1.1 In these Conditions the following expressions shall have the following meanings:
“the Company” means TMSR LTD and all its managing partner companies, and their subsidiaries and/or affiliates who administer the website www.phdtutors.co.uk.
“the Client” means the individual, firm or corporation who is introduced to a “Service Provider” by the Company acting as an agent of the “Service Provider”.
“Service Provider” means a self-employed individual who has assigned the Company as an agent to be introduced to Clients. All Service Providers should be registered with the HMRC as self-employed and have a Unique Tax Reference (UTR) number, supplied by HMRC.
“the Services” means tuition in subjects taught at Schools and Universities in the UK, provided by the Service Providers to Clients, without any intervention by the Company.
“the Contract” means this document that lays down the terms and conditions for (i) the provision of the Company’s services to Clients (Clauses 1 – 10), and (ii) the contract for services agreed between the Client and the Service Provider (Clause 11).
“Booking” means an advance payment made by the Client to the Service Provider for providing the Services. This ‘booking’ payment includes the fee for the Service Provider, the administration commissions of the Company that are payable to the Company by the Service Provider and all relevant taxes (including VAT, as applicable). The ‘booking’ payment is collected by the Company on behalf of the Service Provider in line with a mutual agreement between the Company and the Service Provider.
“Business” means the business of the Company, as the agent of the Service Providers, to introduce them to Clients.
“Best Match Tutor” means a ‘Service Provider’ selected at the sole discretion of the Company having regard to the Client’s requirements and best able to fulfil the Client’s requirements.
The singular shall include the plural and vice versa.
Headings to these Conditions are for convenience only and inserted for ease of reference and shall not affect their construction.
2.1 The Company does not provide any tutoring services to Clients and solely acts on as an agent of the Service Providers. The company exists as an intermediary and only introduces Clients to Service Providers who provide all Services directly to the Clients. The company does not supervise, direct, or control how Service Providers provide Services to Clients. Service Providers revise and set their rates of pay.
The Company makes every effort to introduce a Best Match Tutor to a Client but does not guarantee it is able to do so.
2.2 Any quotation for Booking given by the Company to a Client is a rough estimation of the time and cost for a Service Provider to provide Services and would vary according to the scope of the Client requirements. The quotation will also indicate the sums payable to the Company by the Client for its administrative services such as to register the Client on its database or any additional services pertaining to the introduction of a Service Provider to them.
No Booking placed in response to or any other acceptance of a quotation or estimate shall give rise to a contract binding upon the Company. As an agent, the Company will use its reasonable endeavours to best estimate the number of hours required by the Client or cost of providing the Services and this best estimate will be given to the Client before a Booking is confirmed.
Upon introduction to the Client, if the Best Match Tutor notifies the Client that additional hours are required to offer the Services to meet the Client’s requirements, additional Bookings should be made by the Client. If no agreement is reached between the Best Match Tutor and the Client with regard to additional Bookings, the Best Match Tutor is only obliged to provide the Services for the Bookings made.
2.3 It is the Client’s sole responsibility to provide the Company with their specific requirements for Services during registration. These requirements will be used by the Company to introduce them to a Best Match Tutor. Changes to Client requirements cannot be made after their registration as a Client on the Company’s database. No refund of the registration fees as a result of such a change in Client requirements is applicable.
2.4 A binding Contract shall come into effect upon the earliest of any of the following namely:
(a) any commencement of the Services; or
(b) receipt of the Company’s written acceptance of a Booking made by the Client; or
(c) receipt of payment from or on behalf of the Client by the Company.
2.5 These Conditions are the only conditions upon which the Company transacts Business and shall be incorporated in the Contract to the exclusion of all other terms and conditions including any terms or conditions specified or referred to in any order placed by the Client. No variation of these Conditions shall have effect unless it is agreed to by the Company in a document signed by a director of the Company and issued to the Client.
2.6 In addition to these conditions, the Company may from time to time specify specific terms affecting the provision of its services to Clients or that of the Service Providers to the Clients as well.
2.7 Registration of a Client on the Company’s database is personal to the Client and not transferable under any circumstances. Any abuse of Client registration by the Client will result in suspension of all Services and forfeiture of all Bookings by way of damages.
3. Fees and Charges quoted
3.1 Bookings for Service Providers are inclusive of relevant taxes as applicable for any particular Service Provider. The charges payable by the Client to the Company (e.g. registration fee) are inclusive of all taxes including VAT (as applicable).
3.2 Fees and charges stated in quotations, estimates, acceptance of Bookings or other documents issued by the Company or communicated verbally prior to the provision of Services are not binding upon the Company. The fees and charges charged shall be the fees and charges ruling at the date of provision of Services by the Service Providers.
The Company and the Service Providers reserve the right to review their fees and charges from time to time. Clients will be charged fees and charges at the prevailing rate at the time any Contract is entered into or a Booking is made.
3.3 A minimum Booking of 5 hrs (or more) should be made by the Client at the time of registration before Services are provided. Any Booking of less than 10 hours is valid for use for 90 days from the date of purchase. Discounted, larger Bookings of 10 hours or more are always valid for a period of 12 months from the date of the Booking.
All Bookings are held by the Company on the Client’s behalf, to act as credit against Services provided, and all unused credit is forfeit after its validity period.
4. Cancellation of Bookings
4.1 The Client shall not be entitled to cancel a Booking (or any part of a Booking) and seek any refund of monies paid for a Booking except upon prior written agreement by the Company and upon such terms as will indemnify the Company for all costs, charges, expenses, damage or loss (including without limitation loss or profit) incurred or suffered by the Client in respect of each such Booking. The Company is not bound to agree to any such cancellation notwithstanding any purported cancellation from the Client.
4.2 Cancellation and or rescheduling of a previously agreed Booking or any part thereof should be mutually agreed between the Client and the Best Match Tutor at least 24 hours in advance.
4.3 If a previously agreed Booking is cancelled and or rescheduled by either the Client or the Best Match Tutor with less than 24 hours notice it is their sole responsibility to agree who bears any additional cost they may have incurred.
4.4 It is the responsibility of the Client and the Best Match Tutor to inform each other of any inability to attend scheduled Bookings and to resolve any issues relating to cancellations and rescheduling of Bookings.
4.5 The Company will not be involved in issues between the Client and the Best Match Tutor whether relating to cancellations or rescheduling. They should resolve this amongst themselves.
4.6 If the Company is unable for any reason able to introduce a Best Match Tutor to the Client, the Company will cancel the Booking and refund any fees paid other than its administration fee for registration.
5. Fees, Refunds and Payment
5.1 A non-refundable registration fee is payable by the Client to the Company when the Client registers with the Company. The registration fee is payable to cover the Company’s administration charges in registering the Client and entering the Client details on its database.
A fast track fee is payable to the Company by the Client for expedited services to be introduced to a Service Provider (fast track services).
5.2 The Client will be issued with invoices for all Bookings made for Best Match Tutor/s. If more than one tutor is introduced to the Client at the same time, separate invoices for each of them will be provided.
5.3 By making a Booking for a Best Match Tutor and registering with the Company, the Client is instructing the Company to immediately start the process of introducing them to a Best Match Tutor (including fast track services). Hence, any instructions for cancellation of Services or refunds from the Client, after they have registered with the Company and before they have been introduced to a Best Match Tutor, will incur proportionate charges for all the work done by the Company until that point of time to arrange the introduction of the Best Match Tutor. These charges will be in addition to the administrative charges for registering the Client (the registration fee) or offering any fast track services.
5.3.1 A cancellation of Services request by the Client after a ‘confirmation of registration’ email has been sent to the client indicating that the Client has been registered on the Company’s system and Best Match Tutor/s have already been contacted with their requirements, will incur a 30% deduction from the Booking fees paid to the Best Match Tutor, before a refund is made.
5.3.2 A cancellation of Services request by the Client after Best Match Tutor credential/s are emailed to the Client, confirming availability of the Best Match Tutor/s for the Client, will incur a 50% deduction from the Booking fees paid to the Best Match Tutor, before a refund is made.
5.3.3 Once the Client has been matched or introduced with a Best Match Tutor and their contact details have been exchanged, cancellation of Services or request for refunds are not accepted. The Client will only be entitled to a credit note (to be used by self or friends/family) that can be used against subsequent requests for Services within 12 months from the date of such a cancellation of Services or refund of Booking request is made.
5.3.4 If a Booking made at the time of registration is cancelled after the client has been ‘matched’ or introduced to a Best Match Tutor, only under extraordinary circumstances and at the sole discretion of the Company, the company may refund 30% of the Best Match Tutor’s Booking fees back to the Client.
5.4 Once the Best Match Tutor has started providing the Service to the Client, if there are any problems (emergency absence, incompatibility etc.), these should be brought to the attention of the Company by the Client within 24 hours of being noted. In such a case, the Client should stop accepting all further Services from the Best Match Tutor until the matter has been resolved by the Company. The Company will make every effort to resolve the matter by contacting the Best Match Tutor/s and can provide a replacement Best Match Tutor, if needed. Refunds of bookings are not applicable in such instances.
5.5 If the Client fails to comply with the payment obligations, the Best Match Tutor will suspend the performance of their Services to the client and the Company will too.
5.6 If any sum due from the Client to the Service Provider under the Contract or any other contract is not paid on or before the due date for payment, all sums owing from the Client to the Service Provider shall immediately become due and payable.
5.7 All payments shall be made in pounds sterling and all charges stated are inclusive of taxes which shall be charged (if applicable) at the prevailing rate. The Company does not accept cheque or cash payments.
All payments in respect of every Booking shall be made to the Company and not to the Service Provider.
6. Performance of the Contract
6.1 The client instructs the Company to start the process of introducing them to a Best Match Tutor the very instance payments for Bookings are received by the Company. Dates or periods for providing the Services are approximate and shall not be binding due to the fact that Services depend on the availability of Best Match Tutors and the Company is acting as their agent.
The Company reserves the right to terminate the Contract with the Client without notice if the Client makes any arrangements to pay for Services directly with a Service Provider.
6.2 If the Company or the Service Provider is delayed or hindered in or prevented from performing the Contract or any part thereof by circumstances beyond their control then the Company and or the Service Provider may suspend further performance of the Contract for so long as it is so delayed or prevented or hindered and such suspension shall not constitute a breach of the Contract on the part of the Company or the Service Provider.
6.3 If performance of the Contract is suspended under Condition 6.2 for more than 4 weeks due to the inability of the Service Provider to provide the Services, the Company shall at the written request of the Client use its reasonable endeavours to procure the provision of an alternative Service Provider. If such alternative cannot be procured or is unsatisfactory to the Client, then in such event, either the Company or the Client shall be entitled to terminate the Contract by written notice.
6.4 The above circumstances in 6.2 do not include any Force Majeure Event such as an act of God, fire, flood, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic disease, failure of utility service or transportation. In case of Force Majeure events, the Company, Service Provider and the Client are not obliged to perform their parts of this Contract. In such events, request for refunds of Bookings will not be applicable because of the suspension of services by the Company or the Service Provider/s. Extended validity of the Bookings will be provided for Clients or their friends and family to use the Services of the Service Provider/s at a later point in time.
6.5 The Company shall notify the Client in writing of any such suspension of performance of the Contract and if such suspension continues for more than 4 consecutive weeks either the Company or the Client may by notice in writing to the other terminate the Contract but should pay for the Services for the Best Match Tutor until that point of time as well as for all costs incurred by the Company to introduce the Best Match Tutor to the Client.
6.6 All Service Providers follow the ethical guidelines of UK Schools, Colleges and Universities in providing their Services to Clients. The students/Clients should produce their own work under the guidance of Best Match Tutors as applicable.
The Company reserves the right to terminate the Contract without notice and the Best Match Tutor would cease providing all Services if the Client asks a Best Match Tutor to DO a piece of work (assignment, coursework, dissertations, Tests, Exams .etc) for them. No refunds of Bookings are provided for any unused time in such circumstances.
6.7 The Company also reserves the right to terminate the Contract without notice and the Best Match Tutor would cease providing Services if the Client under any circumstances discriminates, misbehaves, bullies or abuses a Best Match Tutor as far as the conventional standards of civic behaviour and relevant current laws of the United Kingdom are concerned. No refunds of Bookings are applicable in such circumstances. This is applicable without the Client’s right to appeal for further reconsideration.
7. Limitation of Liability
7.1 Nothing in this Contract shall impose on the Company any liability in respect of any representation, suggestion or comment made to the Client by the Service Providers or the Company’s employees in the course of any communication between the Company and the Client leading to the making of the Contract unless in the case of any such representation the Company has expressly agreed in writing that it shall be a term of the Contract. The Company’s liability under the Contract shall be limited to the aggregate amount of its fees received from the Client.
Neither the Company nor the Best Match Tutor/s accepts any liability for the academic outcome or results of the Clients’ work produced under the guidance of the Best Match Tutors. These outcomes could be any academic judgement made upon the Client’s/Student’s work by any educational institution or professional body with which they may be affiliated. Responsibility for the success or failure of their efforts rests solely with the Clients themselves.
7.2 Any negative review or public defamation of the Company or the Best Match Tutor solely because of results obtained by the Client, will be subject to appropriate legal action to claim damages. The sole responsibility of producing good results lie with the Client and the Best Match Tutor only provides guidance and does not guarantee results, grades or application outcomes.
Acceptance of the Contract constitutes an agreement to indemnify the Company, without limit, in respect of any claims arising out of, or relating to, Services provided by a Best Match Tutor to a Client.
8. Sub-contracting and Agency
8.1 The Company shall be entitled to sub-contract its services in whole or in part.
8.2 The Company acts as an agent for Service Providers it introduces to the Client and whilst every effort is made to match the Client with an appropriate Service Provider for the Services required by the Client, the Company does not accept any responsibility for the failure or inadequacy of any Services provided by the Service Provider.
8.3. The Best Match Tutor is able to offer a substitution Service Provider for the Client.
Any notice authorised or required to be given pursuant to these Conditions shall in the case of a notice to the Company be sent to it at the address stated upon its acceptance of order from time to time or such other address as the Company shall from time to time notify the Client and shall in the case of a notice to the Client be sent to the Client at the address of the Client last known to the Company. Any such notice may be given by post only. To prove service in the case of a notice given by post it shall be sufficient to show that the notice was despatched by first class recorded delivery service in a correctly addressed and adequately stamped envelope. Service shall be deemed to have been effected 24 hours after despatch by post.
10. Law and Jurisdiction
The Contract shall be governed by and construed in all respects in accordance with English Law and the Company, Service Providers and the Clients hereby submits to the exclusive jurisdiction of the English Courts.
11. Contract for services between Best Match Tutor and Client
This entire clause (clause 11 and its sub-clauses) lays down the terms of Service provided by a Best Match Tutor to a Client introduced by the Company. The Best Match Tutor and the Client acknowledge that these terms govern the legal rights and obligations between them.
This section should be read alongside the entire terms and conditions and agreed to, before a Client decides to be introduced to a Best Match Tutor via the Company.
The Best Match Tutor/s has instructed its agent, the Company, to issue invoices, receipts and credit notes to the client on their behalf.
These terms constitute the whole agreement between the Client and the Best Match Tutor and no variation or alteration of these terms shall be valid. The Client and the Best Match Tutor agree that this agreement is governed by the laws of England and Wales regardless of where the Services are provided.
11.2.1 The Best Match Tutor introduced to the Client is a self-employed person and the Company acts as an agent of the Best Match Tutor. All invoices for Bookings received by the Client are raised on behalf of the Best Match Tutor by the Company and all payments are initially received by the Company.
11.2.2 The Best Match Tutor pays an administration commission per hour of Booking to their agent, the Company, against purchase orders raised by the Company for introducing the Best Match Tutor to the Client. For the convenience of all parties, this administration commission (plus any Value-Added Tax payable on it), will be deducted by the Company at the time the Client’s payment is transferred to the Best Match Tutor. Hence, all Bookings must be paid to the Best Match Tutors by Clients, via the Company, and should not be paid directly to the Best Match Tutors.
11.2.3 The Company, as an agent for the Best Match Tutor, will agree an hourly rate for offering the Services to the Client. The hourly rate may not be changed by the Best Match Tutor or the Client without a written agreement with the Company.
11.2.4 Paying a Best Match Tutor directly for Services, by Clients, is in breach of this Contract and will be a matter of legal action to recover losses of administration commission that would then be due to the Company. Such a breach of the Contract will render the Best Match Tutor and the Client liable to pay the Company all sums paid and received, and the Company will be entitled to seek an injunction against the Best Match Tutor and the Client to prevent further breaches.
11.3 Provision of Services
11.3.1 The Best Match Tutors will not be subject to any supervision, direction, or control, or any right thereof, by either the Company or the Client, as to the manner of performance of the agreed Services. All such Services provided by Best Match Tutors to Clients are ethical and guided by best practices of UK Universities and major professional associations.
11.3.2 A Best Match Tutor does NOT do or produce any piece of work in part or in full on behalf of the Client that is or will be, in part or full, subject to a formal examination, scoring, review or evaluation towards successful completion of a degree, an application, an entrance test, a diploma or any other professional exams or qualifications.
11.3.3 The Company does not provide any tutoring services to Clients. All such Services are provided solely by the Best Match Tutors.
11.3.4 The Best Match Tutor will carry out the Services professionally, with due skill, diligence and care.
11.3.5 The Best Match Tutor is responsible for the content of the lessons (or other Services) and may prepare and research for these in accordance with the Client’s requirements and/or a relevant exam syllabus, materials or other information provided by the Client.
11.3.6 It is the sole responsibility of a Client to discuss the tentative expenditure of time from the Bookings, for Services that are to be offered to them by the Best Match Tutor including time used for corrections, reviewing written materials, lessons, preparation, research, marking, telephone calls, writing emails etc. Time spent for all such activities are accounted from Bookings, at the standard hourly rate of the Best Match Tutor as indicated on the Client invoice.
11.3.7 The Best Match Tutor should explain to the Client, the rationale and need for the expenditure of time for any particular Service that is provided to the Client and is accounted from the Bookings.
11.3.8 The Client agrees to deal with and settle any confusion or disagreement arising out of expenditure of time for Services provided by the Best Match Tutor, and will not involve the Company in such matters because the Company does not schedule or control the delivery of Services to Clients.
11.3.9 The Best Match Tutor’s methods of teaching, marking, supervising and guiding, as well as the content of lessons are those of the Best Match Tutor alone and are not supervised or controlled by the Company.
11.3.10 The Company is not responsible for providing any relevant teaching materials, subscriptions or software, and matters pertaining to these should be decided directly between the Best Match Tutor and the Client.
11.3.11 The Client and the Best Match Tutor are jointly responsible for agreeing a safe and suitable environment for the Services to be offered. This could be online, any public or private place.
11.3.12 It is the obligation of the Best Match Tutor to ensure that their timesheets are accurate and up to date; Clients should sign the timesheets when asked, to confirm the accuracy of the information on those. Clients have no obligation to sign inaccurate timesheets and if they believe the information on the timesheet is inaccurate, they should discuss it with the Best Match Tutor to clarify the matter.
11.4 Cancellations, Scheduling & substitution
11.4.1 The Best Match Tutor and the Client are solely responsible for planning meetings, calls or sessions. The Company is not involved in these.
11.4.2 If a previously agreed Booking is cancelled and/or rescheduled by the Client with less than 24 hours notice, the Best Match Tutor may charge the Client for the entire duration of the planned session.
11.4.3 The Best Match Tutor and the Client should work out how to compensate for any lost time or delays made by either party without involving the Company.
11.4.4 The Best Match tutor can provide a replacement Best Match Tutor to a Client if they become unavailable to provide Services to the Client, due to any unforeseen reasons.
11.5.1 The Company is not responsible for any insurance arrangements in respect of the Best Match Tutor and their provision of Services to Clients.
11.5.2 The Company is not liable for any claims made by either the Client or the Best Match Tutor relating to the provision of Services or any related matters.
11.5.3 The Company does not exclude liability that is not permitted to be excluded by law.
11.5.4 The Best Match Tutor is engaged by the Client only to provide Services and is not responsible for the safety, wellbeing, welfare and care of the Client or for their personal protection or protection of their property/goods.
If you have any complaints or concerns please email the admin team of phdtutors.co.uk.