Terms for schools and organisations
The short version
- What we provide: small group places (capped at 10, same teacher every week), one to one tuition and live online sessions in Maths, English and Science, KS2 to A level. Every tutor is a qualified teacher (QTS) with an enhanced DBS check dated within the last 12 months or on the DBS Update Service.
- Booking: tell us what you need. We confirm the pupils, subjects, sessions, tutor and rates by email, and your reply or purchase order confirms the booking. Nothing starts until the rate is agreed in writing.
- Safeguarding: your Designated Safeguarding Lead (DSL) is our first contact for any concern about a pupil. Our DSL is Danny Rose (d.rose@rosetuition.com, 0115 795 6783). Tutors report concerns to him straight away and he tells your DSL without delay; if a child is at immediate risk, he contacts the police or children's social care first.
- Looked after children: tell us the designated teacher or virtual school contact, who should receive updates, and anything we must not share. We keep a pupil's address and placement details confidential.
- Online lessons are live and recorded for safeguarding. For pupils under 18, a parent, carer or member of your staff must be in the building throughout.
- Cost and invoicing: the rates are in your booking confirmation. We invoice you monthly for sessions delivered, payable within 30 days by bank transfer. Our rates are shown before VAT. We are not VAT registered at present; if that changes, VAT will be added at the applicable rate, and we will tell you in writing as soon as we can, aiming to give 30 days' notice.
- Group places: the place is held for your pupil each week, so a missed group session is still charged and there is no catch up. For online groups, the pupil can watch the recording. Groups run in term time only.
- One to one sessions: cancel at least 7 days before and there is no charge; later cancellations are charged in full. If we or the tutor cancel, you pay nothing and we will try to rearrange or find cover.
- Ending a booking: either of us can end a booking, or these terms, with 7 days' written notice. An email is enough.
- Our tutors are self employed: the tutor decides how to teach, so please don't supervise or direct them, or ask them to cover lessons. If you engage one of our tutors directly within 8 weeks of their last session with you (or 14 weeks of their first, if later), a transfer fee applies; or you can choose to keep booking them through us for a set period instead.
- Data: each of us is responsible for the personal data it holds. We use pupil information only to deliver the tuition, keep pupils safe, invoice you and meet the law. See rosetuition.com/privacy-policy.
- Complaints: email info@rosetuition.com or Danny. We acknowledge within 5 business days and normally respond in full within 10 business days.
This is a summary. The full terms below are the legal agreement, and if anything here differs from them, the full terms apply.
For schools, councils, charities and other organisations that commission tuition from Rose Tuition. Version 1.0, effective 1 January 2027
The full terms
1. About these terms
1.1 These terms are between Rose Tuition Ltd, trading as Rose Tuition, a company incorporated in England and Wales (company number 15507594) with its registered office at Unit 27 Trent South Industrial Park, Nottingham NG2 4EQ ("we", "us", "our"), and the school, council, charity or other organisation that accepts them under clause 15.1 ("you", "your"). You have a requirement for tuition services. We source and supply the services of tutors to provide tuition services for you, and we agree to supply the services of those tutors on these terms.
1.2 In these terms:
"Booking Confirmation" means the details of a booking (the Pupils, subjects, number and pattern of Sessions, Location, Tutor, Fees and invoicing frequency), including any email, purchase order or later correspondence between us and you which sets out, confirms or clarifies those details.
"Business Day" means any day (other than Saturday or Sunday) on which clearing banks are open for business in London.
"Conduct Regulations" means the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
"Data Protection Laws" means the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, in each case as updated, amended or replaced from time to time.
"Fee" means the hourly or per Session charge for the Tuition Services as set out in the relevant Booking Confirmation.
"Location" means where the Tuition Services take place (one of our venues, your premises or online), as set out in the Booking Confirmation.
"Losses" means any demand, claim, action, proceeding, liability, loss, damage, costs, expenses, tax, national insurance contributions (to the extent permitted by law) and charges, and any related penalties, fines or interest, whether founded in statute, contract, tort or otherwise.
"Pupil" means a child or young person for whom you commission Tuition Services.
"SDC" means supervision, direction or control by you or any other person as to the manner in which a Tutor provides the Tuition Services, or the right to such supervision, direction or control.
"Session" means any continuous period in which Tuition Services are provided.
"Tuition Services" means the group places, one to one tuition or online Sessions to be delivered by a Tutor for you, as set out in the relevant Booking Confirmation.
"Tutor" means the individual (and any substitute under clause 6) who is registered with us to provide Tuition Services and who accepts a booking.
1.3 Any reference to a law includes that law as amended, extended or replaced from time to time and any subordinate legislation made under it. Words in the singular include the plural and vice versa.
1.4 These terms, together with each Booking Confirmation, form the agreement between us for the relevant Tuition Services. Each booking is a separate contract on these terms, and neither of us is obliged to make or accept further bookings. If a Booking Confirmation conflicts with these terms, the Booking Confirmation takes precedence for that booking. If your organisation has a Rose Tuition account and is asked there to accept our terms for families (our Group tuition terms for families or One to one tuition terms for families), these terms apply to your organisation's bookings instead.
1.5 For the purposes of the Conduct Regulations we operate as an "employment business" in relation to the Tutor (except where any permanent placement results from our introduction, in which case we act as an employment agency). The Conduct Regulations only apply to work-finding services by an employment business where the worker works for and under the control of a hirer. Our Tutors are self employed sole traders who do not work under the control of any person, so our services are not work-finding services for the purposes of the Conduct Regulations, and the Agency Workers Regulations 2010 do not apply to these arrangements. Nevertheless, to the extent that the Conduct Regulations may be deemed to apply, which we do not accept, we operate as an employment business in relation to the Tutor (except where any permanent placement results from our introduction, in which case we act as an employment agency).
2. What we provide
2.1 We provide tuition in Maths, English and Science from Key Stage 2 to A level. Every Tutor holds Qualified Teacher Status (QTS) and an enhanced DBS check dated within the last 12 months or registered on the DBS Update Service, and has been through our safer recruitment process, including a personal interview with our director. You can commission:
(a) places in our small group classes, capped at 10 pupils with the same Tutor every week, at Kimberley Leisure Centre (Newdigate Street, Kimberley, Nottingham NG16 2NJ), Nottingham Girls' High School (9 Arboretum Street, Nottingham NG1 4JB) or online;
(b) one to one tuition, online or at a Location agreed in the Booking Confirmation; and
(c) live online Sessions (online groups run Monday to Thursday and finish by 8.30pm).
2.2 To book, tell us what you need (an email is fine). We will send you a Booking Confirmation by email. A booking is confirmed when you accept it by reply email or by issuing a purchase order which refers to it. We will not start any Tuition Services until the Fee has been confirmed in writing. Later bookings are made on these terms in the same way.
2.3 Before the first Session of each booking we will confirm to you:
(a) the identity of the Tutor;
(b) that the Tutor has the experience, training, qualifications, relevant safeguarding checks and any other authorisation which you tell us you consider are necessary, or which are required by law or by any professional body, to perform the Tuition Services; and
(c) that the Tutor is willing to provide the Tuition Services.
2.4 By our contract with each Tutor, we require the Tutor to:
(a) supply the Tuition Services with the skill, diligence, prudence and judgement reasonably expected of a suitably skilled and experienced teacher;
(b) work with you to agree the scope of the work and generally work towards helping to deliver your aims and objectives for the Pupil;
(c) where Sessions take place on your premises, comply with your relevant regulations, policies and protocols as notified by you to us, including on safeguarding, health and safety and security, insofar as they apply to independent contractors;
(d) make up any time, either at the end of that Session or before or after another Session, if they are late to a Session. If a Pupil is late, there is no obligation to extend the Session, and any additional time you ask for will be charged at the Fee; and
(e) use all reasonable endeavours to give at least 24 hours' notice if they are unable or unwilling to provide a Session. We will use reasonable endeavours to provide a suitable substitute or rearrange the Session. You will not be charged for a Session we cancel. If we rearrange it, we aim to do so within 10 Business Days, and the rearranged Session is charged only if you accept the new time.
2.5 We will require each Tutor to confirm that they have valid and subsisting leave to enter and remain in the United Kingdom for the duration of the booking, and are not subject to any conditions which may preclude or have an adverse effect on the provision of the Tuition Services.
2.6 Where a Tutor is required by law or any professional body to have certain qualifications or authorisations to provide the Tuition Services, we will use reasonable endeavours to obtain and offer to provide copies of them. Because the Tuition Services involve working with children, we will also use reasonable endeavours to provide you (with the Tutor's consent) with the Tutor's enhanced DBS certificate details, and to obtain and offer to provide copies of two references from persons who are not relatives of the Tutor.
2.7 If we are unable to obtain and provide any of the information in clause 2.6, we will provide the information we have been able to obtain, explain that we have taken all reasonably practicable steps to obtain and provide the rest, and tell you the steps we have taken.
2.8 Group classes run in term time only and close over school holidays and half terms. Term dates follow Nottingham City Council, and the first and last Session of each half term are shown in the lesson schedule in your Rose Tuition account. One to one tuition may run in the holidays if you and the Tutor agree.
2.9 Pupils in our groups follow the same rules as every other pupil, including leaving phones and earphones at home and untouched during Sessions.
3. Safeguarding
3.1 Keeping Pupils safe comes first. Our safeguarding policy is at rosetuition.com/safeguarding. Our Designated Safeguarding Lead (DSL) is Danny Rose, director (d.rose@rosetuition.com, 0115 795 6783). Our deputy DSL is Olivia Rose, director, who you can reach through info@rosetuition.com or on 0115 795 6783 if Danny is unavailable.
3.2 Before the first Session, please give us the name and contact details of your DSL and deputy DSL. Your DSL is our first point of contact for any concern about a Pupil.
3.3 If a Tutor has a concern about a Pupil, the Tutor reports it to our DSL immediately, and our DSL will share it with your DSL without delay. If our DSL and deputy cannot be reached, the Tutor will contact your DSL directly. If a Pupil is at immediate risk of harm, we will contact the police or children's social care straight away and then tell your DSL.
3.4 If you have a concern about a Tutor, or about anything that happens in our Sessions, please tell our DSL straight away. Any allegation against a Tutor or anyone working for us will be referred to the Local Authority Designated Officer (LADO) and other agencies where required, and we may suspend the Tutor while it is looked into. We will keep you informed as far as we are allowed to. If a concern relates to our DSL, please contact the LADO or the NSPCC (0808 800 5000).
3.5 Each of us will share safeguarding information with the other on a need to know basis, in the Pupil's best interests, and in line with Keeping Children Safe in Education, Working Together to Safeguard Children and the Data Protection Laws. Please tell us anything we need to know to keep a Pupil safe and teach them well, such as relevant special educational needs, known risks, or restrictions on who may contact the Pupil or receive information about them. We record concerns and the actions taken, and store them securely.
3.6 If a Pupil is looked after (or previously looked after), please also tell us who should receive updates about the Pupil's attendance and progress (for example the designated teacher, the virtual school or the carer), who will be the responsible adult for online Sessions, and anything we must not share or do. We will follow those instructions unless the law or a safeguarding need requires otherwise. We will keep the Pupil's address and placement details confidential, and share them only with our DSL and, where needed, the Tutor.
3.7 Online Sessions are live and are recorded for safeguarding. This includes one to one Sessions we supply to you. Recordings are shared only with the Pupil and our administrators, except that we may share a recording with your DSL or the relevant authorities where it is needed for safeguarding. If a Pupil misses an online group Session, the Pupil can watch the recording if you, or their parent or carer, ask us after the Session. Tutors may not make their own recordings without explicit, documented consent. We keep recordings for 6 months, unless they're needed for a safeguarding concern.
3.8 For online Sessions with Pupils under 18, a parent, carer or (if the Pupil joins from your premises) a member of your staff must be in the building throughout, ideally within earshot. For one to one Sessions in a Pupil's home with Pupils under 18, a responsible adult must be present in the home throughout. Parents and carers do not sit in on group Sessions, and no unregistered adults are allowed on site during in person Sessions at our venues.
3.9 Where Sessions take place on your premises, your safeguarding and site procedures apply and the Tutor will follow them (clause 2.4(c)), including reporting concerns to your DSL, and will also tell our DSL.
4. What we need from you
4.1 Before the start date of each booking, you will give us enough information for us to consider properly the suitability of a Tutor for the booking (your booking email or purchase order can cover this), including:
(a) your identity and the nature of your organisation;
(b) the date you want the Tuition Services to start and their duration or likely duration;
(c) the Pupils, subjects, level and courses, and any particular skills or experience the Tutor will need;
(d) the Location and times and, where Sessions take place on your premises, any risks to health or safety known to you and the steps you have taken to prevent or control them;
(e) any experience, training, qualifications and authorisations which you consider are necessary, or which are required by law or by any professional body, for a Tutor to provide the Tuition Services;
(f) any expenses payable by or to the Tutor; and
(g) any attendance or progress reporting you need (for example for a looked after Pupil's Personal Education Plan).
4.2 You will:
(a) allow the Tutor to determine how the Tuition Services should be performed;
(b) not ask a Tutor to do work outside the scope of the booking (for example covering lessons, supervising other pupils or managing your staff) except as agreed in writing with us, and tell us of any proposed change to the length or frequency of the Tuition Services;
(c) where Sessions take place on your premises, carry out a risk assessment of the site, equipment and working conditions before the Tutor starts, and give us details on request;
(d) tell us straight away if you are dissatisfied with a Tutor's performance (in which case clause 6 applies). You have no authority to discipline a Tutor or to end their provision of the Tuition Services other than by ending the booking under these terms;
(e) not commit any act or omission constituting unlawful discrimination against, or harassment of, any Tutor;
(f) tell us by email as soon as reasonably practicable of any proposed change to, or extension of, a booking. We will reply by email and will not unreasonably refuse a change. We will tell you whether the change is practicable and of any related change to the Fee. Until a change is agreed, we may charge for any out of scope services at the Fee in the Booking Confirmation; and
(g) not introduce a Tutor to a third party other than through us.
5. How our Tutors work
5.1 Our Tutors are self employed. Nothing in this agreement makes any Tutor an employee or worker of ours or of yours. Each Tutor is engaged by us under a contract for services, and neither we nor you have SDC over the way the Tutor performs the Tuition Services.
5.2 You warrant that you do not have the right to, and shall not (and no other person shall), subject any Tutor to SDC, and that there shall be no framework of control. Your acceptance of these terms is your written confirmation of this, and we rely on it in setting the Fee and in paying the Tutor without deducting tax and national insurance contributions.
5.3 You will tell us without delay if you have reason to believe that a Tutor is, or will become, subject to SDC or a framework of control, or that a Tutor will perform the same or substantially the same work as your employees or will manage your staff.
5.4 If you tell us of a change under clause 5.3, or you do not confirm or you breach clause 5.2:
(a) we may pay the Tutor net of PAYE and national insurance contributions in accordance with sections 44 to 47 of the Income Tax (Earnings and Pensions) Act 2003 and the Social Security (Categorisation of Earners) Regulations 1978, until you confirm that the Tutor is not subject to SDC or any framework of control;
(b) we may increase the Fee to reflect the resulting increase in our cost of supplying the Tuition Services; and
(c) we may end the affected booking by written notice with immediate effect.
5.5 You will cooperate with our reasonable requests for information if HMRC or a Tutor challenges the Tutor's employment status, or any payment we make to the Tutor for the Tuition Services.
5.6 You will indemnify us (and keep us indemnified fully on demand) against any and all Losses we incur by reason of any proceedings, claims or demands by any third party (including HMRC) under the Income Tax (Earnings and Pensions) Act 2003 or national insurance legislation, arising out of our relying in good faith on your warranty in clause 5.2.
5.7 We are not obliged to put a Tutor forward for your consideration, and a Tutor is not obliged to provide services to you beyond the end of the relevant booking.
6. Changes of Tutor
6.1 A Tutor may delegate the Tuition Services to, or otherwise use the services of, a suitably qualified, skilled and experienced substitute tutor who meets the standards in clause 2.1. You may refuse a substitute if, in your reasonable opinion, they are not suitable due to lack of skills, experience or qualifications. We remain responsible for the services completed by a substitute and will bear any costs.
6.2 We will give you full details of any substitute, including the confirmations in clause 2.3, before they work on a booking.
6.3 If, in your reasonable opinion, a Tutor fails to perform the Tuition Services satisfactorily, tell us in writing and we will use reasonable endeavours to make a suitable substitute available as soon as possible. If no substitute is available within 5 Business Days of your notice (or another period we agree), you may end the affected booking by written notice with immediate effect.
7. Fees, invoicing and payment
7.1 The Fees are set out in your Booking Confirmation. They cover the total cost of supplying the Tuition Services, including the Tutor's fee, our recruitment and support services and any statutory costs.
7.2 Unless otherwise agreed in writing, we will invoice you monthly in arrears, or at the invoicing frequency in the Booking Confirmation, for the Sessions delivered and any Short Notice Cancellation Fees (clause 8.1) in that period. The charge is the Fee multiplied by the number of hours or Sessions. Invoices are payable within 30 days of the invoice date. Please give us your purchase order number and invoicing address so we can quote them on our invoices.
7.3 The Fees are based on the Sessions recorded as delivered in our booking system. Any oral or written confirmation that a Session has been delivered is conclusive evidence that it has been performed to your satisfaction. If you dispute an invoice, you must tell us within 7 days of receiving it and cooperate with us to establish the Tuition Services provided in the period it covers.
7.4 We may change our Fees for future Sessions by giving you at least 30 days' written notice. This includes an increase to reflect any statutory or other legal change which increases a Tutor's statutory or legal entitlements, or which otherwise increases our cost of supply. If you do not agree to an increase, either of us may end the affected booking by written notice before the increase takes effect, and you will not be charged the increased Fee.
7.5 Unless otherwise agreed in writing by one of our directors, we are not obliged to make any rebate or refund of Fees or other sums paid to us, except that you will not be charged for any Session we cancel.
7.6 All amounts due under this agreement shall be paid in full without any deduction or withholding other than as required by law. You are not entitled to assert any credit, set off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.
7.7 Unless otherwise agreed, payments shall be made by direct bank transfer to the account shown on our invoice.
7.8 We may charge interest on any overdue amount at 8% a year above the Bank of England base rate from time to time, from the due date until the date of payment, in accordance with the Late Payment of Commercial Debt (Interest) Act 1998. If an invoice is overdue, we may pause Sessions until it is paid, after giving you 7 days' written notice.
7.9 All amounts are exclusive of VAT. We are not currently registered for VAT, so no VAT is charged. If we become registered, VAT will be added to invoices at the applicable rate from the date of registration, and we will tell you in writing as soon as we can, aiming to give at least 30 days' notice.
8. Cancelling Sessions and ending a booking
8.1 Without affecting the rights to end this agreement under clauses 8.5 to 8.8, if you cancel a Session the following charges (each a "Short Notice Cancellation Fee") apply, invoiced under clause 7 as if the Session had taken place:
(a) one to one Sessions: if you cancel with at least 7 days' notice, there is no charge. If you cancel with less notice, or the Pupil does not attend, the full Fee for that Session is charged; and
(b) group places: a group place is held for the Pupil each week, so a group Session the Pupil misses is charged in full and there is no catch up Session. For online groups, the Pupil can watch the recording (clause 3.7).
8.2 Please cancel a Session by email to info@rosetuition.com or by WhatsApp to 0115 795 6783. Notice runs from when we receive it.
8.3 If we or a Tutor cancel a Session, you will not be charged for it and clause 2.4(e) applies.
8.4 We may cancel any booking by written notice with immediate effect, without liability, if we form the opinion in good faith that (i) you may not meet your obligations to us, or (ii) the Tutor may no longer be willing, able or suitable to provide the Tuition Services. Where (ii) applies, we will tell you as soon as we can and offer a suitable replacement Tutor if one is available.
8.5 You may end any booking, or this agreement, at any time by giving us 7 days' written notice (an email is enough). Sessions in the notice period go ahead and are charged as normal, unless we agree otherwise. You will not be charged for Sessions after the notice period ends.
8.6 We may end any booking, or this agreement, by giving you at least 7 days' written notice.
8.7 Either of us may end this agreement, or any booking, by written notice with immediate effect if the other:
(a) commits a breach of this agreement which is incapable of being remedied, or which is capable of being remedied but is not remedied within 7 days of receiving written notice to do so;
(b) suspends, or threatens to suspend, payment of its debts, is unable to pay its debts as they fall due or admits inability to pay its debts, or an application is made to court for the appointment of an administrator over it, or notice of intention to appoint an administrator over it is given; or
(c) becomes unable to start, continue or completely perform its obligations under this agreement because of an event beyond its reasonable control, such as acts of God, government action, war, terrorism, local or national emergency, fire, flood, epidemic or pandemic (but not strikes or other industrial action, or a failure to secure materials or resources).
8.8 We may also end this agreement by written notice with immediate effect if an invoice remains unpaid 7 days after we have told you in writing that it is overdue.
8.9 Ending this agreement does not affect any amounts already due or any rights which have already arisen. Clauses 5.5, 5.6, 9, 10, 11, 12 and 14 continue to apply after it ends.
9. Data protection
9.1 Each of us is a separate controller, under the Data Protection Laws, of the personal data it handles in connection with this agreement, and each of us is responsible for its own compliance with the Data Protection Laws.
9.2 You will share with us only the personal data about Pupils that we need to deliver the Tuition Services safely (for example name, year group, subjects, relevant needs, safeguarding information and contact details for the adults involved), and you confirm that you are entitled to share it with us.
9.3 We will use that personal data only to deliver and manage the Tuition Services, to keep Pupils safe, to invoice you and to meet our legal obligations, as described in our privacy policy at rosetuition.com/privacy-policy. We share it only with the Tutor and with the providers of the booking, payment and online lesson systems we use, or where the law or a safeguarding need requires.
9.4 Each of us will keep the shared personal data secure, tell the other without undue delay on becoming aware of a personal data breach affecting it, and give reasonable help with any request from a data subject or the Information Commissioner about it.
9.5 If you need us to act as your processor for any part of the Tuition Services (for example under a council contract), please tell us before that work starts and we will agree written data processing terms that meet Article 28 of the UK GDPR.
9.6 Our ICO registration number is ZB838431.
10. If you engage a Tutor directly
10.1 In this clause 10:
(a) "Engage" means engaging a Tutor (directly or indirectly, other than through us) by way of employment, contract for services or otherwise, or making any other arrangement for a Tutor to provide services similar, identical or related to the Tuition Services, whether for you, any member of your group (for example your academy trust or council), any client of yours with whom the Tutor had material contact, or any third party to whom you introduce the Tutor; and "Engagement" is construed accordingly;
(b) "Relevant Period" means, as defined in Regulation 10(5) and (6) of the Conduct Regulations, whichever of the following ends later: (i) the period of 8 weeks starting on the day after the day on which the Tutor last worked for you through us; or (ii) the period of 14 weeks starting on the first day on which the Tutor worked for you through us;
(c) "Restricted Period" means, where a Tutor has been introduced to you but not supplied, the period of 6 months from the date of that introduction;
(d) "Extended Hire Period" means a further period of not less than 20 hours of Tuition Services by the Tutor through us, on terms no less favourable to you than those which applied immediately before you gave us notice; and
(e) "Transfer Fee" means £500 per Tutor.
10.2 If you want an Engagement to begin within the Relevant Period (or, where the Tutor was introduced but not supplied, within the Restricted Period), or an Engagement otherwise occurs within that period, you will tell us and pay us the Transfer Fee, unless within 5 Business Days of the Engagement you choose, by written notice to us, to take an Extended Hire Period instead.
10.3 If you choose an Extended Hire Period but the Engagement begins before it ends, we may charge the Transfer Fee reduced proportionately to reflect the part of the Extended Hire Period you have paid for.
10.4 If you choose an Extended Hire Period and we do not supply the Tuition Services for all of it, through no fault of ours (for example because the Tutor does not agree to work through us for that period), and an Engagement occurs within the Relevant Period, you will pay the proportion of the Transfer Fee which equates to the part of the Extended Hire Period we did not supply.
10.5 No refund of the Transfer Fee is payable if the Engagement ends.
10.6 This clause 10 does not make you liable for a Transfer Fee if a Pupil's parent or carer arranges tuition with a Tutor privately, without your involvement.
11. Liability and insurance
11.1 Nothing in this agreement limits or excludes our liability for death or personal injury caused by our negligence, for our own fraudulent acts or omissions, or for any other liability which cannot by law be limited or excluded.
11.2 Subject to clause 11.1, our total liability for any claim or related claims, including any Losses or delay arising from:
(a) any failure to provide the services of a Tutor for all or part of the term of this agreement;
(b) the negligent, wrongful, dishonest or fraudulent acts or omissions or misrepresentations of a Tutor, including any lack of skill; or
(c) theft of any data or materials by a Tutor,
shall not exceed the greater of £10,000 or the Fees payable by you under the booking to which the claim relates.
11.3 Subject to clause 11.1, we are not liable for any special, indirect or consequential damage or loss, or for any loss of profit, business, revenue, goodwill or anticipated savings, or any claims made under third party contracts.
11.4 We hold professional indemnity insurance (£1,000,000), public and products liability insurance (£2,000,000) and employers' liability insurance (£10,000,000), and will send you copies of our certificates on request.
12. Confidentiality and intellectual property
12.1 We require each Tutor, by our contract with them, to keep confidential all information relating to your organisation, your Pupils and your business and affairs (including the Fees) which becomes known to them in connection with the Tuition Services.
12.2 You will keep all information we give you about any Tutor or potential Tutor (including personal data) confidential, and will not use it for any purpose other than arranging the Tuition Services.
12.3 Intellectual property in lesson materials created by a Tutor as a result of the Tuition Services belongs to the Tutor, and intellectual property in materials we provide remains ours. You may use any materials supplied to you or your Pupils, free of charge, for your Pupils' education.
12.4 You keep ownership of any materials and information you provide to us or to a Tutor.
13. Anti bribery and modern slavery
13.1 We will not tolerate bribery in any form in connection with the conduct of our business. Each of us warrants that it shall:
(a) comply with all applicable laws, statutes, regulations, codes and guidance relating to anti bribery and anti corruption ("Anti Bribery Laws"), including without limitation the Bribery Act 2010;
(b) not engage in any activity, practice or conduct which would constitute an offence under the Bribery Act 2010 if such activity, practice or conduct had been carried out in the United Kingdom;
(c) not do, or omit to do, any act that will cause the other to be in breach of the Anti Bribery Laws; and
(d) promptly report to the other any request or demand for any undue financial or other advantage of any kind received from any other party in connection with the performance of this agreement.
13.2 Each of us shall promptly notify the other if, at any time during this agreement, its circumstances, knowledge or awareness change such that it would not be able to repeat the warranties in clause 13.1.
13.3 Breach of clause 13.1 or 13.2 shall be deemed a material breach of this agreement, and the party in breach shall indemnify the other against any Losses incurred or suffered as a result.
13.4 In performing our obligations under this agreement, we shall comply with all applicable laws relating to modern slavery and human trafficking, including the Modern Slavery Act 2015, and take reasonable steps to ensure that slavery and human trafficking (as defined in that Act) is not taking place in any of our supply chains or in any part of our own business. You shall also comply with the Modern Slavery Act 2015.
14. Complaints and disputes
14.1 If you are unhappy with any part of our service, please email info@rosetuition.com or our director, Danny Rose, at d.rose@rosetuition.com. We will acknowledge your complaint within 5 Business Days and normally give you a full response within 10 Business Days.
14.2 If a dispute arises between us about the Tuition Services or this agreement and it is not resolved under clause 14.1, we both agree to enter into mediation in good faith to settle it, in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless we agree otherwise within 10 Business Days of notice of the dispute, the mediator will be nominated by CEDR.
15. General
15.1 Agreeing to these terms. You accept these terms by any one of: (a) completing the acceptance in Schedule 1 (an electronic signature is fine); (b) issuing a purchase order, or sending a booking email, which refers to these terms; or (c) asking us to provide Tuition Services after we have sent you these terms. No wet signature is needed. Later bookings rely on the same terms.
15.2 Any terms printed on or attached to your purchase order, or any other terms you send us, do not apply unless we agree them in writing.
15.3 If you already commission tuition from us, these terms replace any earlier terms between us from 1 January 2027 for Sessions after that date.
15.4 This agreement is the entire agreement between us relating to the Tuition Services and supersedes all previous agreements and arrangements (if any), whether written, oral or implied, between us relating to them, without affecting any rights which arose before. You acknowledge that, in entering into this agreement, you have not relied on any representation by us or a Tutor which is not set out in this agreement. Nothing in this clause limits or excludes liability for fraud.
15.5 We may update these terms by giving you at least 30 days' notice by email, and the updated terms apply to Sessions after that date; if you do not agree, you may end this agreement under clause 8.5. Any other change to this agreement (including a change to the scope of a booking) must be in writing, which includes email, and agreed by both of us. We will act in good faith in considering all reasonable changes to a booking that you request.
15.6 This agreement is personal to you, and you may not assign or subcontract your rights or obligations under it without our prior written consent. We may assign this agreement to any company in the same group as Rose Tuition Ltd (meaning a holding company or subsidiary of ours, as defined in section 1159 of the Companies Act 2006, or another subsidiary of that holding company).
15.7 Any notice under this agreement (including any invoice) must be in writing and may be delivered by hand, by email or by prepaid first class post to the recipient's address in the Booking Confirmation (for us, info@rosetuition.com), or to any other address the recipient notifies for this purpose.
15.8 None of the provisions of this agreement is intended to be for the benefit of, or enforceable by, third parties (other than our permitted assignees), and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.
15.9 This agreement is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
Schedule 1: Acceptance
Please complete this and email it to info@rosetuition.com. If you prefer, simply quote "Rose Tuition Terms for schools and organisations, version 1.0" on your purchase order instead (clause 15.1). We confirm our agreement in each Booking Confirmation.
Organisation | |
Address | |
Name and position | |
Signature (electronic is fine) | |
Date | |
Purchase order number (if any) | |
Invoicing contact and email | |
DSL and deputy DSL, with contact details (clause 3.2) |
Rose Tuition Ltd, registered in England and Wales, company number 15507594. Registered office: Unit 27 Trent South Industrial Park, Nottingham NG2 4EQ. rosetuition.com
