGREEMENT WITH Peer tutor
These Tutor Terms govern the activities of Tutors in relation to use of the Peer tutor Service and delivery
of the Tutoring Services. By using the Service, You accept these Tutor Terms in full. Peer tutor reserves
the right to change these Tutor Terms (or any part of them) at any time, effective immediately upon posting
on the Service. Please check the service periodically for any updates to these Tutor Terms. Please read
these Tutor Terms carefully and ensure that You fully understand them before proceeding to use the Site
and/or the Peer tutor Services and/or deliver the Tutoring Services. If You disagree with any part of the
Tutor Terms (or any terms and conditions and/or other documents referred to in them), do not use the Site or
the Peer tutor Services or deliver the Tutoring Services.
Unless the contrary intention appears, the following definitions shall apply in these Tutor Terms as well
as other terms defined in bold throughout these Tutor Terms:
- Account the secure account(s) created by You on sign up which holds Your personal
information and profile and from where You can access the Peer tutor Services via Your Peer tutor Login
and through which you can provide Tutoring Services.
- Client means a person contacting Peer tutor with a view to directly entering into a
formal contractual relationship with a Tutor for the provision of Tutoring Services.
- Client Fees means the amounts collected by Peer tutor from Client on behalf of the
Tutor for the
- Client Ratings means the ratings left by a Client on the application in response to the
performance of the Tutoring Services by a Tutor which is scored on a 1-5 star rating (1 being poor; 5
- Confidential Information means any information which is imparted or obtained under this
Agreement by Peer tutor to You on, before or after the commencement in confidence (whether in writing,
verbally or by other means and whether directly or indirectly) or is of a confidential nature, relating to
the business or prospective business, current or projected plans or internal affairs of Peer tutor
including, but not limited to information pertaining to Clients, logging in, Client Ratings or other
feedback, Peer tutor
correspondence and any other commercial, financial or technical information or other information relating
the business or prospective business of Peer tutor which might reasonably be considered to be confidential
- Contract means the terms upon which, You provide Tutoring Services for any one Client
as agreed between
tutor (on Your behalf) and the Client via the Site.
Current Account means Your nominated bank account which will accept payments by BACS.
Data Protection Legislation the Data Protection Act 2018, the Data Protection Directive
Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice)
of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection
(2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and
all applicable laws and regulations relating to the processing of personal data and privacy, including
applicable the guidance and codes of practice issued by the Information Commissioner.
Dispute means any dissatisfaction expressed by a Client or any complaint made by a Client
or any other
dispute or potential dispute or claim of a Client in connection with the provision of the Tutoring
rendered by You (or the provision of the Peer tutor Services which is communicated to You).
Feedback (s) refers to a type of Tutoring Service which can be arranged and purchased on
the Site and which
is delivered instantly subject to immediate payment of Peer tutor Credits.
Intellectual Property Rights patents, rights to inventions, copyright and related rights,
names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition
rights, rights in designs, rights in computer software, database rights, topography rights, moral rights,
rights in confidential information (including without limitation know-how and trade secrets) and any other
intellectual property rights, in each case whether registered or unregistered and including all
for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection
in any part of the world.
Losses means any claims, losses, demands, actions, third party claims, damages, costs
and legal fees), fines, liabilities, obligations, liens and expenses.
Materials refer to content relating to the Tutoring Services (including images (audio
music, trademarks, symbols, logos and slogans).
Peer tutor Balance refers to the online electronic wallet which holds Sponsor’s Peer
tutor Credits that
be redeemed against the purchase of Tutoring Services from the Tutors on the Site.
Peer tutor Credit(s) represents the pre-paid credits held in the Peer tutor balance with
Services can be purchased from the Tutors on the application upon redemption. One (1) Peer tutor Credit
represents one (1) pound sterling.
Peer tutor Login refers to Your unique username and password.
Peer tutor Payments the amounts retained by Peer tutor from the Client Fees in
consideration for the
provision of the Peer tutor Services to Tutor.
Peer tutor Services the provision of an online platform (i.e. a website) whereupon Peer
tutor provides an
online marketplace for Clients to contact Tutors. The Peer tutor Services further include a database of
Tutors, Students, back office support including customer services, billing, website and IT services
including the use of the virtual classroom.
Peer tutor Tools refers to the minimum requirements for carrying out the Tutoring
Services via the
application including the use of a mobile phone, recommended browser and a broadband internet connection
(with sufficient bandwidth).
PoCA refers to the Protection of Children Act.
PoVA and List 99 refers to the Protection of Vulnerable Adults scheme.
Question(s) refers to a type of Tutoring Service which can be arranged and purchased on
the Site and which
is delivered instantly subject to immediate payment of Peer tutor Credits.
Referral Discount Code refers to the promotional discount code that Peer tutor may
provide to registered
Sponsors to pass on to new prospective Sponsors of potential Students, the value of which can be redeemed
against the first Tutoring Service ordered.
Refund Event means where Peer tutor provides a refund to a Client on behalf of a Tutor
for any reason
including but not limited to:
- a. where Tutoring Services not performed or completed or for any other similar reason;
- b. where a Refund Request Notification is received;
- c. where Tutoring Services are not performed to a Client’s reasonable satisfaction.
Refund Request Notification refers to the email Sponsor must send to Peer tutor to
request a refund of the
funds held in the Peer tutor Wallet by way of Peer tutor Credits.
Selection Process refers to the process determined by Peer tutor from time to time
whereby Tutors may be
selected to provide Tutoring Services to Clients by accessing and using the Site and the Peer tutor
Services means the Peer tutor Services and the Tutoring Services provided by the Tutor.
Student means a person receiving the Tutoring Services via the Site as performed by You.
Tutor means a registered tutor who has been selected to carry out the Tutoring Services
by way of
Tutor Bank Account means the bank account where Client Fees are held on behalf of the
Tutor prior to the
completion of the Tutorial and Peer tutor transferring the Tutor Fees to Tutors.
Tutor Fees means the amounts received and payable by Peer tutor to Tutor less any Peer
tutor Payments (as
distinct from the Client Fees).
Tutor Messaging means the internal notification system available for Peer Tutor to
contact Tutors and vice
versa via the application.
Tutoring Services means the provision of online tutoring by the Tutor to the Client by
way of individual
answers and feedback in real-time and, suitably tailored to meet the individual requirements of the
UGC means user generated content provided (including recordings), uploaded, embedded or
and/ or stored on the Site by the Tutor for the purposes of carrying out the Tutoring Services which may
include but are not limited to, Your profile, text, articles, images, graphics, photos, stories, audio,
video, software, audio-visual combinations, interactive features and other materials in any form, medium
technology now known or hereinafter developed that may be viewed on, accessed through or disseminated
publicly on, the Site for Your use and for use by Peer tutor and a Client.
VAT means value added tax chargeable under English law for the time being and any similar
Written Notice means any notice given under this Agreement shall be in writing and signed
by or on behalf
the party giving it and shall be served by delivering it personally, or by sending it by pre-paid recorded
delivery or registered post to the relevant party at (in the case of the Tutor) its address submitted
the Selection Process and (in the case of Peer tutor), the registered address.
3. BECOMING A TUTOR
3.1 To be entitled to become a Tutor via the Site by making use of the Site and the Peer tutor Services and
delivering the Tutoring Services, You agree that these Tutor Terms apply to that use in full. It is in Peer
tutor’s absolute discretion to decide if You qualify (or continue to qualify) as a Tutor upon successful
completion of the Selection Process. You will first register on the Site and complete a short online
application form (Initial Application). If Your Initial Application is successful, You will
be registered on
the application as a verified tutor and sent the relevant training resources. If successful, You will
complete a further registration by providing a short profile and selecting an avatar.
3.2 In order to provide You with maximum protection, during registration, You will be asked to input Your
username (which will be Your email address) and to choose a password to access your Account on the Service
in accordance with these Tutor Terms. You will keep Your password relevant to the Service confidential and
not reveal it to anyone else. You are responsible for all activities that are carried out under Your
username and password which shall represent Your Peer tutor Login. We do not have the means
to check the
identities of all people using the Site and will not be liable where Your username and/or password are used
by someone else. You agree to notify Peer tutor immediately by email at [email protected] of any
unauthorised use of Your Account of which You become aware (with ‘IMPORTANT – PASSWORD’ in the subject
3.3 Once a Tutor has been selected to provide the Tutoring Services via the Service and has a secure Peer
tutor Login, the Tutor can benefit from full use of the Service and the Peer tutor Services. The Service
enables Tutors to select when they are available to answer questions and provide feedback on students work.
Tutors can promote via Tutoring Services on a freelance self-employed basis to Students who in turn, are
assigned a Tutor to answer questions or provide feedback tailored to their individual requirements.
3.4 Peer tutor reserves the right to suspend or terminate Your ability to render Tutoring Services at any
time and for any reason without liability to Peer tutor. Where terminated, Your Peer tutor Login and Account
shall be deactivated. In particular, and without limitation, Peer tutor reserves the right to terminate your
ability to render Tuition Services and your Peer tutor Login after a one (1) month long continuous period of
inactivity which means that You will no longer be permitted to deliver Tutoring Services via the
application. You will not be permitted to re-access the application and the Peer tutor Services without Peer
tutor’s express written permission.
3.5 You acknowledge and accept that Peer tutor has authority to enter into Contracts (with Clients) on Your
behalf and Peer tutor will notify you of any such Contracts once they are concluded.
3.6 For the avoidance of any doubt, Peer tutor does not provide the Tutoring Services or enter into any
contract with the Tutor, Client and/or Student in respect thereof but simply facilitate the provision of the
Tutoring Services by Tutors to their Clients via the Service.
4.1 When You make use of the Service and when You provide Tutoring Services to Your Students, You must
with any operational and/or other requirements as directed by Peer tutor and as amended from time to time
in accordance with these Tutor Terms. You further and specifically agree to:
a. provide Peer tutor with Your Current Account details (which must be a UK bank current account and held
the Tutor’s single name only) in order to enable payment of the Tutor Fees;
b. provide further answers or feedback(s) (where applicable) to provide feedback to the Client and correct
defective work highlighted following a Dispute investigated by Peer tutor and do so at no cost to any
c. assume all responsibility for Your role as Tutor and for the provision of Tutoring Services to the
which includes the preparation of lessons by the Tutor and becoming familiar with all relevant lesson
on the Site;
d. advise Peer tutor at the earliest opportunity should Your circumstances change in relation to Your
to Peer tutor Tools. You accept full responsibility for any Client Disputes raised as a result of issues
connected to the performance of your Peer tutor Tools affecting the performance of Your Tutoring Services;
e. provide the Tutoring Services with all due care, skill and ability and in a timely manner and in the
interests of the Client and by using such lesson content as provided by Peer tutor from time to time
f. obtain, use and maintain in good working order Your Peer tutor Tools required for You to access and
out the Tutoring Services in accordance with these Tutor Terms. Any problem concerning a technical issue
regarding a Tutor’s personal mobile phone, internet service provider or other Peer tutor Tools is not the
responsibility of Peer tutor.
g. provide the Tutoring Services in accordance with the Client’s legitimate instructions and devote as
time to the provision of those Tutoring Services as may be necessary for their proper performance;
h. provide promptly and give to the Client all such information as they may reasonably require in
with the provision of the Tutoring Services;
i. act at all times in accordance with the highest professional standards;
j. only accept instructions within Your sphere of abilities and competency;
k. notify Peer tutor immediately should You become incapacitated in any way and unable to provide the
Services. Peer tutor can notify any Client concerned if You have not already done so. Depending on the
circumstances, Peer tutor and Tutor shall discuss in good faith a possible postponement of the Tutoring
Services and in relation to the particular Client affected, the postponement or reassignment to another
or cancellation and subsequent refund;
l. use all reasonable endeavours to ensure availability at all times on reasonable notice;
m. pay for all service, telephony and/or other fees and costs associated with Your access to and use of
Peer tutor Services;
n. procure, maintain and pay for the latest available version of security software to protect against the
transmission of viruses and other computer malware during Your access to and use of the Peer tutor
o. ensure that any information provided by You to Peer tutor remains true, accurate, up-to-date and
at all times;
p. Notify Peer tutor immediately if you encounter any inaccuracies in any content on the Site whether in
relation to the lesson content or otherwise;; and
r. Notify Peer tutor immediately if anything inappropriate is communicated or done during the provision of
5. Peer tutor OBLIGATIONS
5.1 In consideration of the Peer tutor Payments, Peer tutor agrees to:
a. provide the Peer tutor Services with all due care, skill and ability and in a timely manner;
b. devote as much time to the provision of the Peer tutor Services as may be necessary for their proper
c. provide promptly and give to the Tutor all such information as they may reasonably require in
with the provision of the Peer tutor Services.
5.2 As an online service, Peer tutor may periodically be unavailable as We perform regular (and emergency)
maintenance and upgrades. Where reasonably possible, these activities shall be notified to You in advance.
Peer tutor makes no warranty, guarantee or representation as to, and accepts no liability for, the
availability or suitability of the Service and/or the Peer tutor site.
5.3 You are solely responsible for validating the interoperability and proper functioning of the Peer tutor
5.4 In exceptional cases, there may be other reasons relating to incompatibility or otherwise as to why You
may be unable to successfully validate and access the Peer tutor Services and/or provide the Tutoring
Services. Peer tutor uses all reasonable endeavours to make the Services available to all Tutors and Clients
and where this is not possible for any reason whatsoever, Peer tutor shall not be responsible nor liable to
You as a result including for any act or omission on Your part relating to Your inability to access the
Services in whole or in part including but not limited to:
a. Your failure to at least meet the minimum system requirements.
6. CLIENT FEES, TUTOR FEES AND Peer tutor PAYMENTS
6.1 Tutor authorises Peer tutor as its agent to accept any credit or debit cards or other forms of payment
approved by Peer tutor in connection with the provision of the Tutoring Services via the application
including Mastercard, Visa and Maestro debit cards on the Tutor’s behalf. Payments will be made through the
relevant app stores.
6.2 Tutor authorises Peer tutor to charge and collect on behalf of Tutor, the face value of Tutoring
Services from Clients. Peer tutor holds all Client Fees (which will be based on the number of undisputed and
completed Tutoring Services) for the Tutor in a dedicated Tutor Bank Account for a limited time and is
entitled to retain the full amount of Peer tutor Payments it charges to Tutor in consideration for the Peer
tutor Services provided prior to releasing the Tutor Fees to Tutor.
6.3 All costs relating to answers and feedback and Peer tutor Payments are reviewable by Tutors and Peer
tutor and any revised fees and charges shall take effective immediately upon posting on the Service and will
be applicable to all bookings made after such posting. Tutors and Peer tutor agree that the costs relating
to Tutorials and Peer tutor Payments as advertised on the Site from time to time will be the cost used for
Peer tutor Services at all times.
6.4 You confirm that You are self-employed under these Tutor Terms, and You are directly responsible to Her
Majesty’s Revenue & Customs (HMRC) for all Income Tax, VAT, other relevant taxes and
Insurance contributions and all matters arising out of any of the aforementioned. It is therefore necessary
for You to keep records of payments made to You by way of Tutor Fees for completion of annual Tax Returns.
You hereby agree to fully indemnify Peer tutor for or against all and any demands by HMRC to Peer tutor for
Income Tax, VAT, other relevant taxes or National Insurance contributions, or any other claim by HMRC,
including any interest or penalties, arising out of Your failure to account properly or at all for any
liabilities to HRMC arising from Your Tutoring Services. This indemnity shall include all expenses and
costs, including legal fees, incurred by Peer tutor in dealing with any such claim by HMRC.
7.1 Peer tutor shall pay to Tutor an amount equal to the gross Tutor Fees collected by Peer tutor, less any
Peer tutor Payments and other charges for Peer tutor Services made in connection with this Agreement. Such
payments shall be made monthly.
7.2 In response to a Dispute, if any Refund Event occurs, Peer tutor will be entitled, in its sole
to refund the Client on behalf of the Tutor in full or in part. In such circumstances, the Tutor will
either no Tutor Fees or only part of the Tutor Fees respectively.
7.3 If any Refund Event occurs subsequent to the Tutor receiving the Tutor Fees from Peer tutor, Peer tutor
shall be entitled to withhold sufficient monies and offset any amounts payable to Tutor by Peer tutor under
this Agreement from any gross Tutor Fees collected by Peer tutor thereafter to enable Peer tutor to refund
relevant Client on the Tutor’s behalf. Peer tutor shall be entitled to repay such monies to the Client at
discretion. The Tutor shall be responsible for all chargebacks and/or refund requests on Tutorials performed
and shall indemnify Peer tutor against all Losses resulting from chargebacks and/or refund requests.
7.4 Tutor authorises Peer tutor to self-bill for all the Peer tutor Services until revoked and acknowledged
writing. Peer tutor shall be entitled to make any settlement payment to Tutor by BACS, whereby funds are
transferred direct to the Current Account of the Tutor (or to such other bank account as the parties agree
writing). Monies should show in the Current Account within three (3) days.
8. INTELLECTUAL PROPERTY
8.1 When using the Peer tutor Services to deliver the Tutoring Services, if You publish any UGC via the
Service by way of e.g. delivering answers and feedback, uploading text or images or videos or contributing
to publicly accessible areas of the Site, You automatically grant:
a. to Peer tutor, a worldwide, non-exclusive, royalty-free, perpetual, transferable license (with right
sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all
UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision
Peer tutor Services, including without limitation the reproduction and sale of the UGC, or any part of
products incorporating the same for use by any person anywhere in the world including promoting and
redistributing part or all of the Services (and derivative works thereof) in any media formats and
b. to each user of the Services whether registered as a Tutor or Client or not, a worldwide,
perpetual, royalty-free license to access Your UGC through the Services, and to use, reproduce,
prepare derivative works of, display and perform such UGC to the extent permitted by the functionality
Services and under the terms of this Agreement.
‘Publicly accessible’ areas of the Site are intended by Peer tutor to be those parts of the Site that
available to all of those visiting the Site whether registered on the Site or not. You acknowledge that
UCG uploaded by You to create Your Tutor profile shall be viewable by all users of the Site and be
via the worldwide web search engines.
8.4 All Intellectual Property Rights in all Materials produced by You pursuant to using the Services shall
be Your property. For the avoidance of doubt, this clause shall not cover any content communicated, posted
or otherwise transmitted to the Site by any third party, including without limitation any material,
communication, information or ideas so communicated, posted or otherwise transmitted by any Students or
8.5 The Intellectual Property Rights contained on the Site and in connection with the Peer tutor Services
cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without Peer
tutor’s written permission. You acknowledge that all Intellectual Property Rights in and relating to Peer
tutor are owned by Peer tutor or Peer tutor’s Licensors.
8.6 No materials, content and Intellectual Property Rights created for and/or used in connection with the
Tutoring Services shall be used in delivery any tutoring or similar services to any person other than
through the Peer tutor Services.
8.7 The Tutor is responsible for any USG they upload into the system. The USG should be of the highest
quality and not be deemed to be prohibited content under section 7.0 in the Terms and Conditions.
9. Incomplete questions and feedback
9.1 In the event that you do not answer a question or provide feedback in the 30 minutes timescale, the
question or feedback will be reallocated to another tutor. You will receive no credits for incomplete
10. CLIENT RATINGS, FEEDBACK AND OTHER ACTIVITIES
10.1 It is a feature of the Service and the Peer tutor Services that the Client will leave Client Ratings.
10.2 Where deemed necessary, Peer tutor is entitled to carry out an investigation upon receipt of negative
Client Ratings (rating of 1, 2 or 3 out of 5) or where a Tutor or a Client reports or raises any feedback,
issues or concerns that they might have with the other at any time. Whether such feedback is complimentary
or more akin to a Dispute, where deemed necessary, Peer tutor is entitled to carry out an investigation upon
receipt of such feedback or comments and in exceptional cases, Peer tutor is entitled to suspend or
terminate Your Account or revoke the licence granted to the Tutor herein to use the Site and the Peer tutor
Services by termination under clause 13.
10.3 Once you submit your answer or feedback, your student will complete feedback or comments or suggestions
for a Client (which a Client will be able to access via their Account).
10.4 Nothing in this Agreement shall prevent the Tutor from being engaged, concerned or from having any
financial interest in any capacity in any other business, trade, profession or occupation during the Term of
Engagement provided that such activity does not cause a breach of any of the Tutor's obligations under this
11. DATA PROTECTION AND PRIVACY
11.1 In respect of any Personal Data (as defined in the Data Protection Act 2018 (the ‘2018 Act’)) processed
by Peer tutor and Tutor pursuant to these Tutor Terms, both parties warrant that they shall comply and will
continue to comply with the Data Protection Legislation and any regulations made thereunder (including but
limited to the Data Protection Principles, as defined in the Data Protection Legislation). These Tutor Terms
11.2 The Tutor hereby agrees that by releasing any Personal Data as submitted by the Tutor on the Site, You
acknowledge that You are wilfully providing Your Personal Data in an attempt to initiate contact with one or
more potential Clients. You understand that by accepting these Tutor Terms, You agree that Peer tutor and
Site are not responsible for any advice or information given by a Tutor who a potential Client elects to
initiate communication with and that by releasing any of Your Personal Data, it is understood that You
forfeit Your privacy and anonymity under these Tutor Terms to the extent necessary to utilise the Services.
11.3 Use of the Service is entirely at a Tutor’s own risk and You must exercise complete caution at all
when dealing with Clients and when entering in to legally enforceable Contracts to provide Tutoring Services
to a Client.
12. CONFIDENTIAL INFORMATION AND PUBLICITY
12.1 The parties acknowledge that by reason of their relationship under this Agreement, they may from time
to time disclose Confidential Information. Each party shall, during the term of this Agreement and
thereafter, keep confidential, and shall not use for its own purposes (other than implementation of this
Agreement) nor without the prior written consent of the other disclose to any third party (except its
professional advisors or as may be required by any law or any legal or regulatory authority) any
Confidential Information which may become known to such party from the other party and which relates to the
other party, unless that information is public knowledge or already known to such party at the time of
disclosure, or subsequently becomes public knowledge other than by breach of this Agreement, or subsequently
comes lawfully into the possession of such party from a third party. Each party shall use its best
endeavours to prevent the unauthorised disclosure of any such information.
12.2 Confidential Information shall not include information that (i) is or becomes generally available to
the public other than as a result of the breach of the confidentiality obligations in this Agreement by the
receiving party, (ii) is or has been independently acquired or developed by the receiving party without
violating any of the confidentiality obligations in this Agreement, (iii) was within the receiving party’s
possession prior to it being furnished to the receiving party by or on behalf of the disclosing party, or
(iv) is received from a source other than the disclosing party; provided that, in the case of (iii) and (iv)
above, the source of such information was not known by the receiving party to be bound by a confidentiality
obligation to the disclosing party or any other party with respect to such information.
12.3 The terms of this Agreement are confidential and may not be disclosed by one party without the prior
written consent of the other party. On termination or expiry of this Agreement, You shall immediately return
all Confidential Information in Your possession together with all copies thereof; or, if required to do so,
destroy all Confidential Information in Your possession, custody or control by shredding or incinerating the
same and/or irretrievably deleting the same if stored on electronic or magnetic media and certify to Peer
tutor that this has been done.
13.1 These Tutor Terms shall commence on the date you sign up to the Service and shall continue unless
a. with immediate effect without notice or compensation pursuant to clauses 3.4, 10.2 or 13.2; or,
b. with immediate effect without compensation upon either party serving Written Notice on the other.
13.2 Peer tutor reserves the right to terminate this Agreement with You immediately without compensation nor
Written Notice if You commit a breach of any of these Tutor Terms, or if:
a. any information provided by You is found to be untrue, inaccurate, out-of-date, or incomplete;
b. Your performance of the Tutoring Services is deemed by Peer tutor in its absolute and sole discretion
c. You act in any way that has brought, or could bring, Peer tutor or its business in to disrepute;
d. You are convicted of a criminal offence or are the subject of any investigation, which may in Peer
opinion affect your role as a Tutor;
e. You are unable to carry out your duties for any reason whatsoever; or,
f. You do not show up at a Tutorial without having cancelled it or You repeatedly cancel Tutorials.
13.3 In the event of any such termination, you will be entitled to receive payment from your client for all
Tutoring Services already successfully delivered and which are not the subject of a Dispute as at the date
of termination but Peer tutor shall not be liable for any Losses incurred by You after the date of
13.4 Either party can terminate immediately upon serving Written Notice on the other if the other:
a. commits a material or persistent breach of its obligations under this Agreement and, in the case of a
breach which is capable or remedy, fails to remedy it after being given seven (7) days written notice
specifying the breach and requiring it to be remedied; or,
b. is unable to pay its debts, becomes subject to an administration order or makes any voluntary
or composition with its creditors, or an encumbrancer takes possession of or a receiver is appointed over
property or assets of the other party or the other party is wound up or ceases or threatens to cease to
on business except for the purposes of reconstruction of the business or, in the case of an individual, is
13.5 Termination or expiry of this Agreement shall not affect the rights or liabilities of either party
accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by
implication to survive termination or expiry.
13.6 Any provision of this Agreement that expressly or by implication is intended to come into or continue
in force on or after termination of this Agreement shall remain in full force and effect.
14. WARRANTIES AND INDEMNITIES
14.1 As Tutor, You hereby warrant, represent and undertake to Peer tutor that:
a. You have the necessary qualification or experience to provide the Tutoring Services in the subject(s)
offer in Your profile on the application;
b. You are personally responsible for the information posted by You on the application and submitted
throughout the Selection Process which You state is accurate and up-to-date;
c. You are self-employed and responsible for Your own income tax, national insurance and other liabilities
payable and as further referred to in clause 6;
d. You are wholly responsible for the appropriateness and the content of any UGC used and/ or submitted by
on the Site;
e. You will comply with all the Tutor obligations set out at clause 4;
f. You will only ever contact a Client via the Application and or Site;
g. You agree at all times to comply with the provisions of the Data Protection Legislation;
h. You shall not, without the prior written consent of Peer tutor, at any time from the date of
of these Tutor Terms to the expiry of six (6) months after termination of these Tutor Terms (whereupon
Account and Peer tutor Login are deactivated), solicit or encourage one to one tuition or other tuition
services either in person or online to a person who is, or has been, a Client or Student introduced to You
Peer tutor. You shall not therefore cause (or in part contribute to causing) the circumvention or
the payment of any applicable fees to Peer tutor, by entering into transactions direct with a person who
or has been a Client introduced to You by Peer tutor which results in the loss of actual or potential
opportunity or revenue for Peer tutor or otherwise results in any form of financial return or
to, or for the benefit of, the Tutor thereby causing a detriment to Peer tutor. In the event of Peer tutor
being circumvented, Peer tutor shall be entitled to a legal monetary penalty equal to maximum
or applicable Peer tutor Payments as reasonably determined by Peer tutor plus any or all Losses incurred
recovering the lost revenue. The obligations contained herein shall continue without limit of time.
i. in offering Your Tutoring Services via the application, You are complying with all applicable laws,
regulations and codes of practice including, but not limited to, relevant legislation for the protection
businesses and consumers alike and which regulate the activities of the online environment;
j. If you are not VAT registered you will not charge a Client VAT for Your Tutoring Services;
k. You have read, understood and familiarised yourself with, and agree to comply with, our
Policies and Procedures which can be accessed here in
respect of child protection and online safety;
l. You are not prevented from working with children and Your name does not appear in either of three lists
individuals who are barred from working with children (PoCA list) or with vulnerable adults (PoVA list and
14.2 The Tutor shall indemnify and hold harmless Peer tutor (and any Peer tutor Client as the case may be)
demand, and shall keep Peer tutor (and any Peer tutor Client) fully and effectively indemnified against any
and all Losses arising out of or in connection with:
a. any breach of these Tutor Terms or breach of obligation or warranty by the Tutor or the acts or
of a Tutor (other than and to the extent that any losses arise directly from breach of these Tutor Terms
Peer tutor or by Peer tutor’s negligence); and,
b. any and all claims, complaints or legal proceedings instigated by a Client against Peer tutor.
15. LIMITATION OF LIABILITY
15.1 You agree that subject to clause 15.2 and 15.3, We shall in no circumstances be liable to You in
contract, tort (including negligence), for breach of statutory duty or otherwise arising under or in
connection with this Agreement, the Peer tutor Services and/or the Site for any indirect or consequential
losses, special or incidental loss or damage (whether direct or indirect), any loss of profit, loss of
anticipated profits, loss of business, data, loss of opportunity, loss of revenue, loss of, or damage to,
goodwill, loss of reputation, loss of anticipated savings, loss of use or corruption of software, data or
15.2 Subject to clause 15.1 and 15.3, Our liability to You whether in contract, tort (including negligence),
breach of statutory duty or otherwise arising under or in connection with this Agreement, the Peer tutor
Services and/or the Site, shall in no circumstances exceed, and be limited to, the total Peer tutor Payments
actually earned by, and paid to,Peer tutor in the six (6) months preceding the date on which the liability
15.3 Nothing in these Tutor Terms is intended nor shall it be construed as an attempt by any party to
exclude or limit its liability for any liability which cannot be excluded or limited under applicable law,
including without limitation its liability for death or personal injury caused by its negligence or for its
15.4 For clarification, the Peer tutor Services are designed to be used within the territory of the United
Kingdom and except as expressly set out in this Agreement, Peer tutor gives no warranties and excludes all
other express or implied terms, conditions and warranties to the fullest extent permitted by law.
15.5 This clause 15 shall survive termination of this Agreement for any reason.
16.1 Negative feedback (rating of 1 or 2 out of 5) reported to Peer tutor by Clients via the Site may be
investigated. The parties agree that they shall attempt in good faith to resolve any Dispute or claim
through negotiations between You and an officer of Peer tutor. Peer tutor will use all reasonable endeavours
to provide a written response via email to any issue raised by a Client or a Tutor via the Site within
fourteen (14) days. Peer tutor reserves the right to inform a Tutor or a Client respectively of any Dispute
raised against them and to provide them with a copy of any response provided by Peer tutor.
16.2 You must inform Peer tutor immediately if You become aware of any Dispute or potential Dispute between
Peer tutor Client and You and/ or Peer tutor in connection with the provision of the Tutoring Services
rendered by You.
16.3 You agree to cooperate fully with Peer tutor in resolving any Dispute with a Peer tutor Client.
16.4 Peer tutor reserves the right to suspend Your Account with immediate effect while an investigation is
conducted. Your Account may be reactivated once an investigation has been completed.
16.5 In the event of a Dispute prior to receipt of Tutor Fees, Peer tutor reserve the right to withhold
Fees in accordance with clause 7.3 until the Dispute has been resolved.
16.6 The consequence of any investigation instigated by a Client is entirely at the discretion of Peer
Assignment: You shall not, without the prior written consent of Peer tutor, assign, transfer,
sub-contract or deal in any other manner with all or any of your rights or obligations under these Tutor
Terms. Peer tutor may at any time assign, transfer, charge, sub-contract or deal in any other manner with
all or any of its rights or obligations under these Tutor Terms.
Enforceability: If any one or more of the provisions of these Tutor Terms should be held to be
illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions
contained herein shall not in any way be affected or impaired and the parties shall amend these Tutor Terms
to add a new provision having an effect as near as legally permissible to the one held to be invalid,
illegal or unenforceable.
Entire Agreement: These Tutor Terms together with the documents referred to in them (including,
of Service constitutes the entire
agreement between You and Peer tutor in relation to Your use of the Site and the Services and supersedes any
prior representations, inducements or agreements relating to its subject matter. Each of the parties
acknowledge and agree that in entering into the terms of this Agreement it does not rely on any undertaking,
promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any
person (whether party to this Agreement or not) relating to the subject matter of this Agreement other than
as expressly set out in this Agreement.
Status: The Tutor and Peer tutor are independent contractors, and no partnership, joint venture,
employer-employee or franchisor-franchisee relationship is intended or created and neither shall have any
authority to bind the other in any way save as in accordance with this Agreement. This Agreement constitutes
a contract for the provision of services and not a contract of employment and accordingly the Tutor shall be
fully responsible for any income tax, national insurance and social security contributions.
18. LAW AND JURISDICTION
All of these Tutor Terms are governed by English Law and any disputes arising in relation to the Tutor
Terms, the Site or the Services are subject to the exclusive jurisdiction of the English and Welsh Courts.
We keep our statement under regular review. This statement was last updated on 7th March 2019.