These are the standard terms of business (“Terms”) of Figtree Learning Limited (“Figtree”, “we”, “us”, the “Company”) effective from 18 August 2017. These Terms apply to all of our work for you unless you have agreed a variation to them in writing with an authorised representative of the Figtree.
Terms of Service
Figtree Learning Limited
- Figtree Learning Limited is a limited liability company organised under the laws of England and Wales with registered number 10180838 and whose registered office is at Suite 69, 28 Old Brompton Road, London, England, SW7 3SS.
- Figtree provides its customers (“Customers”, “you”) and professional education personnel (“Tutors”) with a matching service for teaching and education services (the “Service”).
- By requesting Figtree to provide the Service, you agree to and accept these Terms and agree to be bound by them.
- We do not employ any tutors. They are self-employed professionals and in addition to the contract you form with us by using our Service, you will have a direct contractual relationship with any Tutor you engage to provide educational services.
- Figtree cannot be held liable for any action of any Tutor. However, we do take measures to ensure the safety and security of the Children that our Tutors engage with. These procedures are set out in our Child Protection Policy, a copy of which is available on request from firstname.lastname@example.org.
- If you wish to discuss these Terms or to send any notices to Figtree under these Terms, please send them via email to email@example.com.
Scope of the Service
- We provide a facilitation service for Customers seeking to find Tutors for tutoring engagements.
- We also collect and disburse payment to Tutors on their behalf, and the fees that you are quoted for a particular engagement, may be inclusive of the Tutor’s fees and our fees.
- Whilst we go to considerable effort to ensure that you have an excellent experience of our Service and we pride ourselves in the personal and tailored way we deliver the Service, our Service is limited to facilitating introductions between you and Tutors in accordance with your instructions. We will remain on hand to ensure you have a positive experience with our Tutors.
- When providing the Service, we do not act as an employer, an employment agency or an employment business of any kind. You will be the employer of the Tutor if you engage with one, and you will be responsible for any employment related registrations, expenses, checks or other compliance.
- In particular, we do not act as an employment agency or an employment business for the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (the “Regulations”).
- We may from time to time offer to assist with assessments of your child’s needs, and to make recommendations and introductions to schools that we consider may be a natural fit for your child. We make every effort to ensure that those recommendations or introductions are suitable, however, you are ultimately responsible for making the final decision in selecting a Tutor or school, and we cannot be held responsible if you are unhappy with the Tutor or with a school that we have introduced to you.
- Where we make professional introductions to child psychologists, learning difficulties specialists we do so on an as is basis, we do not warrant or represent that in making such an introduction we have any special knowledge, nor have undertaken any referencing or background checks on those professionals.
Forming an Agreement with Figtree
- By using the Service you are agreeing to these Terms and to any fees applicable to the provision of the Service offered to you at the time that you engage with us (an “Agreement”).
- If you form an Agreement with Figtree to provide the Services, then you agree to be bound by these Terms for the Term of that Agreement.
Your Relationship with Tutors
- When you engage with a Tutor to provide a Tutoring or other educational service, you do so directly and not via Figtree.
- Figtree will invoice you on behalf of the Tutor for Figtree’s fees and for the Tutor’s fees together, and your payment of all fees is governed by this Agreement.
- You acknowledge that the core Service involves the facilitation of introductions between Customers and Tutors. You accept and agree therefore not to make arrangements with Tutors for the provision of educational services without reference or payment to Figtree for the Service.
- You acknowledge that damages may not be an adequate remedy for a breach of this clause 4, and that nothing in our Agreement with you shall prevent us from seeking remedies to prevent your continuing breach of this Agreement from a court, for example via an injunction.
Fees and Expenses
- You agree to pay us promptly for any fees that we invoice, for us and or on behalf of a Tutor, as well as any expenses incurred in the course of providing that Tutor, provided that those costs are agreed with you in advance.
- We reserve the right to charge VAT on our Services and to amend our fees to account for changes in VAT rates or for any other reason whether required to do so by law or not. Any such charge would be added in addition to the fees currently stated.
- By submitting your credit or debit card details to our Service you authorise us to take payment from the card details you provide for any fees that have become due under this Agreement.
- You agree to pay us promptly on presentation of an invoice for the fees that we have agreed with you in advance as well as any fees we are invoicing to you on behalf of a Tutor.
- We may suspend provision of the Service to you if you do not pay any of your fees on time when due or terminate the Service in accordance with clause 11.3.
- Our regular billing cycle is monthly in arrears, and our invoices are due within 14 days of receipt unless otherwise agreed with you in writing. If you are regularly late in making payment of your invoices we may request that you make a deposit payment in advance or that you make payment in full prior to delivering the Service to you. You agree that if you do not comply with this request we may be obliged to cease the delivery of the Services to you.
- If you have advised us that a third party is due to pay our fees, you agree that you will pay us promptly if we have not received payment within 14 days of your receipt of our invoice.
- We will keep all information that you provide to us while delivering the Service confidential. We will not disclose any such confidential information to a third party without your consent in writing or if required to by a court of competent jurisdiction.
- We reserve the right to use third party service providers to deliver parts of the Service and we undertake to bind them on the same terms as are set out here.
- We will process personal data that you provide to us for the following purposes:
- providing the Service;
- providing appropriate instructions or information to Tutors or others working for you including those located outside the EEA;
- complying with our obligations to third parties;
- maintaining and using a database of our Customers;
- verifying your identity if required.
- We rely on you to obtain and provide any consents necessary under applicable data protection laws to permit you to provide and for us to process data for these purposes.
- We will store and manage data that you provide to us and that relates to you securely and in compliance with all applicable data protection laws.
- We are registered with the ICO with registration number ZA270337. For the purposes of the Data Protection Act 1998, our nominated data protection officer is Ariana Azad.
- To the fullest extent possible allowable under the law, we exclude all liability to you directly or indirectly arising out of our Services.
- We cannot be held responsible for any actions of any Tutor or other third party introduced to you by us whether in the course of the Service or otherwise.
- We do not, however, seek to limit our liability in respect of any fraud or negligence in the delivery of the Service, nor for our liability for death or personal injury caused by our negligence, nor do we seek to limit our liability in any other way not permitted by law.
- These Terms and the agreement between us and you arising out of them shall remain in full force and effect unless and until otherwise varied or terminated as set out in the Terms.
- Either party may terminate an agreement arising out of these Terms immediately by written notice.
- We may terminate your use of the Service immediately without further reference to you if you have not paid your fees within 30 days of them becoming due and payable.
- Both parties acknowledge and agree that clauses 7, 8, 9 and 10 shall survive the termination of an agreement arising out of these Terms.
- We reserve the right to change these Terms in our sole discretion at any time. If we do so, we will endeavour to give you reasonable written notice of our intention to do so.
- You are entitled to terminate your agreement with us by serving written notice that the agreement will terminate when the new Terms come into effect, however, you shall continue to be bound by certain provisions of these Terms in accordance with clause 11.4 above.
- Except where we clearly say otherwise, nothing in these terms gives any person any rights under the Contracts (Rights of Third Parties) Act 1999. These terms may be varied by us without the consent of any third party.
- If any part of these terms is held to be invalid or unenforceable, the remaining terms will continue in full force and effect.
- These terms and our services are governed by English law and both parties submit irrevocably to the jurisdiction of the English courts in relation to any dispute between us.