Candidate Terms & Conditions

1. Definitions and Interpretation

   In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

   Term	Meaning
   "Agreement"	this Agreement including the terms and conditions, Schedules set out herein and other documents that are incorporated in this Agreement by reference;
   "Assignment"	any Tutoring Service performed by you for a Client and/or a Student, following the receipt of any Introduction Email or any other communication from us to you, whether in writing or orally, or directly through our website, the contact page or via any other means for a particular assignment;
   "Assignment Information"	the meaning set out in Clause 3.5;
   "Introduction Email"	written details of any particular Assignment from a client to a tutor in the form as set out in Schedule 2;
   "Business Day"	a day, other than a Saturday or a Sunday, Christmas Day or Good Friday, or a day which is a bank holiday under or by virtue of the Banking and Financial Dealings Act 1971 in that part of Great Britain;
   "Client"	any person, firm, partnership, company, local authority, school, educational institution or other party who has requested us to provide an introduction to a tutor for the provision of Tutoring Services to a Student;
   "Conduct Regulations"	the Conduct of Employment Agencies and Employment Businesses Regulations 2003;
   "Introduce"	the provision by us to a Client of any information in any format concerning you and/or your ability to deliver Tutoring Services, including any approach made directly to you by a client as a result of our website or our promotional material, and “Introduced” and “Introduction” will be construed accordingly;
   "Candidate Fee"	a fee payable by the Client to us as set out in Clause 4;
   "Relevant Agreement"	an agreement (whether written or oral) for the supply of Tutoring Services made between you and a Client Introduced by us, including any agreement to provide any initial tutoring sessions to a Student whether such sessions are regarded as trial or introductory sessions, and whether paid for or free of charge;
   "Student"	any person to whom Tutoring Services are to be delivered or are delivered by you;
   "Tutor How to Work Manual"	the written manual of instructions and guidance provided by us to you in accordance with sub-clause 3.4. as the same may be amended by us from time to time, which is incorporated into and forms part of this Agreement;
   "Tutoring Service"	the provision of any of the services described and/or explained in Schedule 1;
   "Vulnerable Person"	the meaning set out in Regulation 2 of the Conduct Regulations;
   "we/us/our"	Sensational Tutors Ltd a company registered in the United Kingdom under number 10749192, whose registered office is at 8 Main Street, Bilton, Rugby, Warwickshire CV22 7NB;
   "you/your"	any person being an individual who is a work seeker using our Services for the purposes of finding an employment position;

   In this Agreement:

   • words and expressions defined in the Companies Act 2006, unless the context otherwise requires, have the same meanings when used in this Agreement;
   • any reference to this Agreement or to any other document include any permitted variation or amendment to this Agreement or such other document;
   • the use of the singular includes the plural and vice versa and words denoting any gender will include a reference to each other gender;
   • any reference to a Clause or Schedule is, except where expressly stated to the contrary, reference to the relevant Clause of or Schedule to this Agreement;
   • Clauses and Schedule headings and the use of bold type are included for ease of reference only and will not affect the construction or interpretation of any provision of this Agreement;
   • any reference to any statute, statutory instrument, order, Regulation or other similar instrument (including any EU order, Regulation or instrument) will be construed as including references to any statutory modification, consideration or re-enactment of that provision (whether before or after the date of this Agreement) for the time being in force including all instruments, orders or Regulations then in force and made under or deriving validity from it;
   • any phrase introduced by the terms ‘include’, ‘including’, ‘in particular’ or any similar expression will be construed as illustrative and will not limit the sense of the words preceding those terms;
   • the Schedules are incorporated into and form part of this Agreement;
   • A reference to writing or written includes fax and

2. Agreement

   • These terms and conditions set out the entire agreement between us and you for the supply of our services to you to help you to connect with a Client to whom you can provide Tutoring
   • Any and all business entered into by us with you is subject to the terms and conditions in this Agreement and in the event of any conflict with any other terms and conditions these terms shall prevail unless agreed otherwise in writing by a director of the
   • You shall be deemed to have accepted and agreed to be bound by this Agreement upon your submission of any information or data to us.
   • Accordingly, a contract on these terms and conditions shall be deemed to come into existence between us and you upon submission by you to us of any information or
   • For the avoidance of any doubt you agree and confirm that:
   • this Agreement constitutes a contract for services pursuant to which the Agency will perform the services for you, and is not a contract of employment or a contract of service between us and you or between you and any Client;
   • our fees for providing our services in respect of your Tutoring Services are paid by our Client and we do not charge any fee or commission to you for our work-finding services, whether before or after you have accepted an Assignment; and
   • you will be providing your Tutoring Services to a Client to whom you are Introduced by us as self-employed independent contractor, whether acting in your personal capacity or through a company, under a contract for services with that Client and that you are not and will not be employed by either us or by a Client under a contract of service.

3. Our Services

   • We will try to obtain suitable Assignments for you and/or facilitate suitable Assignments for you through our website or otherwise.
   • We are not obliged to offer you any Assignment and you are not obliged to accept any offer of an Assignment that we make to you.
   • You acknowledge the nature of temporary Tutoring Services work means that there are likely to be periods when no suitable work is available.
   • Your suitability for any potential Assignment will be determined by us and we will not be liable to you if we fail to offer you any Assignment.
   • Notwithstanding that it is your responsibility to obtain and confirm all relevant information with the Client, except as provided in Clauses 6 to 3.9, we will, at the same time as an Assignment is offered to you, aim to provide you with the following information (the ‘Assignment Information’) and the other information set out in the Introduction Email:
     • the identity of the Client and, if applicable, the nature of its business;
     • the date the Assignment is expected to start and if there is an expected duration or likely duration;
     • the details of the position which the Client seeks to fill, including:
       • the particular type of Tutoring Service you would be required to perform;
       • the location at which you would be required to deliver the Tutoring Service;
       • the days and hours during which you would be required to or ideally be available to deliver the Tutoring Service;
       • any known health and safety risks and if applicable, any steps taken by the hirer to control or remove these risks;
       • the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law, or by any professional body, for you to possess in order to work in the Assignment;
       • any expenses payable by, or to, you;
       • any rates of remuneration and any other benefits including expenses if applicable which the Client has indicated they are willing to pay to you;
       • intervals of pay including separate payment for an initial session, otherwise on a monthly
     • where applicable, the length of notice which you will be required to give, and entitled to receive, to terminate your Tutoring Services with the Client; and
     • an electronic or hard copy of the Tutor How to Work Manual, if the same has not already been supplied to you by us.
   • We may offer you any Assignment orally over the telephone and/or via email and/or via our website (including via any third-party application that we use to administer our agency business). Where we do so, and the Assignment Information is not given to you in paper or electronic form at the time the Assignment is offered, we will confirm the Assignment Information to you in writing or electronically as soon as possible.
   • The requirements of Clause 3.6 will not apply where you are being Introduced to the Client to work in the same position as one in which you have previously been supplied within the previous twenty Business Days and in relation to which the Assignment Information (with the exception of the date the Assignment is to start and its duration, or likely duration) is the same as that already given to you.
   • The requirements of Clause 6 will not apply where a Client makes direct connect with you through our website, and you shall be responsible for obtaining all relevant details in respect of the Assignment.
   • We shall disclose (verbally or in writing) to each Client that we have no actual or implied authority or ability to negotiate, agree or vary the terms on which you provide Tutoring Services or that we are entering into any form of contract with a Client for and on your
   • You may provide content and material to us for the purpose of enhancing your profile, website, newsletter and social media channels, for example blogs, articles, photographs or other relevant media, but you shall ensure that all and any such content is accurate, up to date and not misleading as required by sub-Clause 7. We reserve the right to approve and amend your profiles to correct grammatical errors, formatting and structure, or other errors, or add additional material or cross- referencing material to the content of the profile.
   • We may request contacts, Clients, Students, professionals or other individuals to provide reviews and/or testimonials concerning you which may be published on your profiles, social media platforms, Google, Trustpilot or other platforms. We reserve the right to make minor amendments and approve any such amended reviews and testimonials prior to publication on our website subject to obtaining any relevant consent from the party giving the We may use the reviews and testimonials for marketing purposes on our website, on our social media platforms and in any other manner we see fit.
   • We will only make available to a Client the information that you provide to us under and in accordance with this Agreement.
   • Third Party Work
     • For the avoidance of doubt:
       • you will be able to accept work offered to you by other agencies and to perform your Tutoring Services for clients who are not introduced to you by us;
       • you do not have to advise us of the identity of anyone for whom you may be or will be providing your Tutoring Services.

4. Your obligations

   • We cannot make any Introductions or offer you any Assignment until you have provided us with:
     • Adequate confirmation of your identity in accordance with our requirements;
     • such information as we may reasonably require from you by whatever means to enable us to confirm that you have the experience, skills, training, qualifications and any authorisations that the Client considers are necessary, or which are required by law or by any professional body, to work in the position which the Client seeks to fill;
     • a valid HMRC UTR Number for yourself;
     • a valid enhanced DBS check, both in paper form (copies of both front and back) and access to the update service, if We in our absolute discretion may reject any such check and require a new one to be carried out. You must disclose any criminal convictions or cautions you have received to us and you give us authority to disclose such information to the Client and provide the Client with a copy of the enhanced DBS check;
     • a copy of your HMRC employment status check required to be carried out under sub-Clause 7;
     • Contact details (including names and email addresses), from at least 3 referees at our discretion;
     • a copy of a Safeguarding Certificate from the last 6 months, certificate accepted at Our discretion;
     • a copy of your insurance policy (see clause 4)
     • Any further information, documentation or details that we consider to be required from time to
   • You are not obliged to accept any Assignment we offer to If you do accept an Assignment, you must:
   • immediately notify us in writing that you and the Client have entered into a Relevant Agreement, such notice to be given to us no later than one Business Day after the Relevant Agreement has been made;
   • at the time you give us notice under sub-Clause 2.1, advise us of the following:
     • the rate of pay that has been agreed under the Relevant Agreement for your Tutoring Services and where possible the total expected gross fees due to be earned by you and paid to you by the Client under the Relevant Agreement;
     • details of the dates and the hours for the Tutoring Services to be provided by you including for the initial session/s and for the remainder of the period that it has been agreed you will provide such services to the Client;
     • any other details that we may request from you in relation to a Relevant Agreement to enable us to provide our services to the Client or to you; and
   • co-operate with the Client’s reasonable instructions and accept the control, direction and supervision of the Client;
   • observe all relevant rules and regulations of the Client, including those relating to hours of work and equal opportunities and/or non-harassment, of which you are informed or of which you should be reasonably aware;
   • co-operate with us in the completion and renewal of all mandatory checks, including those in relation to your rights to work in the United Kingdom;
   • comply with any written or other instructions that we provide to you for the purposes of administering our employment agency and delivering the services we provide to you, including in respect of your use of any third-party application connected to our website;
   • where the Assignment involves working with any Vulnerable Person, provide us with copies of any relevant qualifications or authorisations, including an up-to-date certificate from the Disclosure and Barring Service and two references provided by persons who are not related to you;
   • where the Assignment involves work for which any qualification or authorisation is required by law, or any professional body, provide us with copies of each such relevant qualification or authorisation;
   • take all reasonable steps to safeguard your own health and safety and that of any other person who may be present or affected by your acts and omissions on the Assignment and comply with the health and safety policies of the Client;
   • not engage in any conduct detrimental to the interests of us or the Client; and
   • comply with all relevant legislation and codes of practice from time to time in force in the performance of the Assignment and applicable to the Client’s
   • If, either before or during any Assignment, you become aware of any reason why you may not be suitable for an Assignment, you must email your (potential) client, cc’ing director@sensationaltutors.co.uk into the email without delay and in any event within 1 Working
   • During the term of this agreement and for a period of six years after the expiry or termination of this Agreement you shall maintain in force with a reputable insurance company legal expenses cover at an amount not less than £100,000, professional indemnity insurance of an amount not less than £100,000 (one hundred thousand pounds) and public liability insurance at an amount not less than £2,000,000 (two million pounds) to cover the liabilities that may arise under or in connection with this You shall produce to us on our request both the insurance certificate and any other documents giving details of cover and the receipt for the current year’s premium in respect of each insurance policy.
   • You must follow the instructions, recommendations and guidance provided in the Tutor How to Work Manual, which forms part of this If in our opinion you do not properly comply with the Tutor How to Work Manual, we may terminate our services to you under this Agreement by giving you written notice.
   • At all times during this Agreement you:
     • must, preferably immediately once it has been agreed with the Client and in any event within one working day of such agreement, provide to the Client by email (with a copy to us) confirmation of any changes in or of the suspension of any Tutoring This requirement includes, without limitation, any changes to any tutoring sessions, increases or decreases in your agreed hours or rate of pay for your Tutoring Services, or any other material change or as otherwise prescribed in the Tutor How to Work manual;
   • You confirm, declare and agree that:
     • you are an independent self-employed individual and that you have performed a relevant employment status check using HMRC’s online employment status checker at the following URL:https://gov.uk/guidance/check-employment-status-for-tax#worker
     • the information you have supplied for the purposes of sub-clause 5.7.1 was in respect accurate and complete and contained no false or misleading information;
     • we will fully rely on your confirmations under this sub-Clause 5.7 concerning your self-employed status for the purposes of providing our services to you under this Agreement and, based on such reliance by us, you further confirm, declare and agree that we may advise your self-employed status to the Client who shall in turn be entitled to fully rely on such advice from us in respect of your delivery of Tutoring Services;
     • you will inform us and the Client in writing as soon as possible if at any time there is any change in your employment status; and
     • any and all information you provide to us concerning yourself at any time during this Agreement is valid, accurate, truthful and does not contain any misleading details or any material

5. Payment for your Tutoring Services

   • The Tutor How to Work manual sets out amongst other matters:
     • the recommended rates of pay for Tutoring Services;
     • the recommended way of providing details of the rates of pay for Tutoring Services along with details of the Candidate Fee to the Client;
     • the recommended invoicing process; and
     • the recommended fee payment and collection
   • You will be paid by the Client for:
     • all Tutoring Services that you provide in accordance with the rate or rates that are agreed between you and the Client; and
     • all other costs and expenses agreed with the Client including travel time, travel or other expenses as agreed with a Client.
   • A Client for whom you perform your Tutoring Services will be solely and exclusively responsible for paying you your fees and any other agreed costs and/or
   • In respect of all your Tutoring Services delivered pursuant to an Introduction made under the terms of this Agreement:
     • you will be responsible for ensuring that the correct fee is charged to all Clients;
     • you will responsible for invoicing and collecting your fees from all Clients;
     • you will provide a copy of any invoice you raise to a Client by cc’ing accounts@sensationaltutors.co.uk into any email when sending an invoice to a client;
     • you will be responsible for agreeing with a Client any other specific invoicing requirements they may have, for example some local authorities may request payment through a third party provider (e.g. tutor cruncher);
     • we have no responsibility or liability to pay you any fees or other costs in respect of your Tutoring Services if a Client declines or fails to pay you;
     • you are fully responsible for paying all income tax and any other taxes or deductions including National Insurance and/or VAT in respect of all fees that you are paid for your Tutoring Services;
     • we are unable to collect or retain any fees on your behalf from any Client and we have no responsibility or liability for the payment of any taxes including National Insurance in respect of your Tutoring Services; and
     • you will follow the recommended procedures set out in the Tutor ‘How to Work’ manual which may be amended from time to time, and notify us in writing if you are unable to do so for any reason.
   • In the absence of agreeing the terms of your engagement or other payment terms with a Client, you will not be entitled to receive payment for time spent not working on an Assignment, whether in respect of holidays, illness or absence for any other reason.

6. Termination

   • We or you may end this Agreement at any time by written notice to the
   • Without prejudice to sub-Clause 1, we may decide to terminate this Agreement if you have failed to comply with any one or more of its terms including anything set out in the Tutor How to Work manual.
   • If we terminate this Agreement we shall not be liable to you for any loss or damage that you may suffer or incur as a direct or indirect result of such
   • Termination under clause 1 will be without prejudice to any accumulated rights or obligations at the date of termination of the Agreement, and/or any right that we have to charge any Client a Candidate Fee in respect of any continuing Tutoring Services.

7. Intellectual Property, Privacy and Cookies

   As a user of our website you are bound by all of our published terms and conditions and our policies all of which can be read and accessed via the following link:https://sensationaltutors.co.uk

8. No partnership

   Nothing in this Agreement constitutes, or will be deemed to constitute, a partnership , joint venture or employment relationship between us and you and nor does it constitute either of us the agent of the other or authorise either of us to make or enter into any commitments for or on behalf of the other.

9. Entire agreement

   This Agreement including its Schedules and the Tutor ‘How to Work’ manual constitutes the entire and only legally binding agreement between us and you and supersedes any previous understandings, arrangements, representations, negotiations or agreements between us and you whether oral or in writing.

10. Third party rights

    The Contracts (Rights of Third Parties) Act 1999 will not apply to this Agreement and no person other than you and us will have any rights under it.

11. Force Majeure

    Neither of us shall be liable for any failure or delay in performing any of our respective obligations under this Agreement where such failure or delay results from any event, cause or circumstance that is beyond the reasonable control of either of us. Such event, cause or circumstance includes, but is not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, epidemic, pandemic or other natural physical disaster, acts of terrorism, acts of war, governmental action or any other similar or dissimilar event that is beyond the control of either of us.

12. Applicable law and jurisdiction

    The validity, construction and performance of this Agreement, and any claim, dispute or matter arising under or in connection with it or its enforceability, will be governed by and construed in accordance with the law of England. Each party irrevocably submits to the exclusive jurisdiction of the courts of England over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability or the legal relationships established by this Agreement.