1. What is Prime Tutor?
1.1 Prime Tutor is an electronic platform through which tutors can offer private tuition providing one-on-one lessons via the internet to student users of the website. Tutors using the website provide online tuition to students at Primary, Secondary, GCSE and A Level.

2. Terms of Service
2.1 This document sets out the terms on which Prime Tutor offers the website and the services. Please take the time to read and review these Terms of Service carefully and make sure that you understand them before using the website and/or the services. Continued use and registration with Prime Tutor is deemed acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, you must cease use of the website and the services immediately. Prime Tutor is free to modify these Terms and Conditions as necessary of which users will be notified.

3. Definitions
In this Terms and Conditions the following terms shall have the following meanings:
3.1 'Tutor' means the person that has appropriate qualifications and experience to provide tuition services and who has the intention of entering into a contract to provide tuition to the tutee or the tutee's nominee.
3.2 'Tutee' , ‘Student’ and or 'Pupil' means a person that uses the Prime Tutor website with the intention of entering into a contractual relationship with a tutor for the provision of tuition services by the tutor to the tutee or the tutee's parent/guardian.
3.3 'Parent, Guardian or Client means the person and/or persons seeking to appoint a tutor on behalf of the tutee.
3.4 'Contract' means the agreement between the tutor and the tutee for the tutor to perform services for the tutee.
3.5 'Session' or ‘lesson’ means any period of time during which a tutor is interacting with a student via the facilities offered through the website.
3.6 'Agency' means Prime Tutor
3.7 'Introduction' means the passing to the client of tutor Information;
3.8 'Agreed Hourly rate' means the rate payable for tuition as agreed between the agency and the client;
3.9 'Free Trial' means a free trial Session with a tutor during which the Student can evaluate the suitability of the Tutor for the tutoring she/he requires.
3.10 'Tutor Information' means contact details of a tutor selected by the agency;
3.11 'Service' means any online facilities, tools, services or information that Prime Tutor makes available through the website either now or in the future.
3.12 'System' means any online communications that Prime Tutor makes available through the website either now or in the future. This includes, but is not limited to, email, message boards, recordings, live chat facilities and email links.

4. Tutor Duties
If you are a tutor, the following provisions apply to you:
4.1 The tutor must be at least twenty one years of age and can provide any references, DBS/PCC checks and proof of qualifications and experience as claimed in your profile, upon request.
4.2 The tutor will be paid on a monthly basis. In practice this means that Prime Tutor will pay tutors monthly. In order for payments to be authorised please note that all session reports must be completed by the end of every month. This is to validate the lesson time and activate the recording link to the student; which is part of our service. Payments cannot be carried over and any reports not completed may result in the tutor not being paid for that session.
4.3 Tutors acknowledge that they are not an employee of Prime Tutor but rather an Independent Contractor, as such you accept full responsibility for all Income Tax, National Insurance and other taxation or employment-related responsibilities arising in connection with your involvement in any Tuition Arrangement.
4.4 Tutors acknowledge that their details may be provided to a tutee via our service, but that tutees are under no commitment to undertake any Tuition Arrangement simply by virtue of them having obtained your details from us.
4.5 Tutors must not try to gain Tutees personal details or engage them for any tutoring business in the future outside of Prime Tutor.
4.6 Tutors should not talk to the Tutees about anything unrelated to their tuition, and should fully utilise the hour/s booked for tutoring.
4.7 If any illegal activities are brought to Prime Tutor's attention, we will take legal action.
4.8 Tutors acknowledge that your Tutor profile and some details entered by you on the Website will be publicly visible and may appear in search engine results.
4.9 The Tutor must contact a Tutee through the Prime Tutor Website. Any other means of communication is prohibited.
4.10 The Tutor must not be in any way be abusive about a Tutee or his nominee on the Prime Tutor Website or any other place.
4.11 The Tutor is responsible for conducting themselves professionally and punctually and for carrying out their role as Tutor professionally. If the Tutee and or Parents/Guardian reject the Tutor for a valid reason, the Tutor will not be paid for any tutoring carried out.
4.12 Any loss of business to Prime Tutor due to a Tutor terminating the contract early may result in the tutor not being paid

5. Tutee Duties
If you are a Tutee, the following provisions apply to you:
5.1 A Tutee, or where relevant their parent/guardian, is responsible for verifying the credentials, expertise, references, CRB/PCC checks and qualifications of any Tutor with whom they enter into or propose to enter into a Contract. Prime Tutor does not offer any guarantee that any information provided on the Prime Tutor website is accurate and correct.
5.2 Before we provide a Tutor's contact details to you, you may be required to submit and confirm information in relation to yourself, your tuition requirements and the terms on which you would be prepared to engage a tutor to provide tuition services. You agree to supply such information and consent to it being shared with potential tutors. 5.3 Should there be any circumstances in which the tutee notices a tutor behaving inappropriately, then the tutee must report this to their parents / Prime Tutor immediately. Prime Tutor will not take any responsibility if tutees do not follow this rule.
5.4 Tutees are not allowed to share any personal details with tutors nor engage in any personal conversation with them.
5.5 Tutees must not under any circumstances use Prime Tutor’s tutors for personal tutoring at a later stage.
5.6 Prime Tutor have the right to take full legal action if we find the tutee has used Prime Tutor’s tutors in the future after leaving Prime Tutor.
5.7 You hereby confirm that you are not less than eighteen years of age. Any person seeking to use the website or our Services who is less than eighteen years of age must arrange for a parent or guardian to register with us on their behalf and that parent or guardian shall be the tutee for the purposes of these Terms.
5.8 A tutee must contact a tutor through the Prime Tutor website. Any other means of communication is prohibited.
5.9 A tutee cannot act as an agent to promote the services or opportunities of a company.
5.10 A tutee must not publish any abusive comments about a tutor or a tutee on the Prime Tutor website or any other place. This include defamatory or derogatory comments.
5.11 Prime Tutor is not responsible for examination entry; this is the sole responsibility of the tutee.
5.12 A tutee must not pay the tutor for lessons in advance. Prime Tutor are not liable for any financial loss that may occur as a result.
5.13 A tutee must not request a tutor to complete coursework, essays, or other assignments on their behalf.

6. Liability and Indemnity
6.1 Prime Tutor shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation, whether direct, indirect or consequential, which may be suffered or incurred by the client arising from or in any way connected with Prime Tutor seeking a tutor for the client or from the introduction to or engagement of any tutor by the client or from the failure of the agency to introduce any tutor.
6.2 The final decision to employ a tutor rests with the client. Prime Tutor can give no warranty, representation or undertaking as to the suitability, honesty or capability of any tutor nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the agency or on its behalf to the employer or as it shall direct in respect of the tutor. Verification of all such information and references shall be the client’s responsibility.
6.3 In no circumstances shall the Prime Tutor total liability to the client, whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise, exceed the fee payable by the client.
6.4 Prime Tutor assumes no liability or responsibility for any errors or omissions in the website; any losses or damages arising from the use of the website and/or the services; or any harm to your reputation or losses resulting from any disclosure of information about you by us as permitted in these Terms of Service. We reserve the right to deliver the website and the services in our sole and absolute discretion.
6.5 Prime Tutor is not responsible for the provision of tutor sessions by tutors.
6.6 In no event shall Prime Tutor, its shareholders, directors, officers, employees or agents be liable to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the website, the services or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage.
6.7 From time to time You may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, You agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
6.8 Prime Tutor specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information appearing on the Website.
6.9 Prime Tutor does not guarantee that a tutor will be secured to meet the tutee's needs.
6.10 Prime Tutor is not responsible for any grade received by a tutee.
6.11 Prime Tutor does not guarantee the quality of study materials provided by the tutor
6.12 Prime Tutor cannot vouch 100% for any of our tutors' character and conduct.
6.13 The selection of Tutors is done with our best knowledge and effort.

7. Cancellation of Contract
7.1 If the Tutor withdraws from the contract at any time, Prime Tutor will endeavour to provide another tutor to the client if requested. The client is not obliged to accept the tutor. Prime Tutor is not obliged to provide another tutor.

8. Cancellation of tuition session by client (Student)
8.1 If the client cancels a tuition session within 48 hours of a scheduled session, the client agrees to pay for the scheduled tuition session.

9. Cancellation of tuition session by tutor
9.1 If the tutor cancels a tuition session within 48 hours of a scheduled session without any genuine reason, the tutor agrees to pay for the scheduled tuition fee to Prime Tutor or a free session should be arranged for the student.

10. Publishing tutor profile in Prime Tutor Website
10.1 Prime Tutor may publish the tutors photograph and details on their website. By agreeing to our Terms and Conditions you are authorising that you are in agreement and personally consent to this. Please note we will only publish photographs, a brief resume of the subjects you offer and the area you are based in; no other personal details will be included.

11. Termination of the contract
11.1 Tutee
If the tutee decides to leave Prime Tutor within the first 2 lessons, then the remaining fees will be refunded without any administration charge. However, if the booking is cancelled after two classes have been completed then the tutee has to pay £50 admin fee and the remaining fees will be refunded.
11.2 Tutor
The tutor is liable to complete all booked classes unless a genuine reason is justified, for example a medical condition or an unexpected situation. If the tutor chooses to leave the booking without any valid reason, Prime Tutor has full right to take legal action against the tutor.
11.3 General
If a tutor/student decides to leave Prime Tutor both parties are not permitted to engage in lessons for 1 year starting from when they leave Prime Tutor. If any evidence is found that they have been engaging in lessons both parties will face legal action according to the prevailing law.
During the class no private numbers or email addresses should be exchanged unless it has been prior written approved by Prime Tutor.

12. Availability of the website
12.1 The Service is provided as is and on an as available basis. We give no warranty that the service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
12.2 Prime Tutor accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
12.3 Prime Tutor may change or discontinue the availability of the website or any part thereof at any time without prior notice. Prime Tutor reserves the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that You violate any of the Terms of Service set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the website.

13. Intellectual Property
13.1 When submitting material to Prime Tutor, students and tutors also grant to Prime Tutor a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material.
13.2 The code, brand, logo and intellectual property of the Prime Tutor website cannot be reused without Prime Tutor consent. All copyright, trademarks, and other intellectual property rights in and relating to the Prime Tutor website (including the material which is contributed by members) are owned by Prime Tutor. It is prohibited to copy, distribute, show in public or create any derivative work from the Prime Tutor website, or any of the material which is found on the Prime Tutor website without consent. 13.3 You are responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display or email or otherwise use via the website or the Service.
13.4 You agree to not use the service to email or upload any content that:
infringes any copyright, intellectual property or other proprietary rights of any party you do not have a right to upload under any law or under contractual or fiduciary relationships contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment poses or creates a privacy or security risk to any person constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable in the sole judgment of Prime Tutor, is objectionable or which restricts or inhibits any other person from using or enjoying the service, or which may expose Prime Tutor or its users to any harm or liability of any type
13.5 Prime Tutor reserves the right to investigate and take appropriate legal action against anyone who, in Prime Tutor’s sole discretion, violates this provision, including without limitation, removing the offending content from the service, suspending or terminating the account of such violators and reporting to the law enforcement authorities. 13.6 You agree to grant Prime Tutor permission to use any images you have independently created and uploaded on our site for any use, including marketing or promotional purposes, without restriction, prior notice or compensating you in any way.

14. Payment
14.1 The tuition fee payable by a student for a session will be displayed on the website at the time of confirming a booking. The tuition fee will also be displayed on the student’s dashboard on the website, in session reminder emails and, following sessions, in emails confirming receipt of payment.
14.2 A tuition fee is the combination of the tutor fee, which will be collected by Stripe on behalf of Prime Tutor, and Prime Tutor’s Platform Fee and supporting services.
14.3 The platform fee is payable by the student in exchange for the provision of the services.
14.4 The Student authorises Prime Tutor to instruct stripe to charge their credit/debit card 24 hours after the scheduled end time of each session for the session fee attached to the relevant booking.
14.5 If any student cancels a booking less than 24 hours before the relevant lesson is due to commence, payment may be taken less than 24 hours after the Lesson is due to end.
14.6 If any student makes a complaint (claiming for a missed lesson, raising a refund request, or making a claim against Prime Tutor’s 100% satisfaction guarantee), charges may nevertheless be processed as usual to collect payment, and refunded as appropriate, in accordance with the terms and conditions.
14.7 For online sessions, students will be charged the full session fee, provided the tutor attended the online classroom for at least 15 minutes from the session’s scheduled start time. No charge will be made to the student if a tutor does not attend for at least the first 15 minutes of a session and, therefore, give the student sufficient opportunity to attend.
14.8 If a session does not take place because a student does not attend, the student will be charged the full session fee.
14.9 Stripe normally transfers a tutor's tutor fee from the tutor's Stripe connected account to the tutor's nominated account within 9 days, provided the relevant ID has been provided and passes Stripe’s verification process.v 14.10 Tutor’s earnings may be held in Escrow until Stripe’s verification requirement is completed.

15. Child Protection
15.1 Prime Tutor seeks to provide the best service possible and provide a safe experience in which children can learn.v 15.2 Prime Tutor takes every step possible to check the credentials of our tutors. However, it is the parent/guardians responsibility to ensure that their child is properly monitored during any tuition session. We strongly advise that during any tutoring session parent/ guardians are present and that the sessions are conducted in an open area.
15.3 All tutors must comply with all relevant legislation and government guidance.
15.4 In the unlikely event that you are unhappy with any conduct from a tutor please contact Prime Tutor immediately; within 24 hours of the class taking place. Prime Tutor do not take any legal responsibility on the above.

16. Changes to these Terms and Conditions
16.1 Prime Tutor may change these terms and conditions by posting the revised version on the website at least 14 days before they become effective. Please check the website from time to time. Users will be bound by the revised terms and conditions if they continue to use the website or the services following the effective date shown.

17. Disclaimer
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

18. General
18.1 These Terms of Service set forth the entire understanding and agreement between You and Prime Tutor with respect to the subject matter hereof.
18.2 Prime Tutor’s Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Prime Tutor website (including any which contain personal information) is, of course, accessible to internet users around the world.
18.3 These Terms of Service are agreed between You and Prime Tutor. No person shall have any rights under or connection with these Terms of Service.