This Agreement is made between:
Elite IB Ltd ("Elite IB") and The "Student”
1. Upon confirmation by the Student, or Named Contact, that they agree to proceed with the support of the Tutor proposed by Elite IB to the Student or Named Contact, a registration fee of £25 is due to Elite IB. Students whose sibling has already received tuition by a Tutor introduced by EIB should contact Elite IB to waive this fee.
2. In the case of a lesson fee dispute, the hourly lesson fee, confirmed when the Tutor's details were sent to the Student or Named Contact by Elite IB, will be used.
3. If the Student or Named Contact does not pay an amount due before the date when it was due then Elite IB reserves the right to charge a late payment fee of up to £10 for each e-mail that is sent to the Student or Named Contact with regard to the amount owed. Such e-mails will be sent no more often than once each calendar month. Elite IB also reserves the right to charge interest on any overdue amount at 8% above the Bank of England base rate.
4. Elite IB shall send invoices to the Student or Named Contact on behalf of the Tutors, either after 5 completed lessons, or after £250 is due, whichever is sooner. Payments must be made either through the Stripe payment facility on the Elite IB website (the “Portal”), or through online banking transfer to Elite IB within 10 days of the date of receiving the invoice. Cash payments to Elite IB or the Tutor are not accepted under any circumstances instances.
Charges incurred through the use of third-party services, including but not limited to ‘Stripe’, are not the responsibility of Elite IB Tutors. Whilst Elite IB have made all reasonable endeavours to ensure the fees detailed for payment using ‘Stripe’ in this clause are correct, Elite IB are not liable should these fees be subject to alteration by ‘Stripe’.
5. The fees due will be calculated at a rate agreed in advance between Elite IB and the Student (or Named Contact) based upon the Lesson bookings submitted by the Tutor through the Portal or otherwise.
All travel arrangements are to be agreed between the Student and the Tutor and payments made to Elite IB for travel for forwarding to the Tutor. Tutors are permitted to charge up to £5 per lesson for travel without prior discussion with the Student or Named Contact, but fees above this should be discussed prior to the first Lesson taking place. It is the Student or Named Contact’s responsibility to check that the invoices match up with their own records of lesson times and durations.
6. Payments must not be made directly to the Tutor at any time. Doing so may lead to a breach of this agreement and possible termination.
7. Payments made via non-UK bank accounts must take into account any international deductions made by the transferring bank/institution. The Student or Named Contact must account for these extra fees on top of the base payment. Elite IB shall not be liable for any transaction fees.
8. For students who take lessons in pairs or small groups, the normal fee shall apply to the first student, with an additional £15 per each additional student.
B. Lesson Cancellation
1. The Student or Student’s Named Contact shall be entitled to cancel or amend a Lesson that has been arranged with the Tutor without incurring a fee, where at least 48 hours' notice of such cancellation or amendment is given to the Tutor. A Lesson cancelled between 24 and 48 hours before the agreed date and time for the Lesson will incur a fee of one hour's Lesson time, and a Lesson cancelled within 24 hours of the agreed date and time for the Lesson will incur the full fee for the Lesson as booked.
2. If the Tutor cancels an arranged Lesson less than 24 hours before the Lesson is due to begin, for a reason other than an accident or an emergency, then the Student is entitled to ask that a subsequent Lesson, up to the same duration, be offered by the Tutor at half of the agreed Lesson Fee unless a mutual alternative agreement has been made between the Student and the Tutor.
1. Elite IB reserves the right to request that a Tutor stop arranging Lessons with the Student at any time.
2. The Student or Named Contact is not permitted to make private arrangements for tuition with a Tutor introduced by Elite IB. Should a Student or Named Contact breach this obligation, they, or their Named Contact should the Student not be of legal age, will be liable to account to Elite IB for all sums paid to the Tutor without deduction and Elite IB shall be entitled to obtain an injunction against them to prevent further breaches. This obligation shall continue notwithstanding termination of this agreement.
3. On request, the Student or Named Contact must disclose, to Elite IB, details of each Lesson given by the Tutor.
4. Elite IB do not accept any liability for any claims by the Student or Named Contact arising out of or related to the carrying out of the tutoring by a Tutor introduced by Elite IB.
5. Elite IB reserves the right to alter these terms and conditions at any time. It is the Student or Named Contact’s responsibility to review T&Cs on a monthly basis, any such modifications being made apparent with a note on the Elite IB Website (“The Portal”).
6. Unless otherwise expressly agreed in writing by a Director of Elite IB or their nominated deputy, these terms and conditions shall prevail over any other terms of business or conditions put forward by the Student or Named Contact.
1. Acceptance of our services in the manners outlined as stated herein will be taken to represent agreement to these Terms and Conditions.
E. Data Protection
1. Elite IB and the Student or Named Contact shall comply with their respective obligations under the Data Protection Laws.
2. Elite IB shall procure that each of the Tutors introduced to the Student or Named Contact by Elite IB shall also comply with their respective obligations under Data Protection Laws.
3. By entering into this Agreement the Student consents to our use of their, and where the Named Contact is the parent or legal guardian of the Student receiving tuition to use that individual's personal data for the purpose of providing services which may include (without limitation) effecting introductions to Tutors, use of such data for billing and/or fee collecting purposes and/or to enable us to make contact from time to time.
4. For the purposes of this Agreement: “Data Protection Laws” means the Data Protection Act 1998, as well as any applicable statutory or regulatory provisions and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data.
5) The parties agree that in the event of any dispute arising under these terms, the laws of England shall apply, the courts of England are to have sole jurisdiction in the event of any dispute between the parties.
This Agreement is made between:
Elite IB Ltd ("Elite IB") and The "Tutor"
Elite IB acts as agent on behalf of the Tutor (“Tutor”) and will introduce the Tutor to the Student (“Student”). It is the Tutor’s responsibility to ensure that tutoring services are provided to the Student. The following terms and conditions (the "Terms and Conditions") govern the relationship and dealings between Elite IB and the Tutor, and between the Tutor and any student to which the Tutor provides tutoring services (in each case, a "Student") or any contact nominated by the Student to act on their behalf (“Named Contact”). The Conditions are applicable when the Tutor accepts or conditionally accepts a student by email, telephone, written agreement, or on the Elite IB website at www.eliteib.co.uk (the "Website"), such acceptance resulting in Elite IB sending an introduction to the Tutor with the Student’s contact details.
It is important to note that as a selling agent, Elite IB provide our own pricing structure which results in the best outcome for both Student and Tutor. Ultimately it is for the tutor to set their own pricing structure. Please contact us directly if you wish to set your own structure. Elite IB will only introduce Tutors to Students when Elite IB consider that the Tutor will deliver services to the requisite standard
A. The Tutor's Commitment to the Student
1) The Tutor agrees to attempt to contact the Student via e-mail within 24 hours of the Student's contact details being provided to the Tutor by Elite IB. This initial attempt to contact the student [the “Introductory Email”] must adhere to the conditions determining the content of, and recipients to, the email outlined by Elite IB as well as providing the contact information of the Tutor.
The Tutor must contact Elite IB if they have been unable to enter into correspondence with the Student following a period of 7 days after Elite IB provided the Tutor with the Student’s contact details, notifying Elite IB that they have not received a response from the Student or any other contact outlined by Elite IB on the Student’s behalf.
2a.) Upon confirmation of a tutoring placement, the Tutor is entering into a separate contract between the Tutor and the Student (or where relevant, their Parent, or Named Contract), where Elite IB acts as agent on behalf of the Tutor. Elite IB is solely responsible for introducing the Tutor and the Student, and is not responsible for the details of any contract between the Tutor and the Student.
(b) Any correspondence the Tutor receives from Elite IB informing the Tutor of the availability of a Student to undertake lessons ("Lessons", and each a "Lesson") is termed a “Distribution”.
(c) The Tutor agrees to arrange and attend regular Lessons with the Student until the date recommended by Elite IB. If the duration is stated to be ‘ongoing’ in any Distribution sent to the Tutor by Elite IB then the Tutor should consider this to mean a minimum period of 3 months and make arrangements accordingly.
3a) If the Tutor is for any reason unable to hold a Lesson with the Student for a period of 7 days or more (the "Period of Absence"), the Tutor shall inform the Student and/or their Named Contact of their unavailability as soon as practicably possible. In the case of planned absence, this notice should be given at least 7 days prior to commencement of the Period of Absence, including Elite IB in such correspondence.
(b) The Tutor shall inform the Student or the Named Contact and Elite IB how long the Tutor expects the Period of Absence to last, and shall direct the Student to Elite IB with a view to arranging for potential alternative tutor from Elite IB during the Period of Absence..
4) If the Tutor considers that the conduct or behaviour of the Student or Named Contact reasonably entitles the Tutor to end their agreement with said Student, the Tutor must email Elite IB informing them of this decision.
Conduct or behaviour of the Student or Named Contact that may reasonably entitle the Tutor to breach or disregard this Section A shall include, but not be limited to, a failure by the Student or Named Contact to contact the Tutor or to respond to attempts by the Tutor to contact him/her over an extended period of time, a failure by the Student or Named Contact to provide adequate working conditions in which the Lessons can take place, and abusive or discriminatory behaviour.
5) Elite IB shall use reasonable endeavours to send the Student’s contact details to the Tutor within 7 days of the Tutor agreeing to take on the Student.
6) Once the Tutor has commenced Lessons with the Student, the Tutor agrees that all future Lessons that take place between the Tutor and the Student shall be processed through Elite IB and that the Tutor will inform Elite IB of the date, time and length of such Lessons by logging these through the Portal. The tutor agrees to register these lessons on the Portal within 7 days of the lesson taking place, within 7 days of the Lesson having taken place, and before the end of the calendar month in which the lesson took place. It is the Tutor’s responsibility to ensure the accuracy of all information included in the Lesson booking, based on agreement with Elite IB by e-mail or phone correspondence regarding rates. The Tutor shall endeavour to book lessons in advance of them taking place, and will then ‘complete’ them on the same day that they have taken place. Failure to do so may lead to reduced fees paid.
B. The Tutor's Commitment to Elite IB
1) It is the Tutor’s responsibility to ensure that they receive all emails sent to them by Elite IB from any email address associated with Elite IB Tutors, including email addresses ending eliteib.co.uk, eliteib.ch and eliteib.sg.
2) The Tutor is to be responsible for all travel costs associated with travelling to and from the agreed location to provide the lessons.
3(a) If, in the reasonable judgment of Elite IB, there are grounds for a potential conflict with the performance of the Tutor’s obligations under this Agreement, then Elite IB may terminate the Agreement immediately upon written notice to the Tutor; such termination of the Agreement shall be effective upon the dispatch of such notice by Elite IB.
(B) Upon termination of the Agreement, the Tutor must cease contact with any Student whom they have contacted as a result of their Introduction as a Tutor through Elite IB, or any Student they have knowledge of who is a Client of Elite IB Tutors, for a period of 12 months. The Tutor must not communicate with any Student who approaches them unsolicited after the termination of the Agreement.
4) The Tutor shall explain to Elite IB by email how they have agreed to arrange future Lessons with the Student within 7 days of the arrangement.
5) If the Student informs the Tutor that he/she wants to discontinue Lessons, or if the Tutor suspects that the Student wants to discontinue Lessons, the Tutor shall inform Elite IB within 48 hours of the Tutor becoming aware of such fact or suspicion.
6) If Elite IB either emails or requests via the online portal an update from the Tutor relating to the Student (“Feedback”, or “Update”), the Tutor shall, within 7 days, provide such an update, either by replying to the email or by providing an update using the system available on the Portal.
7) In the event that the Student puts the Tutor in contact with a third party who wishes to undertake Lessons with the Tutor (for the purposes of this Agreement a "New Student") the Tutor must inform Elite IB of the existence of the New Student within 7 days. If the Tutor agrees to provide Lessons to the New Student, these Terms and Conditions shall apply to the Tutor's dealings with that New Student as they apply to the Tutor's dealings with the Student. All tutoring work that the Tutor obtains through referrals by existing Clients of Elite IB must be reported immediately by the Tutor to Elite IB
C. Payment & Fines
1) The Tutor will not be paid directly by the Client. Elite IB will send an invoice to the Client, on behalf of and as an agent for you (the Tutor), at incremental periods throughout each month. Upon receipt of these payments, the Tutor will be remunerated after commissions have been subtracted for the introduction. As such, Tutors must not directly accept payment from the Student, Named Contact, or representative of the Student, in any instance. Any financial queries from Students should be re-directed to Elite IB.
2) When the Tutor’s Balance (the total fee generated by the Tutor minus the Elite IB commission ) is positive on the first working day of any calendar month, Elite IB shall make a payment to the Tutor. Payment to the Tutor is made in arrears on the 7th of each month for all tutoring completed and reflected in the Tutor’s Balance on the 1st of the same month. Should the 7th fall on a non-banking day, the Tutor’s payment will be executed on the next working day following the 7th.
3) If the Tutor wishes to dispute their Balance amount or make a payment request then the Tutor shall do so via email or the Elite IB online portal.
4) If the Student or Parent is dissatisfied with the first lesson with the Tutor - given reasonable cause - the Tutor will not be remunerated for the first hour of the lesson. Elite IB will make every effort to ensure that there are just grounds for concerns from the Student or Named Contact before reaching this conclusion.
5A) Charge Rates and Tiers: Elite IB suggests that the rates charged by Tutors reflect their skills and experience and Elite IB has a tier structure based on these factors. This structure suggests rates for each tier and the Tutor will agree their placement on the tier with Elite IB and Elite IB will charge the Student according to this agreed rate. The Tutor can request to be moved to a new tier allocation at any time.
Elite IB charges a commission of approximately 25%/hour for the Introduction to the Client, which is deducted from the gross fee invoiced for the Tutor’s services. This commission will be shown on the Tutor’s statement of fees and the fee paid to the Tutor will be net of this commission.
(B) Group Lessons: The tutor’s hourly rate will increase by £10 for each additional student, independent of Tier.
(C) The Tutor is entitled to remuneration of their travel costs up to a maximum of £5 for each visit to the Student’s home or a location determined by the Student or Named Contact. Tutors may charge in excess of £5 for travel, however this figure must be agreed prior to the first lesson taking place with the family. Confirmation must be made in writing and Elite IB must be provided with confirmation by the family before the lesson takes place. Lessons which require total travel time in excess of 60 minutes may be eligible for an increased travel fee. This must be raised with Elite IB prior to commencing lessons with the Student. For Group Lessons, the Tutor may split the travel fee between each student for each lesson, or may alternate charging each family, but must agree this with all parties beforehand
D. Lesson Cancellation
1) If the Tutor cancels a Lesson that has been arranged with the Student with less than 24 hours’ notice for any reason other than an accident, illness or emergency, then the Student will be entitled to have the following Lesson, which may be up to the same duration as the Lesson that has been cancelled, at fifty percent of the lesson fee, unless the Student has agreed with the Tutor to forego this right.
2) The Student shall be entitled to cancel or amend a Lesson that has been arranged with the Tutor without incurring a fee, where at least 48 hours’ notice of such cancellation or amendment is given to the Tutor. A Lesson cancelled between 24 and 48 hours before the agreed date and time for the Lesson will incur a fee of one hour's Lesson time. A Lesson cancelled within 24 hours of the agreed date and time for the Lesson will incur the full fee of the booked Lesson.
1) The following terms apply once the Tutor has accepted the agreement. They are not specific to individual students, and the Tutor must abide by them indefinitely.
2) The relationship of the Tutor to Elite IB will be that of an independent contractor. Nothing in this agreement will render the Tutor an employee or partner of Elite IB, and the Tutor will not hold himself/herself as such. It is expressly agreed that no implied employment contract will come into force between the Tutor and Elite IB, or between the Tutor and the Student.
3) The Tutor will indemnify and keep indemnified Elite IB from any losses arising from or connected directly or indirectly with any claim by the Student or a third party that the Tutor is an employee or partner of Elite IB.
4) The Tutor will not assume, create or incur any liability or obligation on behalf of Elite IB, and acknowledges that he/she has no right to do so. In this regard, the Tutor cannot advertise himself/herself as an Elite IB employee. Elite IB will consider any such unauthorised assumption of liability on behalf of Elite IB by the Tutor as a fundamental breach of this Agreement and reserves the right to terminate this Agreement and assert its right to all legal remedies available in relation to such breach.
5) For the purposes of the Data Protection Act 1998, the Tutor agrees to Elite IB holding and processing (electronically or manually) personal data provided by the Tutor to Elite IB for purposes relating to the Tutor’s engagement, and the operation, management, security and administration of Elite IB’s business.
6) This Agreement shall be governed by and construed in accordance with English law. Elite IB and the Tutor irrevocably submit to the exclusive jurisdiction of the English courts to settle any dispute which may arise under, or in connection with this Agreement or the legal relationships established by this Agreement.
7) The Tutor agrees that Elite IB will, by default, make publicly available any details which a Student may use to determine whether to arrange lessons with the Tutor. The Tutor may choose to keep these details private by opting out through the Website. The Tutor agrees that Elite IB is entitled to reasonable use of their likeness.
8) The Tutor is not an employee of Elite IB and accepts full responsibility for all Income Tax, National Insurance and other liabilities arising from use of the Website. The Tutor must pay the tax and national insurance contributions which are due from you whether in the United Kingdom or elsewhere in relation to the payments to be made to you by Elite IB under this Agreement. The Tutor further agrees to indemnify Elite IB in respect of all and any income tax and national insurance contributions which may be found due from Elite IB on any payments made to you under this agreement.
9) Acceptance of a Student’s contact information will be taken to represent agreement to these Terms and Conditions.
10) The Tutor is expected to make reasonable efforts to check for any changes to the Terms & Conditions each month, available at all times on the “Portal” or via email request.
11) The parties agree that in the event of any dispute arising under these terms, the laws of England shall apply, the courts of England are to have sole jurisdiction in the event of any dispute between the parties.