Terms of service
CLIENT TERMS AND CONDITIONS
You must take the time to read and understand these terms and conditions (‘these Terms and Conditions’) before registering as a client with Prelude Education Limited.
1. Definitions and Interpretation
In these Terms and Conditions, the following words and expressions shall have the following meanings:
1.1. ‘Prelude Education’ refers to Prelude Education Limited (Company Registration Number 14121053) whose registered office is situated at 2 Yarmouth Road, Hales, Norwich, England, NR14 6SP.
1.2. ‘Assignment’ refers to the Tuition Course to be provided by Prelude Education to the Client.
1.3. ‘Client’ refers to an individual, entity or organisation who is a purchaser or prospective purchaser of tutoring services supplied by Prelude Education save that, where the Student is an individual under 18 years of age at the time of completion of the Client Registration Form, the Client must be the parent or guardian of the Student.
1.4. If the Client is an individual over 18 years of age and requires the tutoring services for himself then that individual will also be the Student.
1.5. If the Client is an entity or organisation, the Student will be the individual for whom or on behalf of whom the said entity or organisation purchases or requests tutoring services through Prelude Education.
1.6. Subject to the above, where the context so requires or admits, references to the Client shall also include references to the Student and vice versa.
1.7. The ‘Confirmation to Client Email’ refers to the communication that Prelude Education shall provide to each individual whose application for registration as a Client is accepted by Prelude Education.
1.8. ‘The Confirmation to Client Email’ refers to the email setting out details of the Tuition Course, the Tutor who is to provide the Tuition Course, the agreed tuition rate, and details of any agreed expenses.
1.9. ‘Student’ refers to the individual who requires music tuition and who will be taught by a music teacher.
1.10. ‘Tuition Course’ refers to the Tuition Session(s), assessment and/or consultancy services (unless directly stated otherwise) that the Client agrees or proposes to purchase through Prelude Education.
1.11. ‘Tuition Session’ refers to each session of tuition which Prelude Education is committed to supply (or has supplied) to a Client.
1.12. ‘Tutor’ refers to an individual who has been engaged by Prelude Education as a music teacher, assessor or consultant.
1.13. Wherever the context so requires, the masculine gender includes the feminine or neuter.
1.14. Words importing the singular shall be construed as importing the plural and vice versa.
1.15. “Introductory Tuition Session” refers to an initial ‘Trial’ session with a Tutor.
1.16. ‘TutorCruncher’ refers to Prelude Education’s client and tutor management system through which all Tutors log Tuition Sessions and reports. Note, this system is not yet rolled out.
1.17. ‘Music Focused Assessment’ refers to an in-person music assessment performed by an Prelude Education consultant.
1.18. ‘Consultancy’ refers to assessment and/or consultancy services (unless directly stated otherwise) that the Client agrees or proposes to purchase from Prelude Education.
1.19. ‘Full Placement’ refers to a Consultancy assignment whereby Prelude Education shall:
- advise the Client as to school or university place(s) that may be suitable for the Student; and
- provide such assistance shall be required to enable the Student to optimise their application to such place(s).
2. Responsibilities of Prelude Education
Prelude Education shall:
2.1. be responsible for establishing and agreeing with a Client (and/or, Student) of their tutoring requirements which shall encompass securing a suitable Tutor.
2.2. be responsible for providing to the Tutor all information regarding the Student’s academic records; all relevant study materials; and details of the Student’s academic targets; that may be relevant to the provision of the Tuition Course.
2.3. have sole discretion in deciding whether to accept an application made by an individual for registration as a Client or, if different, for registration of a Student.
2.4. on agreeing to accept an application by an individual for registration as a Client (and, if different, for registration of a Student), confirm this to the Client by sending the Client a Confirmation to Client Email.
2.5. be responsible for arranging and administering Assignments and Tuition Courses subject to the agreed responsibilities of Clients.
2.6. be responsible for managing the Client Account and supporting the Student with institution selection, application and admissions as part of a pre-paid Full Placement Package.
3. Responsibilities of the Tutor
The Tutor shall:
3.1. be responsible for fulfilling to the best of his skill, experience, and ability Assignments to be supplied by Prelude Education.
3.2. be responsible for maintaining his lesson hours log relating to all chargeable tuition time spent with Students.
3.3. be responsible for monitoring and reviewing the Student’s tutoring requirements for the duration of a Tuition Course.
3.4. keep abreast of any developments in relevant curriculums, syllabus requirements of examination boards or qualifications in the subject(s) that is/are to be taught (or proposed to be taught) by the Tutor.
3.5. provide a home or office location where the Client (and, if different, the Student) may visit or the Tutor must be able to visit the Client (or, if different, the Student) for the purpose of taking a Tuition Session. For remote learning, the Tutor must suggest and arrange the platform provider.
3.6. agree with the Client a suitable location at which the Tuition Session is to take place. For remote learning, the Tutor must email the client with a confirmation of the platform and agreed timings at least one working day prior to the tuition session.
3.7. where a Tuition Session is to take place at a location of the Tutor’s choice (e.g., the Tutor’s home or office), the Tutor shall ensure that the room in which it is proposed the Tuition Session shall take place is suitably quiet and conducive to the provision of tuition, and the Tutor shall ensure that reasonable amenities (e.g., a toilet; drinking water) are made available to the Client (and, if different, the Student). For guidance on setting an appropriate remote working environment, please review TutorCruncher’s page here.
3.8. provide his own resources and should have copies of the relevant (up-to-date) syllabus relating to the subject(s) that is/are to be taught (or proposed to be taught) by the Tutor in the Tuition Courses.
3.9. shall comply promptly with any request made by Prelude Education for feedback relating to the provision by the Tutor of any tuition services to any Client.
3.10. be responsible for keeping receipts in respect of any expenses that may be incurred by the Tutor (and for which the Tutor wishes to obtain reimbursement from the Client) in connection with the provision of a Tuition Session, which receipts shall be provided promptly to Prelude Education on request.
3.11. be familiar with and must follow the guidance within the Prelude Education Safeguarding Policy.
4. Responsibilities of the Client
The Client shall:
4.1. adhere to Prelude Education’s Confirmation to Client Email and all other information and documentation that is or may be required by Prelude Education in connection with the said individual’s application for registration as a prospective purchaser of tutoring services through Prelude Education.
4.2. if the proposed tuition is for an individual other than the Client, also provide in respect of that individual (the Student) a completed Confirmation to Client Email and all other information and documentation that is or may be required by Prelude Education in connection with the said individual’s requirement for tutoring services through Prelude Education.
4.3. be responsible for providing to Prelude Education all information regarding the Student’s academic records, all relevant study materials and details of the Student’s academic targets that may be relevant to the provision of the Tuition Course.
4.4. be responsible and must always ensure that information that he has provided to Prelude Education regarding himself (and the Student, if different) is accurate and is kept up-to-date, including (but not limited to): his name, address, and telephone number(s).
4.5. be responsible for payment of all tuition fees and any other fees, charges, or expenses payable in connection with the provision of the Tuition Course. The Client shall pay the regular hourly fee for any reasonable time spent by the Tutor in connection with the performance of Tuition Sessions (this includes preparation of course work and materials).
4.6. agree with the Tutor a suitable location at which the Tuition Session is to take place. A suitable workplace must be provided for our tutors and contact made if there are any queries or concerns. For government guidance on appropriate workspace, please read here and contact Prelude Education with any questions or concerns.
4.7. while Tutors shall be responsible for the direction and implementation of remote tuition, the Client shall be responsible for the arrangement of suitable computer equipment and a fast broadband connection, in the absence of which the Tutor may be unable to deliver the Tuition Session and which may result in the cancellation of the session, but still chargeable to the client.
4.8. where a Tuition Session is to take place at a location of the Client’s choice (e.g., the Client’s home), the Client shall ensure that the room in which it is proposed the Tuition Session shall take place is suitably quiet and conducive to the provision of tuition, and that reasonable amenities (e.g., a toilet; drinking water) are made available to the Tutor. Tutors are responsible for the direction and implementation of remote tuition.
4.9. if the Student is below 18 years of age, be always responsible for the Student’s supervision and safety.
4.10. shall comply promptly with any request made by Prelude Education for feedback relating to the provision by the Tutor of any tuition services to the Client.
5. Offer and Fulfilment of Services
5.1. On receipt of a request for tuition from a prospective Client, Prelude Education will, subject to clause 5.2, use its best endeavours to find the most suitable Tutor to take on the proposed Assignment, having regard to his experience, qualifications, preferences, subjects offered, geographical proximity to the Student, and availability.
5.2. Prelude Education cannot guarantee that a suitable Tutor will be located to undertake an Assignment; accordingly, the Client agrees not to hold Prelude Education liable for any consequential loss or damage.
5.3. Prelude Education shall have sole discretion in deciding upon the identity of the Tutor whom it considers to be most suitable.
5.4. On locating a suitable Tutor in accordance with clauses 5.1 and 5.2, Prelude Education shall notify the Tutor of the proposed Assignment and provide general details of the Client (and the Student, if different) to secure an acceptable tuition rate for the Client and additional disbursable Tutor expenses which must be agreed between the Tutor and Prelude Education before the Assignments starts.
5.5. On receipt of the Tuition Confirmation Email, the Client should consider the terms contained therein carefully; if they are content with them, then sign and return to Prelude a duplicate Confirmation to Client Email signifying acceptance. The Email also states that in the event of non-return of the duplicate, acceptance of its terms will be inferred on completion of the Introductory Session as envisaged in section 6. This shall signify that a contract has been entered into between Prelude Education and the Client providing for the provision of the Tuition Course in accordance with the terms set out in Confirmation to Client Email and these Terms and Conditions but subject to any Special Conditions that may have been specified on the Confirmation to Client Email /or any other conditions that may have been notified (in writing) by Prelude Education to the Client prior to the Client receiving the Confirmation to Client Email.
5.6. In the event that the Tutor is unable, for whatever reason, to contact the Client within two working days of the date of receipt by the Tutor of the Client’s contact details, Prelude Education shall use all reasonable endeavours to contact the Client for the purpose of assisting in arranging the Tuition Course. Neither the Tutor nor Prelude Education shall be held liable for any inability to arrange or complete the Tuition Course due to being unable for no reason of their own to contact the Client.
5.7. Consultancy services: A precis of each meeting will be sent by Prelude Education to the clients within 5 working days of an Initial Consultation, Interview Preparation session and any ongoing Full Placement Meetings taking place.
5.8. Learning Assessment services: A precis of the Assessment recommendations will be sent to the Client by Prelude Education within 5 working days of the Music Focused Assessment.
5.9. Digital Recordings: Prelude Education does not permit Clients to take digital recordings of any kind during Consultancy or Learning Assessment services.
5.10. Assessors will provide both oral and written feedback detailing their findings. Assessors will not provide transcripts of the assessments completed with Students, nor will Prelude Education share them under any circumstances.
6. Introductory Tuition Sessions
6.1. An ‘Introductory Tuition Session’ is the first Tuition Session taken by a Student at any level in any subject and shall avail the Tutor and the Student the opportunity of deciding whether the tutoring relationship is likely to be effective in meeting the Student’s requirements.
6.2. An Introductory Tuition Session shall be of one hour duration, unless otherwise agreed between Prelude Education and the Client. This Introductory Tuition Session will be charged at the agreed tuition rate unless otherwise agreed in writing prior to the session.
6.3. If after an Introductory Tuition Session, the Client notifies Prelude Education and/or the Tutor of an intention to take a further Tuition Session or a Tuition Course in the same subject and level with the Tutor, Prelude Education will use its best endeavours to ensure that the Tutor makes himself available to provide such further Tuition Session or a Tuition Course and shall, if required by the Client, ensure that a regular time slot acceptable to the Client is kept available to accommodate that Client’s requirements.
7. Tuition Sessions
7.1. A Tuition Session shall, subject to clause 7.2, and unless otherwise agreed between Prelude Education and the Client in respect of a specific Tuition Course, consist of a one hour tuition session, unless otherwise agreed between Prelude Education, the Tutor and the Client, excluding any time expended by the Tutor in travelling and waiting in connection with the provision of the Tuition Course.
7.2. A Client may request an ‘intensive’ Tuition Session, for example, in preparation for an examination to be taken by the Student, up to a maximum duration of four hours per day and Prelude Education shall use its best endeavours to arrange the required Tuition Session.
8. Music Focused Assessment
8.1. The purpose of a Music Focussed Assessment is to provide an measure of the pupil’s musical skills to help the client find the most effective ways to boost the Student’s learning at home. This Assessment measures attainment rather than ability and, as such, is not diagnostic in nature. The feedback gives an estimation of the pupil’s skills at the time of assessment and is not to be taken as a predictor of exam performance. While a measure of the pupil’s skills helps to inform exam preparation, exam performance is subject to a wide range of variables.
8.2. This assessment is carried out in a controlled one to one situation and there could be discrepancies between the results and those derived from a classroom setting or one in which a pupil is working independently.
9. Fees, Tuition Rates and Expenses
9.1. Prelude Education shall provide an initial telephone or online video consultation to the Client free of charge and any obligation to determine the tuition requirements of the Client.
9.2. Tuition rates are set by Prelude Education according to the subject and the level of tuition and are usually set on an hourly basis.
9.3. Tuition carried out on a one-to-two basis (i.e., one tutor and two students) will be charged as a multiple of 1.4 on an hourly basis. For example, if the tuition is normally charged at £100 per hour (including VAT) for one-to-one tuition, then for one-to-two tuition it would be £140 per hour (including VAT). Invoicing is prorated and split between the two Clients.
9.4. For timetabled tuition programmes we ask for a 25% deposit (inclusive of VAT, where relevant) of the projected final invoice in advance. Once we have received this initial payment, we put together the timetable for the Student. The remaining 75% of the invoice should be paid prior to the first scheduled tuition timetable. If payment is not received in full before the start date, Prelude Education reserves the right to cancel the agreed tuition timetable and to retain the 25% deposit.
10. Cancellation or rescheduling of Tuition Sessions
10.1. The provisions in this clause do not apply where the Client wishes to terminate Prelude Education’s service and reference should for such circumstances be made to clause 14 of these Terms and Conditions.
10.2. In the event that the Client wishes to cancel or reschedule a Session, e.g., due to (but not limited to) illness or holiday, the party wishing to cancel or reschedule the Session must notify Prelude Education of this and the reason for wanting to cancel or reschedule and shall give at least 48 hours’ notice.
10.3. If the Client does not provide a reasonable reason for the purpose of the late cancellation, the Client will be charged, at the discretion of Prelude Education, the full fee(s) (inclusive of VAT, as applicable) applicable to the booked session where less than 48 hours notice is given.
10.4. The Client shall be expected to strictly observe the rescheduling and cancellation provisions contained in these Terms and Conditions, as failure to do so may result in Prelude Education losing Tutors, future commissions and/or incurring substantial costs in connection with last minute cancellations and rescheduling of Tuition Sessions, and fees due to the tutor.
10.5. Once the Client has confirmed that they would like to proceed with any Assessment or Consultancy service, they will be invoiced when the booking is confirmed. The normal cancellation policies apply, and once the services have commenced then fees cannot be reimbursed.
10.6. If a Tutor has to cancel a tuition session, the Client will not be charged for this session. Prelude Education encourages the Tutor and the Client to use their best endeavours to arrange as soon as possible after receiving notification an alternative date on which the affected Tuition Session can be taken so as to ensure that disruption to the Student’s academic progress is minimised.
10.7. If the Tutor fails to give sufficient or any notice (as required pursuant to clause 9.2 of the Tutor Terms & Conditions) to Prelude Education of wanting to cancel or reschedule a Tuition Session or unreasonably fails to agree an alternative date for a cancelled Tuition Session, Prelude Education reserves the right to remove the Tutor from this assignment and place an alternative Tutor with the Client.
11. Cancellation or rescheduling of Courses
11.1. In the event that the Client wishes to cancel or reschedule a Course, e.g., due to (but not limited to) illness or holiday, the Client wishing to cancel or reschedule the Session must notify Prelude Education of this and the reason for wanting to cancel or reschedule in writing.
11.2. If the Client notifies Prelude Education of their wish to cancel a course twenty-eight days or more before the course start date, Prelude Education will process a full refund.
11.3. If the Client notifies Prelude Education of their wish to cancel a course fourteen days or more before the course start date, Prelude Education will process a 50% refund.
11.4 If the Client notifies Prelude Education of their wish to cancel a course fewer than fourteen days before the course start date, Prelude Education will not issue any refund.
12. Cancellation or rescheduling of Mock Exams
12.1 In the event that the Client wishes to cancel or reschedule a Mock Exam, e.g., due to (but not limited to) illness or holiday, the Client wishing to cancel or reschedule the Session must notify Prelude Education of this and the reason for wanting to cancel or reschedule in writing.
12.2. If the Client notifies Prelude Education of their wish to cancel a mock exam fourteen days or more before the mock exam date, Prelude Education will process a full refund.
12.3. If the Client notifies Prelude Education of their wish to cancel a mock exam seven days or more before the mock exam date, Prelude Education will process a 50% refund.
12.4 If the Client notifies Prelude Education of their wish to cancel a mock exam fewer than seven days before the mock exam date, Prelude Education will not issue any refund.
13. Invoicing and Payments
13.1. Prelude Education shall send invoices to the Client by email for the amount agreed to be paid by the Client for Prelude Education’s services (including, for the avoidance of doubt, all sums disbursed by Prelude Education relating to the Client).
13.2. The invoices shall reflect the tuition rates agreed with the Client and all charges and other sums payable by the Client are exclusive of applicable VAT (or any other form of direct sales tax chargeable on the supply of goods or services) which shall be payable by the Client in addition to the charge or sum in question.
13.3. Unless otherwise agreed in advance with Prelude Education, the Client shall complete the payment for the invoice by bank transfer (or such other card payment mechanism as shall be directed by Prelude Education with reasonable notice). The card payment mechanism shall be communicated to the Client as part of the invoicing process.
13.4. The Client shall make payment to Prelude Education for invoices within seven days of the date of the invoice after which period an invoice shall be considered overdue. After a thirty-day period a payment shall be considered late and Prelude Education may at its discretion commence recovery proceedings. Any challenges to the sum of the invoice must be submitted in writing within this period to avoid incorrect payments being made.
13.5. In the event of a late payment (or non-payment) by the Client, a penalty fee shall be payable immediately and Prelude Education shall also be entitled to charge interest on the whole of the amount due from the date of the outstanding invoice at the rate of 8.00% per annum calculated on a daily basis until full payment has been received by Prelude Education. The penalty fee will be a minimum of £25 and a maximum of £50, or 10% of the total invoice if this figure falls between the minimum and maximum penalty fees.
13.6. Tutors are engaged by Prelude Education; accordingly, Tutors are not permitted under any circumstances to render an invoice directly to the Client or the Student, nor accept any payment from the Client or the Student.
13.7 In the event an invoice remains unpaid after fourteen days of the date of the invoice, Prelude Education reserves the right to withdraw services until the balance of the invoice and any associated penalties and interest have been received by Prelude Education.
14. Termination of a Tuition Course by the Client
14.1. After the Introductory Tuition Session, Clients will be encouraged to agree to a long-term Tuition Course which will usually involves a weekly Tuition Session per subject over a length of a standard school term.
14.2. Prelude Education recommends Clients commit to a Tuition Course for a minimum of 4 weeks (i.e., a minimum of 4 Tuition Sessions) to ensure that a rapport can develop between a Student and Tutor.
14.3. Once the Client agrees to take a Tuition Course, he shall normally only be permitted to terminate the agreement for taking the Tuition Course by providing two weeks’ prior written notice of the same to Prelude Education. However, under the Consumer Protection (Distance Selling) Regulation 2000, a Client may be permitted to cancel a Tuition Course within seven working days (‘the Cancellation Period’) of the Client’s agreement to take the Tuition Course, in which event the Client will, subject to clause 14.4 below, be entitled to the reimbursement of all fees that may have been paid in advance by the Client to Prelude Education in connection with the Tuition Course.
14.4. Where the Client wishes to cancel a Tuition Course pursuant to clause 14.3 above but requested Prelude Education to arrange and Prelude Education have in fact arranged for a Tuition Course to commence prior to the end of the Cancellation Period, then the Client shall not be entitled to a refund of any fees paid in respect of the Tuition Course.
14.5. Prelude Education reserve the right to waive at its sole discretion the requirement for two weeks prior written notice in sub-clause 14.3, in particular (but not limited to) where the Client and the Tutor agree that the Tutor should for whatever reason no longer provide Tuition to the Student.
14.6. A Client is prohibited from making any private arrangement with a tutor, in respect of the provision of educational services, for a minimum of 12 months after working with Prelude Education.
14.7 If a Client pays for a tuition course with a discounted rate applied but chooses to cancel the service once it is in progress, Prelude Education will only refund the pro rata discounted rate of the unused services (rather than the ‘standard’ cost of the service).
14.8 If a Client pays for a tuition course with a discounted rate applied but chooses to cancel the service once it is in progress, the Client will repay Prelude Education the difference between the ‘standard’ cost of the service and the discounted rate of the services used so far.
14.9 ‘Standard’ cost of the service means the relevant rate set out in Prelude Education’s Client Terms and Conditions, or any replacement Prelude Education publication.
15. Disputes between a Tutor and a Client
15.1. Should a dispute arise between a Tutor and a Client, as Prelude Education is contractually responsible for the satisfactory delivery of a Tutor's performance, Prelude Education will endeavour to achieve a satisfactory solution of the issue(s) in dispute, but cannot be held responsible for any such issue(s) or for a failure to achieve a solution.
15.2. In the event of a Client or a Tutor informing Prelude Education that the reason he wishes to terminate an Assignment or Tuition Course is because in his opinion the relationship between the Client (and/or Student, if different) and the Tutor is not, for any reason, conducive to the learning requirements of the Student, then Prelude Education shall, if requested to do so by the Client and/or the Tutor, use its best endeavours to find a solution to the issue(s) in dispute, which may include offering to find and allocate a different Tutor to the Client, subject to availability, but Prelude Education shall not be held liable for failing to find or allocate another Tutor. In the event that a suitable replacement Tutor cannot be found, then Prelude Education shall, at its discretion, offer the Client a refund (on a pro-rata basis) of the balance of the course fees if any paid by the Client in advance relating to the terminated Tuition Course.
16. Data Protection
16.1. Prelude Education will for the purpose of its business and the services that it offers be required to collect, keep and use personal information that it receives from Clients and Students in accordance with its Privacy Policy.
16.2. By entering into an agreement with Prelude Education, the Client (and the Student, if different) consents to Prelude Education holding and using any personal information that it receives from the Client and the Student in accordance with the Data Protection Act 1998 for the purpose of its business and the services that it offers.
16.3. Prelude Education is compliant with Data Protection Act 2018 and regulations thereunder and has a Data Protection policy in place.
16.4. Tutors are obligated at all times and not withstanding any termination or expiration of tuition assignments, to hold in strict confidence and not disclose to any third party any confidential information except as approved by the company in advance in writing. “Confidential Information” refers to any Client details and/or details about the Student – including but not limited to contact details and information about the Student’s educational requirements.
17. Limitation of Liability of Prelude Education
Prelude Education and its directors and employees shall not be responsible or held liable:
17.1. for any loss, damage, anxiety or inconvenience that may have been, is likely to be caused, or has been caused, to the Client or to the Student as a result of any act of or omission by a Tutor or Consultant.
17.2. for any examination grade received by a Client or Student or any consequence that examination grade entails; or any university or school entrance application or interview.
17.3. for any act, omission or error of the Tutor or Consultant.
17.4. for any inaccuracy (purported or actual) in any lesson hours log relating to a Tuition or Consultancy Session (whether or not a Client or a Tutor or a Consultant has raised a dispute in respect thereof).
17.5. for any dispute that arises between the Tutor or Consultant and a Client or Student but shall, if possible, use reasonable endeavours to facilitate a resolution of the dispute.
17.6. for any inappropriate or illegal behaviour of a Tutor, Consultant, Client or Student.
17.7. for prescribing any teaching method and/or content of tutoring lessons or material.
17.8. for any failure by a Tutor or Consultant to meet the Client’s requirements.
18. Intellectual Property
18.1. The names and brand of ‘Prelude Education’ and ‘Prelude Education Limited’ and any (and all) intellectual property associated with the business of Prelude Education shall not be used (or reused) by the Client or Student without the prior written consent of Prelude Education.
18.2. All copyright, trademarks, and other intellectual property rights in and relating to Prelude Education and its business, including any material that is provided by Prelude Education to Tutors, Clients and/or Students, are the property of Prelude Education, and it is prohibited to copy, distribute, show in public or create any derivative work from any such material, without the prior written consent of Prelude Education.
19. Confidentiality
19.1. The Client (and, if different, the Student) agree to not pass on to any third party or himself use for any purpose any information obtained in relation to Prelude Education, any Tutor, or any other Client or Student, other than as may be required in connection with the taking or completion of the tuition services in accordance with these Terms and Conditions.
20. Notices
20.1. Any notices that are required to be given under these Terms and Conditions shall be deemed to have been given if given in writing and sent by email.
20.2. If the notice is sent by email before 4pm on a business day, it shall be deemed to have been received on the same day the notice was sent.
20.3. If a notice is sent by email after 4pm on a business day or on a weekend day, it shall be deemed to have been received on the next working day after the notice was sent.
21. Terms and Conditions
21.1. It is understood and agreed by the Client that these Terms and Conditions shall apply to all tuition services provided to the Client by Prelude Education subject to clause 21.2 below.
21.2. These Terms and Conditions may be amended (which shall also include any additions) by Prelude Education by giving written notice of the variation(s) to the Client at the Client’s last known address.
21.3. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
22. Governing Law and Jurisdiction
22.1. These Terms and Conditions and any agreement made by Prelude Education and the Client pursuant to the same shall be governed by the laws of England and Wales and Prelude Education and the Client agree to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.
Music Teachers terms and conditions
Before registering as a tutor with Prelude Education Limited, it is important that you take the time to carefully read and understand these terms and conditions (referred to as 'these Terms and Conditions').
Definitions and Interpretation
The following words and expressions have specific meanings as described below:
1.1. ‘Prelude Education’ refers to Prelude Education Limited (Company Registration Number 14121053), with its registered office at 2 Yarmouth Road, Hales, Norwich, England, NR14 6SP.
1.2. ‘Assignment’ refers to the tutoring course that the Tutor will provide to the Client.
1.3. ‘Client’ refers to an individual, entity, or organisation who is purchasing or planning to purchase tutoring services through Prelude Education. If the Student is under 18 years old when the Client Registration Form is completed, the Client must be the Student's parent or guardian.
1.4. If the Client is an individual over 18 years old who requires tutoring services for themselves, they will also be the Student.
1.5. If the Client is an entity or organisation, the Student will be the individual for whom the entity or organisation is purchasing or requesting tutoring services through Prelude Education.
1.6. Where the context requires or allows it, references to the Client will also include references to the Student and vice versa.
1.7. ‘Confirmation to Client’ email refers to the email that sets out the Assignment details, the Client receiving the Tuition Course, the agreed tuition rate (including Prelude Education's commission fees), and any agreed expenses.
1.9. ‘Student’ refers to the individual who needs tutoring and will be taught by a Tutor.
1.10. ‘Tuition Course’ refers to the Tuition Session(s) that the Client agrees or proposes to purchase through Prelude Education.
1.11. ‘Tuition Session’ refers to each session of tuition that a Tutor will provide (or has provided) to a Client.
1.12. ‘Tutor’ refers to an individual who has successfully registered as a music teacher, assessor, or consultant with Prelude Education and has agreed to provide services to Prelude Education's Clients.
1.13. ‘Tutor Handbook’ refers to the pack of information that Prelude Education provides to each individual whose registration application as a Tutor has been accepted by Prelude Education.
1.14. In contexts where appropriate, the masculine gender includes the feminine or neuter.
1.15. Words indicating the singular meaning will also refer to the plural meaning and vice versa.
1.16. Tutor ‘Experience’ refers to any tutoring/teaching experience that Prelude Education considers relevant to the specific assignment. What constitutes 'relevant' experience is at Prelude Education's discretion.
1.17. “Introductory Tuition Session” refers to an initial 'trial' session with a Prelude Education Tutor.
1.18. ‘TutorCruncher’ refers to Prelude Education's client and tutor management system, which all Tutors use to log Tuition Sessions and reports. Note, this software is in the process of being rolled out and is not yet available.
Responsibilities of Prelude Education
Prelude Education will:
2.1. use its best efforts to connect clients in need of tutoring services with qualified tutors through Prelude Education.
2.2. confirm tutoring requirements with clients (and/or students if applicable) and provide relevant details to the tutor.
2.3. provide the tutor with all necessary information regarding the student's academic records, relevant study materials, and academic targets provided to Prelude Education by the client (and/or student, if applicable).
2.4. have sole discretion in deciding whether to accept tutor registration applications.
2.5. confirm acceptance of tutor registration applications in writing through the Application Successful email.
2.6. arrange and administer assignments and tuition courses based on the agreed responsibilities of tutors and clients.
Responsibilities of the Tutor
The tutor will:
3.1. provide Prelude Education with a completed Tutor Application Form and any other required information or documentation related to the tutor's registration.
3.2. fulfil assignments to the best of their skill, experience, and ability.
3.3. keep track of all chargeable tuition time spent with students and invoice Prelude Education by the final day of each month.
3.4. monitor and review the student's tutoring requirements throughout the tuition course.
3.5. ensure that all information provided to Prelude Education regarding themselves is accurate and up-to-date, including name, address, phone number(s), qualifications, and experience.
3.6. stay up-to-date with developments in relevant curriculums, syllabus requirements, and qualifications for the subject(s) they teach.
3.7. provide a location for tuition sessions, either at their home or office, or visit the client (or student, if applicable).
3.8. agree with the client on a suitable location for tuition sessions and notify Prelude Education by email.
3.9. if the tuition session takes place at the tutor's chosen location, ensure that the room is suitable for providing tuition and amenities such as a toilet and drinking water are available to the client (and student, if applicable).
3.10. provide their own resources, including up-to-date syllabus related to the subject(s) they teach.
3.11. comply promptly with any feedback requests made by Prelude Education related to the provision of tutoring services.
3.12. keep receipts for any expenses incurred (and for which the tutor wishes to be reimbursed by the client) and provide them to Prelude Education upon request.
3.13. be familiar with and follow Prelude Education's Safeguarding Policy.
Offer and Execution of Assignments
4.1. Upon receiving a tuition request from a potential Client, Prelude Education will make every effort to find the most suitable Tutor for the proposed Assignment. The selection process will take into account a Tutor's experience, qualifications, preferences, offered subjects, geographic proximity to the Student, and availability.
4.2. Prelude Education has full discretion in selecting the Tutor that it deems to be the most suitable in accordance with clause 4.1.
4.3. After identifying a suitable Tutor in accordance with clauses 4.1 and 4.2, Prelude Education will inform the Tutor of the proposed Assignment and provide general information about the Client (and the Student, if different) and will negotiate a reasonable tuition rate with the Client and the amount (or a reasonable sum in lieu) of the expenses likely to be incurred by the Tutor in connection with the provision of the Assignment.
4.4. If a Tutor agrees in principle to take on the proposed Assignment after discussing it with Prelude Education in accordance with clause 4.3, the Tutor must confirm this to Prelude Education. Prelude Education will then prepare and send the Tutor a Confirmation to Tutor email, which will specify details of the Assignment, the agreed-upon tuition rate, the length of the sessions, and the amount that the Client has agreed to pay to Prelude Education as Tutor disbursements in connection with the provision of the Tuition Course.
4.5. Upon receipt of the Confirmation to Tutor email, if the Tutor accepts the Assignment and the other terms specified therein, the Tutor must confirm their acceptance by email to Prelude Education, and retain a copy for their own records. The Tutor must not change any aspect of the agreed Assignment as per clause 4.4 without first obtaining written permission from Prelude Education.
4.6. The act of accepting the Confirmation to Tutor email to Prelude Education will indicate that a contract has been entered into between Prelude Education and the Tutor for the fulfilment of the Assignment in accordance with the terms set out in the Confirmation to Tutor email and these Terms and Conditions. However, this contract is subject to Prelude Education sending a Confirmation to Client email confirming the Client's agreement to take the Tuition Course, any Special Conditions that may have been specified in the Confirmation to Tutor email, and/or any other conditions that may have been notified (in writing) by Prelude Education to the Tutor prior to the Tutor's acceptance of the Confirmation to Tutor email.
4.7. The Tutor is not obliged to accept any Assignment. If a Tutor declines an Assignment, this will not prevent the Tutor from receiving further introductions from Prelude Education. However, a Tutor shall not be permitted to decline an Assignment based on a Client's or Student's race or racial group (including colour, nationality and ethnic or national origins), sex (including marital status, gender reassignment, pregnancy), sexual orientation (including civil partnership status), religion or belief, age or disability.
4.8. Once the Tutor accepts an Assignment, the Client agrees to take a Tuition Course, and Prelude Education notifies the Tutor and the Client that provision of the Tuition Course has become unconditional, the Tutor must contact the Client as soon as possible to arrange for the provision of the Tuition Course.
4.9. If, for any reason, the Tutor is unable to contact the Client within two working days of receiving the notification pursuant to clause 4.8, the Tutor must immediately inform Prelude Education of this. Prelude Education will then make all reasonable efforts to contact the Client to assist in arranging the Tuition Course. Neither Prelude Education nor the Tutor will be held responsible for any inability to arrange or complete the Tuition Course due to being unable to contact the client
4.10 Upon finalisation of the terms for the provision of the Tuition Course, the Tutor shall undertake to execute the Assignment to the best of their abilities and notify Prelude Education upon completion of the Assignment.
Introductory Tutoring Sessions
5.1. An Initial Tutoring Session is the first tutoring session that a Student takes with a Tutor, regardless of the subject or level. The purpose of this session is to allow both the Tutor and the Student to assess whether the tutoring arrangement is likely to be effective in meeting the Student's academic needs.
5.2. The Initial Tutoring Session will last for one hour unless otherwise agreed upon in writing by Prelude Education, the Tutor, and the Client. The agreed upon tuition rate will be charged for this session unless otherwise agreed upon in writing prior to the session.
5.3. If the Client notifies Prelude Education and/or the Tutor after the Initial Tutoring Session of their intention to take additional Tutoring Sessions or a Tutoring Course in the same subject and level with the Tutor, then the Tutor must make themselves available to provide such additional Tutoring Sessions or Tutoring Course. Additionally, the Tutor must ensure that a regular time slot is kept available to accommodate the Client's scheduling requirements, if required by the Client.
Tutoring Sessions
6.1. A Tutoring Session will, unless otherwise agreed upon by Prelude Education, the Tutor, and the Client in writing for a specific Tutoring Course, consist of a one-hour tutoring session. This excludes any time expended by the Tutor in travelling in connection with the provision of the Tutoring Session.
6.2. A Client may request an 'intensive' Tutoring Session, such as in preparation for a Student's examination, with a maximum duration of four hours per day.
Fees, Tuition Rates, and Expenses
7.1. The Tutor shall not incur any registration fee upon registration as a Tutor with Prelude Education.
7.2. Prelude Education shall establish 'guideline' tuition rates based on the subject and level of tuition.
7.3. At the Tutor's request, Prelude Education shall make every effort to agree on a different tuition rate (other than the guideline tuition rate) that is more suitable for reflecting the Tutor's qualifications, experience, and/or requirements.
7.4. If the Client requests it, in respect of any Assignment, Prelude Education shall negotiate an acceptable tuition rate with the Tutor for a specific Tuition Session or Tuition Course.
7.5. The tuition rate may be subject to VAT (or any similar sales tax levied in jurisdictions outside the UK) as applicable to the Client's and/or Tutor's circumstances.
7.6. The tuition rate will not usually include travel expenses and any other expenses likely to be incurred in connection with the provision of the Tuition Course.
7.7. In case the Tutor is likely to incur any expenses ("Tutor disbursements"), the Tutor must provide the details of the same to Prelude Education as soon as possible after receiving the Tutor's proposed Assignment details. Prelude Education will then inform the Client of the Tutor's disbursements amount and will try its best to agree (on behalf of the Tutor) the amount of disbursements or a fair sum in lieu to cover them. The Client will pay the agreed-upon amount for the disbursements, and this agreed amount will be included as a separate item in the invoice that Prelude Education will issue in connection with the respective Tuition Course.
7.8. Tutors may be required to work outside their designated Tuition Sessions. This may include, but is not limited to, listening to student recordings between Tuition sessions. The Client will pay the standard hourly fee for any reasonable time spent by the Tutor in connection with the performance of Tuition Sessions.
Disclosure and Barring Service ('DBS')
8.1. Before taking any Assignment, the Tutor must provide Prelude Education with an original Enhanced DBS Disclosure that is not more than twelve months old from the date the Tutor completed the Tutor Registration Form. This is a prerequisite for all Tutors, except current UK school employees.
8.2. It is solely the Tutor's responsibility to obtain (and pay for) an Enhanced DBS Disclosure from the Home Office and ensure that the DBS Disclosure is up-to-date.
8.3. The Tutor is responsible for renewing and submitting an up-to-date DBS Disclosure to Prelude Education annually, at least three months before the expiration of the current DBS Disclosure. All new Tutors must register their DBS within 28 days of receiving their new certificate with the update service and provide Prelude Education with this valid ID number.
8.4. If, at any time, the Tutor fails to provide Prelude Education with an up-to-date DBS Disclosure in accordance with these provisions, the Tutor will not be eligible for any Assignment, current or future, until the failure is rectified.
8.5. Prelude Education has sole discretion to decline an individual's application for registration as a Tutor because of an unsatisfactory DBS Disclosure (as determined by Prelude Education).
8.6. uCheck is our DBS provider. uCheck performs criminal record checks that result in the issuance of DBS certificates to individuals. Employers may verify the criminal record of someone applying for a role. This is called obtaining a Disclosure and Barring Service (DBS) check. An enhanced DBS check (required for Prelude Education) is suitable for individuals who work with children or adults under specific circumstances, including those who receive healthcare or personal care services. The certificate may contain non-conviction information provided by a Chief Officer if it is deemed relevant and appropriate for inclusion in the certificate.
Individuals cannot apply for an advanced check on their own. A hiring organisation must request the check on behalf of the applicant, and the application must be submitted through a registered body. There are multiple registered bodies available, and it is not necessary to use uCheck.
The cost of the DBS check via uCheck is subject to change, and once the applicant has made the payment, it is non-refundable. However, applicants are free to withdraw from the application process at any time before making the specified payment.
Cancellation and rescheduling of Tuition Sessions
9.1. The provisions in this clause do not apply where the Tutor or the Client wish to terminate tuition and reference should, for such circumstances, be made to clause 12 of these Terms and Conditions.
9.2. In the event that the Client or the Tutor wishes to cancel or reschedule a Tuition Session, e.g. due to (but not limited to) illness or holiday, the party wishing to cancel or reschedule the Tuition Session must notify the other party and Prelude Education of this and the reason for wanting to cancel or reschedule and shall give at least 48 hours’ notice. If the Client does not provide a reasonable reason for the purpose of the late cancellation, the Client will be charged, at the discretion of Prelude Education, the full fee(s) (inclusive of VAT, as applicable) applicable to the booked session where less than 48 hours notice is given.
9.3. Prelude Education encourage the Tutor and the Client to use their best endeavours to arrange as soon as possible after receiving notification pursuant to clause 9.2 has been received of an alternative date on which the affected Tuition Session can be taken so as to ensure that disruption to the Student’s progress is minimised.
9.4. If the Tutor fails to give sufficient or any notice (as required pursuant to clause 9.2) to Prelude Education of wanting to cancel or reschedule a Tuition Session or unreasonably fails to agree an alternative date for a cancelled Tuition Session Prelude Education reserve the right to remove the Tutor from its list of registered Tutors in which event the Tutor shall not be eligible (unless later reinstated) for any future Assignment.
9.5. The Tutor shall be expected to strictly observe the rescheduling and cancellation provisions contained in this clause as failure to do so may result in Prelude Education losing Clients, future commissions and/or incurring substantial administrative costs in connection with last minute cancellations and rescheduling of Tuition Sessions.
Lesson Hours Log
10.1. At the conclusion of each Tuition Session, the Tutor is required to make a note of the amount of tuition time spent by the Tutor with the Student and (if relevant) details of any agreed expenses.
10.2. The Tutor must submit all hours to via email to accounts@preludeeducation.com by the last day of each calendar month for approval.
10.3. In the event that the Tutor fails to complete their invoice to Prelude Education by the end of each calendar month, then there will be a delay in the payment for the Tutor’s work. Failing to complete their invoice may also incur an administration fee for the additional time incurred in rectifying the issue by Prelude Education
Invoicing and Payments
11.1. Prelude Education shall send an invoice to the Client for the amount that the Client has agreed to pay for services, including those provided by the Tutor, and any Tutor disbursements that were agreed upon in connection with the provision of the Tuition Course. The invoice is subject to approval by Prelude Education.
11.2. Prelude Education shall collect tuition fees and expenses from the Client and account for any VAT or other direct sales taxes as applicable to the Assignment.
11.3. The Client must make payment to Prelude Education within 7 days of the invoice date. After this period, the invoice will be considered overdue. Any disputes regarding the invoice amount must be submitted in writing within this period to avoid incorrect payments.
11.4. Once Prelude Education has sent an invoice to the Client in accordance with clause 11.1, the Tutor should receive their payment within 14 days.
11.5. Payment of all or any part of the Tutor’s invoice, or the sum approved by Prelude Education as payable to the Tutor, is subject to Prelude Education's discretion and any alternative agreement reached between Prelude Education and the respective Tutor. Payment of the invoice or sum is strictly contingent upon Prelude Education receiving full payment from the Client of the corresponding invoice amount, and the Tutor cannot require Prelude Education to settle their invoice or the approved sum until that time.
11.6. Tutors are prohibited from invoicing the Client or the Student directly, accepting payment from the Client or the Student, or requesting payment for any outstanding invoice (either rendered by Prelude Education or the Tutor), or any amount stated on a TutorCruncher lesson hours log.
11.7. Prelude Education is responsible for arranging BACS payments to be made to the Tutor’s designated account (the Tutor is responsible for providing the current account details to Prelude Education) for the corresponding invoice or the approved sum specified in the TutorCruncher lesson hours log, relating to the Tuition Session(s) provided by the Tutor. These payments shall be made by the 15th day of the month following receipt of payment from the Client.
11.8. If there is any delay in Prelude Education receiving an invoice from the Tutor due to unforeseen circumstances (e.g., lack of internet) or through no fault of Prelude Education, Prelude Education shall not be held responsible for any loss or damage that may result to the Tutor.
11.9. Prelude Education will pay the Tutor for all hours correctly reported in accordance with this clause 11 and invoiced to the Client
Assignment Termination by Tutor
12.1. Once a Tutor accepts an Assignment, the Tutor may only terminate the agreement for providing the Tuition Course by providing Prelude Education with written notice of the termination at least two weeks prior. The Tutor must also state the reason for terminating the agreement.
12.2. Prelude Education reserves the right, at its sole discretion, to waive the requirement for two weeks’ prior written notice in clause 12.1, particularly if the Client and the Tutor mutually agree that the Tutor will no longer provide Tuition to the Student.
Disputes Between Tutor and Client
13.1. In the event of a dispute between a Tutor and a Client, Prelude Education will attempt to resolve the issue, but cannot be held responsible for a failure in resolving the dispute.
13.2. If a Client or Tutor informs Prelude Education of the desire to terminate an Assignment or Tuition Course due to the relationship between the Tutor and the Client (and/or Student, if different) being unsuitable for the learning requirements of the Student, Prelude Education will make every effort to find a satisfactory solution. Prelude Education may offer to allocate a different Tutor to the Client, subject to availability, but is not liable for failing to find or allocate another Tutor. If no suitable replacement Tutor can be found, Prelude Education may, at its sole discretion, offer a refund (on a pro-rata basis) of any advance course fees paid by the Client for the terminated Tuition Course.
Tutor Prohibitions and Non-Prohibitions
14.1. A Tutor is not prohibited under these Terms and Conditions from providing tuition to any Client or Student who is not introduced by Prelude Education. The Tutor is free to engage in their own business activities while accepting Assignments from Prelude Education, but must devote their full care and attention to the provision of the Tuition Course.
14.2. A Tutor is prohibited from discussing any topic with a Client (and/or Student, if different) that is not related to the Tuition Course.
14.3. A Tutor is prohibited from making any private arrangements with a Client or Student, related to the provision of tuition services, for a minimum of twelve months after working with Prelude Education.
Tutor’s Employment Status
15.1. Prelude Education operates as an employment business.
15.2. Tutors engage in a contract for services and work as self-employed professionals when providing any tutoring services to any Client. Tutors are responsible for ensuring they are legally entitled to work in the UK on a self-employed basis.
15.3. Tutors are responsible for registering their engagement status with HM Revenue & Customs and for paying their own taxes and National Insurance contributions, as well as arranging with HM Revenue & Customs generally. They are also responsible for providing confirmation of this status and any information that may be required in connection with the same to Prelude Education for verification, accounting or any other purpose connected with the provision of tutoring services by Prelude Education to Clients.
15.4. Tutors are not entitled to holiday, holiday pay, pension or any other benefits. However, the Tutor is responsible for notifying Prelude Education at least three months in advance of any period or periods of time, other than Christmas and Bank Holidays, during which the Tutor will be unavailable to provide tutoring services to Clients.
15.5. Where Tutors may be required to travel for Assignments, they are responsible for ensuring that their motor insurance provides adequate cover for such travel if they use a car or other motor vehicle. Prelude Education shall not be held responsible for any loss or damage sustained by the Tutor (or any other party) as a result of any inadequate insurance cover.
Data Protection
16.1. Prelude Education will collect, retain, and utilise personal information received from Tutors in accordance with its Privacy Policy, for the purpose of its business and the services that it offers.
16.2. By entering into an agreement with Prelude Education, the Tutor consents to Prelude holding and using any personal information that it receives from the Tutor, in compliance with the Data Protection Act 1998, for the purpose of its business and the services that it offers.
16.3. Prelude Education is compliant with GDPR regulations and has a Data Protection policy in place.
16.4. Tutors are obligated at all times and not withstanding any termination or expiration of tutoring assignments, to maintain confidentiality and not disclose any confidential information about the Client and/or Student to any third party, except as approved in advance by Prelude in writing. “Confidential Information” refers to any details about the client and/or student, including but not limited to contact information and information about the Student’s educational requirements.
Limitation of Prelude Education's Liability
Prelude Education shall not be held responsible or liable:
17.1. for any loss, damage, inconvenience, or distress that may result, or has resulted, from any action or omission of a Tutor.
17.2. for any examination grade received by a Student or the consequences of that grade, including university or school admission.
17.3. for any action, omission, or error of a Tutor.
17.4. for any inaccuracies (real or purported) in any invoice made by the tutor related to a Tuition Session, whether or not a dispute has been raised by a Client or Tutor.
17.5. for any dispute that arises between a Tutor and a Client. Prelude Education will use its best efforts to resolve the dispute if possible.
17.6. for any inappropriate or unlawful behaviour by a Tutor, Client, or Student.
17.7. or prescribing any teaching method and/or content of tutoring lessons or material.
17.8. for any failure of a Tutor to satisfy the Client's demands.
Indemnity
The Tutor shall:
18.1. indemnify and keep indemnified Prelude Education for all claims and liabilities arising out of the provision or proposed provision of any tuition by the Tutor to any Client, including all and any costs and expenses that may be or are incurred.
18.2. obtain and maintain adequate professional indemnity insurance that sufficiently covers the Tutor's tutoring operations proposed to be provided to Clients, and on request provide Prelude Education with a copy of the insurance policy and schedule.
Intellectual Property
19.1. The names and brands “Prelude Education” and “Prelude Education Limited,” as well as any intellectual property connected with the business of Prelude Education, may not be used or reused by the Tutor without prior written permission from Prelude Education. The Tutor shall not use the name of Prelude Education to advertise tutoring services provided by himself or any entity, company, or organisation in which he has a significant interest.
19.2. All copyright, trademarks, and other intellectual property rights connected to Prelude Education and its operations, including any materials provided by Prelude Education to Tutors, Clients, or Students, are the exclusive property of Prelude Education. It is forbidden to copy, distribute, display publicly, or create derivative works from any such materials without prior written permission from Prelude Education.
Confidentiality
20.1. The Tutor promises not to disclose or use, for any reason, any information obtained in relation to Prelude Education, any Client, or any Student, other than as required to provide tuition services under these Terms and Conditions.
Termination of Tutor Registration
21.1. Upon two weeks’ written notice, a Tutor may request to be removed from the Prelude Education list of registered Tutors, provided that the Tutor has no outstanding or uncompleted Assignments.
21.2. Prelude Education may terminate the registration of a Tutor by giving the Tutor two weeks’ written notice, subject to clause 21.3. Such termination will result in the termination of any outstanding or uncompleted Assignments.
21.3. Prelude Education reserves the right to immediately terminate the registration of a Tutor and any outstanding or uncompleted Assignments of the Tutor if the Tutor breaches any of these Terms and Conditions or the terms of any Assignment, or if Prelude Education determines, based on feedback received from a Client or a Student, that the Tutor's standard of tutoring is not of an acceptably high standard, or their conduct is not in line with the company’s standards as outlined in the ‘Tutor Handbook.’
21.4. Upon the termination of a Tutor's registration, the Tutor must return to Prelude Education all materials that Prelude Education provided for the purpose of providing tuition to Clients.
Notices
22.1. Any notices that are required to be given under these Terms and Conditions shall be given in writing and sent by email.
22.2. If a notice is sent by email before 4 p.m. on a business day, it will be deemed to have been received on the same day it was sent.
22.3. If a notice is sent by email after 4 p.m. on a business day or on a weekend, it will be deemed to have been received on the next working day after it was sent.
Terms and Conditions
23.1. The Tutor understands and agrees that these Terms and Conditions shall apply to all introductions made by Prelude Education of Clients to the Tutor, subject to clause 23.2.
23.2. Prelude Education may vary (including any additions) these Terms and Conditions by giving written notice of the variation(s) to the Tutor at the Tutor’s last known address.
23.3. If any provision of these Terms and Conditions is held to be invalid or unenforceable, that provision will be struck out, and the remaining provisions will remain in force.
Tutor Affiliate Scheme
24.1. Prelude Education operates a client introduction scheme under which a Referral Fee may be payable for the introduction of a client of which Prelude Education were not previously aware, for services provided by Prelude Education and invoiced for.
24.2. If a tutor agrees to join the affiliate scheme, they are not obligated to refer clients to Prelude Education.
24.3. Prelude Education agrees to pay the introducing party a commission of 10% of the total invoiced amount (excluding VAT) they send out to any client that the introducing party refers to on presentation of an invoice.
24.4. The commission will be paid on a quarterly basis in arrears (i.e., once Prelude Education has received payment from the client). Prelude Education reserves the right to recover the commission should Prelude Education need to refund any fees to the client.
Governing Law and Jurisdiction
25.1. These Terms and Conditions and any agreement made by Prelude Education and the Tutor pursuant to the same shall be governed by the laws of England and Wales, and Prelude Education and the Tutor agree to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.