PLEASE READ CAREFULLY BEFORE SUBMITTING YOUR APPLICATION
These are the terms and conditions upon which you agree to apply to become one of Beacon Education Services Ltd’s (we, us, our) registered tutors. This agreement will apply for the duration of your registration as one of our tutors.
Beacon Education Services Ltd is a company incorporated and registered in England and Wales with company number 12899595 whose registered office is at 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ.
You should print a copy of this agreement for future reference.
your application to become one of our registered tutors.
our clients (or any of them) who engage us to select and recruit tutors and provide tutoring services (including potential clients).
“Data Protection Legislation”
all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679) (for so long as it is directly applicable in the UK), the Data Protection Act 2018 and all other applicable legislation and regulatory requirements in force from time to time relating to the use of personal data.
“Intellectual Property Rights”
patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
the contract that you and we will enter into, if you are engaged to provide tutoring services to a Client on our behalf.
1.1 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.2 A reference to writing or written includes email but not fax.
2. SCOPE OF AGREEMENT
2.1 We reserve the right to reject your Application for any reason at our sole discretion.
2.2 This agreement is not intended to cover the provision of tutoring services by you to the Client on our behalf. In the event that we wish to engage you to provide tutoring services to a Client, and you wish to accept that engagement, you will be required to sign a Tutor Subcontract which will govern the provision of tutoring services to the Client.
2.3 This agreement applies to any information that is disclosed to you with regards to any Client, and any contact you have with any Client in connection with any proposal for you to provide tutoring services to that Client.
2.4 Neither this agreement or the acceptance of your Application creates or shall be deemed to create an employment relationship or agency relationship. This agreement is intended only to govern the basis on which we will process your Application and offer tutoring positions to you, and your conduct in the event that you become one of our registered tutors.
2.5 This agreement shall apply for the duration of your registration as one of our registered tutors, subject to clause 12.5.
3. YOUR GENERAL OBLIGATIONS
3.1 You agree to:
3.1.1 ensure that all information provided by you in connection with the Application is accurate and complete in all respects, including any information that is provided outside of the Application itself;
3.1.2 cooperate with us in relation to the processing of your Application; and
3.1.3 only apply for a tutoring position if you are able to satisfy the applicable specification issued by us.
4. BACKGROUND CHECKS AND REFERENCES
4.2 You agree that we may contact any individuals you have listed as referees in your Application, in order to obtain references.
5. CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS
5.1 You undertake that you shall not at any time disclose to any person any of our confidential information including any information concerning our business, affairs, clients, other tutors or suppliers, except as permitted by clause 5.2. Our confidential information shall also include:
5.1.1 any of our information of a confidential or proprietary nature relating to our operations, premises, processes, service information, know-how, techniques or software; and
5.1.2 all information relating to our Clients, including their names, addresses and tutoring requirements, including any information disclosed directly or indirectly during any interview with a Client.
5.2 You may disclose our confidential information to the extent that you are required to do so by law, a court of competent jurisdiction or any governmental or regulatory authority, provided that where legally permitted you give us as much advance notice of such disclosure as possible.
5.3 You agree not to use any of our confidential information for any purpose other than to exercise your rights and perform your obligations under or in connection with this agreement.
5.4 You acknowledge and agree that all Intellectual Property Rights in our website and in any materials provided or made available to you in connection with this agreement belong to us.
6.1 Where you have been shortlisted for a tutoring role, the Client may wish to conduct an interview with you prior to engaging you as a tutor. Attendance by you at an interview is optional but non-attendance is likely to reduce your chances of being selected for the engagement.
6.2 You are responsible for all travel, visas and living arrangements in connection with attending an interview and during any interview period. The Client may offer to cover your expenses in this regard (but is not obliged to do so) and we may offer to assist in administrative arrangements for the interview (but we are not obliged to do so; we do not charge for these services and do not accept any liability if we do provide such assistance (see clause 8 for further information)).
6.3 You agree to conduct any Client interviews in a professional manner, with all due care, and to promote our interests during any attendance with the Client.
6.4 You are solely responsible for any loss or damage caused to your own property or the Client or the Client’s property that is caused by your act(s) or omission(s) during or in connection with any attendance at a Client interview.
6.5 We may choose to be present at a Client interview, but we are not obliged to do so. You agree to provide us with any information relating to any interview or proposed interview with a Client, immediately upon request.
7.1 In order to protect our legitimate business interests, you covenant with us that you shall not be involved with or take any steps in connection with (directly or indirectly and whether via another agency or otherwise) the provision of tutoring services to any Restricted Client whilst you are one of our registered tutors and for a period of 12 months after ceasing to be one of our registered tutors. A Restricted Client shall mean any Client that we have introduced to you or in respect of whom we have provided information to you in connection with a tutoring role or potential tutoring role.
7.2 You agree not to make use of any of our Intellectual Property Rights in the course of providing any tutoring services unless we have entered into a Tutor Subcontract with you.
8. OUR LIABILITY
8.1 You acknowledge and agree that we are not obliged to offer any tutoring positions to you, and acceptance of your Application shall not constitute any warranty or representation in this respect.
8.2 Subject to clause 8.4, we shall not in any circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement for:
8.2.1 loss suffered by you arising as a result of a claim made against you by a third party (including any Client);
8.2.2 loss of profits or business;
8.2.3 loss of anticipated savings;
8.2.4 loss or corruption of data or information;
8.2.5 damage to goodwill or reputation;
where any of those losses or damages are direct or indirect; or
8.2.6 any special, indirect or consequential loss, damage, charges or expenses; or
8.2.7 any loss or damage to the extent that it is caused by your act(s) or omission(s).
8.3 Our maximum aggregate liability under or in connection with this agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £500.
8.4 Nothing in this agreement shall limit or exclude our liability for:
8.4.1 death or personal injury resulting from our negligence;
8.4.2 fraud or fraudulent misrepresentation;
8.4.3 any other liability that cannot be excluded or limited by English law.
8.5 This agreement sets out the full extent of our obligations and liabilities in respect of its subject matter. Except as expressly stated in this agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning operation of this agreement which might otherwise be implied into, or incorporated in, this agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
9. YOUR PERSONAL DATA
Under the Data Protection Legislation, we are required to provide you with certain information about who we are and how we process your personal data. This information is provided in our Privacy Notice and it is important that you read that information.