Terms and Conditions
1. Introduction
1.1 Next Steps Tutors helps Students to find Tutors, Tutors to find Students, and for Students to book and pay for Lessons. All of these terms and conditions apply to Students and Tutors, unless they specifically state otherwise, or are marked with a “T”, when they only apply to Tutors. Clause 5 only applies to Tutors. These terms and conditions replace any previous versions of them.
1.2 Next Steps Tutors is owned and operated as an employment business, as set out by the Department of Business, Energy & Industry Strategy, by Next Steps Tutors LLP, trading as Next Steps Tutors and Next Steps. Next Steps Tutors is a limited liability partnership registered in England and Wales under company number OC437907. Next Steps Tutor’s registered office is at 2 Cleveland Park, Bideford, Devon EX393QH. Next Steps Tutors other contact details are set out on the Website, which is at https://nextstepstutors.com.
1.3 By registering on or using our Platform, the Student agrees to be bound by these terms and conditions. These terms and conditions are legally binding – every Student should read them fully before agreeing to them. (Please print or save these terms for future use as Next Steps Tutors will not keep a file copy specifically for the Student and Next Steps Tutors cannot guarantee that they will remain accessible on the Platform in future). If a Student does not wish to be bound by these terms, they should not use the Platform.
1.4 Where the person who agrees these terms and conditions contracts on behalf of a company/organisation, they hereby confirm that they have authority to act on behalf of that entity.
1.5 Certain words are defined in clause 17 (Definitions) of these terms and conditions and are capitalised throughout.
2. Next Steps Tutors Rights & Responsibilities
This clause sets out what Next Steps Tutors promises to do:
2.1 To match Students with suitable Tutors where possible and to provide a system for Students to book and pay for Lessons and Tutors to receive payments for Lessons. Contracts between Students, Next Steps Tutors and Tutors will be temporary in nature and of any duration. Contracts of 30 days will continue on a rolling basis once the initial 30 days have passed, unless otherwise agreed between Students, Next Steps Tutors and Tutors.
2.2 To maintain a functioning booking/ payment Platform, including communication systems, wherever possible. Next Steps Tutors cannot guarantee that the Platform will always be available, or that it will always work, but it will try to have it up and running properly at all times. Every now and again, the Platform might need to be taken offline for maintenance purposes.
2.3 To communicate any planned maintenance of the Platform or downtime.
2.4 To use reasonable endeavours to check the identity of all Tutors and the background checks of Tutors who have Background Checked Status. (But if a Student is concerned about any Tutor, do not meet a Tutor alone.)
2.5 To decide when a Tutor’s profile is sufficiently complete to be set live on the Platform and the Website and be accessible by other Students.
2.6 To communicate new Bookings, confirmation of Bookings and cancellations, to both Students and Tutors via the Platform and by email (except where a Student or Tutor has chosen to alter their notification settings to exclude email communication).
2.7 To endeavour to give Tutors at least 72 hours notice of new Bookings, unless otherwise agreed on a Booking by Booking basis with the Tutor.
2.8 To endeavour to ensure that each Student’s payment of Lesson Fees and the payment of each Tutor’s Tutor Fees are processed promptly through Credit Requests and Tutor Payouts.
2.9 To endeavour to ensure Complaints are considered promptly and in accordance with these terms and conditions.
2.10 To endeavour to ensure that refunds to Students are made promptly in accordance with these terms and conditions.
2.11 To endeavour to ensure that Failed Payments are processed promptly and in accordance with these terms and conditions.
2.12 To take precautions Next Steps Tutors considers appropriate to protect Students’ and Tutors’ information.
2.13 To monitor postings made on the Platform and messages sent between Students and Tutors. Next Steps Tutors does so in the hope of helping Students and Tutors work together, but also to stop misuse of the Platform, as set out in these terms and conditions.
3. User Responsibilities – this applies to both Students and Tutors, and anyone else who uses the Platform, the Website and our Google Classrooms
3.1 Users are responsible for their own security in conjunction with the services through the Website and the Platform, both online and offline.
3.2 Users must immediately report to Next Steps Tutors any defamatory, offensive or illegal material they view on the Platform or within Next Steps Tutors’ Google Classrooms.
3.3 Users must exercise their own judgement regarding the accuracy of information provided on the Website. Next Steps Tutors cannot and does not guarantee that all of the content on the Website is complete, accurate or up-to-date.
3.4 Users must contact Next Steps Tutors immediately if they believe their password has been compromised. Users will be responsible for the actions of any interactions conducted in their name until they have notified Next Steps Tutors that they believe their password has been compromised.
3.5 Users must not use the Website or Platform with the intention of engaging directly with other Users outside of the Next Steps Tutors environment. Users must not promote opportunities or services of any company other than Next Steps Tutors on the Website, Platform or Google Classroom.
3.6 Users agree to abide by the Privacy Policy provided through the Website and Platform.
3.7 Any User who fails, in Next Steps Tutor’s opinion, to comply with these terms and conditions may be immediately suspended from using the Website, Platform and any related services. Next Steps Tutors reserves the right to cancel any existing bookings in such circumstances.
4. Student Responsibilities
4.1 Next Steps Tutors is not responsible for the acts or omissions of Students or Tutors and is solely responsible for its own acts or omissions.
4.2 By confirming their Booking for their first Lesson with a Tutor, the Student authorises the Tutor to make further Bookings on their behalf and authorises Next Steps Tutors to take advance payment for each Lesson in accordance with these terms and conditions. Further Bookings made by a Tutor on behalf of a Student after the first Lesson will, therefore, be confirmed automatically.
4.3 When a Booking is confirmed, the Student enters into a direct contract with Next Steps Tutors for the provision of Lessons, who hold liability in relation to the Tutor’s provision of lessons.
4.4 Students must ensure that they have given enough information to the Tutor, including their correct address, to allow the Lesson to take place. If a Lesson is to take place at the Student’s home, the Student must provide a suitable setting for tuition.
4.5 Students are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson. No refunds will be made in the event that Students are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of Next Steps Tutors, or any of our Tutors failing to provide the services outlined in clause 2.2 of these terms and conditions.
4.6 Any Student who fails, in Next Steps Tutors’ reasonable opinion, to comply with these terms and conditions may be immediately barred from using the Website and any related services. Next Steps Tutors reserves the right to cancel any existing Bookings in such circumstances.
4.7 Cancellations: Students may cancel any Booking, without incurring any charge, by giving more than 72 hours’ notice.
4.8 Nothing in these terms and conditions affects a Student’s statutory rights.
4.9 Simply by agreeing to these terms and conditions, a Student is not required to sign up with any Tutor or make any Bookings.
4.10 Subject to paying for any Bookings used, a Student may cease to use Next Steps Tutors’ service with 30 days notice.
4.11 Students agree to not use any means to record lessons separately to Next Steps Tutors. This includes storing or sharing them other than those distributed for Students use in any associated Google Classroom.
- Tutor Status and Responsibilities
5.1 Tutors are not employees of Next Steps Tutors and are solely responsible for their own actions both on and off the Platform and our Google Classrooms.
5.2 Tutors must be legally entitled (possessing the relevant immigration status where relevant) to work in the UK on a self-employed basis.
5.3 Tutors are responsible for ensuring that the personal information they provide and their personal statements on the Platform are accurate and in no way misleading. They must update this information promptly to maintain its accuracy. Tutors must supply Next Steps Tutors with relevant ID documentation, background check documentation, current CV and qualification certificates. These must be uploaded to and kept on the Platform within the documents section of their profile.
5.4 Tutors must disclose any criminal convictions or cautions they may have to Next Steps Tutors, including any criminal convictions or cautions received at any time after having registered with Next Steps Tutors and for as long as the Tutor remains registered.
5.5 Tutors claiming Background Checked Status must meet the requirements set out in clause 16.4 of these terms and conditions.
5.6 Any Tutor who, in Next Steps Tutors’ opinion, fails to comply with these terms and conditions may be immediately dismissed from Next Steps Tutors and related services. Next Steps Tutors reserves the right to cancel any existing Bookings at any time in such circumstances.
5.7 Tutors must use their own judgement about whether they wish to offer their tuition services to each individual Student. Tutors must take every precaution to ensure that they work in a safe environment and are responsible for taking out and maintaining their own insurance policies to cover the work they undertake.
5.8 Tutors agree that they will be given Student ratings on the Platform and the number of Lessons taught will be recorded.
5.9 Tutors should make Bookings for Lessons and respond to messages received from Next Steps Tutors and Users promptly.
5.10 For any meetings (including lessons, trials or assessing student need) with a Student organised by Next Steps Tutors’ Website, Tutors must make a Booking to account for this time using the Platform. Tutors agree not to solicit Students or disintermediate Next Steps Tutors, or attempt to solicit Students or disintermediate Next Steps Tutors, in any way, at the time of booking any Lesson with any Student, during any period of confirmed Bookings with any Student or at any time within six months of the date of the most recent Booking with the relevant Student (the “Tutor Restriction Period”).
5.11 Tutors must not complete or intend to complete coursework, or any similar assignments, on behalf of Students.
5.12 Tutors must ensure that all written communication with Students to organise Bookings and arrange Lessons takes place via the Platform or Next Steps Tutors’ WhatsApp Groups.
5.13 Tutors shall indemnify Next Steps Tutors for all claims and liabilities arising out of any use by the Tutor of the Platform, including any costs and expenses incurred.
5.14 Tutors are responsible for ensuring that they have the correct equipment to be able to access their own Online Classroom prior to an Online Lesson. Tutors will be liable to refund any fees received for an Online Lesson in the event that they are unable to access their own Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of Next Steps Tutors failing to provide the services outlined in clause 2.2 of these terms and conditions.
5.15 Tutors are responsible for ensuring that they have the correct Lesson location and are at the Lesson location ready to teach at the agreed time as booked on the Platform. Tutors who are late for a Lesson must provide evidence that they contacted the Student directly to make them aware of their lateness and that the Student was happy to take the Lesson at a later time.
5.16 Users acknowledge that all lessons participated in should be recorded by them and agree to the storage and use of such recordings by Next Steps Tutors in any relevant Google Classrooms.
5.17 Tutors acknowledge and agree to recordings being shared with students.
5.18 Tutors who wish to stop providing services to a client or to Next Steps Tutors agree to give 30 days notice to Next Steps Tutors, so that Next Steps Tutors are able to continue supplying a service to Students with a replacement Tutor.
5.19 From time to time, Next Steps Tutors may offer Tutors discounted Continued Professional Development training from other organisations. Tutors are under no obligation to pay for or complete any training offered. Terms and conditions for any Continued Professional Development offered will be separate to the Terms and Conditions herein.
6. Payment
6.1 The Lesson Fee payable by a Student for a Lesson will be displayed on the Platform at the time of confirming a Booking. The Lesson Fee will also be displayed on the Student’s lessons dashboard on the Platform, in Credit Request emails and, following Lessons, in emails confirming receipt of payment.
6.2 A Lesson Fee will be collected by Stripe on behalf of Next Steps Tutors. All fees include any applicable VAT or other sales tax.
6.3 (“T”) A Tutor’s fee will be agreed between the Tutor and Next Steps Tutors in advance of a Lesson and be within the range of the current Teachers’ Pay and Conditions. A Tutor’s fee is paid on a self-employed basis on receipt of an invoice.
6.4 If any Student cancels a Booking less than 72 hours before the relevant Lesson is due to commence, payment may be taken after the Lesson is due to end.
6.5 If a Lesson does not take place because a Student does not attend and the Student did not confirm with Next Steps Tutors or their Tutor prior to the lesson then the Student will be charged the full Lesson Fee.
6.6 Payment processing services on Next Steps Tutors’ Platform are provided by Stripe Payments Europe Ltd trading as Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom (together, the “Stripe Terms”).
6.7 Tutor invoices are settled monthly on the last day of the month by Next Steps Tutors. By agreeing to these terms and conditions or continuing to operate as a Tutor with Next Steps Tutors, the Tutor agrees to be bound by Next Steps Tutors Terms and the Tutor agrees to provide Next Steps Tutors with accurate and complete information about themselves and, where relevant, their business, and each Tutor authorises Next Steps Tutors to share with the Platform such information and transaction information related to the Tutor’s use of the payment processing services provided by the Platform.
6.8 Next Steps Tutors normally transfers a Tutor’s Tutor Fee from the Platform connected account to the Tutor’s nominated account on the last day of each month, provided the relevant bank account details have been provided in the Platform.
7. Cancellations
7.1 A Student may cancel a Booking at any point before the scheduled start time of a Lesson. Some lessons may still be charged.
7.2 A Student may cancel a Lesson by cancelling the relevant Booking on the Platform or through direct contact with the Tutor, such as by WhatsApp.
7.3 Cancellations made 72 hours or more before a Lesson is due to commence will incur no charge unless it is part of a group lesson.
7.3 Bookings cancelled by a Student less than 72 hours before a Lesson is due to commence may incur a charge. Next Steps Tutors leaves it to the Tutor’s discretion whether to accept the cancellation request and not charge any Lesson Fee. Unless instructed otherwise by the Tutor, Next Steps Tutors will, as the Tutor’s agent, automatically instruct Stripe to charge the Lesson Fee and payment will be processed in accordance with these terms and conditions and the Tutor will continue to be paid the agreed Tutor Fee.
7.4 Tutors may cancel a Booking at any time prior to a Lesson taking place. To do so, Tutors must inform the Student directly via the Platform or via a Next Steps Tutors’ WhatsApp group chat and cancel the Booking on the Platform. In the event of a Tutor cancelling a Booking, the Student will not be charged any Lesson Fee or, if the Student has paid the Lesson Fee, will receive a full refund.
7.5 Bookings cannot be cancelled after the Lesson has started.
7.6 Group classes cannot be cancelled. Students who miss a lesson will be charged as if they had attended.
8. Missed Lessons and Complaints
8.1 As defined at the end of these terms and conditions, a “Complaint” covers any cause for the Student to seek a refund as a result of the service provided by the Tutor, including, but not limited to, a Missed Lesson (where the Tutor did not attend a Lesson booked on the Platform) or a claim about quality (where the Student feels that the service provided by a Tutor falls below the standards they reasonably expected).
8.2 A Student should inform Next Steps Tutors of a Complaint by either phone or email within 72 hours after the scheduled finish time of the relevant Lesson.
8.3 When a complaint has been received from a Student, Next Steps Tutors will contact the Tutor within 72 hours of the complaint being received, by email and text message to inform the Tutor that a complaint has been raised.
8.4 Should a Student inform Next Steps Tutors of a complaint within 72 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform Next Steps Tutors of their desire to dispute the complaint (and reject the associated refund request). Should the Tutor not dispute the complaint within 48 hours of being notified of the complaint, Next Steps Tutors, as the agent of the Tutor, will process a full refund to the Student. Next Steps Tutors will promptly inform the Student of the Tutor’s decision whether or not to uphold their complaint by email and, if upheld, authorise the associated refund.
8.5 Should a Student inform Next Steps Tutors of a complaint more than 72 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform Next Steps Tutors by email or phone of their desire to uphold the complaint (and authorise Next Steps Tutors on the Tutor’s behalf to award the associated refund of the Tutor Fee). Should Tutors not contact Next Steps Tutors within 48 hours to uphold the complaint, Next Steps Tutors, as the agent of the Tutor, will inform the Student by email of the Tutor’s decision to reject their complaint and reject the associated refund request.
8.6 Should the Student and Tutor not reach an amicable agreement regarding a complaint, the Student is entitled to make a claim against the Tutor in relation to the complaint. As set out in clause 8.7, Next Steps Tutors accepts no liability in relation to complaints and the services provided by a Tutor.
8.7 Should Next Steps Tutors find that a Missed Lesson occurred due to any failure of Next Steps Tutors to meet the terms set out in clause 2 of these terms and conditions, Next Steps Tutors will refund the Student any Fee paid.
8.8 Next Steps Tutors reserves the right to offer any Student, as a gesture of goodwill, payment of a sum equivalent to the full Lesson Fee. Such a payment will be awarded solely at Next Steps Tutors’ discretion.
9. Failed Payments
9.1 As defined in clause 16.5, ‘Failed Payment’ means an outstanding Lesson Fee for a Booking, for which Stripe, as instructed by Next Steps Tutors, has been unable to make a successful charge against the payment details provided by the Student.
9.2 In the case of a Failed Payment still being outstanding 48 and 72 hours after the scheduled end of the relevant Lesson, the Student authorises Next Steps Tutors to automatically instruct Stripe to retry the charge.
9.3 The Student can also give Next Steps Tutors consent by phone, email, SMS or support messages to instruct Stripe to retry payments for any outstanding Failed Payment.
9.4 As the agent of the Tutor, Next Steps Tutors reserves the right to protect the Tutor from further loss of earnings by cancelling Lessons and their associated Bookings at any point with a Student who has an outstanding Failed Payment (including for a Student who has an outstanding Failed Payment for a Booking with another Tutor)
9.5 In the case of a Failed Payment still being outstanding 96 hours after the scheduled end of the relevant Lesson, Next Steps Tutors retain the right to cancel all of the Student’s further Bookings and inform the Tutor that Next Steps Tutors has been unable to collect payment on their behalf. The Tutor must not make any further Bookings for Lessons with the Student until the Failed Payment has been settled by Stripe making a successful charge for the full Lesson Fee.
9.6 As the agent of the Tutor, Next Steps Tutors may continue to seek payment to cover Failed Payments from the Student for ninety days following the scheduled end of the relevant Lesson, by contacting the Student by email, SMS and/or phone.
9.7 The Student accepts that Next Steps Tutors reserves the right to pass bad debts for Lesson Fees to third party debt collection services, and acknowledge that their credit rating may be affected.
9.8 Next Steps Tutors will not be liable to the Tutor for any lost earnings resulting from any Failed Payment.
9.9 Next Steps Tutors without obligation, reserves the right to pay the Tutor, as a gesture of goodwill, an amount equal to the Tutor Fee for any Lessons for which there has been a Failed Payment. This right is entirely at the discretion of Next Steps Tutors.
10. Child Protection
10.1 Next Steps Tutors seeks to provide the best service possible and provide a safe experience in which children can learn.
10.2 Any User who is the parent of a child under the age of 18 who has a Lesson with a Tutor should not leave the child in the sole care of that Tutor.
10.3 All Tutors must comply with the The Tutors’ Association Child Protection Policy, whether or not they are a member of The Tutors’ Association, and all relevant legislation and government guidance. The Policy can be found at this link: https://img1.wsimg.com/blobby/go/1a668a6b-1c3c-4fdd-ad54-243a369a420a/downloads/1cksgq6k5_30316.pdf
10.4 If any User has a concern regarding child protection, they should contact Next Steps Tutors immediately.
10.5 If at any time Next Steps Tutors becomes aware of a Tutor’s unsuitability for employment, Next Steps Tutors endeavours to make the Tutor’s Students aware at the earliest opportunity.
10.6 Next Steps Tutors’ designated Child Protection Officer is Michael Watson.
11. Disclaimers and Limitation of Liability
11.1 Nothing in these terms and conditions in any way limits or excludes Next Steps Tutors’ liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.
11.2 All Users must give Next Steps Tutors a reasonable opportunity to remedy any matter for which Next Steps Tutors is potentially liable before incurring any costs remedying the matter themselves.
11.3 Next Steps Tutors shall not be liable for any loss or damage caused by it or its employees or agents in circumstances where:
- there is no breach of a legal duty of care owed by Next Steps Tutors or by any of its employees or agents;
- such loss or damage was not reasonably foreseeable by both parties; or
- such loss or damage is caused by the User, for example by not complying with these terms and conditions.
11.4 To the extent permitted at law, the User will be liable for any reasonably foreseeable loss or damage Next Steps Tutors suffers arising from the User’s breach of these terms and conditions or misuse of the Platform (subject of course to Next Steps Tutors’ obligation to mitigate any losses).
11.5 The following clauses apply only if the User is not a consumer:
- To the extent allowed by law, the User and Next Steps Tutors exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions. In this clause, any reference to Next Steps Tutors includes its employees and agents.
- Next Steps Tutors liability of any kind (including in respect of its own negligence) with respect to the Website or Platform for any one event or series of related events is limited to £100
- In no event (including Next Steps Tutors’ negligence) will Next Steps Tutors be liable for any:
- economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data (even if Next Steps Tutors has been advised of the possibility of such losses).
- the User will indemnify Next Steps Tutors against all claims and liabilities directly or indirectly related to the User’s use of the Website and use of the Platform and/or breach of these terms and conditions.
- These terms and conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any previous communications or agreements. The parties both acknowledge that there have been no misrepresentations and that neither has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these terms and conditions is excluded.
- Classes – Student responsibility
12.1 Students must be at least 18 years old to book a class for themselves. Students under the age of 18 must be represented by a parent or legal guardian who gives consent for them to enrol in a class delivered by Next Steps Tutors. Next Steps Tutors is not responsible for any dispute between a person under the age of 18 and a parent or guardian.
12.2 Cancellations: Students may cancel any class, without incurring any charge, by giving more than 72 hours’ notice.
12.3 When a Booking is confirmed, the Student enters into a direct contract with the Tutor for the provision of the class and Next Steps Tutors accepts no liability in relation to the Tutor’s provision of sessions.
12.4 If a student is unable to attend one or more of the sessions, no partial refunds will be given for sessions not attended.
12.5 Students are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online class. No refunds will be made in the event that Students are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of Next Steps Tutors failing to provide the services outlined in clause 2.2 of these terms and conditions.
12.6 Refunds may be subject to Next Steps Tutors’ discretion.
12.7 Students acknowledge that all classes and therefore class sessions participated in may be recorded and agree to the storage and use of such recordings by Next Steps Tutors.
- Classes – Tutor responsibility
13.1 Tutors agree that Next Steps Tutors reserves the right to cancel a class ahead of commencement, by giving the Tutor 24 hours’ notice.
13.2 Tutors are responsible for ensuring that they have the correct equipment to be able to access their own Online Classroom prior to an Online class.
13.3 If a Tutor is unable to attend one or more of the sessions scheduled, they should give Next Steps Tutors 24 hours’ notice ahead of the session.
13.4 Tutors agree that Next Steps Tutors reserves the right to withhold payment for classes which are not completed.
13.5 Tutors agree to adhere to the submitted schedule of learning, as approved by Next Steps Tutors.
13.7 Tutors acknowledge that all classes and therefore class sessions participated in may be recorded and agree to the storage and use of such recordings by Next Steps Tutors.
14. Intellectual Property
14.1 When submitting material to Next Steps Tutors, Students and Tutors also grant to Next Steps Tutors a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material.
14.2 You are responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display or email or otherwise use via the website or the Service.
14.3 You agree to not use the service to email or upload any content that:
- infringes any copyright, intellectual property or other proprietary rights of any party
- you do not have a right to upload under any law or under contractual or fiduciary relationships
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- poses or creates a privacy or security risk to any person
- constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation
- is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable
- in the sole judgment of Next Steps Tutors, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Next Steps Tutors or its users to any harm or liability of any type
14.4 Next Steps Tutors reserves the right to investigate and take appropriate legal action against anyone who, in Next Steps Tutors’ sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
14.5 You agree to grant Next Steps Tutors permission to use any images you have independently created and uploaded on our site for any use, including marketing or promotional purposes, without restriction, prior notice or compensating you in any way.
15. Changes to these terms and conditions
15.1 Next Steps Tutors may change these terms and conditions by posting the revised version on the Website at least 14 days before they become effective. Please check the Website from time to time. Users will be bound by the revised terms and conditions if they continue to use the Website or the services following the effective date shown.
16. Governing Law & Jurisdiction
16.1 These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of England.
16.2 If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.
17. Definitions
17.1 “Booking” means the booking attached to an individual Lesson on the Platform.
17.2 “Complaint” means a claim by a Student that either the service provided by a Tutor falls below the standards the Student expected of a tutor introduced by Next Steps Tutors, or, that there was a Missed Lesson.
17.3 “Content” means all information of whatever kind (including information, service provider listings, profiles, Reviews), published, stored or sent on or in connection with the Website or the Platform.
17.4 “Background Checked Status” means a Tutor displaying the ‘I have a background check’ badge on their profile page on the Platform. Background checks must have been awarded within 2 years of the date on which a Tutor creates an account on the Platform, and within 3 years at any point in time thereafter. Within these time frames, background checks will be accepted if they are an enhanced check provided by the Disclosure and Barring Service, Disclosure Scotland or Access Northern Ireland. Next Steps Tutors cannot verify any claim made by Tutors within their profile or in any of other communication which relates to them having a valid background check other than through the awarding of the “Background Checked Status”.
17.5 “Failed Payment” means an outstanding Lesson Fee for a Booking, for which Stripe, as instructed by Next Steps Tutors, has been unable to make a successful charge against the payment details provided by the Student.
17.6 “Lesson” means, unless otherwise specified, a one-to-one tuition lesson between a Student and a Tutor, including both in-person and online sessions.
17.7 “Lesson Fee” means the fee charged by Next Steps Tutors.
17.8 “Missed Lesson” means a claim by a Student that they have not received a Lesson with a Booking on the Platform.
17.9 “Online Classroom” means the Tutor’s own online lesson space which is made available to Users at the time of booked Online Lessons.
17.10 “Online Lesson” means a one-to-one tuition lesson between a Student and a Tutor delivered through the Tutor’s own Online Classroom.
17.12 “Review” means any review, comment or rating.
17.13 “Stripe Terms” means the terms set out by Stripe Payments Europe, Ltd trading as Stripe, as set out within the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom.
17.14 “Student” means a User who has registered a student account on the Platform. The Student must be at least 18 years old. Where the learner is under 18 years old, the Student will be their parent or guardian.
17.15 “Student Restriction Period” means, as defined in clause 4.9, being at the time of booking any Tutor, during any period of confirmed Bookings with any Tutor or at any time within six months of the date of the most recent Booking with the relevant Tutor.
17.16 “Tutor” means a User who has registered a tutor account on the Platform.
17.18 “Tutor Restriction Period” means, as defined in clause 5.13, being at the time of booking any Lesson with any Student, during any period of confirmed Bookings with any Student or at any time within six months of the date of the most recent Booking with the relevant Student.
17.19 “Next Steps Tutors” means the company Next Steps Tutors LLP (company no. OC437907) trading as Next Steps Tutors with its registered office address at 2 Cleveland Park, Bideford, Devon, EX39 3QH.
17.20 “User” means a person who uses our Website or Platform (whether or not they have registered an account with us).
17.21 “Website” means the website on the domain https://nextstepstutors.com
17.22 “Platform” means the Next Steps Tutors licensed platform through Tutorcruncher.
17.23 “Tutor Fees” means money payable to tutors for work undertaken at agreed amounts.
17.24 “Credit Request” means money requested from clients prior to engaging in Lessons.
17.25 “Tutor Payout” means payouts made to tutors on receipt of an invoice for Tutor Fees.
17.26 “Google Classroom” means any Google classroom set up and operated by Next Steps Tutors and part of Next Steps Tutors domain.
17.27 “Continued Professional Development” means courses to improve or develop a Tutor’s knowledge in a given subject area or tutoring technique.