Terms and Conditions
Definitions
Tutor is the person introduced to the Client by the Whetstone Education Ltd for Tuition.
Mentor is the person introduced to the Client by the Whetstone Education Ltd for Mentoring.
Head Tutor is the person who processes new Client proposals, provides the Client with Tutor / Mentor options to choose from, oversees the continued provision of excellent services by the Tutor / Mentor and is the primary point of contact between the Client and the Tutor / Mentor if required.
Client is the person who pays Whetstone Education Ltd for the services of being introduced to the Tutor / Mentor for Tuition and / or Mentoring.
Student is the person receiving tutoring and / or mentoring from Whetstone Education Ltd.
Tutoring is the provision of lessons to the Students, charged at an hourly rate and billed through Whetstone Education Ltd.
Mentoring is the provision of education advice or consultation on any area of education as required by the Client, charged on a fixed quarterly rate and billed through Whetstone Education Ltd as an agent for the Mentor.
Introduction is the passing on of Tutor / Mentor information to the Client.
Agreed hourly rate is the rate agreed that the Client will pay the Employment Business for the provision of Tutor / Mentor Engagements
Initial Meeting is the first hourly face to face meeting between Client and Tutor or Mentor.
Tutor / Mentor Information includes the contact details and profile information provided by the Tutor / Mentor, and sent by Whetstone Education Ltd to the Client.
General
Whetstone Education Ltd is an agent for Tutors and Mentors. It provides introductions of Tutors / Mentors to Clients and vice versa. It also collects fees from the Client on behalf of the Tutor / Mentor together with its own fee based on commission. The hourly rate for tuition and quarterly rate for mentoring includes the tutor / mentor’s fees and Whetstone Education Ltd’s own fee. VAT is applied where appropriate.
An opinion expressed by a Tutor / Mentor is not necessarily an opinion held by Whetstone Education Ltd.
These terms and conditions govern the relationship between Client, Tutor / Mentor and Whetstone Education Ltd and Whetstone Education Ltd reserves the right to alter these terms and conditions.
No variation or alteration of these terms and conditions shall be valid unless approved in writing by a Director of Whetstone Education Ltd.
Use of our services will be taken to represent agreement to these Terms and Conditions.
Client Terms and Conditions
Use of our services will be taken to represent agreement to these Terms and Conditions.
Outline of how we work:
Whetstone Education Ltd acts as an agency between Client and Tutor / Mentor.
The primary point of contact between the Client and Whetstone Education Ltd will be through the Head Tutor that processes the new Client proposal, provides the Client with Tutor / Mentor options to choose from, oversees the continued provision of excellent services by the Tutor / Mentor and is the primary point of contact between the Client and the Tutor / Mentor if required.
The Client should expect a meeting (in person or video call) with the Head Tutor at least once a month to discuss the ongoing needs of the Client. However, the Client can contact the Head Tutor at any time. If the Head Tutor is not immediately available an appointment will be scheduled by the Head Tutor as soon as is possible.
When a Tutor / Mentor accepts the opportunity to work with a Client, the Tutor / Mentor Information will be passed on to the Client in an Introduction email set up by the Head Tutor in charge of managing that particular Client.
Tutors / Mentors will provide an academic report after the first lesson / session with a new Client, as well as a detailed scheme of work for at least the coming month. This will include an assessment of the abilities of the Student, laying out strengths, weaknesses and areas to be immediately focused on.
At the end of each month in which a Client is being billed for sessions the Tutor / Mentor will provide an academic report. This will include an assessment of the abilities of the Student, laying out strengths, weaknesses and areas to be immediately focused on.
2. Fees and Payment
For private tuition services, Clients are invoiced on the first day of each month for the lessons / sessions received during preceding month. Payment is undertaken by bank transfer to our account details from a client. For non-UK accounts, a Stripe invoice, or PayPal invoice can be sent with a PayPal surcharge of 5.1% + 20p, or for bulk payments, a bank account transfer can be arranged.
Payments must be made to Whetstone Education Ltd within 14 days of the date of the invoice. Outstanding payments will accrue interest at a rate of 4% per week from due date until payment is received by Whetstone Education Ltd.
If any sums remain unpaid for 14 days, Whetstone Education Ltd will initially send the Client reminder letters until such sums (including interest thereon and other reasonable costs) are paid. A charge of £15 per letter will be made (which sum will be added to the overdue sum and interest charged thereon) to cover Whetstone Education Ltd’s administration costs.
While, tuition fees are agreed in advance between Whetstone Education Ltd and the Client, Whetstone Education Ltd reserves the right to change the tuition rates at any time, provided reasonable notice has been given to the Client.
3. Responsibilities
A Tutor or Mentor is not to be held responsible for chaperoning minors, nor guarding a house and household effects while Tutoring or Mentoring. A responsible adult must be on the premises at all times.
4. Non-solicitation
The billing process will be under the control of Whetstone Education Ltd. All bookings of our tutors / mentors and payments for any of our services is to be undertaken only through Whetstone Education Ltd and the Client is not to agree to any alternative fees with the Tutor / Mentor and is not to pay Tutors / Mentors directly.
A breach of these terms will render the Client liable to account to Whetstone Education Ltd for all sums received by the Tutor / Mentor direct from the Client or from a new Client without deduction and Whetstone Education Ltd shall be entitled to seek injunctions against the Client to prevent further breaches. These obligations continue beyond the termination or conclusion of this agreement.
If you are looking to recommend a Tutor from Whetstone Education Ltd to another potential Client, then this recommendation and booking must also take place through Whetstone Education Ltd.
5. Expenses
Any additional expenses such as text books and travel expenses must be agreed with the Client before invoicing. We recommend that the Client buys on their own any material for the lessons (recommended by the Tutor / Mentor).
Clients should not make direct payments to the Tutor / Mentor, instead all payments should come through Whetstone Education Ltd and the Client will be invoiced for any additional expenses on the first day of each month for the expenses sue from preceding month.
6. Environment
The Tutor / Mentor and the Client are responsible for finding and agreeing on a suitable environment in which tuition / mentoring can take place.
7. Liability
Whetstone Education Ltd does not accept any liability for any claims by the Client arising out of or related to the carrying out of the Tutoring / Mentoring by a Tutor / Mentor introduced by Whetstone Education Ltd.
Whetstone Education Ltd is not liable for any loss, expense, damage or delay arising from the negligence, dishonesty, misconduct, accidental or deliberate damage to property during the assignment or lack of skill of the Tutor / Mentor.
Whetstone Education Ltd is not liable for outcomes of Tutoring / Mentoring including, but not limited to, exam results, entrance tests and dissertation scores.
8. Late Arrivals Policy
If the Client / Student is late for a Session, the Tutor / Mentor may choose to but is not obligated to work beyond the scheduled end time.
If the Tutor / Mentor agrees to work beyond the scheduled end time at the Client’s request, the Tutor / Mentor may choose to charge the Client for the additional time. If a Tutor / Mentor is late for a Session, then it is the duty of the Tutor / Mentor to arrange to make up the lost time.
If the Tutor / Mentor arrives late and the Client cannot arrange for the missed time that session or in the future, then the Client is not liable for the missed time.
9. Cancellation Policy
Clients should be aware that there can be considerable preparation involved before each Session of tuition or mentoring, in addition to travel time and cost to the Tutor / Mentor.
Both the Client and the Tutor / Mentor must notify the other in advance of any holiday commitments they may have, including but not limited to holiday, illness, and adverse weather conditions that prevent access.
24 hours cancellation notice of any session must be given by the Client, under which Whetstone Education Ltd charges them if they cancel the lesson, unless there are mitigating circumstances.Tutors / Mentors are entitled to 100% of the agreed sessions payment to them if the Client cancels within 24 hours, outside which none is provided and the Client shall be invoiced in accordance with the above payment terms.
If the Student or Client chooses to terminate a Lesson / Session early (for example, after one hour of a two-hour session), the Lesson / Session will be charged at the usual price.
Cancellations by the Client of more than 3 weeks in succession, or that which Whetstone Education Ltd perceive as unreasonable, regular cancellations, will be considered for immediate termination of contract, at Whetstone Education Ltd’s discretion.
10. Termination of Tuition
The Client can terminate tuition with a Tutor / Mentor with 48 hours of notice. A Tutor / Mentor can terminate tuition / mentoring with a Client with 2 weeks of notice. This period is in place to allow Whetstone Education Ltd to find a replacement Tutor / Mentor, if required. Whetstone Education Ltd has the right to waive the 2 week notice period if it is felt that this would be in the best interest of both the Tutor / Mentor and the Client.
11. Data protection
Whetstone Education Ltd is registered under the Data Protection Act to hold and use Client data for the purposes of the services that it provides. Clients providing personal data to Whetstone Education Ltd are consenting to the use of that data by Whetstone Education Ltd for the purpose of effecting introductions to Tutors / Mentors, for billing and fee collecting purposes and to enable Whetstone Education Ltd to contact the Client / Student from time to time. Where required for legitimate purposes in connection with Whetstone Education Ltd’s business and subject to suitable safeguards that data may be transferred to others.
The Client agrees that they will not disclose any confidential information concerning the Tutor or Whetstone Education Ltd to any person for the duration of this agreement and for a period of five years after termination of the agreement, save as required by law, court order or any governmental or regulatory authority.
For more detail please see our separate Privacy Policy document.
Tutor / Mentor Terms and Conditions
Acceptance of work with our Clients will be taken to represent agreement to these Terms and Conditions.
1. Overview of how we work
Whetstone Education Ltd is under no obligation to offer a Tutor / Mentor opportunities.
The Tutor / Mentor is not obliged to take on any opportunities offered by Whetstone Education Ltd.
When a new Client comes to Whetstone Education Ltd with a Tuition or Mentoring request a Head Tutor will oversee the appointment of this new opportunity to a suitable Tutor and Mentor. The Head Tutor will send an email to the Tutors / Mentors they deem well suited to the job. If available to take on this new Client, the relevant Tutor / Mentor profiles will be sent to the Client to choose between before a final decision is made.
When a Tutor / Mentor accepts the opportunity to work with a Client, their contact details will be passed on to the Client in an Introduction email set up by the Head Tutor in charge of managing that particular Client.
The Tutor / Mentor is then obliged to make contact with the Client within 24 hours of the introductory email to discuss their requirements and, if appropriate, arrange the first session.
The Tutor / Mentor is then obliged to contact the Head Tutor who has arranged the Introduction to inform them that contact has been made and outline the arrangements that have been made.
The Tutor / Mentor and the Client are responsible for finding and agreeing on a suitable environment in which tuition can take place. This should be quiet and free from distraction and interruption. Whetstone Education Ltd will not provide working space.
Tutors / Mentors should provide a high standard of Tuition / Mentoring, in accordance with the expectations of the Client, the overseeing Head Tutor, and Whetstone Education Ltd. This means that Tutors / Mentors must be punctual to all sessions, well prepared and professional in their attitude, in keeping with the values and ethos of Whetstone Education Ltd.
Tutors / Mentors are expected to regularly check their phone and email for updates from the Client or the Head Tutor overseeing their particular Clients.
The overseeing Head Tutor will expect to be able to schedule a meeting (in face or video call) with the Tutor / Mentor at least once a month in order to check in with the Tutor / Mentor and discuss the ongoing needs of individual Clients.
Tutors / Mentors should provide an academic report after the first lesson / session with a new Client, as well as a detailed scheme of work for at least the coming month. This should include an assessment of the abilities of the Student, laying out strengths, weaknesses and areas to be immediately focused on.
At the end of each month in which a Client is being billed for sessions, the Tutor / Mentor is expected to provide a detailed academic report. This should include an assessment of the abilities of the Student, laying out strengths, weaknesses and areas to be immediately focused on.
Tutors / Mentors are expected to keep Whetstone Education Ltd informed of changes to their Tuition / Mentoring preferences, availability, or contact details.
3. Private Arrangements
Tutors / Mentors are not permitted to make private arrangements for Tuition / Mentoring with Clients introduced by Whetstone Education Ltd or with new Clients introduced by Whetstone Education Ltd Clients. Should a Tutor / Mentor breach this obligation, they will be liable to account to Whetstone Education Ltd for all sums received by them from the Client without deduction and Whetstone Education Ltd shall be entitled to obtain an injunction against them to prevent further breaches. This obligation shall continue notwithstanding termination of this Agreement.
All Tutors / Mentors are not permitted to take directorship of a company in direct competition with Whetstone Education Ltd within five years of having billed and received payment from Whetstone Education Ltd.
4. Interview procedure and DBS certificate
All Tutors / Mentors must have an interview carried out by Whetstone Education Ltd. Tutors / Mentors may be required to submit a full CV, photo ID, references and evidence of qualifications. Tutors / Mentors must provide a copy of a valid DBS certificate (previously CRB) before Whetstone Education Ltd will introduce them to potential clients or Tutoring / Mentoring opportunities.
5. Tutor Profiles
Tutors / Mentors are responsible for keeping their profiles up-to-date and accurate. The allocation of Tuition / Mentoring opportunities by Whetstone Education Ltd is based on these profiles, and Clients will read and compare them when deciding on which Tutor /Mentor presented by the Head Tutor they would like to work with.
Updates to profiles should be submitted to the overseeing Head Tutor at the end of each month, along with the monthly time sheets, and academic reports for Clients.
6. Payment
Whetstone Education Ltd will agree the fee structure on behalf of the Tutor / Mentor, and with the Client prior to commencement of the Tuition / Mentoring.
A reasonable charge for travel may be required by a Tutor / Mentor. This should be discussed with the Tutor /Mentor prior to commencement of work with a new Client.
Payment directly from the Client must not be accepted by the Tutor / Mentor. If this does happen, the Tutor or Mentor will be removed from the list of approved Tutors / Mentors for Whetstone Education Ltd and will no longer be referred to Clients. All sums received by the Tutor / Mentor directly will be immediately payable to Whetstone Education Ltd and shall be actionable through the Courts without further notice to the Tutor / Mentor.
The Tutor / Mentor is responsible for keeping a record of the sessions carried out over the course of a month. The timesheet should be submitted Whetstone Education Ltd before the end of each month to receive payment for the monthly sessions carried out. If the timesheet is submitted late then the Tutor / Mentor will not receive payment until the first 14 days of the following month.
Whetstone Education is responsible for invoicing the Client.
Once (and only when) payment is received from the Client by Whetstone Education Ltd, then Whetstone Education Ltd will pay the Tutor / Mentor by online bank transfer.
The Client has 14 days from the 1st of the following month to pay in full for the previous month, after which they will be charged interest of 14% which will be made payable to the Tutor / Mentor. The additional fee of £15 that Whetstone Education Ltd charges for each letter sent to a Client chasing payment will be kept by Whetstone Education Ltd as an administration fee.
The Tutor / Mentor is self-employed and engaged by Whetstone Education Ltd to provide tuition to the Student and is therefore responsible for registering with HMRC as a sole trader and declaring their income for tax purposes and National Insurance contributions.
For the avoidance of doubt, the Tutor / Mentor will not be employed by us. This means (assuming the Tutor / Mentor is resident in the UK and unless they have set up your own limited company) that you will be a sole trader (self-employed). They will have to register with HMRC as a sole trader, take care of their own taxes and national insurance contributions, and so on. Full details of their obligations as a sole trader can be found on the government's websites.
8. Expenses
All expenses, including materials and travel, must be agreed with the Client and Whetstone Education Ltd prior to the commencement of Tuition / Mentoring. Any expenses incurred by you without prior agreement with Whetstone Education Ltd will not be reimbursed to the Tutor / Mentor.
Whetstone Education Ltd does not charge Clients for travel expenses within Central London.
9. Cancellation policy
Both the Client and the Tutor / Mentor must notify the other in advance of any holiday commitments they may have, including but not limited to holiday, illness, and adverse weather conditions that prevent access.
24 hours cancellation notice of any session must be given by the Client, under which Whetstone Education Ltd charges them if they cancel the lesson, unless there are mitigating circumstances.Tutors / Mentors are entitled to 100% of the agreed sessions payment to them if the Client cancels within 24 hours, outside which none is provided and the Client shall be invoiced in accordance with the above payment terms.
24 hours cancellation notice of any session must be given by the Tutor / Mentor, under which the Tutor / Mentor is obligated to offer a free 1 hour lesson to the student at an agreed time, unless there are mitigating circumstances.
If the Student or Client chooses to terminate a Lesson / Session early (for example, after one hour of a two-hour session), the Lesson / Session will be charged at the usual price.
Cancellations by the Client of more than 3 weeks in succession, or that which Whetstone Education Ltd perceive as unreasonable, regular cancellations, will be considered for immediate termination of contract, at Whetstone Education Ltd’s discretion.
10. Damages
Whetstone Education Ltd accepts no liability for any claims by the Client arising out of or related to the carrying out of the tutoring by the Tutor / Mentor, and the Tutor / Mentor agrees to indemnify Whetstone Education Ltd without limit in respect of any such claims.
11. Confidentiality
The Tutor / Mentor undertakes that they shall not at any time during this agreement, and for a period of five years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, Clients, Students or suppliers of Whetstone Education Ltd, except that you may disclose Whetstone Education Ltd's confidential information as may be required by law, court order or any governmental or regulatory authority. You shall not use Whetstone Education Ltd's confidential information for any purpose other than to perform your obligations under this agreement.
12. Data Protection Act
Whetstone Education Ltd uses Tutor / Mentor data for the purposes of the services that it provides. Tutors / Mentors providing personal data consent to the use of that data by Whetstone Education Ltd for the purpose of effecting Introductions to Clients, for billing and fee collecting purposes and to enable Whetstone Education Ltd to contact the Tutor / Mentor from time to time.
For more detail please see our separate Privacy Policy document.
13. New Client referral
Should a Tutor / Mentor refer Whetstone Education Ltd to a new Client, they will receive a £100 bonus if the new Client books a class with Whetstone Tutors.
Should a Client refer Whetstone Education Ltd to a new Client, they will receive a £100 discount from their next invoice if the new Client books a class with Whetstone Tutors.
Referrals should be logged using the form found at: https://www.whetstone-tutors.com/referrals
If a Client fails to pay for the lessons they have had, Whetstone Education Ltd is not responsible for paying the Tutor / Mentor the referral bonus they would otherwise have.