Terms/Conditions

  1. Friendlytutors & Educational Consultancy (FTEC) Rights and Responsibilities.

By using FTEC’s platform, www.friendlytutors.co.uk  you are fully accepting the terms and conditions contained in this Agreement,  including disclaimer and limitations. If you do not accept these Terms and Conditions, you must immediately stop using the website.

  1. Introduction

We thank you for your interest and contributions to the continuous improvement of our services and platform.

1.1 FTEC provides introductions of Tutors to Clients and vice versa; It collects fees from the Client on behalf of the Tutor together with its own fee relating to its administration, use of platform and introduction commission. The hourly rate for tuition includes the tutor’s fees and FTEC’s own fee.

1.2 Friendlytutors & Educational Consultancy is a limited liability company registered in England and Wales(Reg. No: 14595380) with a registered office at: Suite C, 107-109 The Grove, London E15 1HP herein referred to as “FTEC” or “We” set out the following terms and condition upon which FTEC offers a client i.e., the person visiting the Platform herein referred to as “You” and “Your” an Agreement to use the Platform and the Services.

1.3 You may register on the Website as a Student or as a Tutor. You may use the Website without registering, but if You do register, certain information will be stored, making future visits to the Website easier.

1.4 By using any of the Services and the Platform, You expressly agree to be bounded by this Agreement and all applicable laws and regulations governing the Platform and FTEC Services. The Agreement forms a legally binding agreement between You and Friendlytutors are in relation to Your use of the Platform and/ or the Services and applies to all users of the Services whether registered or not on the Platform and who may also be contributors of post on the Platform. You should read this Agreement carefully and ensure that You understand the effect before proceeding to use FTEC Platform and/or the Services. If You disagree with any part of the Agreement, do not use the Platform for the purpose of the Services. If You violate the Agreement, FTEC may terminate Your use of the Platform, bar You from future use of the Platform, and/or take appropriate legal action against You.
1.5 Certain words are defined under Definitions of these terms and conditions and are capitalised throughout.

  1. Contents of the website: With the exception of clips, videos, documents user-generated content (UGC) submitted to the Platform by You, all other content and the selection and arrangement of such content on the Platform is either owned by or licensed to FTEC Limited, and is subject to copyright, trademark rights, and other intellectual property rights of FTEC limited and FTEC trustees. Such Content is protected by UK copyright laws and international laws. Any third-party trade or service marks present on FTEC platform not uploaded or posted by You are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of FTEC limited or, where applicable, FTEC ’s trustees. FTEC and its licensors reserve all rights not expressly granted in and to their Content.
  2. All copyright, trademarks and all other intellectual property rights on the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Friendlytutors & Educational Consultancy limited or otherwise used by Friendlytutors & Educational Consultancy limited as permitted by law. In accessing FTEC platform you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold, or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying, and/or printing of pages of the Website for personal, non-commercial home use only.
  3. Conduct: You agree to provide true and accurate information when using the Platform. You may NOT use another person’s email address, Account details or the name of another individual when using this Platform and agree to notify FTEC immediately of any unauthorised use of Your email or any other breach of security. Although FTEC cannot monitor the conduct of users off the Platform, it is a violation to use any information obtained from this Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to solicit or sell to any user without their prior explicit consent.
  4. Permitted use of the platform:

You may view Platform pages, download Platform pages for collection purposes only, and print Platform pages (excluding Platform images). You agree that You are only authorised to visit, view and to retain a copy of pages of this Platform for Your own personal non-commercial use.

  1. Restrictions for use: FTEC grants You permission to access and use the Platform and the Services subject to the following express conditions, and You agree that Your failure to adhere to any of these conditions shall constitute a breach of this Agreement on Your part. You agree:

6.1 Not to sell, license, rent, distribute, or otherwise exploit any content of the platform for any other purposes without the prior written consent of FTEC or the respective licensors.

6.2 Not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of or parts of the Platform or the Services, including but not limited to any content, in any medium without FTEC’s prior written authorisation, unless FTEC makes available the means for such activity through functionality offered by the Services.

6.3 Not to alter or modify any part of the Platform or any of the Services or use the same in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

6.4 Not to access website content through any technology or means other than the Platform itself or such other means as FTEC may explicitly designate for this purpose.

6.5 Not to access or attempt to access the Accounts of other Clients or Tutors or penetrate or attempt to penetrate FTEC ’s security measures.

6.6 Not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Platform or the Services or features that (i)prevent or restrict use or copying of UGC; or (ii) enforce limitations on the use of the Services or the UGC or Content accessible via the Service.

6.7 Not to use any area of the Platform or the Services for any commercial purposes. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Platform and barring anyone breaching this provision from future use of the Platform and the Services. We reserve the right to block access to this Platform, or to cancel a reservation in respect of one or more pre-booked lessons with respect to any person who is known or reasonably believed to be (or is associated with any
person who is known or reasonably believed to be) acting unlawfully, or breaching these Terms, or infringing FTEC ’s rights. Breaching any terms on the Platform will be deemed to be a breach of these Terms.

6.8 Not to use the Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software

6.9 Not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any user of the Platform or the Services.

6.10 Not to attack our Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching certain provisions above, You would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and We will cooperate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our Platform will cease immediately. You are responsible for configuring Your information technology, computer programmes and platform in order to access our Platform. You should use Your own virus protection software.

  1. Prohibited content The following is a list of illegal or prohibited contents on the Platform. Please note this list is inexhaustible and You agree that You will not submit any UGC to the Platform that:

7.1 Is patently offensive to the online community, such that it promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.

7.2 Harasses or advocates harassment of another person.

7.3 Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.

7.4 promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous

7.5 Promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
7.6 Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page).

7.7 Displays pornographic or sexually explicit material of any kind. Provides material that exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under 18.

7.8 Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.

7.9 Solicits passwords or personal identifying information for commercial or unlawful purposes from other users.

7.10 Engages in commercial activities and/or sales without prior written consent from FTEC.

  1. Prohibition of other Arrangements:

8.1 You will not agree any alternative fees with the Tutor and agree not to render any direct payments to the Tutor.

8.2 You are not permitted to enter into any private arrangements with any Tutor introduced by FTEC. You undertake to make all bookings with tutors introduced by FTEC exclusively through FTEC platform. A breach of these terms will render You liable to account to FTEC for all sums received by the Tutor direct from You or from a new Client without deduction and FTEC shall be entitled to seek injunctions against You the Client to prevent further breaches. These obligations continue beyond the termination or conclusion of this agreement.

8.3 Should You wish to recommend one of FTEC tutors to any other Potential or Actual Client, that Client must contact FTEC to make a booking through the agency via our website.

  1. Data Protection:

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

  1. The use of other search results: FTEC platform uses hyperlinks or produces search results that reference or link to third-party platforms throughout the World Wide Web. These are provided for Your ease of reference only and FTEC does not endorse such platforms or accept any responsibility for the content of such platforms and cannot therefore guarantee, represent or warrant that the content contained in the platforms is accurate, legal and/or in offensive or that they will not contain viruses or otherwise impact Your computer. By using the Platform to search for or link to another platform, You agree and understand that You may not make any claim against FTEC for any damages or losses, whatsoever, resulting from Your use of the Platform to obtain search results or to link to another platform. FTEC advises You to read the terms and conditions including the privacy, cookie, and other policies of the website you visit.
  2. Suspension and termination:

11.1 You acknowledge that FTEC has no obligation to monitor the content on the website provided by third party users.

11.2 You further understand and agree that in FTEC’s sole discretion, and without prior notice, FTEC may terminate its agreement with You and may therefore choose to suspend or terminate Your access to the Platform and the Services at any time or exercise any other remedy available and modify or delete any unauthorised user-generated content, if FTEC believes that the content You provided has violated or is inconsistent with this agreement or violated the rights of FTEC or another FTEC Member. Notwithstanding this, You are solely responsible for and bear the legal risk associated with such content anywhere in the world.

11.3 FTEC may release information we hold 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.

11.4 You agree that monetary damages may not provide a sufficient remedy to FTEC for violations of this agreement, and You consent to injunctive or other equitable relief for such violations.

11.5 You acknowledge and agree that to improve the Platform and/or the Services, FTEC may stop (permanently or temporarily) providing the Services(or any features within the Services) to You or to users generally at FTEC ’s sole discretion, without prior notice to You.

11.6 You understand and agree that:

11.61 You have (and will continue to have whilst the UGC remains posted on the Platform) all necessary Agreements, rights, consents, and permissions which are required to enable FTEC to use or display Your UGC in the manner contemplated by the terms of this Agreement

11.62 You are happy to share Your UGC with other Clients and/ or Tutors as the case may be who access and/ or register on the Platform to the extent required for the Services to be delivered as intended.
11.63 You will not post nor upload any UGC which contains material which is unlawful for You to possess, or which it would be unlawful for FTEC to use or possess in connection with the provision of the Interactive Services.

11.64 The UGC that You submit to the Interactive Services 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, or are otherwise legally entitled, to post the material in question and to grant FTEC the Agreement referred to above.

11.65 You will comply in particular at all times with sections of this agreement relating to Conduct, Restrictions, Prohibited Content and Privacy and Confidentiality; and,

11.66 You will keep Your FTEC Login details secure and confidential.

  1. Indemnity: You agree to indemnify and hold www.friendlytutors.co.uk and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against www.friendlytutors.co.uk arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
  2. Liability

13.1 Nothing in this clause shall exclude or restrict FTEC ’s liability for:

13.1 a fraudulent misrepresentation

13.1 b any liability where the law does not permit such exclusion of liability and

13.1c death or personal injury arising from negligence.

13.2 FTEC shall not be in breach of any of its obligations under this agreement which arises or occurs due to the act, omission, default of You or Your failure to comply with any of Your obligations under this agreement.

13.3 Subject to clause 1 above, FTEC shall not be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation suffered by You arising from Your use of FTEC platform and/ or the Services or, any loss or damage which may be incurred by You as a result of:

13.3a Any breach by You of this Agreement or breach of warranty by You or the acts or omissions of You including Your use of or inability to use the Site and/ or the Services in accordance with the terms of this Agreement.

13.3b Any reliance placed by You on the completeness, accuracy, or existence of any advertising.
13.3c Any changes which FTEC may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services).

13.3d The deletion of, corruption of, or failure to store, any UGC and other communications data maintained or transmitted by or through Your use of the Services.

13.3e The availability of third-party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such websites or resources.

13.3f The acts, omissions and conduct of any third-party users in connection with or otherwise related to Your use of the Site and/ or the Services.

13.4 The User will indemnify FTEC against all claims and liabilities directly or indirectly related to the User’s use of the Website and/or breach of these terms and conditions.

13.5 These terms and conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any previous communications or agreements. The parties both acknowledge that there have been no misrepresentations and that neither has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these terms and conditions is excluded. The limitations on FTEC’s liability to You under this clause shall apply whether or not FTEC has been advised of or should have been aware of the possibility of any such losses arising. Except as expressly set out in this agreement, FTEC gives no warranties and excludes all other express or implied terms, conditions and warranties also including any implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law. This Agreement should be read in conjunction with our Privacy and Cookie Policies and the Tutor Policy and/ or the Client Policy (where applicable) which  together constitute the entire agreement between You and FTEC in relation to Your use of the Platform and/ or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter.

  1. ASSIGNMENT: This Agreement shall be personal to You and You may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without FTEC’s prior written consent. FTEC reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as FTEC or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Platform.
  2. NO WAIVER
    Failure by either FTEC or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement there of or of any other right on any later occasion.
  3. THIRD PARTY RIGHTS You may enforce the terms of this Agreement in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the “Act”). Except as provided above, this Agreement does not create any right enforceable by any person who is not a party to it under the Act but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
  4. JURISDICTION:

All of the terms in this Agreement are governed by English Law and any disputes arising in relation to this Agreement and/or the Platform are subject to the exclusive jurisdiction of the English Courts. We regularly review our terms and condition to ensure it is up to date with legislation.

  1. Terms and Conditions for Clients
    These terms and conditions, herein referred to as the “Client Terms” set out the terms and conditions under which Friendlytutors & Educational Consultancy (FTEC) Limited, registered in England and Wales (Reg. No: 14595380) with a registered office at: Suite C, 107-109 The Grove, London E15 1HP, herein referred to as “FTEC” or “We” set out the following terms and conditions upon which FTEC offers a client i.e. the person visiting the Platform herein referred to as “You” and “Your” Agreement to use our Platform atwww.friendlytutors.co.uk (the “Platform”) which is aimed at facilitating the introductions of Tutors to Clients and vice versa; It collects fees from the Client on behalf of the Tutor together with its own fee relating to its administration, use of platform and introduction commission. The hourly rate for tuition includes the tutor’s fees and FTEC’s own fee. In these Client Terms, references to “You” and “Your” are references to the Client (i.e. the Client or Sponsor of which You may be just one or both) registered on the Platform who may benefit from the tutoring services offered by Tutors using the FTEC platform. When You use the Platform, and the  Tutoring Services (together, the “Services”), You agree that these Client Terms and Conditions apply to that use in addition to any other terms and conditions which may apply including the Privacy and Cookie Policies which are incorporated by this reference. This Agreement is a personal Agreement which may be revoked at any time. Please note this agreement applies to tutors and clients using FTEC’s online platform. A different terms and conditions apply to tutors offering tutoring services on behalf of Friendlytutors & Educational Consultancy limited.
  2. Agreement for using www.friendlytutors.co.uk.This clients’ terms and conditions governs all the activities of the client in relation to the use of FTEC platform www.friendlytutors.co.uk. By using the Platform and the Services, You agree fully to this terms and conditions. FTEC reserves the right to change the terms relating to this term (or any part) at any time, effective immediately upon posting on the Platform. If You disagree with any part of the Terms, do not use the Platform or the Services. If You are uncertain as to Your rights under these client terms and conditions or You want further clarification about any section of this document, please contact us.
  3. User Responsibilities – this applies to both Clients and Tutors, and anyone else who uses FTEC platform.

2.1 Users are responsible for their own security in conjunction with the services through the Website, both online and offline.

2.2 Users are solely responsible for the material they post on the Website, including messages sent, and they must not post defamatory, offensive, or illegal material. 2.3 Users must immediately report to FTEC Limited any defamatory, offensive, or illegal material they view on the Website.

2.4 Users must exercise their own judgement regarding the accuracy of information provided on the Website. FTEC cannot and does not guarantee that all of the content on the Website is complete, accurate or up to date.

2.5 Users must contact FTEC immediately if they believe their password has been compromised. Users will be responsible for the actions of any interactions conducted in their name until they have notified FTEC that they believe their password has been compromised.

2.6 Users must not use the Website with the intention of engaging directly with other Users outside of the FTEC environment. Users must not promote opportunities or services of any company other than FTEC Limited on the Website.

2.7 Users agree to abide by the Privacy Policy provided through the Website.

2.8 Any User who fails, in FTEC’s opinion, to comply with these terms and conditions may be immediately suspended from using the Website and any related services. FTEC Limited reserves the right to cancel any existing bookings in such circumstances.

  1. Client responsibility.

3.1 FTEC is not responsible for the acts or omissions of Clients or Tutors and is solely responsible for its own acts or omissions.

3.2 FTEC will contact Clients by email. Clients must ensure that all of their personal details and contact information are accurate and up to date.

3.3 Clients must be at least 18 years old to book a Tutor for themselves. Clients under the age of 18 must be represented by a parent or legal guardian who gives consent for them to receive tuition from a Tutor via FTEC. FTEC is not responsible for any dispute between a person under the age of 18 and a parent or guardian.
3.4 It is the client’s responsibility to provide an appropriate tuition area, and ensure they have the appropriate equipment for the session to take place. The tutor is not responsible for providing pens, paper, and texts.

3.5 Please make sure that you are punctual and ready for tuition to begin on the agreed day and time. Tutors are self-employed and therefore may have another client to get to after the session. If a session begins late due to the client, the tutor is not obliged to make up the hour and is still entitled to charge the full one-hourly fee.

3.6 Holidays should be discussed with as much advanced warning as possible. Please ensure that any cancellation is given 24 hours’ notice, with the appreciation that tutors are self-employed and therefore do not get paid for cancelled sessions, or any preparatory work they have completed.

3.7 If you want to cancel tuition completely, please give at least one weeks ’notice to the tutor and you MUST inform FTEC either by telephone or email.

3.8 If there is an animal within the property (in the case of face-to-face tuition), please advise the tutor with prior notice. We also ask that all animals are kept away from the tuition area whilst a session is in progress.

3.9 When You use the Platform and the Services and when You book and accept the Tutoring Services, You must comply with any requirements as directed by FTEC and the Tutor as amended from time to time and in accordance with these Client Terms and Conditions.

3.10 The Client shall notify FTEC immediately and without delay and in any event within 24 hours if the Tutor fails to attend work or notifies the Client that (s)he is unable to attend tutoring sessions for any reason.

  1. The client further and specifically agrees:

4.1 Any problem concerning a technical issue regarding a Client’s personal computer or internet service provider is not the responsibility of FTEC Limited. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured.

4.2 To 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 platform.

4.3 To provide promptly and give to the Tutor all such information as they may reasonably require in connection with the provision of the Services

4.4 To notify FTEC immediately should the Client become incapacitated in any way and unable to attend Your lesson. FTEC can notify any Tutor on Your behalf if You have not already done so. See our cancellation policy.
4.5 The Client shall notify FTEC immediately and without delay and in any event within 24 hours if the Tutor fails to attend work or notifies the Client that (s)he is unable to attend work for any reason.

4.6 To be solely responsible in assessing the suitability of a Tutor to deliver the Tutoring Services and the accuracy of their stated credentials, expertise, references.

4.7 To contact a Tutor via FTEC instant messaging facility via the Platform only. Other means of communication is prohibited.

4.8 Not to act as an agent to promote the services or opportunities of another company; and, not to publish any abusive comments about a Tutor or another Client on the Platform or any other place including defamatory or derogatory comments.

4.9 The Tutor and the Client agree not to make any private arrangements for tuition with each other or with other Tutors or Clients introduced by FTEC. A breach of this obligation will render the Tutor and the Client liable to account to FTEC for all sums paid and received, and FTEC will be entitled to seek an injunction against the Tutor and the Client to prevent further breaches. This obligation continues beyond the end of this agreement and the conclusion of the course of tuition.

4.10 The Client may instruct the Tutor to acquire particular educational or teaching resources on behalf of the Client/Client. FTEC must be informed of any such arrangement, and we will arrange a reimbursement of the Tutor via invoice to the Client. Tutors are not permitted to accept funds directly from the Client for any reason; Clients are not permitted to pay funds directly to the Tutor for any reason. Clients will have to confirm any such arrangement in writing.

  1. Booking a lesson

5.1 It is the responsibility of the Tutor to:

  • agree upon a suitable place of work with the Client.
  • agree upon the times, dates, frequency, and length of the sessions with the Client.
  • determine the teaching method and approach used in any session guided by experience and industry practice.

5.2 When a Booking is made more than 24 hours in advance of the start time of the first Lesson, Clients have up to 12 hours before their first lesson with a new Tutor is due to commence to confirm the Booking. When a Booking is made within 24 hours of the start time to their first lesson, Clients have up to 3
hours before their first lesson with a new Tutor is due to commence to confirm the Booking.

5.3 To confirm a Booking for their first Lesson with a Tutor, the Client must ensure that they have a valid debit/credit card registered on the Website, with sufficient funds to cover the Booking.

5.4 When a Booking is confirmed, the Client enters into a direct contract with the Tutor for the provision of Lessons and FTEC accepts no liability in relation to the Tutor’s provision of lessons.

  1. Cancellation of schedule

6.1 You confirm and agree that the Tutor will have reserved a time slot and use of the online learning tool and You, therefore, acknowledge and agree that the tutoring session shall commence on the Due Date and You hereby waive Your statutory cancellation rights to the extent possible pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013(the “Regulations”) and agree for the Services to start on the Due Date.

6.2 For the avoidance of doubt, prior to payment of Your Client Fees being received by FTEC (which must be as soon as possible prior to the Due Date of the lesson), a Client shall be entitled to cancel the Tutoring Services ordered. Once payment of Client Fees has been made by the Client, in the event that the Client wishes to cancel the Tutoring Services ordered, the following cancellation policy shall apply:

6.3 If notice of cancellation or reschedule is given within twenty-four (24)hours of the lesson Due Date, then the Client will be charged with the full payment for that tutoring session, whether it is one, two or more hours, unless the Tutor deems the cause of cancellation to be unavoidable and agrees not to accept payment for the Session.

6.4. If canceled in excess of twenty-four (24) hours prior to the lesson Due Date, You will be offered either:

6.4.1 A re-scheduled lesson; or failing agreement on that,

6.4.2 Your FTEC Credit Wallet will be credited with the full equivalent amount of the FTEC Credits.

6.5 Should the Tutor not be available on the day, the Client will be informed, and a re-arranged time may be offered by the Tutor. If a suitable alternative time cannot immediately be arranged, FTEC must be immediately informed the client, and this will be a credit Session that the tutor and client can arrange in the future.

6.6 If a lesson falls on a Bank Holiday or other national or religious holiday that either the Tutor or the Client wishes to observe, then an alternative Session must be arranged and FTEC must be informed of any new arrangements.
6.7 If the Client is late for a Session, the Tutor may choose to but is not obligated to work beyond the scheduled end time. If the Tutor stops work at the scheduled end time, the Session will be charged at the usual price. If the Tutor agrees to work beyond the scheduled end time at the Client’s request, the Tutor may choose to charge the Client for the additional time. If a Tutor is late for a Session, then it is the duty of the Tutor to arrange to make up the lost time.

6.8 If the Client or Client chooses to terminate a Session early (for example, after one hour of a two-hour session), the Session will be charged at the usual price.

6.9 Prior to Sessions, Clients will receive a lesson reminder from FTEC via email on behalf of the Tutor.

6.10 Cancellations by the Client of more than 3 weeks in succession, or that which FTEC perceive as unreasonable, regular cancellations, will be considered for immediate termination of the contract, at FTEC ‘s discretion.

6.11 All lesson cancellations (and any refund requests or requests to re-schedule) must be made directly via the Platform and in writing to contact@friendlytutors.co.uk.  with “Cancellation Notification” in the subject line).A refund granted under clause 6.4.2 by way of FTEC Credit shall be subject to You following the notification process in this clause 6.11 in all circumstances.

6.12 If You simply do not show up to Your lesson and You do not notify us, You will not be entitled to a refund in whole or in part under any circumstances.

6.13 Where there has been a Cancellation Notification of a lesson by a Client pursuant to clause 6.4.2, the equivalent Client Fees shall be credited back to Your FTEC Wallet in the form of FTEC Credits within three (3) days of receipt of Your Cancellation Notification.7. Missed lesson and Complaint 7.1 As defined, a “Complaint” covers any cause for the Client to seek a refund as a result of the service provided by the Tutor, including, but not limited to, a Missed Lesson (where the Tutor did not attend a Lesson booked on the Website) or a claim about quality (where the Client feels that the service  provided by a Tutor falls below the standards they reasonably expected). At all stages, FTEC will seek an informal resolution to your complaint. In complex cases, it might take longer to investigate a problem, meaning the timing of the complaints process might be extended. You will be informed should this happen. In certain circumstances, for example, where the Local Authority or another public body is investigating the matters in a complaint, this process will be suspended until those investigations are concluded.
7.2 Timeline for raising a complaint: Please see FTEC’s Complaint Policy for full details of how we deal with complaints.

7.3 In the case of missed lesson – A Client should inform FTEC of a Complaint by either phone or email within 96 hours after the scheduled finish time of the relevant Lesson.

7.4 When a complaint has been received from a Client, FTEC will contact the Tutor within 72 hours of the complaint being received, by email and text message to inform the Tutor that a complaint has been raised.

7.5 Subject to clause 7.3, the Tutor has 48 hours to inform FTEC through the Website of their desire to dispute the complaint (and reject the associated refund request). Should the Tutor not dispute the complaint through the Website within 48 hours of being notified of the complaint, FTEC, as the agent of the Tutor, will process a full refund to the Client of the Tutor Fee. FTEC reserves the right, as a goodwill gesture, to refund the Platform Fee for the Booking related to the Lesson the complaint is regarding. FTEC will promptly inform the Client of the Tutor’s decision whether or not to uphold their complaint by email and, if upheld, authorise the associated refund.

7.6 Should a client inform FTEC of a complaint more than 96 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform FTEC by email or phone of their desire to uphold the complaint (and authorise FTEC on the Tutor’s behalf to award the associated refund of the Tutor Fee). Should the Tutor not contact FTEC within 48 hours to uphold the complaint, FTEC as the agent of the Tutor, will inform the Student by email of the Tutor’s decision to reject their complaint and reject the associated refund request.

7.7 Should the client and tutor not reach a cordial agreement regarding a complaint; the Student is entitled to make a claim against the Tutor in relation to the complaint. As set out in clause

7.8 FTEC accepts no liability in relation to complaints and the services provided by a tutor.

7.9 Should FTEC find that a Missed Lesson occurred due to any failure of FTEC to meet the terms set out in section of these terms and conditions, FTEC will refund the Student any Platform Fee paid.

7.10 FTEC reserves the right to offer any Client, as a gesture of goodwill, payment of a sum equivalent to the full Lesson Fee. Such a payment will be awarded solely at FTEC ’s discretion.

8.1 Tutor authorises FTEC limited on Tutor’s behalf to charge and collect the face value of each lesson at the current rates provided on the Platform from Clients.

8.2 Client shall pay to FTEC the Client Service Fees by any means made available via the Platform from time to time. Your Tutor will not charge You VAT for the Tutoring Services.

8.3 All prices relating to Tutoring Services are reviewable by FTEC and shall become effective immediately upon posting on the Platform and will be applicable to all bookings made after such posting.

8.4 Tutors and Clients do not have the power to bind FTEC in any way in respect of the obligations of the one to the other.

  1. Billing

9.1 FTEC administers all payment arrangements in respect of every lesson. We raise invoices on behalf of the Tutor and take payment for these from the Client. We will not undertake to enforce any invoice not raised by FTEC or any charge which has not formally been invoiced for by our company

9.2 For administrative convenience, the commission paid by the Tutor to FTEC Limited is deducted directly from the Client’s payment, before payment is made to the Tutor. This will be clearly set out in the Payment Order associated with each payment made to the Tutor.

9.3 For Online Lessons, Clients will be charged the full Lesson Fee, provided the Tutor attended the Online Classroom for at least 15 minutes from the lesson scheduled start time. No charge will be made to the Client if a Tutor does not attend for at least the first 15 minutes of a lesson and, therefore, give the Client the sufficient opportunity to attend.

9.4 If a lesson does not take place because a Client does not attend (whether in person or via the Online Classroom, as applicable), the Client will be charged the full Client Service Fees.

  1. Payments Methods

10.1 By using the FTEC website, you are agreeing to make all of your payments to tutors listed on FTEC through the FTEC payment system. This is true for all payments related to tutoring lessons including any agreed-upon travel or other compensation adjustments. Such additional payments should be negotiated between you and the tutor and incorporated into the tutor’s hourly rate. Please ensure that the payment of your tuition has been discussed with the tutor in advance of the sessions taking place.

10.2 Bank Card: The preferred method is via debit or credit card, through the system administered by the payment provider, Global. The Client will be required to permit the storage of the details of a debit or credit card on this system, to allow payment to be taken automatically for each scheduled lesson.

10.3 Acceptance of these Terms includes acceptance of automatic payments, on the basis outlined in 10.1.

10.4 Bank Transfers may be accepted in advance of tuition, to be held by FTEC as FTEC credit against future lessons. The standard time limit for the usage of this credit will apply (see Definition – FTEC Credit)

10.5 The Client authorises FTEC to instruct Global Payment to charge their credit/debit card prior to the scheduled start time of the relevant Booking.

10.6 Group lesson: Group lesson: Where there is more than one Client attending the lesson, the Tutor may, in agreement with FTEC, arrange a discounted rate per Client. In the event that one or more Clients do not attend a session, the charge for the session will be the product of this discounted rate and the number of Clients present, or the typical, non-discounted charge for a single Client, whichever is greater.

10.7 Tuition will not begin prior to receipt of payment for the month or period in question.

10.8 Late Payment Fee. Where payment for a lesson fails, and resolution cannot be reached in time to prevent delay to the Tutor’s receipt of the payment owed, a Late Payment Fee of £25 will be payable to the Tutor. Advanced warning of this fee will be given, and it may be waived at the Tutor’s discretion.

  1. For every week beyond this point that the payment remains unpaid, a further £10 supplementary Late Payment Fee will be levied.
    C. Agreement between Tutors and Clients
    1.1 This agreement forms the contract between the Tutor and the Client when Friendlytutors & Educational Consultancy Limited introduces both the Tutor and the Client have agreed to undertake tuition.

1.2 By agreeing to teach the Student, the Tutor agrees to this contract. By agreeing to have the Student tutored by the Tutor, the Client agrees to this contract. The Tutor and the Client acknowledge that these terms govern the legal rights and obligations between them.

1.3 This contract should be read alongside the Terms and Conditions for Clients and Terms and Conditions for Tutors.

1.4 These terms constitute the whole agreement between the parties and no variation or alteration of these terms shall be valid.

1.5 The parties agree that this agreement is governed by the laws of England and Wales regardless of where tuition takes place.

1.6 The Client is the person who agrees to the purchase of tutoring services on behalf of the Student. The Student may be the same person as the Client or another person. The Student is the person who receives the tutoring service through sessions of tutoring. The Tutor delivers the tutoring service.

  1. Provision of Tutoring Services

2.1 FTEC reserves the right to select its clients, both tutors and students, and to withdraw its services from any client where this is judged to be appropriate.

2.2 Tutors are engaged for their particular skill and expertise and are expected to take full responsibility for the manner in which their services are provided. Tutors will use their discretion in determining the most appropriate teaching method depending on the Student’s needs. The Tutor will not be subject to any supervision, direction, or control, or any right thereof, by either FTEC or the Student, as to the manner of performance of the agreed services

2.4 The Client and the Tutor are jointly responsible for agreeing on a safe and suitable environment for the tutoring to take place. This will usually be the Student’s home in the case of face-to-face lessons.

2.7 It is the obligation of the Tutor to ensure that their timesheets are accurate
and up to date; however, Clients should assist Tutors in carrying out this obligation by signing the timesheets when asked, in order to confirm the accuracy of the information on FTEC website.

2.8 The Tutor will not provide or agree to provide any services or carry out any work for the Client or the Student other than Tuition, save with the prior consent of Friendlytutors & Educational Consultancy Limited.

2.9 The Tutor should provide two weeks’ notice prior to terminating tuition services for any Client.

  1. Fees and Financial Arrangements

3.1 Tutors may set their own hourly rate in accordance with FTEC pricing structure. The Tutor and the Client agree that all payments will be done through FTEC as the agent for the Tutor. The hourly rate cannot be changed without mutual agreement between the Tutor and the Client. FTEC must be informed by both parties.

3.2 The Tutor and the Client agree not to make any private arrangements for tuition with each other or with other Tutors or Clients introduced by FTEC. A breach of this obligation will render the Tutor and the Client liable to account to FTEC for all sums paid and received, and FTEC will be entitled to seek an injunction against the Tutor and the Client to prevent further breaches. This obligation continues beyond the end of this agreement and the conclusion of the course of tuition.

3.3 The Client may instruct the Tutor to acquire particular educational or teaching resources on behalf of the Client/Student. FTEC must be informed of any such arrangement, and we will arrange a reimbursement of the Tutor via invoice to the Client. Tutors are not permitted to accept funds directly from the Client for any reason; Clients are not permitted to pay funds directly to the Tutor for any reason. Clients will have to confirm any such arrangement in writing.

  1. Tax:

Educational services provided by the self-employed Tutor do not attract VAT, so this will not appear on invoices sent to clients on the Tutor’s behalf.

  1. Cancellations and Scheduling:

5.1 The Tutor will provide to the Client notice of any proposed holiday dates and request the same from the Client, in order to schedule lessons at a convenient time for both parties. In the event of cancellation of a scheduled lesson, FTEC Tutors must be informed, and an alternative date agreed upon between Client and Tutor.

5.2 Clients must give notice of cancellation of any scheduled lesson more than 24 hours before the session is due to begin. If notice is given by that time, there is no charge to rearrange the session, and we do not charge for the session on behalf of the Tutor.
5.3 If notice is given within 24 hours of the start time of the session, then FTEC Limited will charge for the session on behalf of the Tutor unless the Tutor views the reason for cancellation to be unavoidable, and choose not to charge for the session.

5.4 If the Student is late for a session, the Tutor may choose to but is not obligated to work beyond the scheduled end time, and the session will be charged at the usual price, whether or not the Tutor works beyond the scheduled end time. If a Tutor is late for a session, then it is the obligation of the Tutor to arrange to make up the lost time.

  1. Liability:

6.1 FTEC does not accept any liability for any claims by the Client arising out of or related to the provision of tutoring services by the Tutor.

6.2 FTEC does not exclude liability that is not permitted to be excluded by law, and in particular we do not exclude liability for death or personal injury arising from FTEC Tutors’ own negligence.

6.3 FTEC will not be liable to the Client or any third party for any act, omission, or error (whether wilful, negligent, or otherwise) of the Tutor.

6.4 Whilst every effort is made by FTEC to give satisfaction to the Client by ensuring reasonable standards of skills, integrity, and reliability from Tutors and further to provide them in accordance with the Client’s needs, FTEC is not liable for any loss, expense, damage or delay arising from the negligence, dishonesty, misconduct, accidental or deliberate damage to property during the assignment or lack of skill of the Tutor.

6.5 The Client shall indemnify and keep indemnified FTEC against any costs, claims, or liabilities incurred by FTEC arising out of any Assignment or as a result of any breach of these Terms by the Client.

6.6 FTEC does not accept any liability for the consequences of tuition, including, but not limited to, exam results and dissertation scores.

6.7 The Tutor is engaged by the Client only to provide tuition and is not responsible for the safety, well-being, welfare, and care of Students or for the protection of any person’s property. Clients who choose to leave the Student alone with the Tutor during the tutorial do so of their own free choice and at their own risk.

  1. Self-Employment Tutors using the platform are self-employed. We, therefore, require that all tutors provide proof of their sole-trader status, in the form of their Unique Tax Reference (UTR) number, supplied by HMRC, within three months of their approval as a client of FTEC. Tutors who fail to comply with this requirement
    within 3 months of their first lesson will be removed from the platform. FTEC reserves the right to report such instances to the appropriate authority.
  2. Use of Substitute Tutor8.1 As a self-employed individual the Tutor may choose to offer the Student a substitute tutor, for instance in the event of illness. However, FTEC reserves the right to ensure that any substitute is suitably qualified and skilled and that any previous agreements made with the Student are honored, as far as possible. FTEC may refuse a substitute tutor where reasonable concerns exist, for example where the substitution may pose a risk to the safety of the Student; the reputation of the agency; the quality of the tuition provided; any pricing agreements previously made with the Student.

8.2 Any subcontracted work must be invoiced for by FTEC on behalf of the Tutor, i.e. the individual originally contracted for the lesson subject to approval from FTEC Director. Full liability for payment to the subcontractor lies with the Tutor.

  1. Right to Work:

It is the responsibility of the Tutor to ensure that they are eligible for self-employment in the United Kingdom, before completing their application for consideration as a Tutor. We will not represent any tutor who, due to visa restrictions or for other reasons, is not eligible for self-employment.
D. Terms and Conditions for Tutors
1. Status of Terms and Conditions1.1 This is a legal agreement (“Agreement”) between you (“Tutor”) and FTEC (FTEC) Limited. The parties expressly agree to transact and enter into this Agreement by electronic means.

1.2 This agreement is governed by the law of England and Wales and the parties submit to the jurisdiction of the Courts of England and Wales.

1.3 No variation or alteration of these Terms and Conditions by the Tutor shall be valid unless approved in writing by FTEC.

1.4 FTEC reserves the right to alter these terms and conditions.

  1. Status and Responsibilities of a Tutor

2.1 Tutors are over 18 years of age and are self-employed.

2.2 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). 

2.3 The Terms of the contract entered into by you with the Client shall be in the form provided by FTEC. Save where expressly provided for in these Terms, the Tutor has no power or authority to increase, reduce, or vary the tuition as set out or referred to in these Terms or to alter or waive any of these Terms or to bind or commit the Company in any way.

2.4 Tutors must be legally entitled to work in the UK on a self-employed basis.

2.5 If a tutor contacts a Student who is under 18, they must ensure that this Student is represented by a parent or legal guardian who gives consent for the Student to receive tuition.

2.6 Tutors are responsible for ensuring that the personal information they provide and their personal statements on the Website are accurate and in no way misleading. They must update this information promptly to maintain its accuracy.

2.7 Tutors must disclose any criminal convictions or cautions they may have to FTEC including any criminal convictions or cautions received at any time after having registered a tutor account on the Website and for as long as the Tutor remains registered.