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We are operating as normal during the Covid-19 pandemic.

You must read and understand these terms before submitting the form at the bottom of the page.

1.  Introduction

Contained here are the Terms and Conditions which you must read and agree to before registering as a tutor on eialive.co.uk. All business undertaken by EiA Live and a tutor is subject to these Terms.
If the terms are updated in future this page will be updated to reflect any changes. Existing users will be notified of any significant changes but you should refer to this page for the most current version.
It is your responsibility to make sure that you keep your contact details updated so that we are able to contact you.
By registering your interest you also accept the terms relating to the use of this website. These are available here – https://eialive.co.uk/tcs/

2.  Definitions

The following expressions are given the following meanings:

a.      “Booking” means tuition lessons that are scheduled using the EiA Live website.

b.      “Contract” means the agreement between the Tutor and the Student for the Tutor to provide tuition services.

c.      “Tutor” means a Tutor who uses the EiA Live Website to schedule tuition lessons and uses EiA Live as an agent to collect payments on their behalf.

d.      “Complaint” means a claim by a Student that the service provided by a Tutor falls below the standards the Student expected of a Tutor.

e.      “Failed Payment” means an outstanding Lesson Fee, for which EiA Live has been unable to make a successful charge against the payment details provided by the Student

f.       “Independent Tutor” means a person who has appropriate qualifications and experience to provide tuition services in the areas advertised by the Tutor on the EiA Live Website, with the intention of entering into a Contract.

g.      “Lesson Fee” is the combined hourly fee of the Tutor fee and the Booking Fee.

h.      “Users” means all website users including Tutors and Students.

i.       “Subscription” means packages that are sold on EiA Live Website and incur a recurring charge.

j.       “Student” means a person who uses the EiA Live Website with the intention of entering into a contractual relationship with a Tutor for the provision of tuition services by the Tutor to the Student or the Student’s parent/guardian.

k.      “Tutor” means a Professional Tutor and a Community Tutor.

l.       “Tutor Fee” is the hourly rate of the Tutor.

m.    “EiA Live Website” means the website operated by English in Action Limited.

n.      “Booking Fee” is the hourly fee paid to EiA Live.

o.      “The Company” means EiA Live on behalf of English in Action Limited

3.  Obligations of the Company

1.      The EiA Live Website has been established to allow a Student to be matched with a Tutor and to allow a Student to view the Tutor’s profile. The EiA Live Website also allows a Student to make a booking with a Tutor. The website and the Tutor’s profile are publicly visible and the Tutor consents to their profile being shared in this way.

4.  Obligations of the Tutor

1.      A Tutor warrants that they:

a.      are of at least eighteen years of age

b.      have the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the EiA Live Website

c.      have provided accurate and truthful information

d.      have the legal right to work in the UK on a self-employed basis

2.      A Tutor must disclose any criminal convictions or cautions they may have to EiA Live, including any criminal convictions or cautions received at any time after having registered a tutor account on the Website and for as long as the Tutor remains registered.

3.      A Tutor who contacts a Student who is under the age of 18 must ensure that the Student has consent from a parent or a guardian to provide tuition services to the Student.

4.      A Tutor is not responsible for the prices quoted for their services – these are fixed and are set by EiA Live.

5.      EiA Live is not liable to the Tutor for any fees that have not been paid. The Company will try to resolve disputes about fees in the best interests of all involved.

6.      A Tutor takes full responsibility for all information that they provide on the EiA Live Website and must indemnify EiA Live in relation to any liability incurred by EiA Live as a result of such information.

7.      A Tutor shall indemnify EiA Live for all claims and liabilities arising out of any use by the Tutor of the EiA Live Website, including any associated costs and expenses incurred, whether direct or indirect.

8.      A Tutor and student will be connected through the office and should not exchange personal details. Any other means of communication is prohibited outside of pre-booked tuition sessions.

9.      A Tutor must not discuss their students apart from with employees of the Company.

10.   A Tutor is not an employee of EiA Live and accepts full responsibility for all Income Tax, National Insurance and other liabilities arising from use of the EiA Live Website.

11.   All information provided by a Tutor on the EiA Live Website must be accurate and kept up-to-date. This includes a correct name, address, telephone number and qualification/experience details.

12.   Details entered by the Tutor on the EiA Live Website will be publicly visible and may appear in search engine results.

13.   A Tutor must not complete on behalf of the Student any coursework, essays, or other assignments.

14.   A Tutor must not request any fees other than those collected by EiA Live at the point of booking.

15.   A Tutor must not make any agreement with either a Student or any member of the Student’s family or the Student’s guardian which is intended to circumvent the relationship between EiA Live and the Student and to benefit the Tutor at EiA Live’s expense.

16.   A Tutor must not, during the period of any tutorial engagement with a Student and for a period of 6 months from the conclusion of the tutorial engagement, give any tuition services to that Student. If a Tutor does provide tuition services to a Student in breach of this clause the Tutor must pay EiA Live a penalty fee of £350.00.

17.   A Tutor must not accept any payments directly from a Student.

18.   EiA Live has the right to withhold payments to tutors where we believe lessons are being booked outside the EiA Live website. This may include tutors who have a very small number of booked lessons per student we have referred to them.

19.   If a Tutor fails to deliver to a standard expected by a Student, the Tutor will be liable to refund the Student the entire Tutor Fee for the lesson.

20.   A Tutor must allow at least 15 minutes from the scheduled start time of a lesson for the Student to attend the lesson. If a Tutor fails to do so, the Tutor will be liable to refund the Student the entire Tutor Fee for the lesson.

21.   A Tutor may cancel a booking 24 hours before the scheduled start time of a lesson by informing the company and explaining the reason for cancellation. The Company reserves the right to terminate this agreement should a tutor cancel too many appointments. For guidance, cancelling more than three sessions in six months would certainly result in a tutor being suspended from the website. However, membership is entirely at the Companies discretion.

22.   A Tutor will not receive payment for a lesson that is cancelled more than 24 hours from the scheduled start time of the lesson. For a lesson that is cancelled within 24 hours a tutor will receive full pay unless there are extenuating circumstances and the fee has been waived by the Company. This is a right reserved by the company and tutors should not expect to be paid for cancelled sessions.

23.   A Tutor has 48 hours to inform EiA Live of their intention to dispute a Complaint. Should a Tutor not dispute a Complaint within 48 hours of being notified, the Lesson Fee will be refunded the Student and the Tutor Fee will not be paid to the Tutor.

24.   If the Complaint is disputed by a Tutor, EiA Live reserve the right to hold the payment until the dispute is resolved. If a Tutor cannot provide sufficient evidence against a Student’s claim, the Student will be refunded the entire Lesson Fee and the Tutor will not be paid the Tutor fee.

25.   EiA Live will not be liable to the Tutor for any loss of earnings resulting from any failed payment.

26.  Tutors must not use the EiA Live Website for illegal, unlawful or prohibited purposes. This includes sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or send viruses and worms.

27.   Tutors must not impersonate any other person or entity or to use a false name or a name that they have no authority to use.

28.   Tutors must not post material to the EiA Live Website in which the copyright or intellectual property is or may be the property of another person or body.

30.   EiA Live reserve the right to accept or refuse Tutor applications. Access is limited to the named account holder.

31.   All sessions must be delivered by the booked Tutor unless agreed, in advance, with the Company and the Student.

5. Liability, Indemnity and other provisions

1.      EiA Live is not and cannot be responsible for the behaviour of Users, whether on the EiA Live Website or outside of it. EiA Live only provide a service for a Tutor and Student to be introduced. EiA Live does not pre-screen or monitor the material contributed by Users.

2.      EiA Live is not liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a Member through the use of the EiA Live Website including loss of data or information or any kind of financial or physical loss or damage.

3.      Users agree to indemnify EiA Live against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions or through use of the EiA Live Website.

4.      EiA Live does not guarantee that a Tutor will be secured to meet the Student’s needs.

5.      EiA Live is not responsible for any grade received by a Student or any consequence that examination grades entail.

6. Intellectual Property

1.      The code, brand and intellectual property of the EiA Live Website cannot be reused without EiA Live’s consent. All copyright, trademarks, and other intellectual property rights in and relating to the EiA Live Website (including the material which is contributed by Users) are owned by EiA Live. It is prohibited to copy, distribute, show in public or create any derivative work from the EiA Live Website, or any of the material which is found on the EiA Live Website without the consent of EiA Live.

2.      By submitting any material to the content to the EiA Live Website, you:

a.      are representing that you are fully entitled to do so

b.      grant EiA Live a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form and any place

c.      authorise EiA Live to adapt the relevant material and you waive the right to be identified as the author of the material in question

7. Miscellaneous provisions

1.      EiA Live reserves the right to withdraw or modify aspects of the EiA Live Website, or the entirety of it.

2.      EiA Live reserves the right to suspend or terminate a Member’s access to the EiA Live Website, or parts of it. EiA Live reserves the right to remove, or require the Member to remove, material posted on the EiA Live Website. Any person whose access has been suspended or terminated must not re-register for, or re-access, the EiA Live Website without prior consent from EiA Live.

3.      The open-access nature of the EiA Live Website means that EiA Live cannot prevent determined people whose account has been suspended or terminated from re-accessing or re-registering as Users, in breach of their obligations under these Terms.

4.      EiA Live reserves the right to withdraw any material on the EiA Live Website which appears, whether based on information received from Users or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the EiA Live Website into disrepute. EiA Live does not generally monitor material which appears on the EiA Live Website and EiA Live is reliant upon Users to notify EiA Live of anything that appears to breach these Terms and Conditions.

5.      EiA Live may, at their sole discretion, vary the features of the EiA Live Website and the Terms of use at any time.

6.      EiA Live may restrict access to the EiA Live Website for any at the sole discretion of EiA Live. Users shall not be entitled to any compensation for any loss of business or inconvenience caused.

7.      EiA Live may monitor postings to the EiA Live Website and communications through the EiA Live Website and have the right to delete and/or block such postings or communications at their sole discretion.

8.   EiA Live may contact its users using the details we have stored on their account, this could include by email and phone.

9.   EiA Live may use data for statistical analysis and may provide this to interested third parties.

10.   The Privacy Policy (which can be found in the footer of every page as well as here). EiA Live’s Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the EiA Live Website (including any which contain personal information) is, of course, accessible to internet users around the world.

11.   Severability. In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable.

12.   English Law and the jurisdiction of English Courts applies to these terms.

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