CLIENT TERMS AND CONDITIONS
You must take the time to read and understand these terms and conditions (‘these Terms and Conditions’) before registering as a client with MariAl Associates Ltd.
1. Definitions and Interpretation
In these Terms and Conditions, the following words and expressions shall have the following meanings:
1.1. ‘MariAl’ refers to MariAl Associates Ltd (Co. Reg. No. 10318821) whose registered office is situated at 36 Gallon Close, Greenwich, London, SE7 8SY
1.2. ‘Assignment’ refers to the Tuition Course to be provided by the Tutor to the Client.
1.3. ‘Client’ refers to an individual, entity or organisation who is a purchaser or prospective purchaser of tutoring services through MariAl save that in the event that the Student is an individual under 18 years of age at the time of completion of the Client Registration Form the Client must be the parent or guardian of the Student.
1.4. In the event that the Client is an individual over 18 years of age and requires the tutoring services for himself then that individual will also be the Student.
1.5. In the event that the Client is an entity or organisation, the Student will be the individual for whom or on behalf of whom the said entity or organisation purchases or requests tutoring services through MariAl.
1.6. Subject to the above, where the context so requires or admits, references to the Client shall also include references to the Student and vice versa.
1.7. ‘Client Handbook’ refers to the pack of information that MariAl shall provide to each individual whose application for registration as a Client is accepted by MariAl.
1.8. ‘New Tutor Referral Document’ refers to the form setting out details of the Tuition Course, the Tutor who is to provide the Tuition Course, the agreed tuition rate and details of any agreed expenses.
1.9. ‘Student’ refers to the individual who requires tutoring and who will be taught by a Tutor.
1.10. ‘Tuition Course’ refers to the Tuition Session(s) that the Client agrees or proposes to purchase through MariAl.
1.11. ‘Tuition Session’ refers to each session of tuition which a Tutor is to provide (or has provided) to a Client.
1.12. ‘Tutor’ refers to an individual who has successfully registered as a tutor with MariAl and who agrees to provide tutoring services to Clients.
1.13. Wherever the context so requires, the masculine gender includes the feminine or neuter.
1.14. Words importing the singular shall be construed as importing the plural and vice versa.
1.15. Tutor ‘Experience’ refers to any tutoring/teaching experience that MariAl deems ‘relevant’ to the assignment in question. It is at MariAl’s discretion what it views as ‘relevant’.
2. Responsibilities of MariAl Associates Ltd
2.1. be responsible for obtaining confirmation from Clients (and/or, if different, Students) of their tutoring requirements and provide relevant details to the proposed Tutor.
2.2. be responsible for providing to the Tutor all information regarding the Student’s academic records; all relevant study materials; and details of the Student’s academic targets; that may be relevant to the provision of the Tuition Course as may have been provided to MariAl by the Client (and/or the Student if different).
2.3. have sole discretion in deciding whether or not to accept an application made by an individual for registration as a Client or, if different, for registration of a Student.
2.4. on agreeing to accept an application by an individual for registration as a Client (and, if different, for registration of a Student), confirm this to the Client in writing and send the Client a Client Handbook.
2.5. be responsible for arranging and administering Assignments and Tuition Courses subject to the agreed responsibilities of Tutors and Clients.
3. Responsibilities of the Tutor
The Tutor shall:
3.1. be responsible for fulfilling to the best of his skill, experience, and ability Assignments that the Tutor has accepted.
3.2. be responsible for maintaining timesheets relating to all chargeable tuition time spent with Students and shall provide to MariAl originals of the same.
3.3. be responsible for monitoring and reviewing the Student’s tutoring requirements for the duration of a Tuition Course.
3.4. keep abreast of any developments in relevant curriculums, syllabus requirements of examination boards or qualifications in the subject(s) that is/are to be taught (or proposed to be taught) by the Tutor.
3.5. provide a home or office location where the Client (and, if different, the Student) may visit or the Tutor must be able to visit the Client (or, if different, the Student) for the purpose of taking a Tuition Session.
3.6. agree with the Client a suitable location at which the Tuition Session is to take place.
3.7. where a Tuition Session is to take place at a location of the Tutor’s choice (e.g. the Tutor’s home or office), the Tutor shall ensure that the room in which it is proposed the Tuition Session shall take place is suitably quiet and conducive to the provision of tuition, and the Tutor shall ensure that reasonable amenities (e.g. a toilet; drinking water) are made available to the Client (and, if different, the Student).
3.8. provide his own resources, and should have copies of the relevant (up-to-date) syllabus and past examination papers relating to the subject(s) that is/are to be taught (or proposed to be taught) by the Tutor in the Tuition Courses.
3.9. shall comply promptly with any request made by MariAl for feedback relating to the provision by the Tutor of any tuition services to any Client.
3.10. be responsible for keeping receipts in respect of any expenses that may be incurred by the Tutor (and for which the Tutor wishes to obtain reimbursement from the Client) in connection with the provision of a Tuition Session, which receipts shall be provided promptly to MariAl on request.
4. Responsibilities of the Client
The Client shall:
4.1. provide to MariAl a signed Client agreement and all other information and documentation that is or may be required by MariAl in connection with the said individual’s application for registration as a prospective purchaser of tutoring services through MariAl.
4.2. if the proposed tuition is for an individual other than the Client, also provide in respect of that individual (the Student) a completed Client agreement and all other information and documentation that is or may be required by MariAl in connection with the said individual’s requirement for tutoring services through MariAl.
4.3. be responsible for providing to MariAl all information regarding the Student’s academic records, all relevant study materials and details of the Student’s academic targets that may be relevant to the provision of the Tuition Course.
4.4. be responsible and must ensure at all times that information that he has provided to MariAl regarding himself (and the Student, if different) is accurate and is kept up-to-date, including (but not limited to): his name, address, and telephone number(s).
4.5. be responsible for payment of all tuition fees and any other fees, charges, or expenses payable in connection with the provision of the Tuition Course.
4.6. agree with the Tutor a suitable location at which the Tuition Session is to take place.
4.7. where a Tuition Session is to take place at a location of the Client’s choice (e.g. the Client’s home), the Client shall ensure that the room in which it is proposed the Tuition Session shall take place is suitably quiet and conducive to the provision of tuition, and that reasonable amenities (e.g. a toilet; drinking water) are made available to the Tutor.
4.8. if the Student is below 18 years of age, be responsible at all times for the Student’s supervision and safety.
4.9. shall comply promptly with any request made by MariAl for feedback relating to the provision by the Tutor of any tuition services to the Client.
5. Offer and Fulfilment of Assignments
5.1. On receipt of a request for tuition from a prospective Client, MariAl will, subject to clause 5.2, use its best endeavours to find the most suitable Tutor to take on the proposed Assignment, by consideration of a Tutor’s experience, qualifications, preferences, subjects offered, geographical proximity to the Student, and availability.
5.2. MariAl cannot guarantee that a suitable Tutor will be found and/or to take any proposed Assignment or Assignment, and the Client agrees not hold MariAl liable for any loss or damage incurred by the Client as a result of a Tutor or a suitable Tutor not being found.
5.3. MariAl shall have sole discretion in deciding upon the identity of the Tutor whom it considers to be the most suitable Tutor in accordance with clause 5.1.
5.4. On finding a suitable Tutor in accordance with clauses 5.1 and 5.3, MariAl shall notify the Tutor of the proposed Assignment and provide general details of the Client (and the Student, if different) and shall seek to agree (on behalf of the Tutor) an acceptable tuition rate with the Client and the amount (or a reasonable sum in lieu) of the expenses likely to be incurred by the Tutor in connection with the provision of the Assignment.
5.5. If a Tutor agrees in principal to accept a proposed Assignment further to discussion with MariAl pursuant to clause 5.4, then the Tutor shall confirm this to MariAl and MariAl shall then prepare and send to the Tutor a Tuition Agreement Document, which shall set out details of the Assignment, the tuition rate agreed, and the amount in respect of expenses that the Client has agreed to pay to the Tutor in connection with the provision of the Tuition Course.
5.6. On receipt of a Tuition Agreement, if the Tutor agrees to accept the Assignment and the other terms specified therein the Tutor shall state and sign his name (and enter the date of signing) on the Tuition Agreement Document, send a copy immediately by email to MariAl, and retain a copy for his own record.
5.7. On receipt of a signed Tuition Agreement, MariAl shall prepare and send to the Client a New Tutor Referral Document, which shall set out details of the Tuition Course, the tuition rate agreed (which will include the commission payable to MariAl), and the amount in respect of expenses that the Client has agreed to pay to the Tutor in connection with the provision of the Tuition Course.
5.8. The act of signing and sending to MariAl a New Tutor Referral Document (whether it be sent by email or by post) shall signify that a contract has been entered into between MariAl and the Client providing for the provision of the Tuition Course in accordance with the terms set out in the New Tutor Referral Document and these Terms and Conditions but subject to any Special Conditions that may have been specified on the New Tutor Referral Document and/or any other conditions that may have been notified (in writing) by MariAl to the Client prior to the Client signing and sending to MariAl the New Tutor Referral Document.
5.9. The Client should note that the Tutor is under no obligation to accept any Assignment, save that a Tutor shall not be permitted to decline an Assignment on the basis of a Client’s or Student’s race or racial group (including colour, nationality and ethnic or national origins), sex (including marital status, gender reassignment, pregnancy, maternity and paternity), sexual orientation (including civil partnership status), religion or belief, age or disability.
5.10. Once the Tutor has accepted an Assignment, the Client has agreed to take a Tuition Course, and MariAl have notified the Tutor and the Client that the provision of the Tuition Course has become unconditional, the Tutor shall contact the Client as soon as possible in order to agree arrangements for the provision of the Tuition Course.
5.11. In the event that the Tutor is unable, for whatever reason, to contact the Client within two working days of the date of receipt by the Tutor of the client’s contact details, he shall immediately notify MariAl of this, and MariAl shall then use all reasonable endeavours to contact the Client for the purpose of assisting in arranging the Tuition Course but neither the Tutor nor MariAl shall be held liable for any inability to arrange or complete the Tuition Course due to being unable for no reason of their own to contact the Client.
5.12. When arrangements for the provision of the Tuition Course have been agreed, the Tutor shall fulfil the Assignment to the best of his skill, experience and ability and notify MariAl when the Assignment has been completed.
6. Introductory Tuition Sessions
6.1. An ‘Introductory Tuition Session’ is the first Tuition Session taken by a Student at any level in any subject and shall provide the Tutor and the Student an opportunity of deciding whether the tutoring relationship is likely to be effective in meeting the Student’s requirements.
6.2. An Introductory Tuition Session shall be of an hour duration and payable in full, unless otherwise agreed between MariAl, the Tutor and the Client.
6.3. If after an Introductory Tuition Session the Client notifies MariAl and/or the Tutor of an intention to take a further Tuition Session or a Tuition Course in the same subject and level with the Tutor then the Tutor shall be expected to make himself available to provide such further Tuition Session or a Tuition Course and shall, if required by the Client, ensure that a regular time slot acceptable to the Client is kept available to accommodate that Client’s requirements.
7. Tuition Sessions
7.1. A Tuition Session shall, subject to clause 7.2, and unless otherwise agreed between MariAl, the Tutor and the Client in respect of a specific Tuition Course, consist of a one hour tuition session excluding any time expended by the Tutor in travelling and waiting in connection with the provision of the Tuition Course.
7.2. A Client may request an ‘intensive’ Tuition Session, for example, in preparation for an examination to be taken by the Student, up to a maximum duration of five hours per day and MariAl shall use their best endeavours to arrange the required Tuition Session.
8. Fees, Tuition Rates and Expenses
8.1. MariAl shall provide an initial telephone consultation to the Client free of charge and any obligation in order to determine the tuition requirements of the Client.
8.2. An engagement fee of £50 including VAT (‘Joining Fee’) shall be paid by the Client to MariAl in order to initiate the successful placement of a Tutor.
8.3. Joining Fees are, subject to the sole discretion of MariAl and as may otherwise be provided for in these Terms and Conditions, non-refundable, including in the event that the Client does not take one or any Tuition Sessions.
8.4. The level of tuition rates are set by MariAl according to the subject, the level of tuition, and any agreement with individual Tutors and are usually set on an hourly basis but in respect of any Tuition Course, MariAl shall, if required by the Client, seek to agree on behalf of the Tutor an acceptable tuition rate for a specific Tuition Session or Tuition Course.
8.5. The tuition rate will include an amount in respect of commission that is payable solely by the Client to MariAl for the service provided by MariAl. VAT is applied where appropriate.
8.6. If the Client requires any further Tuition Session(s) in any other subject(s) then MariAl reserves the right to charge a placement fee (‘Placement Fee’) for each further Introduction, the amount of which shall be notified in writing by MariAl to the Client. The Placement Fee can be charged at £50 per Tutor for an additional subject or sibling.
8.7. Tuition carried out on a one-to-two basis (i.e. one tutor and two students) will be charged as a multiple of 1.4 on an hourly basis. For example, if the tuition is normally charged at £60/hour (including VAT) for one-to-one tuition, then for one-to-two tuition it would be £84/hour (including VAT).
8.8. For Timetabled tuition programs we ask for a 25% deposit of the projected final invoice in advance. Once we have received this initial payment, we put together the timetable for the tutee. The remaining 75% of the invoice should be paid prior to the first scheduled tuition timetable. If payment is not received in full before the start date, MariAl reserves the right to cancel the agreed tuition timetable and to retain the 25% deposit. However, another payment plan may be agreed at MariAl discretion.
8.9. In the event that any expenses are likely to be incurred by the Tutor, the Tutor is required to provide details of the same to MariAl as soon as possible after details of the proposed Assignment have been provided to the Tutor, and MariAl shall then notify the Client of the amount of the same and shall use its best endeavours to agree (on behalf of the Tutor) the amount of the expenses or a reasonable sum in lieu to cover the likely expenses. The Client shall pay the amount agreed in respect of the expenses and the agreed amount shall be included as a separate item in the invoice rendered by MariAl in connection with the respective Tuition Course or the client may pay the tutor in person for any expenses on presentation of the relevant receipts by the tutor.
9. Disclosure and Barring Service (‘DBS’)
9.1. The Client should note that all Tutors have an ongoing obligation to provide to MariAl a current enhanced DBS Disclosure relating to the respective Tutor and this is a pre-condition to Tutors undertaking any Assignment.
10. Cancellation or rescheduling of Tuition Sessions
10.1. The provisions in this clause do not apply where the Client or the Tutor wish to terminate tuition and reference should for such circumstances be made to clauses 13 and 14 of these Terms and Conditions.
10.2. In the event that the Client, Consultant, Assessor or the Tutor wishes to cancel or reschedule a Consultancy, Assessment or Tuition Session, e.g. due to (but not limited to) illness or holiday, the party wishing to cancel or reschedule the Session must notify the other party and MariAl of this and the reason for wanting to cancel or reschedule and shall give at least 24 hours’ notice.
10.3. In the event that the client does not provide a reasonable reason for the purpose of the late cancellation, the client will be charged at the discretion of the company as follows:
100% of the total fees applicable to the booked session for any cancellation made less than 24 hours before the session was booked to commence.
The Consultant, Assessor or Tutor will be remunerated accordingly.
10.4. If the Tutor fails to give sufficient or any notice (as required pursuant to clause 10.2) to MariAl of wanting to cancel or reschedule a Tuition Session or unreasonably fails to agree an alternative date for a cancelled Tuition Session MariAl reserve the right to remove the Tutor from its list of registered Tutors in which event the Tutor shall not be eligible (unless later reinstated) for any future Assignment.
10.5. The Client shall be expected to strictly observe the rescheduling and cancellation provisions contained in these Terms and Conditions, as failure to do so may result in MariAl losing Tutors, future commissions and/or incurring substantial administrative costs in connection with last minute cancellations and rescheduling of Tuition Sessions.
10.6. Once the Client has confirmed that they would like to proceed with any Assessment or Consultancy services, they will be invoiced to confirm the booking. The normal cancellation policies apply, and once the services have commenced then fees cannot be reimbursed.
12. Invoicing and Payments
12.1. MariAl shall invoice the Client for the amount agreed to be paid by the Client for the work completed by the Tutor and any agreed expenses incurred in connection with the provision of the Tuition Course, subject to approval of timesheets by MariAl.
12.2. MariAl shall be responsible for collecting tuition fees and expenses from the Client, including its commission (which is included within the hourly rate quoted for a particular Tutor and which is payable solely by the Client). VAT shall be applied where appropriate.
12.3. The Client shall make payment to MariAl for invoices within fourteen days of the date of the invoice. After a thirty day period a payment shall be considered late.
12.4. In the event of a late payment (or non-payment) by the Client, a penalty fee shall be payable immediately and MariAl shall also be entitled to charge interest on the whole of the amount due from the date of the outstanding invoice at the rate of 8.00% per annum calculated on a daily basis until full payment has been received by MariAl. To the extent that the penalty or interest charge relates to the Tutor’s fees, this amount will be payable. The penalty fee will be a minimum of £25, a maximum of £50 or 10% of the total invoice if this figure falls between the minimum and maximum penalty fees.
12.5. MariAl are responsible for recovering payments from the Client.
12.6. Under no circumstances are Tutors permitted to render any invoice directly to the Client or the Student or accept any payment from the Client or the Student.
13. Termination of an Assignment by the Tutor
13.1. Once the Tutor accepts an Assignment he shall only be permitted to terminate the agreement for provision of the Tuition Course by providing two weeks’ prior written notice of the same to MariAl and must at the same time inform MariAl of the reason for requiring termination.
13.2. MariAl reserve the right to waive at its sole discretion the requirement for two weeks’ prior written notice in the preceding clause, in particular (but not limited to) where the Client and the Tutor agree that the Tutor should for whatever reason no longer provide Tuition to the Student.
14. Termination of a Tuition Course by the Client
14.1. After the Introductory Tuition Sessions, Clients will be encouraged to agree to a long term Tuition Course which will usually involves a weekly one hour Tuition Session per subject over a length of a standard school term.
14.2. MariAl recommends Clients commit to a Tuition Course for a minimum of 4 weeks (i.e. a minimum of 4 Tuition Sessions) to ensure that a rapport can develop between a student and tutor.
14.3. Once the Client agrees to take a Tuition Course, he shall normally only be permitted to terminate the agreement for taking the Tuition Course by providing two weeks’ prior written notice of the same to MariAl. However, under the Consumer Protection (Distance Selling) Regulation 2000, a Client may be permitted to cancel a Tuition Course within seven working days (‘the Cancellation Period’) of the Client’s agreement to take the Tuition Course, in which event the Client will, subject to clause 14.4 below, be entitled to the reimbursement of all fees that may have been paid in advance by the Client to MariAl in connection with the Tuition Course.
14.4. Where the Client wishes to cancel a Tuition Course pursuant to clause 14.3 above but requested MariAl to arrange and MariAl have in fact arranged for a Tuition Course to commence prior to the end of the Cancellation Period, then the Client shall not be entitled to a refund of any fees paid in respect of the Tuition Course.
14.5. MariAl reserve the right to waive at its sole discretion the requirement for two weeks prior written notice in sub-clause 14.3, in particular (but not limited to) where the Client and the Tutor agree that the Tutor should for whatever reason no longer provide Tuition to the Student.
15. Disputes between a Tutor and a Client
15.1. Should a dispute arise between a Tutor and a Client, MariAl will endeavour to achieve a satisfactory solution of the issue(s) in dispute, but cannot be held responsible for any such issue(s) or for a failure to achieve a solution.
15.2. In the event of a Client or a Tutor informing MariAl that the reason he wishes to terminate an Assignment or Tuition Course is because in his opinion the relationship between the Client (and/or Student, if different) and the Tutor is not, for any reason, conducive to the learning requirements of the Student, then MariAl shall, if requested to do so by the Client and/or the Tutor, use its best endeavours to find a solution to the issue(s) in dispute, which may include offering to find and allocate a different Tutor to the Client, subject to availability, but MariAl shall not be held liable for failing to find or allocate another Tutor. In the event that a suitable replacement Tutor cannot be found, then MariAl shall, at its discretion, offer the Client a refund (on a pro-rata basis) of the balance of the course fees if any paid by the Client in advance relating to the terminated Tuition Course.
16. Tutor’s Employment Status
16.1. The Client should note that Tutors are self-employed as far as the provision of any tuition services to any Client is concerned.
17. Data Protection
17.2. By entering into an agreement with MariAl, the Client (and the Student, if different) consents to MariAl holding and using any personal information that it receives from the Client and the Student in accordance with the Data Protection Act 1998 for the purpose of its business and the services that it offers.
17.3. MariAl is compliant with GDPR regulations and has a Data Protection policy in place.
18. Limitation of Liability of MariAl:
MariAl shall not be responsible or held liable:
18.1. For any loss, damage, anxiety or inconvenience that may have been, is likely to be caused, or has been caused, to the Client or to the Student as a result of any act of or omission by a Tutor.
18.2. For any examination grade received by a Client or any consequence that examination grade entails; or any university or school entrance application or interview.
18.3. For any act, omission or error of the Tutor.
18.4. For any inaccuracy (purported or actual) in any timesheet relating to a Tuition Session (whether or not a Client or a Tutor has raised a dispute in respect thereof).
18.5. For any dispute that arise between the Tutor and a Client but shall, if possible, use their best endeavours to facilitate a resolution of the dispute.
18.6. For any inappropriate or illegal behaviour of a Tutor, Client or Student.
18.7. For prescribing any teaching method and/or content of tutoring lessons or material.
18.8. For any failure by a Tutor to meet the Client’s requirements.
19. Intellectual Property
19.1. The names and brand of ‘MariAl’ and ‘MariAl Associates Ltd’ and any (and all) intellectual property associated with the business of MariAl shall not be used (or reused) by the Client or Student without the prior written consent of MariAl
19.2. All copyright, trademarks, and other intellectual property rights in and relating to MariAl and its business, including any material that is provided by MariAl to Tutors, Clients and/or Students, are the property of MariAl, and it is prohibited to copy, distribute, show in public or create any derivative work from any such material, without the prior written consent of MariAl.
20.1. The Client (and, if different, the Student) agree to not pass on to any third party or himself use for any purpose any information obtained in relation to MariAl, any Tutor, or any other Client or Student, other than as may be required in connection with the taking or completion of the tuition services in accordance with these Terms and Conditions.
21.1. Any notices that are required to be given under these Terms and Conditions shall be deemed to have been given if given in writing and sent by email or first class post to the last known address (or email address) of the recipient.
21.2. If sent by first class post the notice will be deemed to have been received on the second working day after the notice was sent.
21.3. If the notice is sent by email before 4pm on a business day, it shall be deemed to have been received on the same day the notice was sent.
21.4. If a notice is sent by email after 4pm on a business day or on a weekend day, it shall be deemed to have been received on the next working day after the notice was sent.
22. Terms and Conditions
22.1. It is understood and agreed by the Client that these Terms and Conditions shall apply to all tuition services provided to the Client by MariAl subject to clause 22.2 below.
22.2. These Terms and Conditions may be varied (which shall also include any additions) by MariAl by giving written notice of the variation(s) to the Client at the Client’s last known address.
22.3. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
23. Governing Law and Jurisdiction
23.1. These Terms and Conditions and any agreement made by MariAl and the Client pursuant to the same shall be governed by the laws of England and Wales and MariAl and the Client agree to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.