Acadia reserves the right to alter these terms and conditions.

1. TUTOR SESSION CONTRACTS

1.1 When a Booking Confirmation is issued by the Tutor, a contract for a Tutor Session is formed between the Client and Tutor (“Tutoring Contract”).

1.2 Please note:

1.2.1 we are not a party to any Tutoring Contract between tutors and clients ; and

1.2.2 we are not the employer, principal or agent of any Client or Tutor;

1.2.3 we are not responsible for syllabus or content taught by a Tutor to a Client, the Tutor is solely responsible, and should check if all subject content is taught correctly.

1.3 Tutors arrange to provide tutoring services to Clients (and changes to and cancellations of Tutor Sessions can only be made by the tutor). Tutoring Contracts are governed by the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction in relation to any and all disputes arising from them. However, the Client will have the right to have the dispute or claim heard by the courts in the Client’s home jurisdiction

1. FEES

2.1 The fee payable by the Client for a Tutor Session (“Fee”) will be calculated according to the hourly rate set out on the website.

2.2 No fees are payable in order to register as a Tutor or Client. However, we will receive a percentage of the Fee for each Tutor Session (“Commission”).

2.3 The billing process will be under the control of Acadia who shall send an invoice as soon as the Client has agreed on a tuition session or series of tuition sessions unless alternate arrangements have been mutually agreed upon. Payments must be made to Acadia before the lesson starts.

2.4 Invoices will be sent and payments made for blocks of 4 sessions, prior to those sessions being delivered.

2.5 The Tutor must not receive or accept directly from the Client or any student or any other person any sums due for the provision of a Tutor Session. All payments must be processed through the Acadia office.

2.6 Tutors will invoice Acadia at the end of each block of 4 sessions taught

2.7 Any discrepancies regarding payments and deposits must be dealt with within 3 months of the date of the last invoice.

2.8 Tutors will be informed of any changes to tuition rates

1. CANCELLATION OF TUTOR SESSIONS

3.1 If any Tutor Session is cancelled tutors MUST inform Acadia by email.

3.2 If a Tutor Session is cancelled by the Client less than 48 hours before it is due to take place or if the Tutor Session is not cancelled but does not go ahead for reasons attributable to the Client, the Tutor reserves the right to charge the Fee in full.

3.3 If events or circumstances outside the reasonable control of the Tutor prevent or are likely to prevent the Tutor from attending a Tutor Session, the Tutor will make every reasonable effort to inform the Client to rearrange the Tutor Session as soon as reasonably practicable. If the Tutor Session cannot be rearranged, the Tutor must cancel it and inform Acadia by email immediatley.

3.4 No Fee will be payable in the event that a Tutor Session is cancelled by the Tutor or by the Client 48 hours or more before the Tutor Session is due to take place.

1. TUTOR TERMS

4.1 To register as a Tutor applications must be accompanied by:

4.1.1 your current Disclosure and Barring Service (“DBS”) certificate number.

4.1.2 a copy of your degree certificate

4.1.3 a copy of an acceptable form of photographic identification such as passport or driving license.

4.2. In order to register as a Tutor, and before a Client can book a Tutor Session with you, you will be required to confirm your acceptance of the terms and conditions.

4.3. The Tutor will provide Tutor Sessions with all due care and skill, in conformity with the Terms, the safeguarding policy and the Booking Confirmation and in compliance with all applicable statutory and regulatory requirements and standards of best practice.

4.4 The Tutor shall take all appropriate steps to safeguard and protect the interests of the Client and the student/child.

4.5 The Tutor warrants and represents to us that all written and oral statements and information provided when registering as a Tutor for the purposes of or in connection with the Tutor Session, including personal information about the Tutor and/or your qualifications, credentials, references, background and suitability for providing the tutoring services were when provided and remain true, complete and accurate.

4.6 The Tutor agrees:

4.6.1 while registered with Acadia not to provide any tuition or educational services to a Client registered with Acadia (apart from Tutor Sessions booked through Acadia).

4.6.2 while registered with Acadia not to provide any tuition or educational services (apart from Tutor Sessions booked through Acadia) to any sibling or other relative of a Client or to any person introduced, directly or indirectly, to the Tutor by a Client.

4.6.3 during the period of 12 months after (the later of) the date upon which: (i) the Tutor is in contact with a Client through Acadia; and (ii) the Tutor has a Tutor Session booked with a Client, not to provide any tuition or educational services to such Client (apart from Tutor Sessions booked through Acadia) or to any sibling or other relative of such Client or to any person introduced, directly or indirectly, to the Tutor by such Client.

4.7 The Tutor shall indemnify us and keep us fully and effectively indemnified on demand against any actions, suits, claims, costs, demands, losses, damages, expenses, liabilities and payments which may be brought against or suffered or incurred by us as a result of or in connection with, directly or indirectly, the provision of a Tutor Session by the Tutor, any act or omission by the Tutor and any breach or non performance of these Terms by the Tutor.

4.8 The Tutor shall duly and promptly pay all income tax and national insurance contributions in relation to all charges and sums payable to the Tutor by a Client and shall be responsible for completing and submitting all relevant assessments, returns and other information to HM Revenue & Customs in relation to such charges and sums and to his/her taxation affairs generally.

5, CLIENT TERMS

5.1 This section (5) applies to all users of Acadia who are an existing or future Client.

5.2 In order to make a Booking Request, you must register as a Client. You will also be required to confirm your acceptance of the terms and conditions and safeguarding policy when registering with us.

5.3 All payments must be made using the bank details on your invoice. You agree to inform us immediately if a Tutor requests payment for a Tutor Session otherwise than through the Acadia offices.

5.4 You agree not to make any arrangements for tutoring services with any Tutor other than through Acadia for 12 months’ following the later of (i) your registration with Acadia; and (ii) the latest Tutor Session booked through Acadia.

5.5 You agree not to make any arrangements for tutoring services with any Acadia Tutor for any sibling or another relative, other than through the Acadia Tutoring office.

5.6 While we do interview Tutors, and check which tutors have a current Disclosure and Barring Service certificate and degree qualification(s) prior to accepting their application to register, we do not guarantee that a Tutor is suitably qualified to provide the services offered by a Tutor through this Website and we do not routinely verify the Tutor’s identity, his or her relevant experience, training and qualifications and any authorisation and clearances (including from the Disclosure and Barring Service) which may be required by law or by any relevant professional body. Tutors who tutor online via our online platform do not have to be DBS checked or cleared.

5.7 If at any stage you have concerns about the competence, qualifications, suitability or performance of any Tutor please notify us and we will investigate.

1. DISCLAIMERS AND OUR LIABILITY TO YOU

6.1 Nothing in these Terms shall exclude or limit our liability for:

6.1.1 personal injury or death resulting from our negligence;

6.1.2 fraud or fraudulent misrepresentation;

6.1.3 or for any breach of the obligations implied by section 2 of the Supply of Good and Services Act 1982;

6.1.5 any other liability the exclusion or limitation of which is not permitted by applicable law or regulation.

6.2 The Tutor is not our employee or agent and, save where expressly provided for in these Terms, a Tutor or Client has no power or authority to alter or waive any of these Terms, or to bind or commit us in any way.

6.3 While we aim to interview all Tutors before they are permitted to advertise on tour website we are not responsible for the actions of Tutors and cannot vouch for the quality of the service provided by the Tutor.

6.4 We shall be responsible to a Tutor or Client for certain types of loss or damage which is suffered as a foreseeable result of our breach of these Terms or our negligence (including any breach or negligence committed by any of our officers, employees or agents) and which arises directly from our actions but we shall not be responsible for:

6.5.1 any loss or damage that was not an obvious consequence of our breach or that was not contemplated by us and you at the time you accepted these Terms (for example, any indirect, special or consequential loss or damage);

6.5.2 loss of profits or contracts;

6.5.3 loss of revenue;

6.5.4 loss of business;

6.5.5 loss of goodwill;

6.5.6 business interruption;

6.5.7 wasted management or office time;

6.5.8 loss of anticipated savings;

6.5.9 loss caused by circumstances outside our control;

6.5.10 loss or damage that was caused by your breach of the Terms;

6.5.11 loss or damage arising directly or indirectly from any act or omission of a Tutor;

6.6 We will have no liability to the Tutor for any loss, damages, expenses, payments or injury which the Tutor may incur arising from the security or state or condition of any premises in which a Tutor Session is provided or from any act or omission of a Client, a student or any third party occurring on any such premises or otherwise during the course of or in connection with the provision of the Tutor Session.

6.7 All terms, conditions and warranties implied by any applicable law are to the fullest extent possible excluded from these Terms.

1. YOUR ACCOUNT

7.1 By making an application to register, you agree and confirm:

7.1.1 all the information you have provided is accurate and correct and you are the person whose details you have provided;

7.1.2 you can enter into a legally binding agreement with us;

7.1.3 you have provided telephone number and e-mail address and will notify us immediately if your contact details change;

7.1.4 in the case of an individual, you are 18 years of age or over and capable of taking responsibility for your own actions;

7.2 You must provide us with all information requested during the application process and comply with all our eligibility requirements.

7.3 We reserve the right, in our sole discretion, to refuse to register you for any reason.

1. PRIVACY POLICY

8.1 We use and process your registration data and certain other information we collect about you in accordance with our Privacy Policy. For more information, please see our full Privacy Policy.

1. SUSPENSION AND TERMINATION

9.1 Failure to comply with these Terms and Conditions may result in our taking all or any of the following actions at our discretion:

9.1.1 immediate termination of all Tutor / Client services

9.1.2 legal action against you including proceedings for reimbursement of any unpaid fees

19.1.3 disclosure of such information to law enforcement authorities or third party complainants as we reasonably feel is necessary or required.

9.1.4 The responses described in this paragraph are not limited, and we may take any other action we reasonably deem appropriate.

1. COMPLAINTS

10.1 If you have any complaint about any Tutor / representative of Acadia we will investigate it and, if possible, try and resolve it.

1. Acadia Website

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

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

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

11.4 Copyright in the website and its content rest with Acadia or its licensors. All rights reserved.