BYT Tuition Ltd Home Tuition Agency Terms and Conditions

      • For the purpose of these Terms, ‘BYT’, ‘we’ and ‘the company’ will refer to BYT Tuition Ltd.
      • BYT exists as an intermediary to facilitate private tuition arrangements, and works on behalf of both the providers and recipients of this tuition.
        • In order to differentiate between BYT’s clients for the purposes of these terms, and to clarify the expectations attached to each:
        • ‘The Tutor’ will refer to the provider of teaching, mentorship or consultation in any arrangement.
        • ‘The Student’ will refer to the recipient of tuition, and/or to the person or organisation responsible for payment of the Tutor’s invoices.
      • In engaging the services of the Tutor, the Student enters into a private agreement with a self-employed individual, which for these purposes will be referred to as ‘the Project’. A single continuous instance of tuition, of any length, whether conducted in person or by electronic means, will be referred to as ‘a session’.
      • We reserve the right to amend these Terms as may be required, at any time. Reasonable efforts will be made to inform both Students and Tutors of any such changes, after which time any continued use of our services will constitute acceptance of these changes.
    • Acceptance of our services will be taken to represent agreement to these Terms and Conditions.
      • The Tutor may set their own terms, in discussion with the Student, prior to the commencement of tuition, or at a later stage if necessary.
      • The Tutor may set their own hourly rate for the Project. 
      • Tutors and Students must agree any travel and materials expenses in advance. They can be invoiced through the BYT billing admin system. 
    • Billing
      • BYT’s services include administering payment arrangements in respect of every project. We raise invoices on behalf of the Tutor, and take payment for these from the Student. We will not undertake to enforce any invoice not raised by BYT or any charge which has not formally been invoiced for by our company.
      • For administrative convenience, the commission paid by the Tutor to BYT is deducted directly from the Student’s payment, before payment is made to the Tutor. This will be clearly set out in the Payment Order associated with each payment made to the Tutor.
      • All invoices raised by BYT will be payable within 10 days of dispatch. In all cases, invoices will be transmitted electronically, to the email address associated with the Student’s profile on our system.
      • It is the usual practice of BYT to take payment for each invoice six days from the date of dispatch, to allow time for resolution of payment issues.
      • Payment Methods
        • Bank Card: The preferred method is via debit or credit card, through the system administered by the payment provider, Stripe. The Student will be required to permit the storage of the details of a debit or credit card on this system, to allow payment to be taken automatically for each future invoice, a copy of which will be sent to the client in advance of payment.
        • Acceptance of these Terms includes acceptance of automatic bank card payments, on the basis outlined in above.
        • Where payment is received successfully, and barring other delays, payment will be made to the Tutor one calendar fortnight from the date on which the invoice was sent. Where payment is delayed, BYT will undertake to arrange payment on the next possible occasion on which tutor payments are scheduled to be made.
      • Where an invoice remains unpaid for an extended period, BYT will attempt as far as possible to enforce payment on the Tutor’s behalf, and will if necessary seek redress at Law. Any costs associated with this process (court fees, fees for warrants or court orders, etc) will be the responsibility of the Student to pay.
    • Tutors and Students should agree cancellation policy between them. BYT recommends that either party gives at least 24 hours notice of cancellation of a session. If the student and tutor have agreed a cancellation fee this can be billed through the BYT admin system in the same manner as a normal session. 
    • Liability/damages
      • BYT accepts no liability for the outcome of any project we administer, or any academic judgement made upon the Student’s work by any educational institution or professional body with which they may be affiliated. Responsibility for the success or failure of their efforts rests ultimately with the Student.
        • Acceptance of these Terms constitutes an agreement to indemnify BYT, without limit, in respect of any claims arising out of, or relating to, tuition services arranged through our agency.
        • Any offer made by BYT in the event of dissatisfaction on the part of the student is at the discretion of the company, and does not constitute acceptance of responsibility for the outcome of the project.
      • In cases where payment owed to the Tutor cannot be retrieved from the Student, BYT accepts no liability for this payment. As a self-employed contractor, the Tutor must accept the financial risk associated with private tuition and non-payment.
      • BYT is a registered Data Handler with the Information Commissioner’s Office. We process the personal data of clients solely for the purposes of communication, effecting introductions between clients, and billing. For further information, please see our Privacy Policy.

  • Tutors provision of services

    • BYT reserves the right to select its clients, both tutors and students, and to withdraw its services from any client where this is judged to be appropriate.
      • We do not consider age, gender, religious belief or any other protected characteristic when selecting our clients.
      • Tutors are chosen on the basis of their ability, as demonstrated at interview, their experience, and the likelihood of demand for their services, based on BYT’s experience and predictions.
      • Tutors are engaged for their particular skill and expertise and are expected to take full responsibility for the manner in which their services are provided. Tutors will use their discretion in determining the most appropriate teaching method depending on the Student’s needs. The Tutor will not be subject to any supervision, direction, or control, or any right thereof, by either BYT or the Student, as to the manner of performance of the agreed services.
  • Self Employment
    • BYT represent tutors as self-employed individuals. We therefore require that all tutors provide proof of their sole-trader status, in the form of their Unique Tax Reference (UTR) number, supplied by HMRC, within three months of their approval as a client of BYT. Tutors who fail to comply with this requirement within 3 months of their first project will be removed as clients of our company. BYT may be required to report such instances to HMRC.
    • Self-employed tutors with BYT may tutor independently of BYT and may engage the services of other intermediaries. 
  • Right to work
    • It is the responsibility of the Tutor to ensure that they are eligible for self-employment in the United Kingdom, before completing their application for consideration as a client. We will not represent any tutor who, due to visa restrictions or for other reasons, is not eligible for self-employment.
  • Tuiton arragements and place of work
    • It is the responsibility of the Tutor to:
      • agree upon a suitable place of work with the Student.
      • agree upon the times, dates, frequency and length of the sessions with the Student.
      • determine the teaching method and approach used in any session guided by experience and industry practice. 
      • agree cancellation policy.

Subcontracting and substitution

    • As a self-employed individual the Tutor may choose to offer the Student a substitute tutor, to whom the Project would be subcontracted, for instance in the event of illness.
  • Billing
    • Errors
      • In the event of an error on the part of BYT in relation to a payment from the Student, the following terms shall apply:
        • Where the amount paid to the Tutor is greater than that to which they are entitled, as set out on the relevant payment order, the excess must be returned to BYT at the earliest opportunity, by means to be agreed with the company. The Tutor will not be entitled to retain these funds.
        • Where the amount paid to the Tutor is less than that to which they are entitled, as set out on the relevant payment order, BYT will make a second payment to rectify the error, as soon as possible after the fault is discovered.
        • Where the payment order itself is at fault, it will not be considered valid by BYT, and any payment made in respect of this payment order will be considered to have been made in error, and will be treated accordingly, as set out above.
    • Commission
      • Payment for BYT’s services from the Tutor is to be made in the form of commission paid per hour of teaching invoiced for. For the convenience of all parties, this commission, plus the Value-Added Tax payable on it, will be deducted by BYT at the time that the Student’s payment is transferred to the Tutor. The amount of commission and tax deducted will be clearly outlined on the payment order sent to the Tutor in respect of this transfer.
    • Unpaid Invoices
      • Where the Student refuses to or cannot pay the Tutor’s invoice BYT will not accept responsibility for this payment if it cannot be recovered by means of negotiation or legal action. The financial risk must ultimately and in all cases rest with the Tutor.
      • Where payment cannot be recovered from the Student, BYT’s commission will not be payable for the invoice in question and no payment order will be raised.

Tax

    • As a self-employed individual, it is the responsibility of the Tutor to declare their earnings from tuition to HMRC, and to make any contributions specified.
    • Educational services provided by the self-employed Tutor do not attract VAT, so this will not appear on invoices sent to the Student on the Tutor’s behalf, except in relation to charges levied by BYT, to which VAT does apply.
    • BYT’s commission is subject to VAT, the amount of which will clearly be set out on the payment orders sent to the Tutor.
  • Confidentiality
    • You undertake that you shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, Clients or suppliers of BYT with 3rd parties. You may however disclose BYT’d confidential information as may be required by law, court order or any governmental or regulatory authority. You shall not use BYT’s confidential information for any purpose other than to perform your obligations under this agreement.

Data protection and privacy policy

In accordance with the new General Data Protection Regulation (GDPR) laws, which came into effect on 25 May 2018, we have made some changes to our Terms and Conditions. Please read below for more information. 

Any reference to ‘we’ or ‘us’ in this policy refers to the separate and distinct legal entities that make up BYT Enterprises Ltd (all of which are registered with the Information Commissioner’s Office:

* BYT Tuition Ltd

* BYT Centres Ltd

* BYT Tuition (St Albans) Ltd

**Information we collect from you**

We collect information directly from you when you choose to participate in our offers and services, programmes, subscribe, call or email us, or otherwise provide information directly with us. The following are examples of information that we may collect directly from you (for tutors indicated in brackets):

* Name (for tutors)

* Email address (for tutors)

* Postal address (for tutors)

* Telephone number (for tutors)

* Demographic information

* Payment information and bank account details (for tutors)

* Communication preferences

* Education preferences and history (for tutors)

* Qualifications, institutions attended and photograph provided by tutors (for tutors)

**Information Usage and Storage**

* We use the information we collect to inform you about our products, events and services. The following are examples of how we may use the information that we collect:

Create and manage your account

Subscribe you to our newsletter, if your express permission was granted

Send you emails with personalised information about us which we think may be of interest to you

Process payment for purchases or services

* We keep in touch with our families with a weekly newsletter campaign which informs subscribers about products and services supplied by BYT Tuition Ltd. All personal data relating to subscribers is held securely and in accordance with the EU General Data Protection Regulation (GDPR) 2018. 

* Information is not shared with third parties. 

* In accordance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003, subscribers can un-subscribe at any time through a process detailed at the footer of each email campaign. 

* Under the EU General Data Protection Regulation 2018 you may request a copy of personal information held about you by this website’s email newsletter program. If you would like a copy of the information held on you please write to the business address at the bottom of this policy. All requests will be responded to within one month, in accordance with the EU GDPR 2018.

* You have the right to access the personal information that we hold about you (as defined in the EU General Protection Data Regulation 2018) upon receipt of a written request. Before providing personal information to you or another person on your behalf, we will ask for proof of identity and sufficient information about your interactions with us that we can locate your personal information. If any of the personal information we hold about you is inaccurate or out of date, you may ask us to correct it.

* You have the right to object to us processing your personal information if we are not entitled to use it any more, to have your information deleted if we are keeping it too long or have its processing restricted in certain circumstances. If you would like to exercise this right, please contact us.

* We retain a record of your personal information. This is done in order to provide you with a high quality and consistent service across our group. We will always retain your personal information in accordance with law and regulation and never retain your information for longer than is necessary.