Tutor Agreement

1. Independent Contractor Status

You acknowledge and agree that you are engaged by StudyGuru as a self-employed independent contractor, not as an employee, worker, agent, or partner.

What This Means:

• No Employment Relationship: This Agreement does not create an employment or worker relationship between you and StudyGuru. You are not entitled to employment benefits such as holiday pay, sick pay, pension contributions, or any other employment rights.
• Control Over Work: You have the right to determine when you work, which students you accept, and how you deliver your tutoring services (within our platform guidelines and safeguarding requirements).
• No Guaranteed Work: StudyGuru does not guarantee any minimum number of students, lessons, or income. Demand for your services depends on student needs and your profile competitiveness.
• Freedom to Work Elsewhere: You are free to provide tutoring services on other platforms or independently, provided you comply with our non-circumvention clause for students introduced through StudyGuru.
• No Agency: You may not enter into contracts, make commitments, or represent yourself as an agent or official representative of StudyGuru.

2. Tax and National Insurance Responsibilities

As an independent contractor, you acknowledge and agree that:

• Income Tax: You are responsible for declaring all earnings from StudyGuru to HMRC and paying any applicable income tax through Self Assessment.
• National Insurance: You are responsible for paying your own National Insurance contributions (Class 2 and Class 4 if applicable).
• No Tax Deductions: StudyGuru will not withhold any amounts for income tax or National Insurance from your earnings. You will receive your tutor share gross.
• VAT: If you are VAT-registered or become VAT-registered, it is your responsibility to account for VAT appropriately. Private tutoring by an individual may be VAT-exempt under certain conditions—please consult a tax advisor for your specific situation.
• Record Keeping: You are responsible for maintaining accurate financial records of your tutoring income for at least 6 years as required by HMRC.

We provide annual earnings summaries through your dashboard to assist with your tax returns, but this does not constitute tax advice.

3. Fees, Commission, and Payment

Pricing Structure:

• Lesson Fees are set according to your assigned pricing band based on your qualifications and experience.
• StudyGuru retains a 30% service fee from each lesson to cover platform infrastructure, payment processing, customer support, and safeguarding measures.
• You receive 70% of the Lesson Fee for each completed session.

Payment Processing:

• Payments are processed via Stripe. You must complete Stripe's onboarding and verification requirements to receive payouts.
• Parent payment is authorised 24 hours before the scheduled lesson.
• Payment is captured (charged) 24 hours after the lesson ends, allowing time for any disputes.
• Payouts to your bank account are processed by Stripe, typically within 2 business days after capture. New accounts may experience longer initial payout times while Stripe establishes trust.

Payment Issues:

• If a parent's payment fails or is reversed (chargeback), we may withhold or deduct the corresponding amount from your future payouts.
• If a lesson is disputed and refunded to the parent, you will not receive payment for that lesson.
• StudyGuru is not liable for payment delays caused by Stripe or your bank.

DBS Check Cost Recovery:

The cost of your Enhanced DBS check with Digital ID verification (currently £69.80) is paid by StudyGuru on your behalf and recovered gradually from your session earnings:

• Recovery Rate: Until the DBS cost is fully repaid, you will receive 40% of each lesson fee (instead of the standard 70%). StudyGuru retains 60% during this period.
• Typical Recovery: Based on standard pricing, the DBS cost is typically recovered within approximately 10 paid sessions.
• Free Trial Sessions: No deductions are taken from free trial sessions (£0 value sessions).
• Full Rate Restored: Once the DBS cost is fully recovered, you automatically return to the standard 70% tutor share.

4. Your Obligations

By using the Platform as a Tutor, you agree to:

Verification Requirements:

• Maintain a valid Enhanced DBS certificate (issued within the last year) and renew it as required.
• Provide accurate identity documents.
• Inform us immediately if your DBS status changes or if you receive any convictions or cautions.
• Complete our demo tutoring assessment before becoming visible to students.

Service Delivery:

• Deliver tutoring services with reasonable skill, care, and professionalism.
• Arrive on time for scheduled lessons with working equipment (camera, microphone, stable internet connection).
• Keep your camera and microphone on throughout the entire session. Tutors must be visible and audible at all times during lessons.
• Respond promptly to booking requests and messages from students/parents.
• Provide accurate information about your qualifications and experience.

Platform Rules:

• Use the Platform's messaging system for all communications with students and parents.
• Conduct all lessons with Platform-introduced students through StudyGuru.
• Do not solicit or accept payments outside the Platform for Platform-introduced students (see Non-Circumvention clause).
• Follow our Safeguarding Policy at all times.

5. Non-Circumvention

You agree that:

• You will not arrange or provide tutoring sessions outside of the Platform with any student or parent introduced through StudyGuru, for a period of 6 months after your last lesson with them through the Platform.
• You will not solicit students to move off-platform or accept direct payments from Platform-introduced clients.
• You will not exchange personal contact details with students/parents for the purpose of off-platform arrangements.
• You will not refer Platform students to other tutoring services or platforms.

We reserve the right to pursue compensation for lost revenue if you breach this clause.

6. Confidentiality and Data Protection

You agree to:

• Keep all student and parent information confidential and use it only for the purpose of providing tutoring services.
• Not store student personal data outside of the Platform unless necessary for tutoring purposes, and delete any such data when no longer needed.
• Not share student information with any third party without explicit consent.
• Comply with all applicable data protection laws, including UK GDPR.

All sessions are recorded, including audio, video, whiteboard content, and chat messages, for safeguarding purposes. By using the Platform, you consent to this recording. Session notes you write are shared with students and parents, while full recordings may be reviewed by StudyGuru staff if there is a complaint or safeguarding concern, as outlined in our Privacy Policy.

7. Indemnity

You agree to indemnify and hold StudyGuru harmless from any claims, liabilities, damages, costs, or expenses (including legal fees) arising from:

• Your breach of this Agreement or our Terms of Service.
• Any negligent or intentional wrongdoing by you.
• Any claim by a student or parent arising from your conduct or the quality of your tutoring services.
• Any claim that you should be classified as an employee or worker of StudyGuru (you agree to cover any resulting tax, National Insurance, or employment liability).
• Any infringement of intellectual property rights in materials you upload or share.

These indemnity obligations survive termination of this Agreement.

8. Termination

Termination by You:

You may stop using the Platform at any time by notifying us. You should complete any booked lessons or cancel them appropriately before leaving.

Termination by StudyGuru:

We may suspend or terminate your account if you:

• Breach this Agreement or our Terms of Service
• Fail or refuse to complete DBS checks
• Receive safeguarding concerns or complaints
• Engage in misconduct, fraud, or illegal activity
• Violate the non-circumvention clause
• Provide false information about your qualifications
• Use inappropriate or offensive language on the Platform
• Fail to meet professional conduct standards
• Miss scheduled sessions without adequate notice or valid reason
• Demonstrate a pattern of poor attendance, late arrivals, or unreliability
• Repeatedly cancel sessions at short notice

StudyGuru reserves the right to terminate any account at its sole discretion without prior notice. We are under no obligation to provide warnings, suspensions, or second chances before termination.

After Termination:

• Your profile will be removed from the Platform
• Outstanding payments for completed lessons will be processed normally
• Confidentiality, data protection, and indemnity obligations continue
• The non-circumvention restriction continues for 6 months after your last lesson

9. Limitation of Liability

To the fullest extent permitted by law:

• StudyGuru is not liable for any loss of earnings, business opportunities, or indirect/consequential damages arising from your use of the Platform.
• We are not responsible for technical issues, platform outages, or third-party service failures (including payment processing delays) beyond our reasonable control.
• Our total liability to you for any claims arising from this Agreement shall not exceed the total fees you have earned through the Platform in the 3 months preceding the claim.

Nothing in this Agreement excludes liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.

10. Changes to This Agreement

We may update this Agreement from time to time, including changes to:

• Commission rates and payment terms
• Platform features and functionality
• Verification requirements
• Policies and procedures

We will notify you of material changes via email or through the Platform. Continued use of the Platform after changes take effect constitutes acceptance of the updated terms. If you do not agree to changes, you may terminate your account.

11. Governing Law

This Agreement is governed by the laws of England and Wales. Any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.