Terms And Conditions

Terms and Conditions

Tutor Agreement

THIS AGREEMENT (“Agreement”) is made and entered into by the Undersigned parties.

CleverClogs Tutoring Limited a company registered in England and Wales, registered number 12532774 and registered office 2nd Floor, College House, 17 King Edwards Road, Ruislip, London HA4 7AE. (“The Company”)

(“The Tutor”)

The Company and The Tutor are the “Party” or “Parties” to this Agreement.

The Company and the Tutor desire to set forth, in writing, the Terms that shall apply to this Agreement.

Definitions

Agreement - This Agreement and no other document

Application - the application filled in to apply to the Company to supply Tutoring services

Booking - the booking of Clients

Client - The clients booked to Tutor for Tutoring Services

Company - CleverClogs Tutoring Limited “Us”, “Our” and “Ours”

Parties - The Parties to this agreement and no other person

Services - The Services supplied by the Company and the Tutor

Site - This Website and no other site

Terms - The Terms and Conditions contained herein

Tutor - “You”, “Your” and “Yours”

1. Background

1.1 www.cleverclogs.co is an educational Website providing educational tutoring services.

1.2 We link Tutors to Clients which includes the booking and paying for lessons by the Clients through the Site.

1.3 The videoing and recording of classes will take place to ensure Tutor and Client safety and security.

1.4 The sign-up process for Tutors: -

Fill out the Tutor profile with qualifications, experience, preferred subjects and personal background.
You will be invited to an online interview, if Your profile fits Our requirements.
If you are successful in Your interview, you will be notified and your details will be added to Our Website as an available Tutor.

1.5 The order in which tutors are listed on our website is random and we will use an algorithm to ensure this. Tutors understand that there is no guarantee as to where they will feature on the list day to day.

1.6 If any one or more of the provisions of these Tutor Terms should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained in this contract shall not in any way be affected or impaired and will be rectified as soon as identified.

2. Acceptance

2.1 You must read all of Our Terms and Conditions prior to making any application to use Our Services.

2.2 If You proceed to make an application which is accepted by Us, it is deemed that You have agreed to all of Our Terms and Conditions, this to include Our Privacy Policy, Cookie Policy and Our Terms of Use of Our Website.

2.3 You must read all of these policies on a regular basis as We update them from time to time.

2.4 It is Your responsibility to ensure that all of Your details are correct and up to date. If any of Your details change, please inform Us immediately. If any information is found to be untrue, inaccurate or out of date, CleverClogs reserves the right to terminate this Agreement with You immediately without compensation or Written Notice.

2.5 We will, after a successful interview, send you a confirmation email. The email will contain the details of the commission rates agreed and is to be treated as an addendum to this Agreement.

2.6 A clear photocopy of the photo page of Your passport and clear copies of Your transcripts/qualifications is to be submitted as part of the application process and if held a clear copy of Your DBS/security check certificate too. CleverClogs shall retain such copies, in line with Our GDPR Policy and upon termination of this Agreement, howsoever terminated, such information held shall be permanently deleted from the company’s records.

2.7 You agree to keep Your CleverClogs login details secure and confidential.

3. Tutor’s Obligations

3.1 Your Obligations to Us: -

3.2 We are only responsible for Our actions and not the actions of any other person, including You, the Tutor.

3.3 Tutors must be over the age of 18.

3.4 You must ensure that all of the information put on any application is accurate and up to date, and verifiable by an independent third party or professional body. Any Information provided, which is subsequently found to be false, misleading or grossly inaccurate will have the effect of immediate termination of this Agreement. See Clause 5.

3.5 When any booking for your Tutoring Services is confirmed, You enter a contract, directly with the Client and these Terms and Conditions apply.

3.6 You will not-approach or directly engage a Client, who has been introduced to You by Us, within a period of twelve (12) months, of Your last booking for or with that Client. To do so will be in strict breach of these Terms and Conditions. Any such action taken will incur a penalty of a £50.00 charge. This is for every session booked outside of these Terms and Conditions.

3.7 Tutors will be reminded of these Terms and Conditions upon a booking being confirmed. Similarly, Clients will be given notice of the same Terms and Conditions.

3.8 All pertinent information disclosed by You for the benefit of the Client will be treated on a strictly Confidential basis. Both Tutor and Client are also bound by these strict terms of confidentiality.

3.9. Any Tutor must ensure that they pay all and any taxes due on monies paid to them, this is not Our responsibility.

3.10 We accept no liability for any actions, of any nature by any Client introduced by Us to You.

3.11 Tutors are accepted and registered with Us but are not employees of Ours.

3.12 Any Tutor introduced by Us is entirely responsible for their own actions.

3.13 Any Tutor contacted by any Client under the age of 18 must ensure that the Client has the appropriate parental or guardian consent and satisfy Yourself as to its authenticity. All contracts with Clients will be with a person (who will be the parent or legal guardian of the pupil) aged 18 or over.

3.14 It is the absolute duty, under the terms of this Contract, for any Tutor to fully disclose any criminal convictions or cautions. Not to do so will be considered a material breach of these Terms.

3.15 It is not a requirement for Tutors to have a DBS check, however We will assist in obtaining one if a Tutor or Client so requests such assistance.

3.16 Any Tutor may, at any time, decline an assignment offered.

3.17 All Tutors must attend, ensure good time keeping for any accepted assignment and treat all Clients with respect and courtesy at all times. Tutors should not commence any lessons until notified by CleverClogs Tutoring Ltd. CleverClogs Tutoring will not be responsible for any costs or loss of fees incurred if any tuition takes place prior to such notification.

3.18 Tutors should use a suitable tablet, laptop or computer with headphones and must provide a neutral background. Whilst engaged in giving lessons all equipment such as laptops, headsets and writing tablets must be fully functioning, configured and checked prior to the start of each tutoring session. One of the following devices must be used: Windows, Apple laptop/desktop, ipad or an Android tablet. Additionally, a good broadband connection with at least 2mb/s upload and download speeds is required. These are the minimum requirements.

3.19 It is Your responsibility to obtain, 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 CleverClogs Services.

3.20 All lessons will be videoed by CleverClogs Tutoring Ltd., to ensure the safety and security of the Tutor and Client. All Tutors must be able to use the online classroom with confidence and fully understand the functionality of the whiteboard, prior to agreeing to any tuition sessions.

3.21 If pupils complete an extended piece of work, a marking session will need to be booked by the Client with the Tutor. Whether a marking session is needed is to be decided by the Tutor.

3.22 Tutors must communicate directly to Us any changes in any tutoring sessions before 24 hours, or as soon as reasonably possible.

3.23 Tutor should show in-depth knowledge of the subject(s) they intend to teach through the Site. Tutors should not agree to any lessons where their knowledge is not of a reasonable level.

3.24 Tutors must not complete, on behalf of a Client, any coursework, homework or any similar assignments.

3.25 Any lessons which are not fully completed due to any technical reason or such other similar reason e.g. power cut etc., the Tutor must make such arrangements at a time suitable to both Tutor and Client to complete the lesson in full. Tutor must inform CleverClogs by emailing supoort@cleverclogs.co within 24 hours of the incomplete lesson, so that We can manage the rescheduling.

3.26 You expressly give your permission to CleverClogs Tutoring Limited to post your profile, and subject details on the CleverClogs Tutoring Site.

3.27 Please read our Website Terms of Use, Our GDPR and Cookie Policy prior to signing this Agreement. You are deemed, upon signing up to have read, understood and agreed these terms and policies.

3.28 You acknowledge and agree that CleverClogs Tutoring Ltd., will post Tutor details on the Website by way of listings.

3.29 You declare that you are not prevented from working with children and Your name does not appear in either of three lists of individuals who are barred from working with children (PoCA list) or with vulnerable adults (PoVA list and List 99).

3.30 You will not publish any abusive or derogatory comments about a Tutor or another Student on the CleverClogs Website or any other place.

3.31 Any inappropriate content is forbidden on the CleverClogs website and when using JARVIS, Your online space. This includes, but is not restricted to the following:

Anything that promotes racism or hatred against an individual or a group of people
Unauthorised copying of someone else’s copyrighted work
Harmful content to minors
Transmits spam mail
False or misleading information
Promotes illegal activities
Defamation
Restricted/password only access pages
Sexually explicit material of any kind
Exploits under 18s in a violent or sexual manner

4. The Company’s Responsibility

4.1 We shall use all reasonable commercial endeavours to seek to find and introduce to You suitable Clients.

4.2 We shall make such enquiries as might be reasonable to ascertain the suitability of any Client We may introduce.

4.3 We provide no warranty or guarantee as to the skills or suitability, of any Client.

5. Termination

5.1 Any Tutor deemed by Us to be in breach of these Terms and Conditions may be immediately terminated and removed from Our Tutor list and barred from using the Website and its Services or any other CleverClogs Tutoring Ltd Services. See Clause 3.4

5.2 If a Tutor remains unresponsive to requests from Us to take Clients for a period of thirty (30) days, CleverClogs Tutoring Ltd., reserve the right to terminate this contract without notice.

5.3 If the Tutor repeatedly fails to perform the agreed Services and/or fails to attend booked lessons, CleverClogs Tutoring Ltd., reserve the right to terminate this contract without notice.

5.4 We shall be the absolute arbiter of this (Clauses 5.1, 5.2, 5.3 and 8.9) and our decision is final and We shall not enter into any arbitration on this matter.

5.5 We have the right to terminate a Tutor’s contract if no lessons are conducted in a six (6) month period.

5.6 In the event of termination, any fees, subject to these Terms and Conditions, and subject to any expenses and disbursements incurred by Us, whether agreed in advance or not, We shall pay or reimburse You for any tuition fees held by Us.

5.7 Any party to these Terms and Conditions may terminate this Agreement by notice in writing to the other party, providing seven (7) days such notice. Such notice will be deemed served upon sending it electronically to the normal contact email address or to the registered office address by pre-paid recorded delivery or to the contact address held by Us and by the same method(s).

5.8 Upon termination We shall pay to you, within one (1) calendar month, any outstanding fees due to you.

6. Payments and Platform Fees

6.1 Tutors will set their own fee level. Guidance will be advised by CleverClogs Tutoring Ltd. Such guidance will be based on the Tutor’s level of experience.

6.2 CleverClogs Tutoring Ltd. shall collect the Tutor fees directly from the Client.

6.3 Payment of the Tutoring fees shall be: -

6.3.1 equal to the gross fees collected by CleverClogs Tutoring Ltd., after deductions;
6.3.2 the deductions from the gross fee shall be;
(a) Any administration charges and/or the platform fee owed to CleverClogs Tutoring Ltd. in connection with this agreement.
(b) The platform fee rate shall be agreed and communicated between CleverClogs Tutoring Ltd. and the Tutor, at the times of the interview and/or acceptance. The rate can vary based on commitment to CleverClogs over periods of 6 months.
(c) CleverClogs Tutoring reserves the right to change the platform fee with fourteen (14) day notice in writing to the Tutor.

6.4 Tutors must request payment on JARVIS, Your CleverClogs online space, in order to request payment from Us. The Client will pay Us for each lesson and we pay You, less the platform fee.

6.5 Payments shall be made on a weekly basis i.e. on the Monday, the cutoff point for raising invoices being midnight (GMT) the Friday before.

6.6 From time to time we will offer students discounts and the discount will be deducted from the gross fee charged by the Tutor. The platform fee will remain the same.

6.7 If any refund is owed to the Client after a Tutor has received fees from CleverClogs, CleverClogs will be entitled to withhold sufficient monies and offset any amounts payable to the Tutor by CleverClogs. Gross Tutor fees collected by CleverClogs thereafter will be used by CleverClogs to refund the relevant Client on the Tutor’s behalf.

6.8 If You refer a Tutor or a student, (i.e. if You bring a student to CleverClogs or you tell a peer about us) and they successfully take a lesson, CleverClogs will pay You a % of the platform fee charged, for each lesson taken. For students, this applies only to lessons taken with Tutors other than You. This will be paid into Your CleverClogs e-wallet.

6.9 You shall indemnify CleverClogs Tutoring Ltd. against all losses resulting from chargebacks and/or refund requests.

7. Cancellation

7.1 In the event of a cancellation by the Tutor;

7.1.1 the Tutor must communicate with the Client at the earliest possible opportunity of any cancellation and reschedule the lesson at a time to suit both Client and Tutor.

7.2 Cancellation or rescheduling of the lesson by the Client;

(a) if the cancellation or rescheduling is within twenty-four (24) the Tutor shall receive 50% of the net fee.
(b) any other cancellations or rescheduling requests by the Clients outside of 7.2 (a) the Tutor shall make every attempt to reschedule at a time which is agreeable to both the Client and Tutor. If this is not possible, a refund will be issued to the Client.

8. Relationship

8.1 You will provide, to booked Clients, the Services as agreed and will be paid the fees as described in Clause 6.

8.2 You acknowledge and agree that We shall have no liability in respect of, or responsibility for the content, nature or any other matter of the Services that You provide to the Client.

8.3 You acknowledge and agree to indemnify Us against any and all claims made against You by other users of the Site who may have used Your services.

8.4 You acknowledge and agree that We shall have no responsibility for the withholding, collection or payment of any taxes, employment insurance premium or pension plan contributions on any amounts paid to You through Your use of and supply of Your Services to others through Our Site. It is therefore necessary for You to keep records of payments made to You by CleverClogs for completion of annual Tax Returns. You agree to fully indemnify CleverClogs for or against all and any demands by HMRC (or equivalent body) to CleverClogs for Income Tax, VAT or National Insurance, or any other claim by HMRC (or equivalent body). This indemnity shall include all expenses and costs, including legal fees, incurred by CleverClogs in dealing with any such claim by HMRC (or equivalent body).

8.5 You acknowledge and agree that as a Tutor, that You may not hold yourself out to be anything other than a Tutor and You are not in any way any part of or affiliated to CleverClogs Tutoring Ltd.

8.6 You acknowledge and agree that We shall not hold nor provide any form of insurance by way of indemnity of any kind (public or professional). You are advised to take out such insurance for Yourself.

8.7 You acknowledge and agree that details, once posted on the site, as permitted, in respect of Your Tutoring, subject and experience, is that all such postings become property of CleverClogs Tutoring Limited.

8.8 You acknowledge and agree that any posting on the site, by Clients, in respect of testimonials of Your services is the property of CleverClogs Tutoring Limited.

8.9 CleverClogs Tutoring Limited will, in every circumstance, investigate any complaint made, of whatever nature, against any Tutor. We will endeavour to resolve any such matters within 48 hours and respond to the Tutor with feedback. If any such complaint is deemed to be upheld and deemed sufficiently serious, We will terminate the Tutor’s contract. Please refer to clause 5.4.

9. Content

9.1 The Rights in the material on the Site are protected by international copyright, software and trademark laws.

9.2 You agree to use the Site in a way which does not infringe those rights.

9.3 The copying of material from the Site, must only be done and is only permitted to be done, for Your own private or domestic use. No copying for any commercial purpose or use is permitted under any circumstances.

9.4 Your Tutoring Services must not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal agreement or permission from the rightful owner.

9.5 If you wish to use our logo(s) to advertise your CleverClogs Tutoring Services independently, you must email us at marketing@cleverclogs.co to seek approval. Any use of our logo without CleverClogs’ approval is a breach of our propriety and intellectual property rights and may result in the immediate termination of the Tutor’s contract.

10. Non-Solicitation

10.1 You hereby acknowledge and agree that You will covenant that during the term of this Agreement that You will not divert any business of Ours, whether or not introduced to You directly or indirectly through the Site, to any other entity, this to include but not exclusively to Your own separate business or that of any other such person.

10.2 You hereby acknowledge and agree that You will covenant, not to solicit or attempt to solicit, interfere or canvas any clients of Ours, whether they were introduced directly or indirectly to You through Us or the Site.

10.21 Under no circumstances must there be any exchange of telephone number, email address, National Insurance number or any other details considered personally identifiable information, that can be used to identify or locate you. The same applies between Tutor and Client and vice versa. All correspondence must go through CleverClogs Tutoring Ltd.
10.22 If any personal details are shared, You must report this to CleverClogs immediately or risk being penalised.
10.23 The consequence of any investigation instigated by You or a Tutor is entirely at CleverClogs’ discretion. We will be the final arbiter of the decision.

10.3 You hereby acknowledge and agree that the obligations provided in this Clause are necessary and reasonable in order to protect Us and You expressly agree that monetary damages would be adequate to compensate Us for any breach by You of the covenants and agreements set forth herein.

10.4 You hereby acknowledge and agree that should You breach clauses 10.1 and 10.2 You shall pay a penalty in a sum equivalent to five (5) times the income received through the Site, by You, in a twelve (12) month period or calculated part thereof or £5000.00 whichever is the greater.

11. Confidentiality and Intellectual Property

11.1 You acknowledge and agree that all of the content of the Site is the property of CleverClogs Tutoring Ltd., and this means it is protected by United Kingdom law and international intellectual property laws and other relevant laws.

11.2 You acknowledge and agree that You may not, other than “ fair use” as provided by part 1, chapter 3 of the UK Copyrights, Designs, and Patents Act 1988, reproduce, copy, distribute or store or in any other way re-fashion or re-use any material from the Site.

11.3 You acknowledge and agree that You will not, unless required to do so by law, disclose or make any disclosure of any confidential information to any person, company or organisation. If You are unsure if the information is confidential You should treat it as though it is. Such confidential information could be, but not limited to;

11.3.1 Any information of any nature disclosed to You whilst You are tutoring any Client introduced to You through the CleverClogs Site.
11.3.2 Any information contained in the Agreement of a financial nature.
11.3.3 Any information contained in this Agreement of an operational nature.
11.3.4 Any information obtained whilst acting as a Tutor through the Site.

11.4 You acknowledge and agree that You will not publish, cause to be made or publish any false, misleading derogatory or disparaging comments or information in respect of any Client introduced to You through the Site or any other such matter in respect of the services supplied by You or other service providers or Us.

11.5 Any personal data/ information that is disclosed must be treated in confidence as per Our Privacy Policy.

11.6 Any term of this Agreement which is intended to apply following termination will continue to apply after termination.

12. Warranties and Liabilities

12.1 We shall not be liable, under any circumstances, for any loss, damage, expense, delay, loss of profit or liability suffered or incurred by You or Your client arising from or in any way connected to Your use of the Site, or in any way connected with Your activities on the Site or the engagement of any Client or by any reason arising out of any technical difficulties of your equipment, of Your lack of skills, qualifications, experience, integrity, suitability or by reason of advice of any kind delivered to the Client, or otherwise by reason of any act, omission, delay, default, whether wilful, reckless, negligent or otherwise on Your part or the part of the Client.

12.2 You warrant that you shall indemnify Us against all and any claims, demands, actions, proceedings and liabilities of Yours or any other third party in connection with Your use of the Site, caused by You during Your use of the Site to a third party or whilst tutoring any Client introduced to You by Us.

12.3 You warrant that You are under no restriction to act as a Tutor on/through this site, either by way of breach of contract, breach of any agreement or any undertaking of a court order.

12.4 You warrant that You have not made any misrepresentation to Us in respect of Your experience and qualifications.

13. Third Party Rights

13.1 This Agreement shall remain valid for the benefit of and shall be binding upon each Party and their successors and assigns. Neither Party shall Assign any right or obligation hereunder in whole or in part, without prior written consent of the other Party.

13.2 Only Us and You may enforce the Terms of this Agreement. The Contracts (Rights of Third Parties) Act is therefore excluded.

14. Entire Agreement

14.1 This Agreement together with any and all schedules shall constitute and represent the entire Agreement between the Parties

14.2 The provisions of this Agreement shall supersede any other prior agreement or any other oral or written contracts or commitments or prior understandings with respect to the subject matter of this Agreement. This Agreement may only be amended by written Agreement of both of the parties.

14.3 If any provision of this Agreement is declared illegal or unenforceable, the provision will become void, leaving the remainder of this Agreement in full force and effect.

15. Dispute Resolution

15.1 You and Us agree and acknowledge that any dispute, claim or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site ( collectively “ Disputes” ), shall be submitted to arbitration.

15.2 If the Parties do not agree upon an arbitrator, either Party may request a nomination from the Chair of the Arbitration.

15.3 You and Us agree and acknowledge that should any dispute arise, that an appointment of an officer from The Centre for Effective Dispute Resolution (CEDR) will be made and his/her recommendation will be adopted.

15.4 You and Us agree and acknowledge that each Party retains the right to seek injunctive or other equitable relief in a Court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a Party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

15.5 You acknowledge and agree that You and Us are each waiving the right to a trial by jury or to participate as a plaintiff or class expert in any purported class action or representative proceedings.

15.6 It is agreed and acknowledged unless both You and Us otherwise agree in writing, the arbitrator may consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceedings.

15.7 If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution,” clause will be deemed void.

15.8 You must inform CleverClogs immediately if You become aware of any dispute or potential dispute between a CleverClogs Tutor and You.

15.8.1 You agree to cooperate fully to resolve any dispute. CleverClogs reserves the right to suspend your account with immediate effect while an investigation is being conducted.
15.8.2 CleverClogs reserves the right to inform a Client or a Tutor respectively of any Dispute raised against them and to provide them with a copy of any response provided by CleverClogs.
15.8.3 In the event of a Dispute prior to receipt of Tutor Fees, CleverClogs reserve the right to withhold Tutor Fees until the Dispute has been resolved.
15.8.4 In the event of any such termination, the Client shall pay for all Tutoring Services already successfully delivered and which are not the subject of a Dispute. CleverClogs nor the Tutor shall be liable for any losses incurred by You after the date of termination.

15.9 Except as provided in clause 15.4, this “Dispute Resolution” section will survive any termination of these Terms.

16. Severance

16.1 In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or unenforceable that/those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.

17. Counterparts and Electronic Signature

17.1 This Agreement may be entered into in any number of counterparts and by the Parties to it on separate counterparts, each of which when executed and delivered shall be an original, but all the counterparts together shall continue on and shall be the same Agreement.

17.2 The Parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature. Without limitation an “Electronic Signature” shall include faxed versions of a regional signature, electronically scanned and transmitted versions of an original or any other electronic means.

18. Law and Jurisdiction

18.1This Agreement and the Terms contained within it shall be governed by and construed in accordance with the laws of England and Wales.

18.2 The Parties hereby acknowledge and agree that they will submit to the exclusive jurisdiction of the Courts of England and Wales.

18.3 CleverClogs may release user information about You if required by law or subpoena, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.

Client Agreement

Introduction

By accessing and using the Site, you acknowledge that You have read, understood and agree to be bound by these Terms, including the Privacy Policy, Cookie Policy and the Website Terms of Use which are all expressly incorporated into these Terms and Conditions, which together form an agreement that is as effective as if you had signed it. If at any time you do not agree to these Terms and Conditions You must leave the Site and You may no longer use the Services.

1. Definitions

1.1 Agreement - This Agreement and no other

1.2 Application - Request for tutoring services

1.3 Client - Any persons, company or partnership wishing to register on the Site for the purposes of receiving the Services provided by CleverClogs Tutoring Ltd “Client”, “You”, “Your” or “Yourself`”

1.4 Company - CleverClogs Tutoring Limited - “Us”, “We” or “Our”. A Registered Company in England and Wales registered number 12532774 and registered office, 2nd Floor, College House, 17 King Edwards Road, Ruislip, London, HA4 7AE.

1.5 Services - Means the tuition offered and any other Services offered on the Site of Ours.

1.6 Site - www.cleverclogs.co

1.7 Terms and Conditions - Our Privacy Policy, Cookie Policy, Website Terms of Use and these Terms and Conditions.

2. Background

2.1 www.cleverclogs.co is an educational website providing educational Tutoring Services.

2.2 We link Clients to Tutors which includes booking and paying for lessons with a Tutor through the Site.

2.3 We provide a listing table of Tutors and detail their preferred subjects. Each Tutor will have their Client reviews available for Clients to read.

2.4 All lessons will be videoed and recorded for the safety and security of both the pupil and Tutor.

2.5 The Site is a platform for Clients and/or pupils and Tutors.

2.51 There is a two-step approach to initially signing up to the Site. If the student is under eighteen (18) years old, parents are required to create an account and accept all Terms and Conditions. Parents shall be responsible for managing the provision of all elements of Tutoring Services on behalf of students including, but not limited to, being responsible for paying Tutoring fees, requesting refunds, topping up the CleverClogs wallet and making referrals. If You are a student who is over eighteen (18) years of age You will be able to manage your own communications and make payments.

2.6 You may view the Site as an unregistered visitor to the Site and Services; however, if you wish to use the Services, You must first register to create an Account.

2.7 Our role is solely to facilitate the availability of the Site and Services and to provide Services related thereto, such as appointment scheduling and payment.

2.8 While We do Our best to ensure all meetings are positive and add value, We are not responsible for Client and/or pupil and Tutor interactions or any information or advice exchanged between them, appointments or otherwise.

2.9 We verify the credentials of all of the Tutors to the best of Our ability. You understand and acknowledge that the Tutors are not employees, agents, contractors, subcontractors or in any way affiliated to Us, but are independent Service Providers using the Site and Services to provide their Services to Site Users.

2.10 You acknowledge and agree that We are not liable for any loss or damage caused by Your reliance on information provided by the Tutors.

2.11 You acknowledge and agree that We offer no guarantee as to the Services received by You. You acknowledge and agree that We have no liability for any loss or damage (howsoever caused) caused to You or by You in Your use of this Site.

2.12 It is Your responsibility to ensure that all of Your details are correct and up to date. If any of Your details change, please inform Us immediately. If any information is found to be untrue, inaccurate or out of date, CleverClogs reserves the right to terminate this Agreement with You immediately without compensation or Written Notice.

2.13 If any one or more of the provisions of these Client Terms should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained in this contract shall not in any way be affected or impaired and will be rectified as soon as identified.

3. Acceptance - Client

3.1 You must read all of Our Terms and Conditions prior to making any application to use Our Services.

3.2 If You proceed to make an application which is accepted by Us, it is deemed that You have agreed to all of Our Terms and Conditions, this to include Our Privacy Policy (GDPR), Cookie Policy and Our Terms of Use of Our Website. If you do not agree to these policies, please do not register on the Site or book any of our Services. You can visit and view these policies by clicking on to our Website and going to the bottom of the leader page at www.cleverclogs.co.

3.3 You must read all of these policies (clause 3.2) on a regular basis as We update them from time to time.

3.4 It is Your responsibility to ensure that all of Your details are correct and up to date with Us. If any of Your details change, please inform Us as soon as reasonably possible.

3.5 You acknowledge and agree that You are 18 years or older and able to form legally binding contracts.

4. Your Obligations - Client

4.1 Your Obligations to Us: -

4.1.1 We are only responsible for Our actions and not the actions of any other person.
4.1.2 Clients must be over the age of 18 and if registering for a pupil under the age of 18, You are giving your full Parental/Legal Guardian’s consent to the pupil participating in the online lesson provided by our Tutors.
4.1.3 Clients under the age of 18 must provide parental or legal guardian consent. Such consent must be a bona fide parental or legal guardian consent, which will be required by Us to be able to process any request for Our online tuition Services.
4.1.4 You must ensure that all of the information put on any application is accurate and up to date. We accept no responsibility for parental or legal guardian disputes.

4.2 When any booking is confirmed, You enter a contract, directly with the Tutor and these Terms and Conditions apply, also see clause 3.1

4.3 Bookings are only accepted on the basis that You have a valid debit/credit card. We accept payments by Stripe, please read their policies which can be found at www.stripe.com.

4.4 You are to pay any and all fees, without deduction and in accordance with these Terms and Conditions.

4.5 All Tutoring fees must be paid in full, without deduction, prior to the next Tutoring session beginning.

4.6 If there are any outstanding fees Your Tutor will be prevented from continuing their Services to You.

4.7 You will be sent an email for your booking and payment must be made to Us, no other person or direct to the Tutor.

4.8 You will not approach or directly engage the Tutor, who has been introduced to You by Us, within a period of twelve (12) months, of Your last booking for or with the Tutor. This will be in strict breach of these Terms and Conditions. Any such action taken will incur a penalty of a £50.00 charge. This for every session booked outside of these Terms and Conditions.

4.8.1 Under no circumstances must there be any exchange of telephone number, email address, National Insurance number or any other details considered personally identifiable information, that can be used to identify or locate you. The same applies between Client and Tutor and vice versa. All correspondence must go through CleverClogs Tutoring Ltd.
4.8.2 If any personal details are shared, You must report this to CleverClogs immediately or risk being penalised.

4.9 Each Clients’ booking will be subject to these Terms and Conditions upon placement of a booking.

4.10 All Clients must provide suitable information through Us, for the Tutor to offer appropriate levels of tuition.

4.11 All pertinent information disclosed by You, for the benefit of the Tutor, will be treated on a strictly confidential basis. Both Tutor and Client are also bound by these strict terms of confidentiality.

4.12 We accept no liability for any actions, of any nature by any Tutor introduced by Us.

4.13 Tutors are interviewed by Us and placed on Our register. They are not employees of Ours.

4.14 Any Tutor introduced by Us is entirely responsible for their own actions.

4.15 It is not a requirement for Tutors to have a DBS/security check, however We will assist in obtaining one if a Client so requests such assistance. You can ask Tutors to see proof of their DBS/security check.

4.16 All pupils must attend all appointments in a timely manner and treat all Tutors with respect and courtesy at all times.

4.17 Clients must communicate directly, to Us and the Tutor, any changes in any tutoring sessions, and in a timely manner but within a minimum of twenty-four (24) hours.

4.18 Clients and/or pupils must not request that Tutors complete any coursework, homework or any similar assignments.

4.19 If pupils complete an extended piece of work, a marking session will need to be booked with the Tutor. This can be done in exactly the same way as a class booking and should be discussed with the Tutor.

4.20 Clients should use a suitable tablet, laptop or computer with headphones and must provide a neutral background. All equipment such as laptops, headsets and writing tablets must be fully functioning, configured and checked prior to the start of each tutoring session. One of the following devices must be used: Windows, Apple laptop/desktop, iPad or an Android tablet. Additionally, a good broadband connection with at least 2mb/s upload and download speeds is required. These are the minimum requirements.

4.21 It is Your responsibility to obtain, 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 CleverClogs Services.

4.22 You will not publish any abusive or derogatory comments about a Tutor or another Student on the CleverClogs Website or any other place.

4.23 Any inappropriate content is forbidden on the CleverClogs website and when using JARVIS, your CleverClogs online space. This includes, but is not restricted to the following:

Anything that promotes racism or hatred against an individual or a group of people
Harmful content to minors
Transmits spam mail
False or misleading information
Promotes illegal activities
Defamation
Unauthorised copying of someone else’s copyrighted work
Restricted/password only access pages
Sexually explicit material of any kind
Exploits under 18s in a violent or sexual manner

5. Our Responsibility to You

5.1 We shall use all reasonable endeavours to seek to find and introduce to You suitable Tutors.

5.2 We shall make such enquiries as might be reasonable to ascertain the suitability of any Tutor We may introduce.

5.3 We provide no warranty or guarantee as to the skills, suitability, qualifications or experience of any Tutor.

5.4 If a Client is dissatisfied with a lesson, they can contact CleverClogs at support@cleverclogs.co, within 24 hours of the lesson taking place, and We will endeavour to investigate the complaint and issue a refund if deemed necessary. We are the final arbiters and the decision remains with us at all times.

6. Termination

6.1 Any Client and/or pupil deemed by Us to be in breach of these Terms and Conditions may be immediately terminated and details removed and barred from using the Website and its Services, or any other CleverClogs Tutoring Ltd Services.

6.2 Any Website user that fails to abide by the Terms and Conditions and the responsibilities hereby shown will be barred from entering and further use of the Website and its Services and any other Services of CleverClogs Tutoring Ltd.

6.3 We shall be the absolute arbiter of this (clauses 6.1 and 6.2) and our decision is final. We shall not enter into any arbitration on this matter.

6.4 In the event of termination, any fees, subject to these Terms and Conditions, and subject to any expenses and disbursements incurred by Us, whether agreed in advance or not, We shall Pay or reimburse to You any tuition fees held by Us.

6.5 Any party to these Terms and Conditions may terminate this Agreement by notice in writing to Us, providing seven (7) days such notice.

7. Fees, Cancellation and Refund Policy

7.1 The Tutors’ fees are individually detailed, this is based upon their experience and our Client feedback. Please see our Website for our Tutors’ details.

7.2 Once you have identified the Tutor you require and the time and date of the supply of the Tutoring session, you will be invoiced by CleverClogs Tutoring Ltd. Payment of the invoice will be confirmation of your Tutoring Session.

7.3 You will be charged a processing fee of 5% on the gross fee charged by the Tutor. This is to cover our administration costs for processing your booking and will be charged at the time of payment.

7.4 Cancellation prior to twenty-four (24) hours of the agreed tutoring session, one of the following options will be agreed:

a) Rescheduling of the lesson.
b) The fee will be refunded, less the administration fee.

7.5 Cancellation or rescheduling within twenty-four (24) hours of the agreed Tutoring session, no refund will be given and 100% of the fees will be deducted.

7.6 Any refund will only be returned to the bank from where it originated and no other, or the Client can opt for the funds to be returned to their CleverClogs wallet and then used towards a future booking. The fee paid will be refunded, less the administration fee.

7.7 In the event of a cancellation or the part completion of a tutoring session (in the event of a technical failure) by the Tutor, every effort will be made to reschedule at a time which is agreeable to both Tutor and Client/pupil. Tutor will contact CleverClogs to inform us of the issue.

7.8 You agree to cooperate fully with CleverClogs in resolving any Dispute with a Tutor.

7.81 In response to a dispute, if any refund occurs, CleverClogs will be entitled, in its sole discretion to refund the Client on behalf of the Tutor in full or in part. In this situation, the Tutor will receive either no Tutor Fees or only part of the Tutor Fees respectively.
7.82 The consequence of any investigation instigated by You or a Tutor is entirely at CleverClogs’ discretion.
7.83 In the event of any such termination, the Client shall pay for all Tutoring Services already successfully delivered and which are not the subject of a Dispute. CleverClogs nor the Tutor shall be liable for any losses incurred by You after the date of termination.

7.9 If there is no account activity for a period of eighteen (18) months, or more, the account will be deactivated and any balance refunded to the Client after an administration fee of 25% is deducted.

8. Referrals

8.1 If You refer a Tutor or a student, (i.e. If You bring a student to CleverClogs or you tell a tutor about us) and they successfully take a lesson, CleverClogs will pay you a % of the platform fee charged, for each lesson taken. This will be paid into Your CleverClogs wallet.

9. Liability

9.1 We accept no liability for any loss (whether direct or indirect, for loss of business, revenue, profits, wasted expenditure, corruption or destruction of data, or technical failure or for any other indirect or consequential loss whatsoever) howsoever arising from Your use of the Site and/or Our Services or the Services of any Tutor introduced by Us.

9.2 We hereby exclude all representations, warranties and conditions relating to the Site and/or Our Services, of Your use of it to the maximum permitted by law.

9.3 You agree to indemnify Us and keep Us indemnified against costs, expenses, claims, losses, liabilities or proceedings arising from Your use or misuse of Our Site and/or Our Services

9.4 You must notify Us immediately if anyone makes or threatens to make any claim against You relating to Your use of the Site and/or Our Services.

9.5 We shall not be liable, under any circumstances, for any loss, damage, delays or loss of profit or liability suffered or any incurred by You arising from or in any way connected to the Company seeking a Tutor, any introduction or lack of a Tutor by Us, the engagement of a Tutor, or by any reason arising out of the lack of selection of the Tutor or otherwise by any reason of the omissions, delay, default or reckless, negligent or otherwise on the part of any Tutor.

9.6 The Client shall ensure that the pupil has a reasonable place for such Tutoring to be carried out.

9.7 The Liability of Us, will not be greater than the costs of the tuition fee or £100, whichever is the lesser, under any circumstances.

10. Content - Proprietary Rights

10.1 The Rights in the material on the Site are protected by international copyright, software and trademark laws.

10.2 You agree to use the Site in a way which does not infringe those rights.

10.3 The copying of material from the Site, must only be done and is only permitted to be done, for Your own private or domestic use. No copying for any commercial purpose or use is permitted under any circumstances.

10.4 Anything You submit will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal agreement or permission from the rightful owner.

11. Passwords and Website Security

11.1 You will be required to choose a password and username to register onto the Site. This password and username must be unique to You. You should make Your password as unique as possible and change it from time to time.

11.2 It is Your sole responsibility to keep secure to only Yourself, the username and password You have chosen which gives You access to the Site. You should ensure that it remains confidential at all times. It must not be shared with any other person.

11.3 You are obligated, under these Terms, to inform Us as soon as such information is known to You of any breach of security involving either Your password or username is brought to Your attention.

11.4 If You are aware, or may be aware or believe or have the suspicion that Your password or username has been used in any unauthorised way, You must advise Us as soon as it becomes known to You and change Your password immediately to prevent any further breach.

11.5 We accept no responsibility or liability for any unauthorised or improper use or disclosure of any password.

12. General

12.1 Rights of Third Parties: -

12.1.1 Only Us and You may enforce the Terms of this Agreement.

12.1.2 The Terms of The Contracts (Rights of Third Parties) Act 1999 are therefore excluded.

12.2 Any provision or provisions which are intended to survive this agreement will do so howsoever this agreement is determined.

12.3 This Agreement, our Privacy Policy, Cookie Policy and Our Website Terms of Use, are the entire agreement and understanding between Us and You. These Agreements supersede all previous arrangements and agreements (if any) relating to the matter herein contained. No purported variation of these agreements will be effective unless agreed by both Parties and in writing.

12.4 If any provisions of these Agreements prove to be illegal or unenforceable, the remainder of these Agreements will continue in full force and effect.

12.5 The failure of any Party to enforce at any time, or for any period, any one or more of the terms of these Agreements will not be a waiver of them, or of the right at any time subsequently to enforce all of the Terms of these Agreements.

12.6 Nothing in these Agreements will create, or be deemed to create, a partnership, or the relationship of principal and agent between the Parties.

12.7 We are not liable for the failure (technical or otherwise) of the Site or the Services at any time by any means whatsoever including by way of vandalism, theft, fire, act of God, war risks, or any other causes or events beyond Our reasonable control.

13. Dispute Resolution

13.1 You and Us agree and acknowledge that any dispute, claim or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site ( collectively “ Disputes” ) shall be submitted to arbitration.

13.2 If the Parties do not agree upon an arbitrator, either Party may request a nomination from the Chair of the Arbitration.

13.3 You and Us agree and acknowledge that should any dispute arise, an appointment of an officer from The Centre for Effective Dispute Resolution (CEDR) will be made and his/her recommendation will be adopted.

13.4 You and Us agree and acknowledge that each Party retains the right to seek injunctive or other equitable relief in a Court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a Party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

13.5 You acknowledge and agree that You and Us are each waiving the right to a trial by jury or to participate as a plaintiff or class expert in any purported class action or representative proceedings.

13.6 It is agreed and acknowledged that unless both You and Us otherwise agree in writing, the arbitrator may consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceedings.

13.7 You must inform CleverClogs immediately if You become aware of any dispute or potential dispute between a CleverClogs’ Tutor and You.

13.71 You agree to cooperate fully to resolve any dispute. CleverClogs reserves the right to suspend your account with immediate effect while an investigation is being conducted.
13.72 CleverClogs reserves the right to inform a Client or a Tutor respectively of any Dispute raised against them and to provide them with a copy of any response provided by CleverClogs.

13.8 If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution,” clause will be deemed void.

13.9 Except as provided in clause 12.4, this “Dispute Resolution,” section will survive any termination of these Terms.

14. Law and Jurisdiction

14.1 These Terms and Conditions and any contract made in accordance with them will be subject to and construed in accordance with the Laws of England and Wales and any Party to them will submit to the exclusive Jurisdiction of the Courts of England and Wales.

14.2 CleverClogs may release user information about You if required by law or subpoena, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.