1. About Music Tutors and Definitions
1.1. Music Tutors is a web platform that connects students of any age, any ability and any instrument with high-quality, professional and vetted music tutors.
1.2. Music Tutors is owned and operated by More Music UK Ltd, a limited liability company registered in England under the company number 10946567. The registered address is 1st Floor, 1 East Poultry Avenue, London, United Kingdom, EC1A 9PT.
1.3. These terms and conditions supercede any previous versions and come into effect from 24th June 2019.
1.4 By using the web platform you agree to be bound by these terms and conditions. It is our recommendation that you print a copy for your records.
1.5 “Web Platform” refers to https://musictutors.co.uk.
1.6 “Student” is a person using the Web platform to search and undertake music tuition either for themselves or for children for whom they are the parent or legal guardian.
1.7 “Tutor“ is a professional, self employed music tutor offering the services of music tuition and using marketing, communication, booking and fee collection services, provided by the Web Platform.
1.8 The “Community” collectively refers to Tutors, Students and Music Tutors Staff
1.9 The “Price” refers to the combined total of the Tutor fee and the platform fee.
1.10 The “Tutor fee” refers to the amount of the price paid to the Tutor.
1.11 The “Platform Fee” is the amount deducted from the “price” in exchange for the services of marketing, communication, lesson booking and fee collection, provided by the web platform.
1.12 The “Prepared Invoice” is the web platform’s function that collates information on Tutor fees, platform fees and the amount payable to Tutors.
1.13 The “Application Conversation” is a conversation between the web platform and the Tutor to ascertain whether the Tutor has the right credentials, experience, quality and professionalism to be accepted onto the Web Platform
1.14 A “Lesson Block” is a bulk purchase of 5,10,15 or 20 lessons. When a Student purchases a Lesson Block, the Tutor can create lessons which are confirmed automatically.
1.15 A “Confirmed Lesson” is a lesson which has been paid for and confirmed by the Student.
1.16 Fixed Term Plan Is a block of 12 lessons or more paid for in advance at a discounted rate by the Student. In exchange for the discount, the Student waives the right to edit, alter, change or cancel the lesson. In exchange for the restrictive terms associated with the Fixed Term Plan for the Student, the Tutor agrees to reduce the Price
2. How Music Tutors Operates. We:
2.1. Provide marketing, communication, booking and fee collection services for professional, self-employed music Tutors.
2.2 Provide a web platform where students can easily connect with a Tutor, arrange and pay for music lessons.
2.3.Take all reasonable steps to maintain the Web Platform and offer a consistent service.
2.4. Vet our Tutors and ensure every Tutor has a valid enhanced DBS certificate in place before publishing on the platform. We ensure all Tutors agree to abide by our safeguarding and child protection policy, our code of conduct and our lone working policy. All our Tutors must read and understand the document Keeping Children Safe in Education.
2.5. Interview our Tutors at application stage to ensure they meet our stringent criteria of quality and professionalism. We work with the Tutor to make sure the text and images displayed on their profiles is accurate and clear.
2.6. Act as a barrier between the personal and professional for our Tutors (as good safeguarding practice dictates). We maintain a notification system to ensure swift communication between Tutor and Student is possible. From time to time we may monitor messages to ensure our standards of quality and professionalism are being maintained.
2.7. Display clear and accurate fee information to both Tutor and Student and settle all Tutor payments within the parameters of time as described in these terms.
2.8. Investigate all complaints (including refunds) in line with our complaints policy, which is available on request.
3. Our community Standards. Everyone who uses MusicTutors agrees to:
3.1. Take responsibility for the safety and security of themselves and their children in contexts connected to Music Tutors. Including but not limited to using the internet safely. In the event that a password / log in details are no longer private, please contact Music Tutors immediately. If Music Tutors are not contacted, we are not responsible for actions committed in your account
3.2. Ensure messages and content posted on the web platform are legal and in no way abusive, offensive or illegal. Where a message or piece of content is a cause for concern, you agree to report it to Music Tutors.
3.3. Take reasonable steps and to exercise common sense when assessing the accuracy and legitimacy of information. Music Tutors takes all reasonable steps to ascertain accuracy of information but this is not guaranteed.
3.4. In case an aspect of these terms and conditions are not followed, Music Tutors has the right to immediately and irrevocably ban anyone in the community from the Web Platform. Music Tutors decision is final.
4.Tutor Responsibilities. All Tutors agree to:
4.1. Offer high-quality, professional lessons to Students. Lessons can take place in the Students home, the Tutor’s home or in another suitable and agreeable location.
4.2.Upon acceptance of these terms and conditions enter an agreement with Music Tutors for an indefinite term.
4.3.Instruct Music Tutors to act as the Tutor’s agent, within the parameters set out in these terms.
4.4 Either party terminating the arrangement at any time. Music Tutors will be entitled to set the Tutor’s profile off-line, or to terminate the arrangement effective immediately, without any warning, notice of default or judicial intervention being required, and without being required to compensate any loss or damage whatsoever, in the event that the Tutor violated in any manner the obligations stipulated in these terms and conditions, or the working relationship between the Tutor and Music Tutors has been, in the opinion of Music Tutors, irrevocably damaged. Music Tutors decision is final.
4.5 Recognise that they are not employees of Music Tutors. Music Tutors is in no way responsible or liable for the actions or conduct of Tutors. All Tutors are self-employed, choosing their rate of pay and choosing when they work and for how long.
4.6 Meeting the minimum age requirement of 18 years old. They also agree to take reasonable steps to ensure that all students are at least 18 years old or have a parent and/or legal guardian arranging lessons for them.
4.7Have in place right to work status in the UK.
4.8 Provide clear, accurate and up to date information in application conversations and profile pages and keep up to date all other personal information held in the web platform.
4.9 Not to refer Students or prospective Students to another platform or website via any means.
4.10 Notify Music Tutors of any criminal convictions or other offences, charges or cautions which have been attributed to them after the date of their enhanced DBS certificate. Music Tutors works to the standards of the Rehabilitation of Offenders Act 1974 and reserves the right to conduct additional risk assessments in light of new information of this kind.
4.11 Produce an enhanced DBS certificate, dated within 3 years from the date of receipt. In accordance with the Rehabilitation of Offenders Act 1974, risk assessments may need to be undertaken and Music Tutors reserves the right to do so. Depending on the result of the risk assessment, Music Tutors also reserves the right to delete the Tutors profile and all the information therein.
4.12 Provide the original enhanced DBS certificate, should the Tutor be registered on the government update service.
4.13 Allow, if required, MusicTutors to progress an enhanced DBS application on behalf of the Tutor. The cost of which is £54.40. The fee is paid directly by the Tutor to our safeguarding partner, Ucheck. Music Tutors does not charge the Tutor for any further associated costs.
4.14 The fee paid as described in clause 4.13 of these terms being the choice of the Tutor and cannot in any circumstances be charged to Music Tutors.
4.15 Read and understand the document Keeping Children Safe in Education. Agreeing to these terms and conditions indicates the document has been read and understood.
4.16 Abide by Music Tutors safeguarding and child protection policy, code of conduct (including acceptable use policy) and the lone working policy.
4.17 Report any concerns about a child to Music Tutors Designated Safeguarding Lead Using pro forma available upon request.
4.18 Choose a Tutor Fee which is commensurate with their experience and ability.
4.19 Change the Tutor Fee at any point via a conversation with staff at Music Tutors. It is the responsibility of the Tutor to communicate the change of fee to existing students ahead of time.
4.20 Act professionally within the Web Platform. All Tutors agree to a responsive and accurate communication style when replying to Student messages. Lesson bookings should be made promptly and at times where the Student has indicated they are able to take the lesson.
4.21 Communicate all and any periods of absence both planned and unplanned, as far as possible, in good time. If Music Tutors cannot get in contact with the Tutor for more than 14 days and this absence in communication is not stated beforehand, Music Tutors has the right to set the Tutors profile off-line.
4.22 Upon entering an agreement with the student and creating the first lesson, use with exclusivity the web platform for the continuation of all lessons for the entire duration of the agreement with the student. Any lessons or attempt of lessons outside of the web platform will be classed as disintermediation and may result in a ban on using the web platform.
4.23 Indemnify Music Tutors in case of any claim or liability made against them resulting from their use of the web platform. This includes all costs and expenses which may be accrued.
4.24 Indemnify Music Tutors against, and compensate Music Tutors immediately upon request in respect of any and all unexpected claims brought by HMRC or any other government / judicial authority, however they may be named, and in whatever position they may be based, as described in clause 4.23 of these terms.
4.25 Music Tutors may withhold from the fee still to be paid and, if applicable, from any other amounts that the Tutor owes, the above-mentioned withholdings, remittances and contributions.
4.26 Fully cooperate with Music Tutors to enable it to demonstrate to HMRC or other government / judicial agencies, or to make agreements with those agencies to the effect that, within the context of the arrangement between the Tutor and the Web Platform it has no obligation to withhold, remit and pay as referred to in these terms, on account of the Tutor’s status as self employed.
4.27 Provide a safe and appropriate environment for music tuition when lessons take place in the Tutors home or other premises of the Tutors choosing. As set out in the Music Tutors Lone Working Policy.
4.28 Accept the right of Music Tutors to delete the Tutor’s profile and all associated data at any point should Music Tutors decide these terms and conditions have been infringed.
4.30 Declare that it is explicitly not their intention to have an employment contract exist now or in the future between themselves and Music Tutors, and hereby irrevocably and unconditionally waives the right to invoke any employment relationship.
5.1. The Web Platform operates a pricing structure, designed to satisfy the broad range of experience and socio-economic conditions found in the UK.
5.2. Our pricing structure is as follows:
- 1: £26.00 for a 60 minute lesson (£13.00 for 30 min.)
- 2: £31.00 for a 60 minute lesson (£15.50 for 30 min.)
- 3: £36.00 for a 60 minute lesson (£18.00 for 30 min.)
- 4: £41.00 for a 60 minute lesson (£20.50 for 30 min.)
- 5: £46.00 for a 60 minute lesson (£23.00 for 30 min.)
- 6: £53.00 for a 60 minute lesson (£26.50 for 30 min.)
- 7: £60.00 for a 60 minute lesson (£30.00 for 30 min.)
- 8: £72.00 for a 60 minute lesson (£36.00 for 30 min.)
5.3. The Tutor agrees to instruct Music Tutors on their chosen Price during the Application Conversation. The Tutor agrees to instruct Music Tutors in writing to alter their Price at any time, informing their current Students with a term of 30 days notice before the date the Tutor intends to change the Price.
5.4 The Tutor understands that a Platform Fee will be deducted from the Price in exchange for the services of marketing, communication, booking and fee collection provided by the Web Platform. Platform Fees are also referred to as Deductions within the Web Platform. Platform fees displayed here are for a 60 minutes lesson. They follow the Price by being charged at 50% for a 30 minute lesson and 75% for a 45 min lesson. The Platform fees charged at each point of the pricing structure are:
- 1: £7
- 2: £8
- 3: £9
- 4: £10
- 5: £12
- 6: £14
- 7: £16
- 8: £19
5.4 Where a Student purchases a Lesson Block and qualifies for a discount, Music Tutors will reduce the Platform Fee accordingly. The Tutor Fee will not be altered.
5.5 Where a student purchases a Fixed Term Plan, The Tutor agrees to reduce the Price by 15%. Tutor Fees will be reduced by the amount of 5%. Platform fees will also be reduced to allow for the Student discount of 15%.
5.6 The Tutor agrees to offer, for the first lesson with each new student, a half price lesson.
5.7 Where a Student redeems the first lesson half price offer, the Tutor fee and platform fee will be reduced by 50%. Where a Student chooses not to redeem the offer, the Tutor Fee and the Platform Fee will remain unchanged.
5.8 The Web Platform is cashless. Tutors agree to never accept payments by cash or any other means.
5.9 The Tutor agrees to add, for lessons which take place at the Student’s home, a transport fee of either £0, £4, £6, £8, £12 which will be chosen by the Tutor.
5.10 The Tutor agrees to communicate clearly and ahead of time to the Student the desired transport fee.
6.1. The Price payable by the Student will be clearly displayed throughout the Web Platform.
6.2. The Price is a combination of the Tutor Fee and the Platform Fee. The Price includes all applicable taxes, including VAT.
6.3. The Platform Fee is the amount deducted from The Price, payable to Music Tutors in exchange for the services provided by the web platform.
6.4. The Tutor Fee is the amount payable to the Tutor.
6.5 Payment of Tutor Fees is calculated via the Prepared Invoice. The Tutor can view their Prepared Invoice for each calendar month at any time within the My Account section of the Web Platform
6.6 The Prepared Invoice collates all lessons that have taken place within one calendar month.
6.7 Music Tutors will settle all amounts payable to the Tutor as shown on the Prepared Invoice within 5 days of receipt. Music Tutors receive each Prepared Invoice on the first day of the following calendar month.
6.8The Tutor agrees to be responsible for the amounts shown on the Prepared Invoice and should raise any dispute or challenge to the amounts shown in writing to Music Tutors.
6.9Music Tutors agree to respond to any challenge in no more than 5 working days and settle any adjustments, in favour of the Tutor via an extraordinary payment within a further 5 working days. Any adjustments in favour of Music Tutors will either be taken from the subsequent Prepared Invoice or requested as an extraordinary payment from the Tutor. The decision is taken at Music Tutors discretion.
7.Fixed Term Plan
7.1 A Fixed Term Plan consists of a minimum of 12 lessons. When the Tutor creates 12+ lessons and sends them to the Student, the Student will have the option to choose Fixed Term Plan to confirm and pay for them.
7.2 Fixed Term Plans are fixed. Once the lessons are created, they cannot be edited, altered or cancelled by the Student, unless at the Tutors discretion.
7.3 The Tutor is guaranteed payment for each lesson as the Student cannot cancel.
7.4 Should the Tutor need to cancel a lesson, it must be rescheduled at a mutually convenient time for both Tutor and Student.
7.5 In return for guaranteed income, the Tutor agrees to reduce the Price per lesson by 15%. Music Tutors will reduce the Platform fee by 10% and the Tutor Fee will also reduce by 5%.
7.6 The reduction of 5% to the Tutor Fee for the entire Fixed Term Plan will be taken from the first lesson/s in the plan, leaving the remainder at full Tutor Fee. This will be clearly shown in the Tutors Prepared Invoice for each month.
8. Bookings, Cancellations, Complaints and Refunds
8.1 The Tutor agrees to create lessons on behalf of the Student, after ascertaining mutually agreeable details of date, time, location and duration.
8.2 The Tutor agrees to monitor communication with the student and make all necessary and acceptable changes to the booking and ensure the Web Platform contains accurate information at all times.
8.3 The Web Platform agrees to send notifications and instructions to the Student inviting them to confirm and pay for the lesson/s created by the Tutor. Once the lesson has been confirmed and paid, the Web Platform will send a notification to the Tutor and the lesson can treated as confirmed.
8.4 The Tutor has no right to payment of fees and Music Tutors does not have any obligation towards the Tutor to pay any fee in the event that a lesson is not confirmed and subsequently cancelled.
8.5 The Tutor agrees to cancel lessons at the instruction of the student within the Web Platform.
8.6 A student has the right to cancel a lesson at any time up to the start of the lesson. To cancel the lesson, the student must send the Tutor a message with the instruction to cancel the lesson.
8.7 Any confirmed lesson cancelled with less than 24 hours notice will not be refunded to the Student. Tutor Fees and Platform Fees will be added to the Prepared Invoice as normal.
8.8 Any lesson cancelled with notice greater than 24 hours can either be refunded, or rescheduled at no extra cost to a mutually convenient time for both Tutor and Student.
8.9 Tutors have the right to cancel lessons at any time up to the start of the lesson. All lessons cancelled by the Tutor will either be refunded or rescheduled at a mutually convenient time for both Tutor and Student.
8.10 All complaints, including those around lesson quality, non attendance of a lesson by the Tutor, Tutor conduct, Student conduct and issues around the web platform will be handled in line with the Music Tutors complaints policy. A copy of which is available upon request.
9. Safeguarding and Child Protection
9.1. Music Tutors recognises that safeguarding and child protection are of paramount importance. It is the responsibility of everyone in the Music Tutors Community to help keep children safe.
9.2 The DSL (Designated Safeguarding Lead) for Music Tutors is Alex Wibrew. He can be contacted via email at [email protected]
9.3 MusicTutors will update their safeguarding and child protection policy in September every year, and engage the services of an expert consultant to help the policy reflect changes in legislation and best practice.
9.4 All Tutors are provided with the document Keeping Children Safe in Education and must read and understand this document before being published on the Web Platform.
9.5 The Tutor is provided with a code of conduct, including acceptable use policy which must be read and adhered to at all times.
9.6 All Tutors are provided with a lone working policy which must be read and adhered to at all times.
9.7 All policies and documents will be reviewed annually in September and new versions will be distributed as appropriate.
9.8 Any concerns regarding an issue of safeguarding or child protection should be brought immediately to the attention of the DSL using Music Tutors proforma, available on request.
10. Disclaimers and Limitation of Liability
10.1 The Tutor is liable for any and all damage that is caused directly and/or indirectly to Music Tutors and/or the companies affiliated with Music Tutors, in the context of the performance of the work on the basis of these terms. The Tutor fully indemnifies Music Tutors and the companies affiliated with it.
10.2 The Tutor indemnifies Music Tutors and the companies affiliated with it against any and all claims and entitlement rights brought by third parties, including, but not limited to, Music Tutors customers and clients, that ensue from damage that has been caused in the context of work by the Tutor.
10.3 By accepting these terms, The Tutor declares that they have taken out adequate liability insurance in connection with the risks to be run in connection with the performance of the work undertaken, on a self-employed basis.
11. Intellectual Property
By accepting these terms, The Music Tutors Community agree to provide a permanent licence to Music Tutors which is free of royalty and non-exclusive, which enables Music Tutors to distribute, copy, display in public and create derivative works based on material submitted by the Music Tutors Community.
12.1 Both during the term of the service arrangement between the Tutor and Music Tutors and after it has ended, without prior written permission from Music Tutors, in respect of which permission Music Tutors may attach conditions, the Tutor is prohibited from providing information to third parties regarding any and all matters related to Music Tutors, its directors, customers and business relations, and in particular with respect to any and all knowhow, documents, information and knowledge of Music Tutor’s, all of the foregoing in the broadest sense of the words and regardless of how the Tutor became aware of that information. Music Tutors also refers mean companies affiliated with Music Tutors.
13. Business Relations Clause
13.1 Both during the term of the service arrangement and for a term of 12 months after it has ended, without prior written permission from Music Tutors, in respect of which permission Music Tutors may attach conditions, the Tutor is prohibited from working for persons who, at the time at which the service arrangement is terminated, are Students in the Web Platform or a company affiliated with them, or for a term of 12 months prior to that termination were Students of the Web Platform or a company affiliated with it, in any manner whatsoever, directly or indirectly, either for remuneration or for no consideration.
14. Changes to Terms and Conditions
14.1 These terms and conditions supercede any previous versions and come into effect from 24th June 2019
14.2 MusicTutors reserve the right to alter these terms and conditions at any time. The Music Tutors Community is encouraged to check the terms and conditions section of the website regularly to ensure they are aware of any changes. We will endeavour to communicate changes to all in the Music Tutors Community, ahead of time.
Governing Law and Jurisdiction.
15.1 The terms and conditions set out here and any dispute or claim (inclusive of those not of a non-contractual nature) associated with them shall be settled in accordance with Englsh Law and the courts of England will have total jurisdiction over the process.
15.2 In the eventuality that one or more of the provisions stipulated in these terms and conditions is not legally valid, the other provisions stipulated will remain in force. In that case the parties will consult with respect to the provisions that are not legally valid in order to agree on a replacement provision in writing that is legally valid and that is in keeping to every extent possible with the purpose of the provision to be replaced