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 Manara
Group Limited.

1.
Definitions and Interpretation

In
these Terms and Conditions, the following words and expressions shall have the
following meanings:

1.1.
‘Manara Education’ refers to Manara Group Limited
whose registered office is situated at 4th Floor, Silverstream House, 45 Fitzroy street, London, W1T 6EB

1.2.
‘Assignment’ refers to the Tuition Course to be provided by the Tutor to the
Client.

1.3.
‘Client’ refers to an individual, entity or organisation who is a purchaser or
prospective purchaser of tutoring services through Manara Education save that,
in the event that 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.
In the event that the Client is an individual over 18 years of age and requires
the tutoring services for himself then that individual will also be the
Student.

1.5.
In the event that the Client is an entity or organisation, the Student will be
the individual for whom or on behalf of whom the said entity or organisation
purchases or requests tutoring services through Manara 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 Manara
Education shall provide to each individual whose application for registration
as a Client is accepted by Manara Education.

1.8.
‘The Confirmation to Client Email’ refers to the email setting out details of
the Tuition Course, the Tutor who is to provide the Tuition Course, the agreed
tuition rate (including the commission fees payable to Manara Education), and
details of any agreed expenses.

1.9.
‘Student’ refers to the individual who requires tutoring and who will be taught
by a Tutor.

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 Manara Education.

1.11.
‘Tuition Session’ refers to each session of tuition which a Tutor is to provide
(or has provided) to a Client.

1.12.
‘Tutor’ refers to an individual who has successfully registered as a tutor,
assessor or consultant with Manara Education and who agrees to provide services
to Manara Education’s Clients.

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 an Manara
Education Tutor.

1.16.
‘TutorCruncher’ refers to Manara Education’s client and tutor management system
through which all tutors log Tuition Sessions and reports.

1.17.
‘Exam Focussed Assessment’ refers to an in-person academic assessment performed
by one of Manara Education’s consultants.

1.18.
‘Consultancy’ refers to assessment and or consultancy services (unless directly
stated otherwise) that the Client agrees or proposes to purchase through Manara
Education.

1.19.
‘Full Placement’ refers to a Consultancy assignment which the Client agrees to
purchase whereby Manara Education shall:

–
advise the Client as to school or university place(s) that may be suitable for
the Student and

–
provide such assistance shall be required to enable the Student to optimise
their application to such place(s).

1.20.
‘Courses and Events’ refers to scheduled events designed to help students
prepare for upcoming assessments and interviews provided by the Supplier.

2.
Responsibilities of Manara Education

Manara
Education shall:

2.1.
be responsible for obtaining confirmation from Clients (and/or, if different,
Students) of their tutoring requirements and provide relevant details to the
proposed Tutor.

2.2.
be responsible for providing to the Tutor all information regarding the
Student’s academic records; all relevant study materials; and details of the
Student’s academic targets; that may be relevant to the provision of the
Tuition Course as may have been provided to Manara Education by the Client
(and/or the Student if different).

2.3.
have sole discretion in deciding whether or not to accept an application made
by an individual for registration as a Client or, if different, for
registration of a Student.

2.4.
on agreeing to accept an application by an individual for registration as a
Client (and, if different, for registration of a Student), confirm this to the
Client by sending the Client a Confirmation to Client Email.

2.5.
be responsible for arranging and administering Assignments and Tuition Courses
subject to the agreed responsibilities of Tutors and Clients.

2.6
be responsible for managing the Client Account and supporting the student with
institution selection, application and admissions as part of a pre-paid Full
Placement Package.

2.7
be responsible for confirming enrolment subject to availability in any Course
or Event after full payment is received on behalf of the Student. All Classes
require a minimum enrolment of three Students.

2.8.1
In the event in any Course or Event that there are insufficient Students
enrolled, Clients will be advised one week before the start date of the Course
or Event. Clients may then choose another option where available or obtain a
full refund of the fees paid for the Course or Event.

2.8.2
Where Manara Education holds a Course or Event open and at the start date of
the Course or Event there are insufficient Students enrolled, Manara Education
may, at its sole discretion, substitute one-to-one tuition of exactly half the
number of scheduled teaching hours for the booked Course or Event.

3.
Responsibilities of the Tutor

The
Tutor shall:

3.1.
be responsible for fulfilling to the best of his skill, experience, and ability
Assignments that the Tutor has accepted.

3.2.
be responsible for maintaining your TutorCruncher lesson hours log relating to
all chargeable tuition time spent with Students.

3.3.
be responsible for monitoring and reviewing the Student’s tutoring requirements
for the duration of a Tuition Course.

3.4.
keep abreast of any developments in relevant curriculums, syllabus requirements
of examination boards or qualifications in the subject(s) that is/are to be
taught (or proposed to be taught) by the Tutor.

3.5.
provide a home or office location where the Client (and, if different, the
Student) may visit or the Tutor must be able to visit the Client (or, if
different, the Student) for the purpose of taking a Tuition Session. For remote
learning, the Tutor must suggest and arrange the platform provider. For further
guidance on the appropriate provider please review TutorCruncher’s guidance
here. 3.6. agree with the Client a suitable location at which the Tuition
Session is to take place. For remote learning, the Tutor must email the client
with a confirmation of the platform and agreed timings, one working day prior
to the tuition session.

3.7.
where a Tuition Session is to take place at a location of the Tutor’s choice
(e.g. the Tutor’s home or office), the Tutor shall ensure that the room in
which it is proposed the Tuition Session shall take place is suitably quiet and
conducive to the provision of tuition, and the Tutor shall ensure that
reasonable amenities (e.g. a toilet; drinking water) are made available to the
Client (and, if different, the Student). For guidance on setting an appropriate
remote working environment, please review TutorCruncher’s page here.

3.8.
provide his own resources, and should have copies of the relevant (up-to-date)
syllabus and past examination papers relating to the subject(s) that is/are to be
taught (or proposed to be taught) by the Tutor in the Tuition Courses.

3.9.
shall comply promptly with any request made by Manara Education for feedback
relating to the provision by the Tutor of any tuition services to any Client.

3.10.
be responsible for keeping receipts in respect of any expenses that may be
incurred by the Tutor (and for which the Tutor wishes to obtain reimbursement
from the Client) in connection with the provision of a Tuition Session, which
receipts shall be provided promptly to Manara Education on request.

3.11.
be familiar with, and must follow the guidance within the Manara Education
Safeguarding Policy.

4.
Responsibilities of the Client

The
Client shall:

4.1.
adhere to Manara Education’s Confirmation to Client email and all other
information and documentation that is or may be required by Manara Education in
connection with the said individual’s application for registration as a
prospective purchaser of tutoring services through Manara Education.

4.2.
if the proposed tuition is for an individual other than the Client, also
provide in respect of that individual (the Student) a completed Confirmation to
Client email and all other information and documentation that is or may be
required by Manara .Education in connection with the said individual’s requirement
for tutoring services through Manara Education.

4.3.
be responsible for providing to Manara Education all information regarding the
Student’s academic records, all relevant study materials and details of the
Student’s academic targets that may be relevant to the provision of the Tuition
Course.

4.4.
be responsible and must ensure at all times that information that he has
provided to Manara Education regarding himself (and the Student, if different)
is accurate and is kept up-to-date, including (but not limited to): his name,
address, and telephone number(s).

4.5.
be responsible for payment of all tuition fees and any other fees, charges, or
expenses payable in connection with the provision of the Tuition Course. The
Client shall pay the regular hourly fee for any reasonable time spent by the
Tutor in connection with the performance of Tuition Sessions (this includes
preparation of course work and materials).

4.6.
agree with the Tutor a suitable location at which the Tuition Session is to
take place. A suitable workplace must be provided for our tutors and contact
made if there are any queries or concerns. For government guidance on
appropriate workspace, please read here and get in contact if you have any
concerns or questions.

4.7.
While Tutors shall be responsible for the direction and implementation of
remote tuition, the Client shall be responsible for the arrangement of suitable
computer equipment and a fast broadband connection, in the absence of which the
Tutor may be unable to deliver the Tuition Session and which may result in the
cancellation of the session, but still chargeable to the client. We recommend
that tutors review TutorCruncher’s guide here.

4.8.
where a Tuition Session is to take place at a location of the Client’s choice
(e.g. the Client’s home), the Client shall ensure that the room in which it is
proposed the Tuition Session shall take place is suitably quiet and conducive
to the provision of tuition, and that reasonable amenities (e.g. a toilet;
drinking water) are made available to the Tutor. Tutors are responsible for the
direction and implementation of remote tuition. We recommend that tutors review
TutorCruncher’s guide here.

4.9.
if the Student is below 18 years of age, be responsible at all times for the
Student’s supervision and safety.

4.10.
shall comply promptly with any request made by Manara Education for feedback
relating to the provision by the Tutor of any tuition services to the Client.

4.11
Whilst attending Courses and Events run by Manara Education, Students must
behave in a respectful, responsible and entirely legal manner in line with the
best practice for online education and as per guidance in KCSIE. In particular
students will:

4.11.1
arrive on time for all scheduled sessions unless they are ill in which case
they must inform Manara Education;

4.11.2
treat all Manara Education Staff, tutors and Students with respect and
courtesy;

4.11.3
3 not consume, or have in their possession alcohol or any illegal and/or
intoxicating substances;

4.11.4
comply with the day-to-day rules of the Course and any instructions given by Manara
Education Staff and tutors.

4.12
In the event of non-compliance with these terms and conditions by
Student/Client, or if the Student/Client engages in any behaviour which, in Manara
Education’s opinion does or is likely to prejudice the safety and smooth
running of the Course or Event, Manara Education reserves the right to require
the Student to withdraw from the Course or Event. In this event no refund of
fees will be made for the remainder of the Course.

5.
Offer and Fulfilment of Services

5.1.
On receipt of a request for tuition from a prospective Client, Manara Education
will, subject to clause

5.2,
use its best endeavours to find the most suitable Tutor to take on the proposed
Assignment, by consideration of a Tutor’s experience, qualifications,
preferences, subjects offered, geographical proximity to the Student, and
availability.

5.2.
Manara Education cannot guarantee that a, or a suitable, Tutor will be found to
take a, or any, proposed Assignment or Assignment, and the Client agrees not
hold Manara Education liable for any loss or damage incurred by the Client as a
result of a Tutor or a suitable Tutor not being found.

5.3.
Manara Education shall have sole discretion in deciding upon the identity of
the Tutor whom it considers to be the most suitable Tutor in accordance with
clause 5.1.

5.4.
On finding a suitable Tutor in accordance with clauses 5.1 and 5.3, Manara
Education shall notify the Tutor of the proposed Assignment and provide general
details of the Client (and the Student, if different) and shall seek to agree
(on behalf of the Tutor) an acceptable 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.

5.5.
If a Tutor agrees in principal to accept a proposed Assignment further to
discussion with Manara Education pursuant to clause 5.4, then the Tutor shall
confirm this to Manara Education and Manara Education shall then prepare and
send to the Tutor a Confirmation to Tutor email which shall set out details of
the Assignment, the tuition rate agreed, and the amount in respect of expenses
that the Client has agreed to pay to the Tutor in connection with the provision
of the Tuition Course.

5.6.
On receipt of a Confirmation to Tutor email if the Tutor agrees to accept the
Assignment and the other terms specified therein the Tutor shall reply to Manara
Education confirming they agree to the assignment terms and retain a copy for
his own record.

5.7.
The act of receiving a Confirmation to Client email shall signify that a contract
has been entered into between Manara Education and the Client providing for the
provision of the Tuition Course in accordance with the terms set out in
Confirmation to Client email and these Terms and Conditions but subject to any
Special Conditions that may have been specified on the Confirmation to Client
email /or any other conditions that may have been notified (in writing) by Manara
Education to the Client prior to the Client receiving the Confirmation to
Client email.

5.8.
The Client should note that the Tutor is under no obligation to accept any
Assignment, save that a Tutor shall not be permitted to decline an Assignment
on the basis of 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, maternity and paternity), sexual orientation
(including civil partnership status), religion or belief, age or disability.

5.9.
Once the Tutor has accepted an Assignment, the Client has agreed to take a
Tuition Course, and Manara Education have notified the Tutor and the Client
that the provision of the Tuition Course has become unconditional, the Tutor
shall contact the Client as soon as possible in order to agree arrangements for
the provision of the Tuition Course.

5.10.
In the event that the Tutor is unable, for whatever reason, to contact the
Client within two working days of the date of receipt by the Tutor of the
client’s contact details, he shall immediately notify Manara Education of this,
and Manara Education shall then use all reasonable endeavours to contact the
Client for the purpose of assisting in arranging the Tuition Course but neither
the Tutor nor Manara Education shall be held liable for any inability to
arrange or complete the Tuition Course due to being unable for no reason of
their own to contact the Client.

5.11.
When arrangements for the provision of the Tuition Course have been agreed, the
Tutor shall fulfil the Assignment to the best of his skill, experience and
ability and notify Manara Education when the Assignment has been completed.

5.12.
Consultancy services: A precis of each meeting will be sent by Manara Education
to the clients within 5 working days of an Initial Consultation, Interview
Preparation session and any ongoing Full Placement Meetings taking place.

5.13.
Learning Assessment services: A precis of the Assessment recommendations will
be sent to the Client by Manara Education within 5 working days of the Exam
Focused Assessment and or Academic Aptitude Assessment taking place.

5.14.
Digital Recordings: We don’t allow clients to take digital recordings of any
kind during the Consultancy services listed in 5.12. or the Learning Assessment
services listed in 5.13.

5.15.
Assessors will provide both oral and written feedback showing the findings of
their assessments. Assessors will not provide transcripts of the assessments
completed with Students. Manara Education will not be able to share these
transcripts for any reason.

6.
Introductory Tuition Sessions

6.1.
An ‘Introductory Tuition Session’ is the first Tuition Session taken by a
Student at any level in any subject and shall avail the Tutor and the Student
and opportunity of deciding whether the tutoring relationship is likely to be
effective in meeting the Student’s requirements.

6.2.
An Introductory Tuition Session shall be of one hour duration, unless otherwise
agreed between Manara Education, the Tutor and the Client. This Introductory
Tuition Session will be charged at the agreed tuition rate unless otherwise
agreed in writing prior to the session.

6.3.
If after an Introductory Tuition Session the Client notifies Manara Education
and/or the Tutor of an intention to take a further Tuition Session or a Tuition
Course in the same subject and level with the Tutor, then the Tutor shall be
expected to make himself available to provide such further Tuition Session or a
Tuition Course and shall, if required by the Client, ensure that a regular time
slot acceptable to the Client is kept available to accommodate that Client’s
requirements.

7.
Tuition Sessions

7.1.
A Tuition Session shall, subject to clause 7.2, and unless otherwise agreed
between Manara Education, the Tutor and the Client in respect of a specific
Tuition Course, consist of a one hour tuition session, unless otherwise agreed
between Manara Education, the Tutor and the Client, excluding any time expended
by the Tutor in travelling and waiting in connection with the provision of the
Tuition Course.

7.2.
A Client may request an ‘intensive’ Tuition Session, for example, in
preparation for an examination to be taken by the Student, up to a maximum
duration of four hours per day and Manara Education shall use their best
endeavours to arrange the required Tuition Session.

8.
Exam Focussed Assessment

8.1.
The purpose of an Exam Focussed Assessment is to provide an informal measure of
the pupil’s literacy and numeracy skills in order to help the parents find the
most effective ways to boost their child’s learning at home. This assessment
measures attainment rather than ability and, as such, is not diagnostic in
nature. The feedback gives an estimation of the pupil’s skills at the time of
assessment and is not to be taken as a predictor of exam performance. While a
measure of the pupil’s skills helps to inform exam preparation, exam
performance is subject to a wide range of variables.

8.2.
This assessment is carried out in a controlled one to one situation and there
could be discrepancies between the results and those derived from a classroom
setting or one in which a pupil is working independently.

9.
Fees, Tuition Rates and Expenses

9.1.
Manara Education shall provide an initial telephone or online video
consultation to the Client free of charge and any obligation in order to
determine the tuition requirements of the Client.

9.2.
The level of tuition rates are set by Manara Education according to the
subject, the level of tuition, and any agreement with individual Tutors and are
usually set on an hourly basis. In respect of any Tuition Course, Manara
Education shall, if required by the Client, seek to agree on behalf of the
Tutor an acceptable tuition rate for a specific Tuition Session or Tuition
Course.

9.3.
Tuition carried out on a one-to-two basis (i.e. one tutor and two students)
will be charged as a multiple of 1.4 on an hourly basis. For example, if the
tuition is normally charged at £100hour (including VAT) for one-to-one tuition,
then for one-to-two tuition it would be £140/hour (including VAT). Invoicing
can be made with one client or split between two, at the clients’ discretion.

9.4.
For Timetabled tuition programs we ask for a 25% deposit of the projected final
invoice in advance. Once we have received this initial payment, we put together
the timetable for the Student. The remaining 75% of the invoice should be paid
prior to the first scheduled tuition timetable. If payment is not received in
full before the start date, Manara Education reserves the right to cancel the
agreed tuition timetable and to retain the 25% deposit.

9.5.
In the event that any expenses are likely to be incurred by the Tutor, the
Tutor is required to provide details of the same to Manara Education as soon as
possible after details of the proposed Assignment have been provided to the
Tutor. Manara Education shall then notify the Client of the amount of the same
and shall use its best endeavours to agree (on behalf of the Tutor) the amount
of the expenses or a reasonable sum in lieu to cover the likely expenses. The
Client shall pay the amount agreed in respect of the expenses and the agreed
amount shall be included as a separate item in the invoice rendered by Manara
Education in connection with the respective Tuition Course or the client may
pay the tutor in person for any expenses on presentation of the relevant
receipts by the tutor.

10.
Disclosure and Barring Service (‘DBS’)

10.1.
The Client should note that all Tutors have an ongoing obligation to provide to
Manara Education a current enhanced DBS Disclosure relating to the respective
Tutor and this is a pre-condition to Tutors undertaking any Assignment.

11.
Cancellation or rescheduling of Tuition Sessions

11.1.
The provisions in this clause do not apply where the Client or the Tutor wish
to terminate tuition and reference should for such circumstances be made to
clauses 16 and 17 of these Terms and Conditions.

11.2.
In the event that the Client, Consultant, Assessor or the Tutor wishes to
cancel or reschedule a Consultancy, Assessment or Tuition Session, e.g. due to
(but not limited to) illness or holiday, the party wishing to cancel or
reschedule the Session must notify the other party and Manara Education of this
and the reason for wanting to cancel or reschedule and shall give at least 48
hours’ notice.

11.3.
In the event that the client does not provide a reasonable reason for the
purpose of the late cancellation, the client will be charged at the discretion
of Manara Education as follows:

100%
of the total fees applicable to the booked session for any cancellation made
less than 48 hours before the session was booked to commence.
The Consultant, Assessor or Tutor will be remunerated accordingly.
11.4. If the Tutor fails to give sufficient or any notice (as required pursuant
to clause 11.2) to Manara Education of wanting to cancel or reschedule a
Tuition Session or unreasonably fails to agree an alternative date for a
cancelled Tuition Session Manara 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.

11.5.
The Client shall be expected to strictly observe the rescheduling and cancellation
provisions contained in these Terms and Conditions, as failure to do so may
result in Manara Education losing Tutors, future commissions and/or incurring
substantial administrative costs in connection with last minute cancellations
and rescheduling of Tuition Sessions.

11.6.
Once the Client has confirmed that they would like to proceed with any
Assessment or Consultancy services, they will be invoiced to confirm the
booking. The normal cancellation policies apply, and once the services have
commenced then fees cannot be reimbursed.

12.
Cancellation or rescheduling of Courses

12.1
In the event that the Client wishes to cancel or reschedule a course, e.g. due
to (but not limited to) illness or holiday, the party wishing to cancel or
reschedule the Session must notify Manara Education of this and the reason for
wanting to cancel or reschedule in writing.

12.2.
If the Client notifies Manara Education of their wish to cancel a course
twenty-eight days or more before the course start date, Manara Education will
process a full refund.

12.3.
If the Client notifies Manara Education of their wish to cancel a course
fourteen days or more before the course start date, Manara Education will
process a 50% refund.

12.4
If the Client notifies Manara Education of their wish to cancel a course fewer
than fourteen days before the course start date, Manara Education will not
issue any refund.

13.
Cancellation or rescheduling of Mock Exams

13.1
In the event that the Client wishes to cancel or reschedule a mock exam, e.g.
due to (but not limited to) illness or holiday, the party wishing to cancel or
reschedule the Session must notify Manara Education of this and the reason for
wanting to cancel or reschedule in writing.

13.2.
If the Client notifies Manara Education of their wish to cancel a mock exam
fourteen days or more before the mock exam date, Manara Education will process
a full refund.

13.3.
If the Client notifies Manara Education of their wish to cancel a mock exam
seven days or more before the mock exam date, Manara Education will process a
50% refund.

13.4
If the Client notifies Manara Education of their wish to cancel a mock exam fewer
than seven days before the mock exam date, Manara Education will not issue any
refund.

14.
TutorCruncher lesson hours log

14.1.
At the conclusion of each Tuition Session, the Tutor is required to add their
lesson hours to the TutorCruncher lesson hours log, setting out the amount of
tuition time spent by the Tutor with the Student and (if relevant) details of
any agreed expenses.

14.2.
The Tutor is responsible for completing their TutorCruncher lesson hours log
for Manara Education by the last day of each calendar month for approval.

15.
Invoicing and Payments

15.1.
Manara Education shall remit invoices to the Client by email for the amount
agreed to be paid by the Client for the work completed by the Tutor and any
agreed expenses incurred in connection with the provision of the Tuition
Course, subject to approval of the TutorCruncher lesson hours log by Manara
Education.

15.2.
The invoices shall reflect the tuition rates agreed with the Client and shall
be subject to direct sales taxes including:

(a)
for UK sales: VAT shall be chargeable at the UK standard rate as required by UK
law; and

(b)
for non-UK sales: such other direct sales taxes as shall be payable in
accordance with applicable laws.

15.3.
Client shall remit the payment for the invoice by card payment via Stripe (or
such other card payment mechanism as shall be directed by Manara Education with
reasonable notice). The card payment mechanism shall be communicated to the
Client as part of the invoicing process.

15.4.
Clients receiving ongoing Tuition are required to authorise a Continuous
Payment Authority (CPA) with Manara Education. CPA is regulated by the
Financial Conduct Authority (FCA). Payment card details will be stored
electronically and securely in one place, in line with UK GDPR regulations, and
Clients will have the ability to update their card details or cancel card
payments at any time through their client portal or by speaking to a member of
the team. By providing your card details you are authorising Manara Education
to take future payments from the same debit or credit card. This process must
be completed before any Tuition commences.

15.5.
Payment will be taken via your payment method 2 days after the presentation of
invoice for last month’s lessons and services delivered. Invoices are normally
issued by the 3rd working day of the month.

15.6.
The Client shall make payment to Manara Education for invoices within fourteen
days of the date of the invoice after which period an invoice shall be
considered overdue and services will be paused immediately. After a thirty day
period a payment shall be considered late and Manara 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.

15.7.
In the event of a late payment (or non-payment) by the Client, a penalty fee
shall be payable immediately and Manara Education shall also be entitled to
charge interest on the whole of the amount due from the date of the outstanding
invoice at the rate of 8.00% per annum calculated on a daily basis until full
payment has been received by Manara Education. The penalty fee will be a
minimum of £25, a maximum of £50 or 10% of the total invoice if this figure
falls between the minimum and maximum penalty fees.

15.8.
Under no circumstances are Tutors permitted to render any invoice directly to
the Client or the Student or accept any payment from the Client or the Student.

15.9.
From 30th October 2023, a discretionary administrative fee of up to 4% is
applied to refunds.

16.
Termination of an Assignment by the Tutor

16.1.
Once the Tutor accepts an Assignment he shall only be permitted to terminate
the agreement for provision of the Tuition Course by providing two weeks’ prior
written notice of the same to Manara Education and must at the same time inform
Manara Education of the reason for requiring termination.

16.2.
Manara Education reserve the right to waive at its sole discretion the
requirement for two weeks’ prior written notice in the preceding clause, in
particular (but not limited to) where the Client and the Tutor agree that the
Tutor should for whatever reason no longer provide Tuition to the Student.

17.
Termination of a Tuition Course by the Client

17.1.
After the first two Introductory Tuition Sessions, Clients will be encouraged
to agree to a long term Tuition Course which will usually involves a weekly one
hour Tuition Session per subject over a length of a standard school term.

17.2.
Manara Education recommends Clients commit to a Tuition Course for a minimum of
4 weeks (i.e. a minimum of 4 Tuition Sessions) to ensure that a rapport can
develop between a student and tutor.

17.3.
Once the Client agrees to take a Tuition Course, he shall normally only be
permitted to terminate the agreement for taking the Tuition Course by providing
two weeks’ prior written notice of the same to Manara Education. However, under
the Consumer Protection (Distance Selling) Regulation 2000, a Client may be
permitted to cancel a Tuition Course within seven working days (‘the
Cancellation Period’) of the Client’s agreement to take the Tuition Course, in
which event the Client will, subject to clause 17.4 below, be entitled to the
reimbursement of all fees that may have been paid in advance by the Client to Manara
Education in connection with the Tuition Course.

17.4.
Where the Client wishes to cancel a Tuition Course pursuant to clause 17.3
above but requested Manara Education to arrange and Manara 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.

17.5.
Manara Education reserve the right to waive at its sole discretion the
requirement for two weeks prior written notice in sub-clause 17.3, in
particular (but not limited to) where the Client and the Tutor agree that the
Tutor should for whatever reason no longer provide Tuition to the Student.

17.6.
A Client is prohibited from making any private arrangement with a tutor, in
respect of the provision of educational services, for a minimum of 3 months
after working with Manara Education.

17.7
If a Client pays for a tuition course with a discounted rate applied but
chooses to cancel the service once it is in progress, Manara Education will
only refund the pro rata discounted rate of the unused services (rather than
the ‘standard’ cost of the service).

17.8
If a Client pays for a tuition course with a discounted rate applied but
chooses to cancel the service once it is in progress, the Client will repay Manara
Education the difference between the ‘standard’ cost of the service and the
discounted rate of the services used so far.

17.9
‘Standard’ cost of the service means the relevant rate set out in Manara
Education’s Client Terms and Conditions, or any replacement Manara Education
publication.

18.
Disputes between a Tutor and a Client

18.1.
Should a dispute arise between a Tutor and a Client, Manara Education will
endeavour to achieve a satisfactory solution of the issue(s) in dispute, but
cannot be held responsible for any such issue(s) or for a failure to achieve a
solution.

18.2.
In the event of a Client or a Tutor informing Manara Education that the reason
he wishes to terminate an Assignment or Tuition Course is because in his
opinion the relationship between the Client (and/or Student, if different) and
the Tutor is not, for any reason, conducive to the learning requirements of the
Student, then Manara Education shall, if requested to do so by the Client
and/or the Tutor, use its best endeavours to find a solution to the issue(s) in
dispute, which may include offering to find and allocate a different Tutor to
the Client, subject to availability, but Manara Education shall not be held
liable for failing to find or allocate another Tutor. In the event that a
suitable replacement Tutor cannot be found, then Manara Education shall, at its
discretion, offer the Client a refund (on a pro-rata basis) of the balance of
the course fees if any paid by the Client in advance relating to the terminated
Tuition Course.

19.
Tutor’s Employment Status

19.1.
The Client should note that Tutors are either employed by Manara Education
employed under a contract of service or may be engaged under a contract for
services (and are therefore self-employed).

19.2.
Manara Education is operating as an employment business.

20.
Data Protection

20.1.
Manara Education will for the purpose of its business and the services that it
offers be required to collect, keep and use personal information that it
receives from Clients and Students in accordance with its Privacy Policy.

20.2.
By entering into an agreement with Manara Education, the Client (and the
Student, if different) consents to Manara Education holding and using any
personal and financial information that it receives from the Client and the
Student in accordance with the Data Protection Act 1998 for the purpose of its
business and the services that it offers.

20.3.
Manara Education is compliant with Data Protection Act 2018 and regulations
thereunder and has a Data Protection policy in place.

20.4.
Tutors are obligated at all times and not withstanding any termination or
expiration of tuition assignments, to hold in strict confidence and not
disclose to any third party any confidential information except as approved by
the company in advance in writing. “Confidential Information” refers to any
client details and/or details about the Student – including but not limited to
contact details and information about the Student’s educational requirements.

21.
Limitation of Liability of Manara Education

Manara
Education and its directors and employees shall not be responsible or held
liable:

21.1.
for any loss, damage, anxiety or inconvenience that may have been, is likely to
be caused, or has been caused, to the Client or to the Student as a result of
any act of or omission by a Tutor or Consultant.

21.2.
for any examination grade received by a Client or Student or any consequence
that examination grade entails; or any university or school entrance
application or interview.

21.3.
for any act, omission or error of the Tutor or Consultant.

21.4.
for any inaccuracy (purported or actual) in any TutorCruncher lesson hours log
relating to a Tuition or Consultancy Session (whether or not a Client or a
Tutor or Consultant has raised a dispute in respect thereof).

21.5.
for any dispute that arises between the Tutor or Consultant and a Client or
Student but shall, if possible, use reasonable endeavours to facilitate a
resolution of the dispute.

21.6.
for any inappropriate or illegal behaviour of a Tutor, Consultant, Client or
Student.

21.7.
for prescribing any teaching method and/or content of tutoring lessons or
material.

21.8.
for any failure by a Tutor or Consultant to meet the Client’s requirements.

22.
Intellectual Property

22.1.
The names and brand of ‘Manara Education’ and ‘Manara Education Limited’ and
any (and all) intellectual property associated with the business of Manara
Education shall not be used (or reused) by the Client or Student without the
prior written consent of Manara Education.

22.2.
All copyright, trademarks, and other intellectual property rights in and
relating to Manara Education and its business, including any material that is
provided by Manara Education to Tutors, Clients and/or Students, are the
property of Manara Education, and it is prohibited to copy, distribute, show in
public or create any derivative work from any such material, without the prior
written consent of Manara Education.

23.
Confidentiality

23.1.
The Client (and, if different, the Student) agree to not pass on to any third
party or himself use for any purpose any information obtained in relation to Manara
Education, any Tutor, or any other Client or Student, other than as may be
required in connection with the taking or completion of the tuition services in
accordance with these Terms and Conditions.

24.
Notices

24.1.
Any notices that are required to be given under these Terms and Conditions
shall be deemed to have been given if given in writing and sent by email.

24.2.
If the notice is sent by email before 4pm on a business day, it shall be deemed
to have been received on the same day the notice was sent.

24.3.
If a notice is sent by email after 4pm on a business day or on a weekend day,
it shall be deemed to have been received on the next working day after the
notice was sent.

25.
Terms and Conditions

25.1.
It is understood and agreed by the Client that these Terms and Conditions shall
apply to all tuition services provided to the Client by Manara Education
subject to clause 25.2 below.

25.2.
These Terms and Conditions may be varied (which shall also include any
additions) by Manara Education by giving written notice of the variation(s) to
the Client at the Client’s last known address.

25.3.
If any provision of these Terms and Conditions is held to be invalid or
unenforceable, such provision shall be struck out and the remaining provisions
shall remain in force.

26.
Governing Law and Jurisdiction

26.1.
These Terms and Conditions and any agreement made by Manara Education and the
Client pursuant to the same shall be governed by the laws of England and Wales
and Manara Education and the Client agree to be bound exclusively by the
jurisdiction of English courts without reference to rules governing choice of
laws.

TUTOR
TERMS AND CONDITIONS
You must take the time to read and understand these terms and conditions
(‘these Terms and Conditions’) before registering as a tutor with Manara
Education Limited.

1.
Definitions and Interpretation

In
these Terms and Conditions, the following words and expressions shall have the
following meanings:

1.1
‘Manara Education’ refers to Manara Education Limited (Co. Regn. No. 07203395)
whose registered office is situated at 7 Wey Court, Mary Road, Guildford,
Surrey, GU1 4QU.

1.2.
‘Assignment’ refers to the Tuition Course to be provided by the Tutor to the
Client.

1.3.
‘Client’ refers to an individual, entity, or organisation who is a purchaser or
prospective purchaser of tutoring services through Manara Education, save that
in the event that 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.
In the event that the Client is an individual over 18 years of age and requires
the tutoring services for himself then that individual will also be the
Student.

1.5.
In the event that the Client is an entity or organisation, the Student will be
the individual for whom or on behalf of whom the said entity or organisation
purchases or requests tutoring services through Manara 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.
‘Confirmation to Client’ email refers to the form setting out details of the
Assignment, the Client to whom the Tuition Course is to be provided, the agreed
tuition rate (including the commission fees payable to Manara Education) and
details of any agreed expenses.

1.8.
‘Confirmation to Client’ email refers to the form setting out details of the
Tuition Course, the Tutor who is to provide the Tuition Course, the agreed
tuition rate (including the commission fees payable to Manara Education) and
details of any agreed expenses.

1.9.
‘Student’ refers to the individual who requires tutoring and who 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 Manara Education.

1.11.
‘Tuition Session’ refers to each session of tuition which a Tutor is to provide
(or has provided) to a Client.

1.12.
‘Tutor’ refers to an individual who has successfully registered as a tutor,
assessor or consultant with Manara Education and who agrees to provide services
to Manara Education’s Clients.

1.13.
‘Tutor Handbook’ refers to the pack of information that Manara Education shall
provide to each individual whose application for registration as a Tutor is
accepted by Manara Education.

1.14.
Wherever the context so requires, the masculine gender includes the feminine or
neuter.

1.15.
Words importing the singular shall be construed as importing the plural and
vice versa.

1.16.
Tutor ‘Experience’ refers to any tutoring/teaching experience that Manara
Education deems ‘relevant’ to the assignment in question. It is at Manara
Education’s discretion what it views as ‘relevant’.

1.17.
“Introductory Tuition Session” refers to an initial ‘Trial’ session with an Manara
Education Tutor.

1.18.
‘TutorCruncher’ refers to Manara Education’s client and tutor management system
through which all tutors log Tuition Sessions and reports.

2.
Responsibilities of Manara Education

Manara
Education shall:

2.1.
use its best endeavours to provide introductions to the Tutor of Clients
requiring tutoring services through Manara Education.

2.2.
be responsible for obtaining confirmation from Clients (and/or, if different,
Students) of their tutoring requirements and provide relevant details to the
Tutor.

2.3.
be responsible for providing to the Tutor all information regarding the
Student’s academic records, all relevant study materials, and details of the
Student’s academic targets that may be relevant to the provision of the Tuition
Course as may have been provided to Manara Education by the Client (and/or the
Student, if different).

2.4.
have sole discretion in deciding whether or not to accept an application made
by an individual for registration as a Tutor.

2.5.
on agreeing to accept an application by an individual for registration as a
Tutor, confirm this to the Tutor in writing through the Application Successful
email

2.6.
be responsible for arranging and administering Assignments and Tuition Courses
subject to the agreed responsibilities of Tutors and Clients.

3.
Responsibilities of the Tutor

The
Tutor shall:

3.1.
provide to Manara Education a completed Tutor Application Form and all other
information and documentation that is or may be required by Manara Education,
in connection with the said individual’s application for registration as a
Tutor.

3.2.
be responsible for fulfilling to the best of his skill, experience and ability
Assignments that the Tutor has accepted.

3.3.
be responsible for maintaining TutorCruncher lesson hours log relating to all
chargeable tuition time spent with Students and shall provide to Manara
Education originals of the same.

3.4.
be responsible for monitoring and reviewing the Student’s tutoring requirements
for the duration of a Tuition Course.

3.5.
ensure at all times that information that he has provided to Manara Education
regarding himself is accurate and is kept up-to-date, including (but not
limited to): his name, address, telephone number(s), qualification and
experience details.

3.6.
keep abreast of any developments in relevant curriculums, syllabus requirements
of examination boards or qualifications in the subject(s) that is/are to be
taught (or proposed to be taught) by the Tutor.

3.7.
provide a home or office location where the Client (and, if different, the
Student) may visit or the Tutor must be able to visit the Client (or, if
different, the Student) for the purpose of providing a Tuition Session.

3.8.
agree with the Client a suitable location at which the Tuition Session is to
take place.

3.9.
where the Tuition Session is to take place at a location of the Tutor’s choice
(e.g. the Tutor’s home or office), the Tutor shall ensure that the room in
which it is proposed the Tuition Session shall take place is suitably quiet and
conducive to the provision of tuition, and the Tutor shall ensure that
reasonable amenities (e.g. a toilet; drinking water) are made available to the
Client (and, if different, the Student). For guidance on setting an appropriate
remote working environment, please review TutorCruncher’s page here. NB:
TutorCruncher is our client and tutor management system through which all
tutors log Tuition Sessions and reports.

3.10.
provide his own resources, and should have copies of the relevant (up-to-date)
syllabus and past examination papers relating to the subject(s) that is/are to
be taught (or proposed to be taught) by the Tutor in Tuition Courses.

3.11.
shall comply promptly with any request made by Manara Education for feedback
relating to the provision by the Tutor of any tuition services to any Client.

3.12.
be responsible for keeping receipts in respect of any expenses that may be
incurred by the Tutor (and for which the Tutor wishes to obtain reimbursement
from the Client) in connection with the provision of a Tuition Session, which
receipts shall be provided promptly to Manara Education on request.

3.13.
be familiar with, and follow the guidance within the Manara Education
Safeguarding Policy.

4.
Offer and Fulfilment of Assignments

4.1.
On receipt of a request for tuition from a prospective Client, Manara Education
will use its best endeavours to find the most suitable Tutor to take on the
proposed Assignment, by consideration of a Tutor’s experience, qualifications,
preferences, subjects offered, geographical proximity to the Student, and
availability.

4.2.
Manara Education shall have sole discretion in deciding upon the identity of
the Tutor whom it considers to be the most suitable Tutor in accordance with
clause 4.1.

4.3.
On finding a suitable Tutor in accordance with clauses 4.1 and 4.2, Manara
Education shall notify the Tutor of the proposed Assignment and provide general
details of the Client (and the Student, if different) and shall seek to agree
(on behalf of the Tutor) an acceptable 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 principal to accept a proposed Assignment further to
discussion with Manara Education pursuant to clause 4.3, then the Tutor shall
confirm this to Manara Education and Manara Education shall then prepare and
send to the Tutor a Confirmation to the Tutor email, which shall set out
details of the Assignment, the tuition rate agreed (including the commission
payable to Manara Education), the length of the sessions, and the amount in
respect of expenses that the Client has agreed to pay to the Tutor in
connection with the provision of the Tuition Course.

4.5.
On receipt of a Confirmation to Tutor email, if the Tutor agrees to accept the
Assignment and the other terms specified therein, the Tutor shall confirm their
acceptance by email to Manara Education, and retain a copy for his own record.
The Tutor shall not amend any aspect of the agreed Assignment per clause 4.4
without first obtaining the express written permission of Manara Education.

4.6.
The act of acceptance of the Confirmation to Tutor email to Manara Education
shall signify that a contract has been entered into between Manara Education
and the Tutor, providing for the fulfilment of the Assignment in accordance
with the terms set out in the Confirmation to Tutor email and these Terms and
Conditions, but subject to Manara Education sending a Confirmation to Client
email confirming to the Client 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 Manara
Education to the Tutor prior to the Tutor’s acceptance to Manara Education of
the Confirmation to Tutor email.

4.7.
The Tutor is under no obligation to accept any Assignment, and if a Tutor
declines an Assignment this shall not preclude or prejudice a Tutor from
receiving further introductions from Manara Education save that a Tutor shall
not be permitted to decline an Assignment on the basis of 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, maternity and paternity), sexual orientation (including civil
partnership status), religion or belief, age or disability.

4.8.
Once the Tutor has accepted an Assignment, the Client has agreed to take a
Tuition Course, and Manara Education have notified the Tutor and the Client
that provision of the Tuition Course has become unconditional, the Tutor shall
contact the Client as soon as possible in order to agree arrangements for the
provision of the Tuition Course.

4.9.
In the event that the Tutor is unable, for whatever reason, to contact the
Client within two working days of the date of receipt by the Tutor of the
notification pursuant to clause 4.8, he shall immediately notify Manara
Education of this, and Manara Education shall then use all reasonable
endeavours to contact the Client for the purpose of assisting in arranging the
Tuition Course, but neither Manara Education nor the Tutor shall be held liable
for any inability to arrange or complete the Tuition Course due to being unable
for no reason of their own to contact the Client.

4.10.
When arrangements for the provision of the Tuition Course have been agreed, the
Tutor shall fulfil the Assignment to the best of his skill, experience and
ability, and notify Manara Education when the Assignment has been completed.

5.
Introductory Tuition Sessions

5.1.
An ‘Introductory Tuition Session’ is the first Tuition Session taken by a
Student at any level in any subject and shall avail the Tutor and the Student
an opportunity of deciding whether the tutoring relationship is likely to be
effective in meeting the Student’s requirements.

5.2.
An Introductory Tuition Session shall be of one-hour duration, unless otherwise
agreed between Manara Education, the Tutor and the Client. This Introductory
Tuition Session will be charged at the agreed tuition rate unless otherwise
agreed in writing prior to the session.

5.3.
If after an Introductory Tuition Session the Client notifies Manara Education
and/or the Tutor of an intention to take a further Tuition Session or a Tuition
Course in the same subject and level with the Tutor, then the Tutor shall be
expected to make himself available to provide such further Tuition Session or a
Tuition Course and shall, if required by the Client, ensure that a regular time
slot acceptable to the Client is kept available to accommodate that Client’s
requirements.

6.
Tuition Sessions

6.1.
A Tuition Session shall, subject to clause 6.2, and unless otherwise agreed
between Manara Education, the Tutor and the Client in respect of a specific
Tuition Course, consist of a one-hour tuition session, excluding any time
expended by the Tutor in travelling and waiting in connection with the
provision of the Tuition Session.

6.2.
A Client may request an ‘intensive’ Tuition Session, for example in preparation
for an examination to be taken by the Student, up to a maximum duration of four
hours per day and Manara Education shall use their best endeavours to arrange
the required Tuition Session.

7.
Fees, Tuition Rates and Expenses

7.1.
The Tutor shall not be required to pay any fee for registering as a Tutor with Manara
Education.

7.2.
Manara Education shall set ‘guideline’ tuition rates according to subject and
level of tuition and shall provide notification to the Tutor of these rates
through the ‘job’ setup in TutorCruncher.

7.3.
Manara Education and the Tutor shall, if requested by either party, use their
best endeavours to agree an alternative tuition rate (other than the guideline
tuition rate) more appropriate to reflect the Tutor’s qualifications,
experience, and/or requirements.

7.4.
In respect of any Assignment, Manara Education shall, if required by the
Client, seek to agree on behalf of the Tutor an acceptable tuition rate for a
specific Tuition Session or Tuition Course.

7.5.
The tuition rate may be subject to VAT as applicable to the circumstances of
the Client and/or the Tutor.

7.6.
Travelling expenses and any other expenses that are likely to be incurred in
connection with the provision of the Tuition Course will not normally be
included in the tuition rate.

7.7.
In the event that any expenses are likely to be incurred by the Tutor, the
Tutor is required to provide details of the same to Manara Education as soon as
possible after details of the proposed Assignment have been provided to the
Tutor, and Manara Education shall then notify the Client of the amount of the
same and shall use its best endeavours to agree (on behalf of the Tutor) the
amount of the expenses or a reasonable sum in lieu to cover the likely
expenses. The Client shall pay the amount agreed in respect of the expenses and
the agreed amount shall be included as a separate item in the invoice rendered
by Manara Education in connection with the respective Tuition Course.

7.8.
Tutors may well be required to work outside of their designated Tuition
Sessions. This may include, but is not restricted to, the marking of work set
between Tuition sessions. The Client shall pay the regular hourly fee for any
reasonable time spent by the Tutor in connection with the performance of
Tuition Sessions.

7.9
Manara Education always pay substantially over the minimum hourly wage.

8.
Disclosure and Barring Service (‘DBS’)

8.1.
The Tutor shall provide to Manara Education an original Enhanced DBS Disclosure
relating to the Tutor that is dated no more than twelve months prior to the
date on which the Tutor completed the Tutor Registration Form and this shall be
a pre-condition to the Tutor undertaking any Assignment. All Tutors are
required to have an enhanced DBS Disclosure dated within the last year unless
they are a current employee at a UK school.

8.2.
The Tutor has sole responsibility for obtaining (and making any payment in
connection with) an Enhanced DBS Disclosure from the Home Office and ensuring
that the DBS Disclosure is up-to-date.

8.3.The
Tutor is responsible for renewing and providing to Manara Education a DBS
Disclosure annually and at least three months before the expiry of their
current DBS Disclosure. All new tutors are required to register their DBS
within 28 days of receiving their new certificate with the update service, and
provide Manara Education with this valid ID number.

8.4.
In the event of the Tutor failing at any time to provide Manara Education with
an up-to-date DBS Disclosure in accordance with these provisions, the Tutor
shall not be eligible for consideration for any or any future Assignment, until
the failure has been remedied.

8.5.
Manara Education have sole discretion to refuse an application made by an
individual for registration as a Tutor as a result of (in the opinion of Manara
Education) an unsatisfactory DBS Disclosure.

8.6
Our DBS provider is First Advantage. First Advantage carries out criminal
record checks that result in DBS certificates being issued to an individual.

Employers
can check the criminal record of someone applying for a role. This is known as
getting a Disclosure and Barring Service (DBS) check. An enhanced DBS check
(required for Manara Education) is suitable for people working with children or
adults in certain circumstances such as those in receipt of healthcare or
personal care. The certificate may also contain non-conviction information
supplied by a Chief Officer, if they feel it is relevant and ought to be
contained in the certificate.

An
individual cannot apply for an enhanced check by themselves. There must be a
recruiting organisation who needs the applicant to get the check. This is then
sent to DBS through a registered body. There are multiple registered bodies and
you do not need to use First Advantage Online Disclosures.

The
DBS via First Advantage cost is subject to change and once the applicant has
made that payment there cannot be a refund. It is the case however that the
applicant can withdraw from the application process at any given moment until
they have made the above-specified payment.

9.
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 Manara Education of this and the reason for wanting to cancel or reschedule
and shall give at least 48 hours’ notice.

9.3.
Manara 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
academic progress is minimised.

9.4.
If the Tutor fails to give sufficient or any notice (as required pursuant to
clause 9.2) to Manara Education of wanting to cancel or reschedule a Tuition
Session or unreasonably fails to agree an alternative date for a cancelled
Tuition Session Manara 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 Manara Education losing Clients, future commissions and/or incurring
substantial administrative costs in connection with last minute cancellations
and rescheduling of Tuition Sessions.

10.
TutorCruncher lesson hours log

10.1.
At the conclusion of each Tuition Session, the Tutor is required to add their
lesson hours to the TutorCruncher lesson hours log setting out 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 TutorCruncher by the last day of each
calendar month for approval.

10.3.
In the event that the Tutor fails to complete their TutorCruncher lesson hours
log to Manara Education by the end of each calendar month, then the Tutor shall
not be entitled to any payment from Manara Education for the work that he has
undertaken and expenses that he has incurred relating to the work and expenses
specified in the said TutorCruncher lesson hours log.

11.
Invoicing and Payments

11.1.
Manara Education shall invoice the Client for the amount agreed to be paid by
the Client for the work completed by the Tutor and any agreed expenses incurred
in connection with the provision of the Tuition Course, subject to approval of
the TutorCruncher lesson hours log by Manara Education.

11.2.
Manara Education shall be responsible for collecting tuition fees and expenses
from the Client and for accounting for VAT or other direct sales taxes as
applicable to the Assignment.

11.3.
The Client is required to make payment to Manara Education within fourteen days
of the date of an invoice after which period an invoice shall be considered
overdue. Any challenges to the sum of the invoice must be submitted in writing
within this period to avoid incorrect payments being made.

11.4.
After Manara Education have approved a TutorCruncher lesson hours log and
invoiced the Client (in accordance with clause 11.1) for the agreed amount (as
approved by Manara Education), then the Tutor may either render an invoice to Manara
Education for the amount agreed by Manara Education to be payable to the Tutor
for the respective work and expenses or rely simply on the respective
TutorCruncher lesson hours log, as approved by Manara Education, but payment of
such amount shall be strictly subject to clause 11.5.

11.5.
Subject to the discretion of Manara Education and any alternate agreement
reached between Manara Education and the respective Tutor, payment of all or
any part of the Tutor’s invoice or the sum approved by Manara Education as
being payable to the Tutor as per the TutorCruncher lesson hours log shall be
on the strict understanding and basis that Manara Education shall first have
received full payment from the Client of the amount of Manara Education’
corresponding invoice to the Client, and the Tutor shall not until then require
Manara Education to settle all or any part of the Tutor’s invoice or the sum
approved by Manara Education as being payable to the Tutor as per the
TutorCruncher lesson hours log.

11.6.
Under no circumstances are Tutors permitted to render any invoice directly to
the Client or the Student or accept any payment from the Client or the Student
or require payment of any outstanding invoice (either rendered by Manara
Education or by the Tutor) or any amount stated on a TutorCruncher lesson hours
log.

11.7.
Manara Education shall be responsible for arranging BACS payments to be made to
the Tutor’s designated account (the current details of which the Tutor has
responsibility to provide to Manara Education) of the Tutor’s corresponding
invoice or the approved sum specified in the TutorCruncher lesson hours log,
relating to the Tuition Session(s) provided by the Tutor, and such BACS
payments shall made on the 20th day of the month following the receipt by Manara
Education of payment from the Client.

11.8.
If there is any delay in Manara Education receiving a TutorCruncher lesson
hours log due to unforeseen circumstances (e.g. (but not limited to) a lack of
internet) or through no fault on the part of Manara Education, then Manara
Education shall not be responsible for any loss or damage that may result to
the Tutor as consequence.

11.9.
Manara Education will pay the Tutor for all hours correctly reported in
accordance with this clause 11 and invoiced to the Client, regardless of
whether it has received full settlement of its invoice rendered to the Client.

12.
Termination of Assignment by a Tutor

12.1.
Once a Tutor accepts an Assignment, he shall only be permitted to terminate the
agreement for provision of the Tuition Course by providing two weeks’ prior
written notice of the same to Manara Education and must at the same time inform
Manara Education of the reason for requiring termination.

12.2.
Manara Education reserve the right to waive at its sole discretion the
requirement for four weeks’ prior written notice in the preceding clause, in
particular (but not limited to) where the Client and the Tutor agree that the
Tutor should for whatever reason no longer provide Tuition to the Student.

13.
Disputes between a Tutor and a Client

13.1.
Should a dispute arise between a Tutor and a Client, Manara Education will
endeavour to achieve a satisfactory solution of the issue(s) in dispute, but
cannot be held responsible for any such issue(s) or for a failure in achieving
a solution.

13.2.
In the event of a Client or a Tutor informing Manara Education that the reason
he wishes to terminate an Assignment or Tuition Course is because in his
opinion the relationship between the Client (and/or Student, if different) and
the Tutor is not, for any reason, conducive to the learning requirements of the
Student, then Manara Education shall, if requested to do so by the Client
and/or the Tutor, use its best endeavours to find a solution to the issue(s) in
dispute, which may include offering to find and allocate a different Tutor to
the Client, subject to availability, but Manara Education shall not be held
liable for failing to find or allocate another Tutor. In the event that a
suitable replacement Tutor cannot be found, then Manara Education shall, at its
sole discretion, offer the Client a refund (on a pro-rata basis) of the balance
of the course fees, if any, paid by the Client in advance relating to the
terminated Tuition Course.

14.
Prohibitions and non-prohibitions on Tutors

14.1.
A Tutor is not prohibited under these Terms and Conditions from providing
tuition to any Client or Student that is not introduced by Manara Education and
is free to pursue his own business activities alongside as accepting
Assignments from Manara Education but must, when undertaking an Assignment,
devote his full care and attention to its provision.

14.2.
A Tutor must not discuss with a Client (and/or Student, if different) any topic
other than those relating to the Tuition Course.

14.3.
A Tutor is prohibited from making any private arrangement with a Client or a
Student, in respect of the provision of tuition services, for a minimum of 3
months after working with Manara Education.

15.
Tutor’s Employment Status

15.1.
Manara Education is operating as an employment business.

15.2.
Tutors are under a contract for services and self-employed as far as the
provision of any tuition services to any Client is concerned and it is their
responsibility to ensure they are legally entitled to work in the UK on a
Self-Employed basis.

15.3.
Tutors are responsible for registering their employment status with HM Revenue
& Customs, and for paying their own tax and National Insurance
contributions and arrangement with HM Revenue & Customs generally, and for
providing confirmation of this status and any information that may be required
in connection with the same to Manara Education for verification, accounting or
any other purpose connected with the provision of tutoring services by Manara
Education to Clients.

15.4.
Tutors are not entitled to holiday, holiday pay, pension or any other benefits.
However, the Tutor is responsible for informing Manara Education at least three
months in advance of any period or periods of time, save for the usual
Christmas and Bank Holidays, during which the Tutor will be unavailable to
provide tuition services to Clients.

15.5.
Where Tutors may be required to travel for Assignments, they are responsible
for ensuring that, if they use a car or other motor vehicle, to do so in the
knowledge that their motor insurance provides adequate cover for such travel,
and Manara 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.

16.
Data Protection

16.1.
Manara Education will, for the purpose of its business and the services that it
offers, be required to collect, keep and use personal information that it
receives from Tutors in accordance with its Privacy Policy.

16.2.
By entering into an agreement with Manara Education, the Tutor consents to Manara
Education holding and using any personal information that it receives from the
Tutor, in accordance with the Data Protection Act 1998, for the purpose of its
business and the services that it offers.

16.3.
Manara 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 tuition assignments, to hold in strict confidence and not
disclose to any third party any confidential information except as approved by
the company in advance in writing. “Confidential Information” refers to any
client details and/or details about the Student – including but not limited to
contact details and information about the Student’s educational requirements.

17.
Limitation of Liability of Manara Education

Manara
Education shall not be responsible or held liable:

17.1.
for any loss, damage, anxiety or inconvenience that may have been, is likely to
be caused, or has been caused, to the Client or to the Student as a result of
any act of or omission by a Tutor.

17.2.
for any examination grade received by a Client or any consequence that
examination grade entails, or any university or school entrance application or
interview.

17.3.
for any act, omission or error of the Tutor.

17.4.
for any inaccuracy (purported or actual) in any TutorCruncher lesson hours log
relating to a Tuition Session (whether or not a Client or a Tutor has raised a
dispute in respect thereof).

17.5.
for any dispute that arises between the Tutor and a Client but shall, if
possible, use their best endeavours to facilitate a resolution of the dispute.

17.6.
for any inappropriate or illegal behaviour of a Tutor, a Client or a Student.

17.7.
for prescribing any teaching method and/or content of tutoring lessons or
material.

17.8.
for any failure by a Tutor to meet the Client’s requirements.

18.
Indemnity

The
Tutor shall:

18.1.
indemnify and keep indemnified Manara 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.
if required by Manara Education, hold or take out and maintain adequate
professional indemnity insurance sufficiently covering the tutoring activities
provided or proposed to be provided by the Tutor to Clients, and shall on
request provide to Manara Education a copy of the insurance policy and
schedule.

19.
Intellectual Property

19.1.
The names and brand of ‘Manara Education’ and ‘Manara Education Limited’ and
any (and all) intellectual property associated with the business of Manara
Education shall not be used (or reused) by the Tutor without the prior written
consent of Manara Education. In particular, the Tutor agrees not to use Manara
Education’s name to promote tuition services offered by himself, any entity,
company, and/or organisation in which he has a material interest.

19.2.
All copyright, trademarks, and other intellectual property rights in and
relating to Manara Education and its business, including any material that is
provided by Manara Education to Tutors, Clients and/or Students are the
property of Manara Education; and it is prohibited to copy, distribute, show in
public or create any derivative work from any such material, without the prior
written consent of Manara Education.

20.
Confidentiality

20.1.
The Tutor agrees to not pass on to any third party, or himself, use, for any
purpose, any information obtained in relation to Manara Education, any Client,
or any Student, other than as may be required in order to enable the provision
of tuition services in accordance with these Terms and Conditions.

21.
Termination of Tutor Registration

21.1.
A Tutor may, by giving two week’s written notice, request Manara Education to
remove him from Manara Education list of registered Tutors, subject to the
Tutor having no outstanding or uncompleted Assignments.

21.2.
Subject to clause 21.3, Manara Education may terminate the registration of a
Tutor by giving the Tutor two week’s written notice, which termination shall
have the effect of terminating any outstanding or uncompleted Assignments.

21.3.
Manara Education reserves the right to immediately terminate the registration
of a Tutor and any outstanding or uncompleted Assignments of the Tutor if any
of these Terms and Conditions, or the terms of any Assignment, have been
breached, or if Manara Education determines, by reference to any feedback
received from a Client or a Student, that the standard of any tutoring provided
by the Tutor is not of a an acceptably high standard or their conduct is not in
alignment with the company’s ‘Standards & Expectations’ outlined in the
‘Tutor Handbook’.

21.4.
Upon termination of registration of a Tutor, the Tutor shall return to Manara
Education all materials that he may have been provided by Manara Education for
the purpose of providing tuition to Clients.

22.
Notices

22.1.
Any notices that are required to be given under these Terms and Conditions
shall be deemed to have been given if given in writing and sent by email.

22.2.
If the notice is sent by email before 4pm on a business day, it shall be deemed
to have been received on the same day the notice was sent.

22.3If
a notice is sent by email after 4pm on a business day or on a weekend, it shall
be deemed to have been received on the next working day after the notice was
sent.

23.
Terms and Conditions

23.1.
It is understood and agreed by the Tutor that these Terms and Conditions shall
apply to all introductions made by Manara Education of Clients to the Tutor
subject to clause 23.2 below.

23.2.
These Terms and Conditions may be varied (which shall also include any
additions) by Manara Education 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, such provision shall be struck out and the remaining provisions
shall remain in force.

24.
Tutor Affiliate Scheme

24.1.
Manara Education operates a client introduction scheme under which a Referral
Fee may be payable for the introduction of a client of which Manara Education
were not previously aware, for services provided by Manara Education and
invoiced for.

24.2.
If a tutor agrees to join the affiliate scheme, they are not obligated to refer
clients to Manara Education.

24.3.
Manara Education agrees to pay the introducing party commission of 10% of the
total invoiced amount (excluding VAT) they send out to any client that the
introducing party refers on presentation of an invoice.

24.4.
The commission will be paid on a monthly basis in arrears (i.e. once Manara
Education has received payment from the client). Manara Education reserves the
right to recover the commission should Manara Education need to refund any fees
to the client.

25.
Governing Law and Jurisdiction

25.1.
These Terms and Conditions and any agreement made by Manara Education and the
Tutor pursuant to the same shall be governed by the laws of England and Wales
and Manara Education and the Tutor agree to be bound exclusively by the
jurisdiction of English courts without reference to rules governing choice of
laws.