Introduction

 

By accessing and using the Delphi Tutors Website you agree the following terms and conditions. These terms and conditions govern your use of our website; by using our website or by accepting our services, 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 or accept our services.

 

Although care has been taken to ensure the accuracy of the information on the Delphi Tutors web site information on the site is provided without any representation or guarantee and in no event shall Delphi Tutors be liable in connection with the use of the information made available, unless specifically stated otherwise. Delphi Tutors does not guarantee that the web site or the server, which make this web site available, are free from viruses or any other harmful elements.

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The website may provide links to other web sites, which are not under the control of Delphi Tutors. Delphi Tutors shall not be responsible any way of the content of such other webs sites. Delphi Tutors provides such links only as a convenience, and the inclusion of any such web sites does not imply endorsement by Delphi Tutors of the content of such sites.

 

The users should not create a link to this website from another website or document without Delphi Tutors Ltd prior written consent. These terms and conditions shall be governed by and construed in accordance with the laws of the United Kingdom.

 

Copyright in the website and its content rest with Delphi Tutors. All rights reserved.

 

Clients

 

Delphi Tutors acts as agent on behalf of the Tutor and will introduce the tutor to the Client. In order to proceed with Delphi Tutors services, for security purposes the Client must provide at least two methods of contact (one telephone number, and one email address). Delphi Tutors is unable to provide a Tutor without these methods of contact. There are to be no exceptions to this request.

 

Fees and Payment

 

The billing process will be under the control of Delphi Tutors, who shall send an invoice as soon as the Client has agreed on an initial tuition session or series of tuition sessions, unless alternative arrangements have been mutually agreed upon in writing. Payments must be made to Delphi Tutors before the lesson starts. The fees will be calculated at a rate agreed in advance between Delphi Tutors and the Client on a per hour basis, and based upon the agreed arrangements with the Tutor and Client. Delphi Tutors will provide email confirmation once payment has been received. Payments must not be made directly to the Tutor at any time. Delphi Tutors reserves the right to claim from the Tutor any payments made directly and without our knowledge in full, plus a surcharge equal in value to the payments made.

 

For the first lesson, Delphi Tutors charges for the first lesson upfront, and this payment acts as confirmation of the lesson. No tuition can take place until receipt of this payment has been confirmed by Delphi Tutors and email confirmation has been sent. Subsequent lessons are purchased in advance.

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Any lessons cancelled by the Client 24 hours or less before the start date of the lesson are charged at full price. 

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Delphi Tutors reserves the right to request the Client’s credit or debit card details. Any credit or debit card details that the Client supplies will be held securely and may be charged in the event of late or non-payment. As such, Delphi Tutors reserves the right to take payment for invoices from any payment card we may hold from the Client. Any credit or debit card details that you supply will not be passed on to any third party.

 

Expenses

 

All expenses (including books and travel) must be agreed between the Tutor, the Client and Delphi Tutors in advance. Any books or supplies purchased by the Tutor which are not agreed upon by the Client will not be reimbursed by the Client or by Delphi Tutors. We request that, where possible, all receipts for travel and books are kept by the Tutor for accurate reimbursement. We also ask that these expenses are agreed in writing to avoid future disputes.

 

Non – solicitation

 

The Client is not permitted to make private arrangements for tuition with a Tutor introduced by Delphi Tutors. Should a Client breach this obligation, they will be liable to account to Delphi Tutors for all sums paid to the Tutor without deduction, plus a surcharge equal in value to the total sum paid to the tutor, and Delphi Tutors shall be entitled to obtain an injunction against a Client to prevent further breaches. This obligation shall continue notwithstanding termination of this agreement.

 

Liability

 

Delphi Tutors do 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 Delphi Tutors.

 

General

 

Delphi Tutors reserves the right to alter these terms and conditions.

 

Unless otherwise agreed in writing by a Director of Delphi Tutors, 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 Delphi Tutors.

 

Approval

 

Acceptance of our services will be taken to represent agreement to these Terms and Conditions.

 

Tutors

 

Our tutors are all self employed and are responsible for paying their own taxes.

 

The following arrangements are understood and agreed by both parties:

 

General

 

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). Delphi Tutors acts as agent on behalf of the tutor and the student.

 

Delphi Tutors 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.

 

Private Arrangements

 

In consideration of Delphi Tutors providing you with students, you are not permitted to make private arrangements for tuition with clients introduced by Delphi Tutors or with new clients introduced by Delphi Tutors clients. Should you breach this obligation, you will be liable to account to Delphi Tutors for all sums received by you from the client/new client without deduction, plus a surcharge equal to the value of all sums received by you from the client/new client, and Delphi Tutors 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 Delphi Tutors must be billed through Delphi Tutors on your behalf. Delphi Tutors is happy to negotiate on commission for new clients referred to you by our clients but Delphi Tutors must process the billing.

 

Environment

 

You and the client are responsible for finding and agreeing on a suitable environment in which tuition can take place, be that in person on online.

 

Payment

 

Delphi Tutors will agree the fee structure with the client and this must not be changed without written authority of Delphi Tutors.

 

As part of the service, Delphi Tutors will collect the fees due from students and passing them on to you, net of a commission. Delphi Tutors invoices clients on behalf of tutors, based on the arrangements of the Client. Payments will only be made once the invoices have been paid by the client. Please ensure that you fill in your 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.

 

You must keep your time sheet up to date. Delphi Tutors 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. Delphi Tutors sends an invoice to the client, on behalf of and as an agent for you (the tutor) as soon as arrangement agreed. You will not be entitled to receive your fee until Delphi Tutors has received payment from the client. If Delphi Tutors does not receive payment in reasonable time, Tutors may obtain written permission from a Director of Delphi Tutors to invoice the client directly.

 

You must not accept any payment direct from the client without the written permission of a Director of Delphi Tutors. Should you do so, all sums received by you will be immediately payable to Delphi Tutors and shall be actionable through the Courts without further notice to you.

 

You undertake to Delphi Tutors 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 Delphi Tutors under this Agreement and further agree to indemnify Delphi Tutors in respect of all and any income tax and national insurance contributions which may be found due from Delphi Tutors 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.

 

Expenses

 

Delphi Tutors does not deal with any expenses between tutors and clients for travel, learning materials or any other cost outside the fees quoted to clients by the company. Such expenses, if applicable are to be dealt with between the clients and tutor privately.

 

Cancellation policy

 

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 or inconvenience. An alternative date will be arranged. 24 hours cancellation notice of any session must be given by the client, under which Delphi Tutors charges them if they cancel the lesson. Tutors are entitled to 100% of the agreed sessions payment to them if the client cancels within 24 hours, outside which none is provided.

 

Damages

 

Delphi Tutors 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 Delphi Tutors without limit in respect of any such claims.

 

Confidentiality

 

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 Delphi Tutors, except that you may disclose Delphi Tutors’ confidential information as may be required by law, court order or any governmental or regulatory authority.

 

You shall not use Delphi Tutors’ confidential information for any purpose other than to perform your obligations under this agreement.

 

Data Protection Act

 

Delphi Tutors uses tutor data for the purposes of the services that it provides. Tutors providing personal data consent to the use of that data by Delphi Tutors for the purpose of effecting introductions to clients, for billing and fee collecting purposes and to enable Delphi Tutors to contact the tutor from time to time.

 

Delphi Tutors reserves the right to alter these terms and conditions. Delphi Tutors will, however, notify you in writing of any changes.

 

Unless otherwise agreed in writing by a Director of Delphi Tutors, 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 Delphi Tutors.

 

Approval

 

Acceptance of our services will be taken to represent agreement to these Terms and Conditions.