Acemyexam – Tutor Terms and Conditions

These terms were updated on the 17th January 2025

1. About Us and Our Agreement

We are Acemyexam, whose Trading address is at 109 Rampton road, Cottenham, Cambridge, CB24 8TJ, UK. Main E-mail address is contact@acemyexam.co.uk
These Tutor Terms supersede anything else and always apply unless we’ve agreed something else with you in writing. Together with the policies referred to in them the Key Information Document and our Tutor Assignment(s), they form our Agreement with you, the Tutor providing tuition services.
You are the Tutor, operating as a business, whose details appear in the Key Information Document and in each accepted Tutor Assignment. These documents, together with our Tutor Terms, forms our Agreement with you.
Contact: We will each use the contact details provided in the Key Information Document.
We operate as an Employment Business according to mandatory regulations and legislation (Legislation) which applies to our business, including The Conduct of Employment Agencies and Employment Businesses Regulations 2003, as amended.

You must read our Working Together Policy which forms part of these, our Tutor Terms. This policy explains what information we collect and provide and explains how we, as a business, work to comply with our legal obligations.
If you have any queries whatsoever relating to us, this agreement or any aspect of our business, including how we operate please email contact@acemyexam.co.uk.

2. How It Works

We organise for Tutors operating as independent businesses, to ultimately provide tuition to Clients, based on the Client’s requirements and information we collect (see our Working Together Policy). A Client is a person or organisation who requires tuition services either for themselves or for someone they are responsible for. As an Employment Business we arrange Tutors and provide a support service.

When a Client wants a Tutor to provide tuition services, the approved Tutor matching the Client’s requirements is offered a Tutor Assignment. The Tutor then decides whether or not they wish to accept that Tutor Assignment. The Client pays fees which include our Tutor Agency fees (for arranging tuition) and the Tutor’s fees (for providing tuition). Please also see section 2(2).
We operate using the Tutor Cruncher platform which provides a mechanism for Tutors to schedule sessions and Clients to access them online, using the integrated Zoom platform.
No mutuality of obligation – We are not obliged to offer, and you are not obliged to accept, any Tutor Assignment. For the avoidance of doubt, we both agree and intend that we do not create any mutuality of obligation at any time.

As an Employment Business we provide both you and the Client with the relevant information. We help organise tuition sessions and assist you both you with sharing additional information, such as progress reports and rescheduling (see our Rescheduling and Attendance Policy)

As an Employment Business we will deal with collection of payments of fees from Clients and we will pay you directly -please see section 3(1) for details of this.

Providing Training Online Sessions – You will be provided with an account on Tutor Cruncher. This will enable you to schedule sessions

Other than us providing you with a Tutor Cruncher account you are responsible for all and any costs relating to attendance at tutoring sessions.

You confirm that you are a Tutor operating as an independent properly registered business within the United Kingdom and as such are responsible for any registration, completion of any forms and documentation and the payment of any tax, national insurance contributions and any similar Government or properly imposed taxes or liabilities for you or anyone who works for or with you (your representative), which may be payable as a result of any Fees or payments made to you under any Tutor Assignment. You agree to provide, as applicable, evidence of limited company incorporation or of trading as a business to us as we require and may request to meet our own obligations as a business.

You understand that as an independent business, neither you, nor any representative, will be our worker/employee and will not be held out such, and will never be entitled to any rights or benefits whatsoever that workers/employees may have and that at all times you will keep us fully indemnified against all actions, claims, demands, assessments, liability, costs and expenses arising in respect of any allegation of your employment or, as applicable, those whom you employ or provide services to you.
If you accept a Tutor Assignment (whether by signing or starting to provide the services), as an Employment Business, a contract for the tuition services detailed in that Tutor Assignment will be formed between us, subject to these Terms. You understand that there is no contract or agreement between us when you are not providing your services under an accepted Tutor Assignment.
Neither these Terms nor any Tutor Assignment form a contract between us and any individual person (whether or not they are your representative) and any obligations and liabilities as an employer will always be yours.

3. Invoices/Payments

Unless we agree something different in writing, as an Employment Business:

Payment for services you provide under an accepted Tutor Assignment will be paid in arrears for the Fees agreed within the relevant individual Tutor Assignment.
You will send your invoice before or on the last working day of each calendar month for tuition services you have provided under a Tutor Assignment. A Working Day means any Monday to Friday inclusive, from 9am to 6pm and Saturday 12pm to 4pm, but excluding all public holidays in England, unless we agree otherwise. If you are providing services for less than one month, you must provide the invoice on the last working day you provide tuition.
To receive payment from us, the invoice must detail dates, lesson times and prices.

Include any claim for expenses agreed on a Tutor Assignment. Expenses must be Included on an invoice within 30 days of the expense being incurred and for any expenses other than an agreed mileage rate incurred for travelling, be accompanied by a valid receipt.

Where we disagree with the amount due to you in respect of a submitted completed lesson, we will raise queries directly with you within 7 days of the receipt of that invoice. In so far as the Legislation allows, we reserve the right to withhold payment of any amount in dispute until that dispute has been resolved to our satisfaction.
We will usually pay each accepted invoice within 14 days of the date of the invoice by Bank Transfer. In accordance with the Legislation you will be paid for tuition services you have provided, irrespective of whether the Client has paid us.

4. Your Responsibilities

You agree to provide tuition services in a professional and proper manner with reasonable care and skill. You confirm that you:

Hold the relevant qualifications and expertise to provide the Tuition services and that you

will provide us with a current and valid Enhanced Disclosure and Barring Services, and, where relevant, an Overseas Record Certificate (relating to any periods where you have worked outside the UK) and all the additional the information required in section 2 and 3 of our Working Together Policy or as required by Legislation and
will hold a current and valid Enhanced Disclosure and Barring Services at any time you are providing tuition services under a Tutor assignment and

Will not accept a Tutor Assignment if you cannot provide the services it requires and
Will abide by any legislation, regulations and best practice which apply to tuition services you provide. In particular, you agree to adhere to the professional Code of Ethics as outlined by The Tutors’ Association to ensure that safeguarding is of paramount importance and
Will not engage in any conduct which may be detrimental to our interests or that of any Client.

Unless otherwise agreed in writing, you must provide any equipment required to perform the services at your own expense and maintain it accordingly.
You agree to co-operate with any reasonable request made within the scope of tuition but you decide how best tuition is provided and will have autonomy over your teaching. We will not attempt to exercise direction, control or supervision over you.
You agree to

make initial contact with a Client within 24 hours of accepting a Tutor Assignment.
keep us informed about when tuition sessions take place and other relevant details by the Tutor Cruncher platform and completing all the relevant details required.
You agree to adhere to our Rescheduling and Attendance Policy.
To adhere to the Tutor Responsibilities in Section 3 of the Client Terms – Tutor Responsibilities

You will keep reasonable, proper and sufficiently detailed records relating to the tuition services and will promptly and reasonably provide them to both us and any relevant Client.
As an independent business you agree to keep us indemnified and hold us harmless against all actions, claims, demands, settlements, liability costs and expenses arising out of or in connection with any breach of our agreement or any Tutor Assignment by you.
Once you accept a Tutor Assignment, in consideration of us paying you the Fees, you will provide the services detailed in each accepted Tutor Assignment. As an independent business you can provide a substitute tutor but should consider your student’s requirements.

You agree that you will always be solely liable for any services you provide (including, but not limited to, services provided by your representative or substitute) and will fully indemnify us – see section 4(6).
You understand HMRC off-payroll working rules (IR35) including the HMRC guidance, Income Tax (Earnings and Pensions) Act 2003, and the Social Security Contributions (Intermediaries) Regulations 2000, and agree, where applicable, you will work with us to comply with the law.

You understand that we have contracts with Clients to whom you may be providing services, and we assist you with any contractual dealings, such as rescheduling sessions.
Complaints

You agree to always co-operate with us to deal with any complaints and will provide information and documents to us as and when reasonably required.
Where any incident occurs which, you reasonably anticipate is likely to be the subject of a complaint or any Client raises any complaint directly with you, then you agree to email us at with full details within 1 working day of you becoming aware of the issue/complaint.
We will deal with all and any complaints in a reasonable and fair way. Our decision will be a final decision. We advise you of any complaints which affect you no later than 7 days from the date we become aware of that complaint.

Confidentiality and Data Protection – Unless required to by law you agree to keep all information relating to any Client and/or Tutor Assignment confidential and only use it to provide tuition services to that relevant Client.

You will at all times comply with the Data Protection law which is current and valid in the UK at the time you provide your services. This includes but is not limited to your obligations regarding any individual who assists and represents you to provide your services, use, sharing, storage, assessment, audit and monitoring, data breaches, data protection, removal and return of data.

Unless we agree otherwise on a Tutor Assignment, during the term of each and every Tutor Assignment, you will, at your own expense, maintain current and valid Indemnity Insurance, Public Liability Insurance and any other such insurances, including those as required by any applicable law and as appropriate in respect of your obligations under any Tutor Assignment, with an insurance company of repute. Such insurances will include, but not be limited to, loss or damage as a result of the services, loss or damage to person, property, equipment or plant and materials and third party liability. The indemnity limit for each and every claim shall be not less than one million pounds and you agree to provide us with evidence of such insurance if we reasonably request it.

5. Rescheduling and Attendance

As a Tutor you agree to our Rescheduling and Attendance Policy on the basis that it makes it easier for you, the Client and for us to all be clear about rescheduling and attendance.

6. Ending Our Agreement or A Tutor Assignment

Without prejudice to any other rights,

You can end our agreement by giving us two weeks written notice.
We can end a Tutor Assignment by giving you 14 days written notice.
We both agree to work together to ensure a smooth transition to any Tutor Assignment.

7. Generally

Any rights in this agreement are for your sole benefit and can’t be shared or transferred in any way.
No partnership – You agree that nothing in our Agreement will be deemed to create any partnership, joint venture or other agency relationship between us. Neither of us will
Notices: Notices must be sent to the email and/or postal addresses provided in the Tuition Assignment unless we write to with a change, or you email us to contact@acemyexam.co.uk. Notices are deemed to be received when sent by :-

Email – on the Working Day any Monday To Friday from 9am to 5pm GMT but excluding any public holiday in England) on which they were sent, provided the sender has a valid successful delivery receipt.
Post -using any tracked service – on the date that the relevant postal service obtains a record of receipt from or on behalf of the addressee.

Force Majeure – Neither of us will be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control including, but not limited to, acts of God, pandemic, accidents, war, fire, strikes, communications failure (including telecommunications or computer), breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and are entitled to a reasonable extension of our obligations.
Waiver: Nothing in our Agreement will stop us from enforcing any of our rights in the future.
Invalidity: Each section (clause) or any part at all of our Agreement is to be regarded as independent of the others. This means that if any clause or any part at all of our Agreement is found to be unenforceable or invalid, it will be treated as being cut out (severed) and will not affect the enforceability or validity of the rest of our Agreement.
Governing Law: Our Agreement will be interpreted, construed and enforced in accordance with English law and will be subject to the exclusive power (jurisdiction) of the English Courts.

contact@acemyexam.co.uk