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, provided 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 themselves, 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 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 provides to each individual whose application for registration as a Client is accepted.
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.
1.17. ‘Consultancy’ refers to assessment and/or consultancy services (unless directly stated otherwise) that the Client agrees or proposes to purchase from Prelude Education.
1.18. ‘Full Placement’ refers to a Consultancy assignment whereby Prelude Education shall:
Advise the Client as to music school, school, or conservatoire place(s) that may be suitable for the Student; and
Provide such assistance as shall be required to enable the Student to optimise their application to such place(s).
2. Our Responsibilities
Prelude Education will:
2.1. Work with the Client (and/or Student) to understand their tutoring needs and find a suitable Tutor.
2.2. Provide the Tutor with key information, including the Student’s academic records, relevant study materials, and academic goals.
2.3. Decide whether to accept an individual’s application to register as a Client or Student.
2.4. Confirm acceptance of a Client (and/or Student) by sending a confirmation email.
2.5. Arrange and manage tutoring sessions, ensuring they align with the agreed responsibilities of Clients.
2.6. Manage the Client Account and support the Student with institution selection, applications, and admissions when a Full Placement Package has been purchased.
3. Responsibilities of the Tutor
The Tutor will:
3.1. Carry out all tutoring assignments with skill, experience, and professionalism.
3.2. Keep an accurate record of lesson hours for all chargeable tuition.
3.3. Regularly review and adapt to the Student’s tutoring needs throughout the course.
3.4. Stay up to date with curriculum changes, exam board requirements, and qualifications for their subject(s).
3.5. Either provide a suitable location for lessons (such as their home or office) or be able to travel to the Client/Student. For remote lessons, the Tutor must arrange and confirm the online platform.
3.6. Agree on a lesson location with the Client. For remote lessons, the Tutor must email the Client at least one working day in advance to confirm the platform and timing.
3.7. Ensure any lesson location (e.g., their home studio) is quiet, suitable for learning, and provides basic amenities (such as a toilet and drinking water). Tutors teaching remotely should follow TutorCruncher’s guidance on setting up an appropriate workspace.
3.8. Provide their own teaching materials and have up-to-date copies of the relevant syllabus.
3.9. Respond promptly to any feedback requests from Prelude Education regarding their tuition services.
3.10. Keep receipts for any expenses related to tuition that they wish to claim from the Client and provide these to Prelude Education upon request.
3.11. Read and follow the Prelude Education Safeguarding Policy.
4. Responsibilities of the Client
The Client will:
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 arranging tuition for someone else (the Student), ensure all necessary documents and information are provided for them as well.
4.3. Provide Prelude Education with relevant details about the Student’s academic records, study materials, and learning goals.
4.4. Ensure all personal and contact information is accurate and kept up to date.
4.5. Pay all tuition fees and any additional charges related to the Tuition Course, including, where previously agreed, fees for the Tutor’s lesson preparation time.
4.6. Agree with the Tutor on a suitable lesson location. If lessons take place at home, ensure a proper workspace is available and contact Prelude Education with any concerns.
4.7. Provide suitable computer equipment and a reliable internet connection for remote lessons. If these are not in place and a lesson cannot proceed, the session may still be chargeable.
4.8. If lessons take place at the Client’s chosen location (e.g., home), ensure the space is quiet, suitable for learning, and has basic amenities (e.g., toilet, drinking water) for the Tutor.
4.9. If the Student is under 18, take full responsibility for their supervision and safety.
4.10. Respond promptly to any feedback requests from Prelude Education about the tutoring service.
5. Offer and Fulfilment of Services
5.1. When a Client requests tuition, Prelude Education will do its best to find the most suitable Tutor based on their experience, qualifications, subjects, location, and availability.
5.2. While Prelude Education will make every effort to find a suitable Tutor, it cannot guarantee this. The Client agrees that Prelude Education is not responsible for any resulting loss or inconvenience.
5.3. Prelude Education has sole discretion in selecting the Tutor it deems most suitable.
5.4. Once a suitable Tutor is found, Prelude Education will inform the Tutor about the Assignment and share general details about the Client (and Student, if different). The tuition rate and any additional expenses must be agreed upon between the Tutor and Prelude Education before the Assignment starts.
5.5. The Client should review the Tuition Confirmation Email carefully. If they agree to the terms, they must confirm acceptance via email, WhatsApp, or another form of written communication. If the Client does not confirm in writing but proceeds with tuition, acceptance is assumed once the Introductory Session is completed. This signifies a binding contract under the terms in the Confirmation Email and these Terms and Conditions, subject to any special conditions communicated in writing.
5.6. If the Tutor cannot reach the Client within two working days of receiving their contact details, Prelude Education will try to assist. Neither Prelude Education nor the Tutor is responsible if lessons cannot proceed due to an inability to contact the Client.
5.7. Consultancy Services: Before a Music Scholarship Consultation, Interview Preparation session, or other Full Placement Meeting, Prelude Education will send a summary of the meeting agenda to the Client.
5.8. Digital Recordings: Clients are not permitted to record Consultancy or Learning Assessment services in any form.
5.9. Assessment Feedback: Assessors will provide both oral and written feedback but will not provide transcripts of the assessments. Prelude Education will not share these transcripts under any circumstances.
6. Introductory Tuition Sessions
6.1. The ‘Introductory Tuition Sessions’, also referred to as a ‘Trial Period’, is a two-week trial where the Student can take lessons in any subject or level with a Tutor. This period allows the Tutor and Student to determine if the tutoring relationship will meet the Student’s needs.
6.2. Each Introductory Tuition Session lasts one hour unless otherwise agreed upon by Prelude Education and the Client. These sessions are charged at the agreed tuition rate.
6.3. If, after the two-week trial, the Client decides to continue with the same Tutor, Prelude Education will make every effort to ensure the Tutor is available for additional sessions or a full Tuition Course at a regular time slot that suits the Client.
6.4. During the two-week Introductory Period, Clients can terminate the Tuition Course at any time (as long as they adhere to the 48-hour cancellation policy) without being bound by Prelude Education's two-week termination policy.
7. Tuition Sessions
7.1. A standard Tuition Session lasts one hour unless a different duration is agreed upon by Prelude Education and the Client. This does not include the Tutor’s travel or waiting time.
7.2. Clients may request an ‘intensive’ Tuition Session, such as for exam preparation, lasting up to four hours per day. Prelude Education will make every effort to arrange this.
8. Fees, Tuition Rates and Expenses
8.1. Prelude Education offers a free initial consultation via phone or online video to discuss the Client’s tuition needs, with no obligation.
8.2. Tuition rates are set by Prelude Education based on the subject and level and are usually charged per hour.
8.3. For lessons with two students and one tutor, the hourly rate is multiplied by 1.4. For example, if one-to-one tuition costs £100 per hour (including VAT), one-to-two tuition would be £140 per hour (including VAT). The invoice is prorated and split between the two Clients.
8.4. For scheduled tuition programmes, a 25% deposit (including VAT, where applicable) is required in advance. Once the deposit is received, Prelude Education will create the Student’s timetable. The remaining 75% must be paid before the first scheduled session. If full payment is not received before the start date, Prelude Education reserves the right to cancel the timetable and retain the 25% deposit.
9. Cancellation or Rescheduling of Tuition Sessions
9.1. This clause does not apply to the termination of Prelude Education’s services. For termination, refer to Clause 12 of these Terms and Conditions.
9.2. If the Client wishes to cancel or reschedule a session (e.g., due to illness or holiday), they must notify Prelude Education and the Tutor with a valid reason at least 48 hours in advance.
9.3. If the Client cancels with less than 48 hours’ notice and does not provide a reasonable reason, such as an extenuating circumstance, Prelude Education may, at its discretion, charge the full session fee (including VAT, if applicable).
9.4. Clients must strictly adhere to the cancellation and rescheduling policy. Failure to do so may result in financial loss for Prelude Education, difficulties retaining Tutors, and additional costs related to last-minute cancellations.
9.5. Once a Client confirms a booking for a Consultancy service, they will be invoiced immediately. Consultancy services cannot be refunded once the service has begun.
9.6. If a Tutor cancels a session, the Client will not be charged. Prelude Education encourages both parties to reschedule promptly to avoid disruption to the Student’s progress.
9.7. If a Tutor fails to provide sufficient notice or unreasonably refuses to reschedule, Prelude Education reserves the right to replace them with an alternative Tutor.
10. Cancellation or Rescheduling of Music Scholarship Consultation
10.1. If the Client wishes to cancel or reschedule a Music Scholarship Consultation (e.g., due to illness or holiday), they must notify Prelude Education in writing, providing a reason for the cancellation or rescheduling.
10.2. If the Client cancels 14 days or more before the scheduled consultation date, Prelude Education will issue a full refund.
10.3. If the Client cancels 7 days or more before the consultation date, Prelude Education will issue a 50% refund.
10.4. If the Client cancels fewer than 7 days before the consultation date, no refund will be issued.
11. Invoicing and Payments
11.1. Prelude Education shall send invoices to the Client via TutorCruncher 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).
11.2. 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.
11.3. The Client shall remit the payment for the invoice by card payment via Stripe (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.
11.4. The Client shall make payment to Prelude Education for invoices within three 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.
11.5. In the event of 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 a rate of 8.00% per annum, calculated on a daily basis until full payment has been received. 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.
11.6. 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.
11.7. In the event an invoice remains unpaid after fourteen days from the date of the invoice, Prelude Education reserves the right to withdraw services until the balance of the invoice, along with any associated penalties and interest, has been received in full.
12. Termination of a Tuition Course by the Client
12.1. After the two-week Trial Period, a Prelude Education representative will call to discuss the Client’s experience. If the Trial Period is successful, Clients are encouraged to commit to a long-term Tuition Course, typically consisting of weekly sessions per subject for a school term.
12.2. To protect teachers’ financial stability, Clients must provide two weeks' written notice to terminate lessons. Lessons will continue as usual during this period, allowing the Tutor to find replacement work. This policy does not apply within the Trial Period, during which Clients may cancel at any time (provided they give at least 48 hours notice).
12.3. Clients are encouraged to commit to at least four weeks of tuition to establish rapport between Student and Tutor.
12.4. Under the Consumer Protection (Distance Selling) Regulations 2000, Clients may cancel within seven working days of agreeing to a Tuition Course and receive a full refund (subject to clause 12.5).
12.5. Where the Client wishes to cancel a Tuition Course pursuant to clause 12.4 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.
12.6. Prelude Education may waive the two-week notice requirement at its discretion, particularly if both Client and Tutor agree to end tuition early.
12.7. Clients are prohibited from arranging private tuition with any Prelude Education Tutor for at least 12 months after working with the agency.
12.8. If a Client cancels a discounted tuition course, refunds will be calculated at the discounted rate for unused sessions, rather than at the standard tuition rate.
13. Disputes between a Tutor and a Client
13.1. If a dispute arises between a Tutor and a Client, Prelude Education will work to find a fair resolution but cannot be held responsible for the dispute itself or for failing to resolve it.
13.2. If a Client or Tutor wishes to end a Tuition Course due to an unsatisfactory learning environment, Prelude Education will attempt to find a replacement Tutor, subject to availability. If a suitable replacement cannot be found, Prelude Education may, at its discretion, offer a pro-rata refund for any unused prepaid tuition. Prelude Education shall not be held liable for failing to find or allocate another Tutor.
14. Data Protection
14.1. Prelude Education will collect, store, and use personal information from Clients and Students in accordance with its Privacy Policy and for the purposes of delivering its services.
14.2. By entering into an agreement with Prelude Education, the Client (and the Student, if different) consents to the collection and processing of personal information in accordance with the Data Protection Act 2018 and GDPR for the purposes outlined in this agreement.
14.3. Prelude Education is fully compliant with the Data Protection Act 2018, including GDPR, and has a Data Protection Policy in place to ensure the security and privacy of all personal data.
14.4. Tutors are required to maintain strict confidentiality regarding all personal information related to Clients and Students. This obligation continues even after the termination or expiration of any tuition assignment. Tutors may not disclose any confidential information to third parties, unless explicitly approved in writing by Prelude Education. Confidential information includes but is not limited to personal contact details and educational requirements.
15. Limitation of Liability of Prelude Education
Prelude Education and its directors and employees shall not be responsible or held liable:
15.1. For any loss, damage, anxiety, or inconvenience caused, or likely to be caused, to the Client or the Student as a result of any act or omission by a Tutor or Consultant.
15.2. For any examination grade received by a Client or Student, or any consequences of that grade, including any school or university entrance application or interview.
15.3. For any act, omission, or error of the Tutor or Consultant.
15.4. For any inaccuracy in any lesson hours log on TutorCruncher relating to a Tuition or Consultancy Session, whether or not a dispute has been raised by the Client, Tutor, or Consultant.
15.5. For any dispute that arises between the Tutor or Consultant and a Client or Student, though Prelude Education will, if possible, use reasonable endeavours to facilitate a resolution.
15.6. For any inappropriate or illegal behaviour of a Tutor, Consultant, Client, or Student.
15.7. For prescribing any teaching method or content of tutoring lessons or material.
15.8. For any failure by a Tutor or Consultant to meet the Client’s requirements.
16. Intellectual Property
16.1. The names and brand of ‘Prelude Education’ and ‘Prelude Education Limited’, ‘Prelude Education Consultancy’, and any intellectual property associated with the business, shall not be used by the Client or Student without prior written consent.
16.2. All copyright, trademarks, and other intellectual property rights in and relating to Prelude Education and its business, including any material provided by Prelude Education to Tutors, Clients, and/or Students, are the property of Prelude Education. It is prohibited to copy, distribute, display, or create derivative works from such material without prior written consent from Prelude Education.
17. Confidentiality
17.1. The Client (and, if different, the Student) agrees not to disclose any information related to Prelude Education, its Tutors, or other Clients/Students to any third party or use it for any purpose other than the completion of the tuition services in accordance with these Terms and Conditions.
18. Notices
18.1. Any required notices shall be deemed given if sent in writing via email.
18.2. Notices sent by email before 4pm on a business day will be deemed received on the same day.
18.3. Notices sent by email after 4pm or on a weekend will be deemed received on the next working day.
19. Terms and Conditions
19.1. These Terms and Conditions apply to all tuition services provided by Prelude Education to the Client, subject to clause 19.2 below.
19.2. Prelude Education may amend these Terms and Conditions by giving written notice of the changes to the Client’s last known address.
19.3. If any provision of these Terms and Conditions is held to be invalid, that provision will be struck out, and the remaining provisions will remain in effect.
20. Governing Law and Jurisdiction
20.1. 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.