Tutor terms: group tuition

For self employed tutors who teach Rose Tuition groups. 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) having its registered office at Unit 27 Trent South Industrial Park, Nottingham NG2 4EQ ("we", "us", "our"), and you, the tutor who accepts them ("you").

1.2 You provide tuition services on an independent self employed basis. We are a principal contractual intermediary supplying group tuition to Clients (operating as an "Employment Business" for the purposes of the Conduct Regulations). You represent that you supply Tuition Services on an independent self employed basis and that the Tuition Services do not involve you working for and/or under the supervision, direction or control of any person.

1.3 In these terms:

"Agency Tax Legislation" means sections 44 to 47 and section 688 of the Income Tax (Earnings and Pensions) Act 2003 ("ITEPA") and Regulations 2 and 5 of the Social Security (Categorisation of Earners) Regulations 1978.

"Assignment" means the Tuition Services for one group (or for one to one tuition we supply to a school or other organisation), whether a single Session or a course of Sessions, as set out and agreed in the Assignment Details.

"Assignment Details" means the details of an Assignment (covering the items listed in Schedule 2) set out in your TutorCruncher job, and any email or message from us which confirms or clarifies them.

"Business Day" means any day (other than Saturday or Sunday) on which clearing banks are open for business in London.

"Client" means each parent, carer or other individual who books a place for a student in a group, and each school, council, charity or other organisation that books or pays for a place, for whom the Tuition Services are performed. A group will usually have several Clients.

"Conduct Regulations" means the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

"Credentials Documents" means any written information you provide to us about your self employment, tax status, experience, training, qualifications, authorisations and general suitability to perform the Tuition Services.

"Data Protection Laws" means any applicable laws and regulations relating to the use or processing of personal data, including the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003.

"Enhanced DBS Certificate" means an enhanced disclosure and barring service check and certificate.

"Fee" means the rate per Session for an Assignment, as set out in the Assignment Details.

"Force Majeure" means an event which is beyond the reasonable control of the party affected and which prevents that party from performing its obligations under these terms, including acts of God, government intervention, war, terrorist activity, local or national emergency, riots, floods, fires, explosions or other catastrophe, and epidemics or pandemics, but not strikes or other industrial action, or failure to secure materials or resources.

"Good Industry Practice" means the exercise of the skill, diligence, prudence, foresight and judgement which would reasonably be expected from a suitably skilled and experienced person engaged in the same or similar type of services as the Tuition Services.

"Handbook" means the Rose Tuition Tutor Handbook, as updated from time to time.

"Intellectual Property Rights" or "IPR" means copyright, trade marks, design rights, database rights, moral rights and all similar rights anywhere in the world, whether registered or not.

"Introduce" means the passing to a person of information which identifies or relates to a person who may provide services as a tutor.

"Location" means the venue where the Tuition Services are to be performed, or online, as set out in the Assignment Details.

"Loss" 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, including all losses, liabilities and costs incurred in defending or settling any claim.

"Off Payroll IR35 Legislation" means the off payroll working rules in Chapters 8 and 10 of Part 2 of ITEPA, section 688AA of ITEPA and any regulations made under them.

"Reporting Regulations" means regulations 84E to 84H of the Income Tax (Pay As You Earn) Regulations 2003.

"Session" means one group lesson.

"Tuition Services" means the Sessions to be delivered by you for the Client(s) under an Assignment, as detailed in the Assignment Details.

"Tutor Background IPR" means IPR owned by or licensed to you before the Start Date of an Assignment.

"Work Results" means any item of work carried out and delivered under these terms as part of or arising out of the Tuition Services.

1.4 Terms starting with a capital letter and not defined above (such as Start Date and End Date) have the meaning given in the Assignment Details or Schedule 2. A reference to an enactment includes that enactment as amended or replaced from time to time. The singular includes the plural and vice versa. If the Assignment Details conflict with these terms, the Assignment Details take precedence.

1.5 These terms apply to each Assignment in isolation, from or before its Start Date and for its duration. No contractual relationship exists between you and us between Assignments, but once you have accepted these terms they will apply to each Assignment you later agree, unless we tell you otherwise. Clauses 3 (for Sessions already delivered), 4 to 7, 9, 11.4 to 11.6, 12 and 14 continue to apply after an Assignment ends.

1.6 For the purposes of the Conduct Regulations we operate as an Employment Business in relation to you (except where any permanent placement results from our introduction of you to a Client, 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. You will not work under the control of any person and as such our services are not work-finding services for the purposes of the Conduct Regulations where you are self employed. Nevertheless, to the extent the Conduct Regulations may be deemed to apply, which we do not accept, we shall operate as an Employment Business in relation to you and comply with them.

2. How you work

2.1 You shall:

(a) throughout the term of the Assignment supply the Tuition Services in accordance with Good Industry Practice, at all times taking responsibility for the way in which the Tuition Services are performed;

(b) have reasonable autonomy in determining the method of performance of the Tuition Services, but in doing so cooperate with the Client to help ensure that the Tuition Services are generally delivered in line with the Client's objectives;

(c) supply the Tuition Services at the Sessions from the Start Date until the End Date set out in the Assignment Details (unless a shorter period has been agreed with us), at the end of which the Assignment will end;

(d) use reasonable endeavours to accommodate the lawful and reasonable requests of us and/or the Client from time to time in relation to the Tuition Services;

(e) keep the record of each Session in TutorCruncher accurate as we reasonably ask (for example, confirming that a Session took place). You acknowledge that failure to do so may delay payment to you while we make enquiries to verify the work delivered;

(f) comply with all health and safety, site and security rules that apply at the Location (including the rules of the venue and of our online classroom), and any other regulations, policies and protocols of the Client notified to you by us or the Client, except where they relate solely to the Client's employees;

(g) not engage in any conduct detrimental to the interests of the Client or us, including any conduct likely to bring the Client or us into disrepute;

(h) use all reasonable endeavours to give us at least 24 hours' notice of any period during which you will be incapacitated, unavailable or otherwise unwilling to perform the Tuition Services, in accordance with clause 10;

(i) supply to us copies of any qualifications or authorisations that you are required by law or any professional body to have in order to provide the Tuition Services, including an Enhanced DBS Certificate (see clause 8);

(j) where necessary, provide at your own cost all such equipment and resources (including your own laptop and lesson materials) as are reasonable for the adequate performance of the Tuition Services;

(k) at our and/or the Client's request, remedy in your own time and at your own expense any Substandard Outcome of the Tuition Services, which where necessary shall include performing the Tuition Services again. "Substandard Outcome" means any result, element, stage or product of the Tuition Services that we and/or the Client reasonably deem as not meeting the standard required under clause 2.1(a) and/or any specification in the Assignment Details;

(l) not Introduce a third party to the Client to provide tuition services other than via us; and

(m) make up any time, either at the end of the Session or before or after another Session, if you are late to a Session. If a student is late, you are under no obligation to extend the Session.

2.2 The Handbook sets out our safeguarding policies and procedures and the standards of professional conduct that Clients expect from a Rose Tuition group. You shall follow those safeguarding policies and procedures and meet those standards. Where the Handbook describes lesson planning and teaching, it describes the outcomes Clients expect: how you plan, prepare and teach to achieve them is for you to decide. If the Handbook and these terms conflict, these terms apply.

2.3 Neither we nor the Client have any right of supervision, direction or control over the manner in which you perform the Tuition Services, and the Client should not exercise any. Our Designated Safeguarding Lead, or another person on our behalf, may attend a venue or join an online Session from time to time for safeguarding, health and safety or venue reasons; that is not supervision of how you teach. Any feedback we pass to you will be limited to the content of the Tuition Services the Client has asked for, and not the way you provide them.

2.4 Each group runs with rules we have agreed with Clients, and these form part of the Tuition Services the Client has asked for: groups have no more than 10 students; phones and earphones are left at home and not touched during Sessions, and you challenge any use; parents do not sit in on Sessions; no adult who is not registered with us may be on site during an in person Session; and for online Sessions with students under 18, a parent or carer (or, where a student joins from a school or other organisation's premises, a member of its staff) must be in the building throughout. You are welcome to contact parents directly about their child's group.

2.5 Any request relating to the Tuition Services that goes beyond or varies what has been agreed in the Assignment Details shall be treated as a variation to the Assignment, and you shall tell us by email as soon as reasonably practicable of any proposed alteration, adjustment or extension. We will reply in writing, shall not unreasonably withhold our consent, and will tell you whether the change is practicable and, if so, any related change we would wish to make to the Fee.

2.6 You shall bear the cost of any training which you or any substitute may require in order to perform the Tuition Services. You shall complete the safeguarding training and updates we provide, as described in the Handbook.

2.7 Unless specifically authorised to do so by the Client in writing, you shall not have any authority to incur any expenditure in the name or for the account of the Client, or hold yourself out as having authority to bind the Client.

2.8 Failure to comply with this clause 2 may result in the immediate termination of the Assignment under clause 11.3.

3. Your Fee and how you are paid

3.1 The Fee is a rate per Session. You will only be paid for Sessions you deliver. A student missing a Session does not cancel it, and you are paid for it as normal.

3.2 The Fee for each Assignment shall be agreed between us before the Assignment starts and recorded in the Assignment Details. You may ask for an increase in the Fee, but there is no obligation on us to increase it.

3.3 Once a Session has been delivered and recorded in TutorCruncher, it is included in your next payment order. The payment order is treated as your request for payment, so you do not need to send us an invoice. Please check each payment order and tell us promptly if anything is missing or wrong.

3.4 Subject to you performing the Tuition Services in accordance with these terms and keeping the records in clause 2.1(e), we will pay you monthly in arrears: after the end of each calendar month we raise a payment order in TutorCruncher for the Sessions you delivered that month, and pay it into your bank account by the first working day of the following month. You shall not seek or accept payment from the Client or any representative of the Client direct for the Tuition Services.

3.5 We will pay you for the Sessions you deliver whether or not we have received a corresponding payment from the Client (for example, during a family's free first week), provided that we are entitled to satisfy ourselves by other means that the Tuition Services have been performed before making payment.

3.6 If there is any dispute about whether the Tuition Services have been performed and delivered as claimed, we may withhold payment of the disputed amount until the matter is resolved. We will both use reasonable endeavours to investigate the matter and work together in good faith towards a resolution as soon as reasonably practicable. Any undisputed sums will be paid in accordance with clause 3.4.

3.7 We shall not be obliged to pay you for Tuition Services that go beyond or vary what has been agreed in the Assignment Details, or for time beyond the period set out in them, unless we have agreed to it in writing beforehand.

3.8 We shall be entitled to set off, withhold or deduct against any sum we are liable to pay you if:

(a) the Client and/or we have suffered any Loss for which you are liable;

(b) the Client and/or we become liable to pay or deduct an amount in respect of income tax and/or National Insurance relating to Fees payable under these terms (see clause 4.8);

(c) we have made a payment to you which, for whatever reason, is not properly due to you; or

(d) you become liable to pay us any sum in connection with these terms.

3.9 Unless otherwise agreed in the Assignment Details, the Fee is inclusive of all expenses (including travel to the Location), and you shall not be entitled to claim from us or the Client any expenses incurred in connection with the performance of the Tuition Services.

4. Your status, tax and insurance

4.1 You warrant, covenant and undertake that you operate as a self employed trader on a business to business basis, such that the supply made under these terms is one of professional services, and that you are not subject to (or to the right of) supervision, direction or control of any person as to the manner in which you perform the Tuition Services. Accordingly, you agree that you do not intend or regard the supply of Tuition Services under these terms to fall within the scope of the Agency Tax Legislation and/or the Off Payroll IR35 Legislation. You shall notify us of any change in the nature of the Tuition Services from that represented by you to us and intended by us both at the Start Date, and of any supervision, direction or control by any person as to the manner in which you perform the Tuition Services.

4.2 Within the day, time and Location agreed in the Assignment Details, and working towards meeting the Client's objectives, you shall determine generally how the Tuition Services are performed. We both acknowledge and agree that:

(a) the Tuition Services do not and will not involve managing the Client's staff or covering for employed staff of the Client;

(b) the Tuition Services do not and will not involve representing the Client, or direct contact with the Client's customers in any material respect for the purposes of commercial negotiation or the like; and

(c) subject to clause 1.6, the supply of Tuition Services under these terms does not fall within the scope of the Agency Workers Regulations 2010, the Conduct Regulations, the Agency Tax Legislation or the Off Payroll IR35 Legislation.

4.3 We both acknowledge that you are not the employee, worker, agency worker, agent, partner or servant of the Client or of us, and accordingly:

(a) this is not an exclusive arrangement (subject to clauses 2.1(l), 5 and 9), and nothing in these terms prevents you from providing tuition services to any third party;

(b) neither we nor the Client are obliged to offer work to you, nor are you obliged to accept or undertake work for us or the Client, or to work beyond the end of an Assignment;

(c) you shall comply with all your legal and fiscal obligations and account on a timely basis to the appropriate authorities for all tax (including VAT, if applicable), National Insurance contributions and social security levies payable in respect of sums paid to you in connection with these terms;

(d) you warrant that you have valid and subsisting leave to enter and remain in the United Kingdom for the duration of each Assignment, that you are not subject to any conditions which may preclude or have an adverse effect on the provision of the Tuition Services, and that you shall notify us without delay if your right to work and remain in the UK lapses or is withdrawn for any reason; and

(e) you accept that, being entirely self employed and free to accept or decline any work offered, you have no entitlement to paid leave or authorised leave of absence for periods in which you have agreed to work, unless this is separately and exceptionally agreed between us.

4.4 You take full responsibility, accountability and liability for your own actions and omissions and for the actions and omissions of any substitute.

4.5 You warrant, covenant and undertake that you work on a self employed, sole trader basis; that all payments to you shall be made to a bank account in the United Kingdom held in your own name; and that you shall not supply or purport to supply your services to us via a personal services company or any other intermediary such that the Off Payroll IR35 Legislation would need to be considered.

4.6 We hold professional indemnity and public liability insurance for our own business. It may not cover your own liability as an independent business, so we strongly recommend that you hold your own public liability and professional indemnity insurance. Where we tell you in writing that an Assignment requires it, you shall throughout that Assignment be covered by appropriate business insurances held in your own name, including professional indemnity insurance and public liability insurance, each for a minimum amount of cover of £1 million on a single event or series of related events in a single calendar year, and supply us with evidence of that cover on request.

4.7 You shall promptly supply us with all such information as we may require to comply with the Reporting Regulations, and you warrant that the information you supply will be full and accurate.

4.8 We shall be entitled to withhold from any payment due to you any sum(s) that we may in our reasonable opinion be or become liable to pay or deduct in respect of income tax and/or National Insurance relating to Fees payable under these terms. Without limiting this, if a Client fails, when asked, to confirm that you are not subject to supervision, direction or control by anyone, we may pay you subject to PAYE and National Insurance deductions as if the Agency Tax Legislation applies, until the Client gives that confirmation.

4.9 If either of us receives any assessment, notice or communication from HMRC or any other regulatory body querying your tax status in relation to the Tuition Services, the one who receives it shall immediately notify the other and, if appropriate (to be decided in our sole discretion), we shall work together in good faith to resolve the issue, which shall not constitute any admission of liability by us for any reason.

4.10 You shall indemnify us (and, where relevant, the Client) against any Loss arising out of or in connection with:

(a) any breach by you of these terms, including any negligent, reckless, wrongful or fraudulent act, omission or default in the provision of the Tuition Services;

(b) any failure to notify us of a change or of any supervision, direction or control under clause 4.1, or any information under clause 4.7 being incomplete, inaccurate or not supplied in good time;

(c) any failure to comply with the representations, warranties and undertakings in this clause 4, including any Loss suffered as a result of you claiming to be, or any official, public body or regulatory authority for any purpose regarding you as, an employee or worker of ours or otherwise entitled to any rights or benefits that employees and/or workers enjoy; and

(d) any enquiry or investigation of the kind described in clause 4.9.

5. Confidentiality

5.1 You shall:

(a) keep confidential all information relating to the business and affairs of the Client and of us (including information about students and families, and our commercial information) which becomes known to you in connection with the Tuition Services or these terms ("Confidential Information");

(b) not use any Confidential Information except for the purposes of performing the Tuition Services;

(c) not, without our or the Client's express written permission, remove from our or the Client's premises or systems (including TutorCruncher and our online classroom) any material containing Confidential Information; and

(d) on request, return to us or the Client all material in your possession or control belonging to us or the Client.

5.2 Nothing in these terms stops you sharing information where the law requires it, or reporting a safeguarding concern to the proper authorities.

6. Intellectual property

6.1 All Intellectual Property Rights in any Work Results, and in any materials created by you or on your behalf as a result of providing the Tuition Services, including those produced for, on behalf of or at the request of the Client and/or us, shall vest in you ("Tutor IPR").

6.2 Where any Work Results or other materials you supply include Tutor IPR or Tutor Background IPR, you retain ownership of it but grant to the Client, and to us so far as needed to supply the Tuition Services, a non-exclusive, perpetual, irrevocable, royalty-free licence to use it to facilitate and/or enable full use of the Work Results or other materials for the students' learning.

6.3 We retain ownership of IPR owned by or licensed to us, including our name, brand and registered trade mark and any information or materials we provide to you or the Client.

6.4 Any academic work completed by a student remains the property of the student or the Client (whichever applies), and you have no right to use all or part of it for any purpose other than delivering the Tuition Services, unless the Client has agreed otherwise.

6.5 Nothing in these terms transfers the ownership of any Intellectual Property Rights from the party that owns them, or creates them in the course of these terms, to any other party, other than by a separate, explicit and unambiguous written agreement between the parties concerned.

6.6 You warrant that the Work Results and the materials you use are original or properly licensed, do not and will not infringe the rights of any third party anywhere in the world, and contain nothing which is obscene, defamatory or likely to cause offence. You shall indemnify us (and, as the case may be, the Client) against all Losses awarded against, or suffered, incurred or paid as a result of or in connection with, any alleged or actual infringement of any third party's Intellectual Property Rights or other rights arising out of the receipt, use or supply of the Work Results.

7. Personal data and recordings

7.1 We shall both comply with the Data Protection Laws at all times when processing personal data in connection with these terms. You shall do nothing to place the Client or us in breach of the Data Protection Laws. Our privacy policy (rosetuition.com/privacy-policy) explains how we use personal data, including yours.

7.2 We are the controller of the personal data of Clients and students that you receive through us. To the extent you process that personal data in providing the Tuition Services, you shall:

(a) process it only to deliver the Tuition Services, in line with our reasonable written instructions, and only for the duration of the Assignment;

(b) implement and maintain appropriate technical and organisational measures to keep it secure, including against accidental, unlawful or unauthorised destruction, loss, alteration, disclosure or access;

(c) not disclose it to any third party other than at our written request, as these terms allow, or as the law requires;

(d) inform us within 24 hours if any of it is lost or destroyed, or is subject to a personal data breach while in your possession or control;

(e) notify us within 2 Business Days if you receive a request from anyone to exercise their rights under the Data Protection Laws, and give us your full cooperation and assistance with it;

(f) not appoint any third party to process it, or transfer, access or process it outside the UK, without our prior written consent; ensure that anyone you allow to access it is bound by confidentiality; and give us all information and assistance reasonably necessary to demonstrate compliance with this clause 7 and the Data Protection Laws (including allowing for and contributing to any reasonable audit by us), and to help us meet our obligations under Articles 32 to 36 of the UK GDPR; and

(g) when the Assignment ends, return or irretrievably delete it as we direct, unless the law requires you to keep it, in which case this clause 7 continues to apply to it.

7.3 Online Sessions are recorded for safeguarding. We keep the recordings and may let a student in the group who missed a Session watch the recording if their parent asks. We may also share a recording with a school's Designated Safeguarding Lead or the relevant authorities where it is needed for safeguarding. You consent to Sessions being recorded and used in this way, and grant us and the Client a licence to keep and use the recordings for these purposes. You shall not make your own recording of any Session without explicit, documented consent. We will not use recordings to assess or direct how you teach.

8. Safeguarding, qualifications and checks

8.1 You shall follow our safeguarding policy (rosetuition.com/safeguarding) and the safeguarding procedures in the Handbook, and report any safeguarding concern immediately to our Designated Safeguarding Lead, Danny Rose (0115 795 6783, d.rose@rosetuition.com).

8.2 You warrant that:

(a) the information supplied to us in any Credentials Documents is correct;

(b) you hold Qualified Teacher Status and will at all times throughout each Assignment have the experience, training, qualifications and any authorisation required by law or by any professional or regulatory body in order to perform the Tuition Services;

(c) you have provided, or will provide before your first Assignment, confirmation of your identity and at least two written references, and you will cooperate in any checks in relation to your experience, training, qualifications and authorisations;

(d) you will at all times hold an Enhanced DBS Certificate no more than one year old and/or be registered on the DBS Update Service, and you consent to us checking your status on the Update Service at least once a year. You shall inform us immediately if at any time this warranty is not satisfied;

(e) you have no criminal convictions which would reasonably affect the Client's decision to allow you access to the Location or to provide the Tuition Services; and

(f) you are not prevented by any other agreement, arrangement or restriction from fulfilling your obligations under these terms in full.

8.3 You consent to us confirming your identity, qualifications and checks to Clients before you teach their child, and to us offering Clients copies of your relevant qualifications and references and evidence of your Enhanced DBS Certificate, as the Conduct Regulations require.

9. Working for others

9.1 Nothing in these terms stops you working for anyone else, including working directly for a Client you met through us, during or after an Assignment. We will not subject you, or threaten to subject you, to any detriment because you do so, or because you end an Assignment, and we will not ask you to tell us who you go on to work for.

9.2 What we do ask is that you keep to clauses 2.1(l), 3.4 and 5: you do not take payment directly from a Client for Tuition Services we supply, you do not Introduce other tutors to our Clients other than through us, and you do not use our Confidential Information (including Client contact details you hold through TutorCruncher) to approach Clients for your own business or anyone else's.

9.3 Our terms with Clients may include a fee payable by the Client if they engage you directly. Any such fee is a matter between us and the Client: you will never be asked to pay it, and it will never affect what we pay you.

10. If you can't teach a Session

10.1 If you will be unavailable for a Session, tell us as soon as possible (by email, as the Handbook explains) and, where you can, at least 24 hours beforehand.

10.2 You may from time to time, without prejudice to the other provisions of these terms, send a substitute tutor who is suitably qualified (in terms of experience, qualifications and skills) to perform the Tuition Services. Because the students are children, any substitute must meet the requirements of clause 8.2 and have completed our safer recruitment checks (including an interview with us) before teaching; any tutor we have already approved meets them. We may refuse a substitute only if they do not meet those requirements or we have reasonable safeguarding concerns. You shall use all due diligence to make handover arrangements, at your own expense, so that the substitute is able and available to perform the Tuition Services as soon as possible. You shall carry out all pre-engagement checks required by law in respect of any substitute (including right to work checks) and give the warranty in clause 4.3(d) in respect of them. You are responsible for paying any substitute. If you and the substitute both ask us to, we may instead pay the substitute directly for the Sessions they deliver, and that payment counts as payment to you of the Fee for those Sessions. If you do not provide a substitute, we may arrange cover ourselves.

10.3 Without prejudice to clause 11, where you cancel a Session (meaning it is not performed, whether or not you gave notice) with less than 24 hours' notice and no substitute teaches it, you shall use all reasonable endeavours to rearrange the Session with us within 14 Business Days, at a time that does not clash with an already scheduled Session.

10.4 Where a Session is cancelled by us or by a Client with less than 3 Business Days' notice, you shall use all reasonable endeavours to rearrange it with us within 14 Business Days. If, through no fault of yours, it is not rearranged:

(a) where we cancelled it, we will pay you the Fee for that Session, unless the cancellation was caused by Force Majeure; and

(b) where a Client cancelled it, we will pay you the Fee for that Session to the extent the Client has paid us for it.

11. Ending an Assignment

11.1 Each Assignment ends automatically at its End Date, unless we agree otherwise.

11.2 Either of us may end an Assignment before its End Date by giving the other at least 14 days' notice by email.

11.3 We may end an Assignment by written notice with immediate effect (or, for sub clause (g) only, by the same period of notice as we receive from the Client, less one day) if:

(a) you are in breach of any term of these terms which is, in our reasonable opinion, incapable of being remedied or, where it is capable of being remedied, you fail to remedy it to our reasonable satisfaction, at no additional cost to us or the Client, within 5 Business Days of our notice asking you to do so;

(b) you fail to keep the Session records described in clause 2.1(e);

(c) we become unable to commence, continue or completely perform our obligations by reason of Force Majeure affecting us and/or the Client;

(d) you suspend, or threaten to suspend, payment of your debts, are unable to pay your debts as they fall due, or admit inability to pay your debts;

(e) you have, in relation to these terms, committed an act or omission of dishonesty, fraud, incompetence or negligence; or you are convicted of any indictable criminal offence (other than, where the Tuition Services do not require you to drive, a road traffic offence for which a penalty of imprisonment is not imposed); or we receive or obtain information which gives us reasonable grounds to believe that you are unsuitable to provide services for the Client;

(f) under clause 10.2, a substitute is not accepted by us, or a substitute is not available;

(g) for any reason the Client (or, for a group, enough Clients that the group can no longer run) ends its agreement with us relating to the Tuition Services, cancels its requirement for the Tuition Services before the Start Date, or asks for you to be removed or replaced, and we shall incur no liability for Losses in connection with any such termination;

(h) you fail to provide any information we request before the Start Date or otherwise under these terms;

(i) you fail any required security checks, or your Enhanced DBS Certificate or right to work no longer meets clause 4.3(d) or clause 8.2;

(j) we have reason to believe that the Client will not meet its payment obligations;

(k) we have reason to believe that you are being asked to undertake work for which you are not suitably qualified;

(l) you are incapacitated, unable or otherwise unwilling to carry out the Tuition Services in more than two weeks in any month;

(m) you fail to confirm that you are not subject to (or to the right of) supervision, direction or control in the manner of providing the Tuition Services;

(n) we have reason to believe that the nature of the Tuition Services or the Assignment Details has changed in the way described in clause 4.1; or

(o) HMRC brings an assessment against you, us and/or the Client as a result of a breach of the Agency Tax Legislation or any of the other tax related provisions of these terms (in which case no compensation is payable).

11.4 However an Assignment ends, we will pay you for every Session you delivered up to its end, in accordance with clause 3.

11.5 The end of an Assignment shall be without prejudice to any rights arising out of acts and/or omissions before, in connection with or as a result of it ending.

11.6 When an Assignment ends (however it ends), you shall immediately deliver to us (or, if we ask, to the Client) all documents, materials, records, correspondence and other property of ours or the Client's relating to the Assignment which are in your possession or under your control and, unless we require otherwise, irretrievably delete any information relating to the Assignment and to the business or affairs of the Client or us held on any device or storage in your possession or under your control.

12. If something goes wrong

12.1 If you have a concern about anything to do with an Assignment, please talk to Danny first. Most things can be sorted quickly that way.

12.2 If any dispute arises between us with respect to the performance of the Tuition Services or these terms, 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 otherwise agreed between us within 14 Business Days of notice of the dispute, the mediator will be nominated by CEDR.

13. Anti bribery

13.1 You acknowledge and agree that we will not tolerate bribery in any form in connection with the conduct of our business, and you shall comply with all applicable laws, statutes, regulations, codes and guidance relating to anti bribery and anti corruption, including the Bribery Act 2010.

14. General

14.1 These terms, including the Schedules and the Assignment Details, constitute the entire agreement between you and us and supersede all previous agreements and arrangements (if any), whether written, oral or implied, between you and us relating to group tuition, including any tutor provisions in our Website terms of use. Any such agreements still in effect shall (without prejudice to our rights arising before then in respect of prior breaches of which we are not aware) be deemed to have been terminated by mutual consent from the date these terms apply to you, but nothing in this clause excludes or limits the liability of any party for fraud.

14.2 You acknowledge that, in accepting these terms, you have not relied on any representations made by us other than those expressly set out in these terms.

14.3 You may not assign or subcontract these terms or any Assignment to any third party, except for a substitute under clause 10.2.

14.4 Any notice under these terms shall be in writing and may be given by email or through TutorCruncher: to us at d.rose@rosetuition.com, and to you at the email address in your TutorCruncher account (or as otherwise notified from time to time).

14.5 If any provision or part of these terms is held to be illegal or unenforceable, in whole or in part, that provision or part shall to that extent be deemed not to form part of these terms and the enforceability of the remainder shall not be affected; and if any provision would be valid if some part of it were deleted, it shall apply with such deletions as may be necessary to make it valid and effective.

14.6 These terms are governed by and construed in all respects in accordance with English law, and the Courts of England and Wales have exclusive jurisdiction.

14.7 Save as set out in clause 14.8, none of the provisions of these terms are intended to be for the benefit of, or enforceable by, third parties, and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.

14.8 The Client shall be entitled to rely on and enforce clause 6 and the other rights and benefits under these terms given by you in favour of the Client, even though the Client is not a party to these terms.

15. Changes to these terms

15.1 We may change these terms by giving you at least 30 days' notice by email and in TutorCruncher, which will ask you to accept the new version. A change applies to Assignments that start after the notice ends and, if you continue to teach an existing Assignment after the notice ends, to that Assignment too. If you do not agree to a change, you may end the Assignment under clause 11.2.

15.2 Changes to your Fee for a group are agreed with you under clause 3.2. If we agree a change to your Fee or any other term with you, we will confirm it to you in writing (for example in your TutorCruncher job), with the date it takes effect, within five Business Days of agreeing it. If any information in your Key Information Document changes, we will send you a revised one within five Business Days of the change.

16. Agreeing to these terms

16.1 Before you agree to these terms, we will give you your Key Information Document and the information in Schedule 1.

16.2 You accept these terms by ticking to agree to them in your Rose Tuition account in TutorCruncher. You can also accept them by confirming by email or WhatsApp, or by agreeing to or starting an Assignment after we have sent you these terms. You do not need to sign anything.

16.3 You only need to accept once. These terms then apply to every Assignment you agree to, until we change them under clause 15.

16.4 If you were already teaching a group for us before these terms: from 1 January 2027, your work for us will be on these terms and any earlier arrangement between us for group tuition ends, as set out in clause 14.1. If you continue to teach for us after that date, you will be deemed to have accepted these terms.

16.5 Your confirmation. By accepting these terms, you confirm that each Assignment is and remains an accurate representation of the Tuition Services you provide, and that you will provide the Tuition Services autonomously and independently. You confirm that no Client, and no one else, exercises or has ever exercised any supervision, direction or control (or right of supervision, direction or control) over the manner in which you provide the Tuition Services and that, should anyone exercise or suggest they have the right to exercise any supervision, direction or control, you will immediately tell us. We may ask you to renew this confirmation from time to time, for example each term.

Schedule 1: Key terms (Regulations 14 and 15 of the Conduct Regulations)

This Schedule is issued in compliance with Regulations 14 and 15 of the Conduct Regulations and is given to you before we provide any work-finding services.

Employment status: contract for services. You are self employed.

Type of work: teaching small group tuition in Maths, English and Science, from KS2 to A level, at our venues or online.

Expected Fee and Minimum Fee (rate of remuneration): the rate per Session agreed with you for each group before it starts and shown in its TutorCruncher job. Your Key Information Document also shows your rate.

Payment terms and intervals: monthly in arrears, as set out in clause 3.4, paid by the first working day of each month.

Payment whether or not the Client pays: we will pay you for the Sessions you deliver whether or not the Client pays us (clause 3.5).

Holiday pay entitlement: there is no entitlement to holidays or holiday pay, as you are self employed.

Notice period to end an Assignment: 14 days, which is both the notice you must give us and the notice you are entitled to receive from us (clause 11.2), except where clause 11.3 allows us to end an Assignment sooner.

Safeguarding, security and other checks: before any Assignment, you must provide to us (or obtain, through us or elsewhere): (a) a valid Enhanced DBS Certificate, the contents of which are satisfactory to us, issued within the last 12 months; or (b) a valid Enhanced DBS Certificate, the contents of which are satisfactory to us, issued at any time, together with details of your registration with the DBS Update Service; and, as may be required, (c) a valid police check, criminal record check or similar documentary evidence from any judicial or similar authority in any country in which you have lived for more than 3 months in the last 8 years. You must also meet clause 8.2 (Qualified Teacher Status, identity and two written references).

Schedule 2: Your Assignment Details

For each Assignment, your TutorCruncher job (and any email or message from us confirming it) sets out:

(a) the group: subject, level, Location (the venue address, or online) and the day and time of Sessions;

(b) the Client(s): the families, and any school or organisation, with students in the group, as shown in TutorCruncher;

(c) the Start Date and End Date: the first and last Sessions in the TutorCruncher schedule for the job, or such other date as we agree with you in writing. Groups do not run in school holidays or half terms, and follow Nottingham City Council term dates;

(d) the Fee per Session; and

(e) any special terms, specific safeguarding requirements, additional checks, or anything we know about health and safety at the Location.

Payment terms (clause 3.4) and notice (clause 11.2) apply unless the Assignment Details say otherwise.

Rose Tuition Ltd, registered in England and Wales, company number 15507594. Registered office: Unit 27 Trent South Industrial Park, Nottingham NG2 4EQ. rosetuition.com