Terms & Conditions

1. Introduction

1.1 In these Terms and Conditions,

1.2 The Elite Prep Website is owned and operated by Elite Prep Ltd, trading as The Elite Prep. Elite Prep is a limited liability company registered in England and Wales under company number 13264931. The Elite Prep’s registered office is at Kemp House, 160 City Road London, EC1V 2NX.

1.3 By using The Elite Prep’s services or the website, https://theeliteprep.co.uk/, the User agrees to be bound by these terms and conditions. These terms and conditions are legally binding – every User should read them fully before agreeing to them. (Please print or save these terms for future use as The Elite Prep will not keep a file copy specifically for the User and The Elite Prep cannot guarantee that they will remain accessible on the Website in future.) If a User does not wish to be bound by these terms, they should cease any collaboration with The Elite Prep and not use the website.

1.4 Within all the bounds of applicable laws, The Elite Prep reserves the exclusive rights to alter, modify, revoke, rescind or change in any ways the terms and conditions for any reasons without any prior warning. If you do not agree to any of our terms and conditions, you should cease any collaboration with The Elite Prep and not use the Website.

1.5 Headings in these Terms and Conditions, if present, are for convenience only and will have no legal meaning or effect.

1.6 A reference to a statute or a statutory provision is a reference to it as it is in force for the time being, as of the date of these Terms and Conditions, taking account of any amendment, extension, or re-enactment and including any subordinate legislation for the time being in force made under it.

1.7 A “person” shall include a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.

2. Definition and Interpretation

2.1 In these Terms and Conditions, the following words and phrases shall, where the context so permits have the following meanings:

2.2 The Elite Prep, Elite Prep or We means the company The Elite Prep Ltd registered in England and Wales under company number 13264931.

2.3 Client means the person to whom the introduction of a Tutor is made.

2.4 Tutor means a tutor, teacher or any other assistant who is a worker, or a freelancer supplied by The Elite Prep to the Client, for the purposes of fulfilling the tutoring services and / or any other services requested by the Client and agreed upon by The Elite Prep.

2.5 User means a person who uses our Website.

2.6 Party and Parties mean The Elite Prep, Client and Tutor.

2.7 Website means the website https://theeliteprep.co.uk, which is owned and operated by The Elite Prep.

2.8 For the avoidance of doubt, any use of terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

2.9 Unless the context otherwise requires, any use of terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

2.10 Headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.

2.11 A “person” shall include a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.

3. Tutors Responsibilities

3.1 The Tutor are not employees, partners, or co-ventures of, or in any other service relationship with The Elite Prep.

3.2 The Tutor is not authorized to speak for, represent, or obligate The Elite Prep in any manner without the prior express written authorization from The Elite Prep.

3.3 The Tutor shall be providing such Services as per their skill and qualifications and as required by the Clients for each Project.

3.4 Unless otherwise agreed, the Tutors shall be providing services as per their skill and qualifications and as required by the Clients for each lesson or work.

3.5 The Elite Prep shall provide the Tutor with the Clients. In consideration of this, the Tutor is not permitted to make private arrangements for tutoring with Clients introduced by The Elite Prep, or with any new Client introduced by the Client. Should Tutors breach this obligation, they will be liable to account to The Elite Prep for all sums received from the Client or new Client without deduction and The Elite Prep shall be entitled to obtain an injunction against Tutors to prevent further breaches.

4. Client Responsibilities

4.1 The Client acknowledges and agrees that the relationship between the Parties and the Users of this Website is that of an independent contractor. Nothing in these Terms and Conditions creates a partnership, joint venture, agency or employment relationship between the Parties.

4.2 The Client understands that all information about the Tutor and about The Elite Prep, as may be communicated from time to time by The Elite Prep to the Client, is confidential. If without The Elite Prep approval, any such information is passed to a third party which results in loss of any income or business opportunity to The Elite Prep or the Tutor, the Client will be liable to indemnify The Elite Prep and/or the Tutor’s loss of income that it was to receive from the Client or any other party.

4.3 The Client shall use all reasonable endeavours to provide all pertinent information to us that is necessary for our provision of the Services. Such information shall include, but not necessarily be limited to the work to be done, the outcomes to be expected, the timescale estimated or otherwise and the hours of work required to complete such task.

4.4 The Client shall acknowledge that The Elite Prep may, with or without reasons, at absolute discretion, reject any offers that it cannot perform.

4.5 When a Tutor is supplied to the Client under these Terms and Conditions, the Tutor will be deemed to be under the Client’s supervision, direction and control. It is the Client’s responsibility to provide clear instructions and feedback for the provision of Services and to communicate effectively with The Elite Prep and the Tutor.

4.6 The Client may not at any time make private arrangements for the provision of Services or for the payment with a Tutor introduced by The Elite Prep without the prior consent of The Elite Prep. If this obligation is breached, the Client is then liable to account to The Elite Prep for all sums paid to the Tutor without deduction and The Elite Prep shall be entitled to obtain an injunction against a Client to prevent further breaches. This obligation shall continue notwithstanding the termination of this agreement.

4.7 Any delay in the provision of the Services resulting from the Client’s failure or delay in complying with any of the provisions of the task provided by the Client to The Elite Prep shall not be the responsibility or fault of The Elite Prep.

5. Users Responsibilities

5.1 As a condition of use of this Website, the User warrant to The Elite Prep that the User will not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

5.2 Users are responsible for their own security in conjunction with the services through the Website, both online and offline.

5.3 Users may copy electronically, save and print portions of the website for their own personal use. These portions of the website must clearly reference the source: The Elite Prep or www.theeliteprep.co.uk.

5.4 No data or information made available on or by this website, or in or by any of our resources as described above, may be used in connection with or to support any business or commercial undertaking.

5.5 All text (and the information represented therein), design, graphics and other material, and the selection and arrangement thereof, in this website and our associated publications remain our intellectual property in perpetuity. Likewise, our logo and favicon and slogans remain our intellectual property. These may not be reproduced, modified or used for any purpose outside their original source, without our express prior written permission. In particular, logos or trademarks of The Elite Prep may not be used to suggest links to or endorsements of any other services of any kind without our express written permission.

5.6 The Users may not, whether through the use of additional software or by any other means: data mine or conduct automated searches on the website or the data contained in it, access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without Our express written permission.

5.7 The Users may not take any action that imposes or may impose, at our discretion, an unreasonable or disproportionately large load on our infrastructure.

5.8 The Service is provided “as is” and on an “as available” basis. The Elite Prep gives no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, The Elite Prep provides no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality.

5.9 The Elite Prep accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

5.10 The Website does not provide any warranty or representation that it is free from infection by viruses or anything else that has contaminating or destructive properties.

5.11 All rights are reserved unless explicitly granted.

6. Our service

6.1 The Elite Prep provides tutoring support services, including without limitation, the introduction of the Tutors to the Client, administration and management of the tutoring Sessions, finalising the details of each Project (the “Services”) and any appropriate and reasonable task associated with such services and assigned by Client. At all times, however, the Client is responsible for evaluating and determining the suitability of any Tutor for the Client’s purpose.

6.2 Subject to these Terms and Conditions, we shall provide our Services to the Client which should also include without limitation, hosting and maintaining this Website, facilitating the formation of any arrangements between the Client and the Tutor, and assisting the Client in resolving any disputes, which may arise in connection with such arrangements. We or the Tutor shall keep the Client informed of all activities related to your specific requirements by means agreed with the Client.

6.3 The Website is designed for convenience purposes only. Notwithstanding, We shall make all reasonable efforts to ensure that the Tutor shall have suitable skills and experience for the purpose mentioned by the Client and comply with the legitimate and reasonable instructions of the Client relating to the lesson or work and comply with the Client’s reasonable requirements concerning conduct and standards of behaviour. However, The Elite Prep make no warranty or representation that this Website will meet the Client’s requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of this Website or our service.

6.4 Each Party acknowledges and agrees that the relationship between the Parties and the Users of this Website is that of an independent contractor. Nothing in these Terms and Conditions creates a partnership, joint venture, agency or employment relationship between the Parties. The Tutors are not authorized to speak for, represent, or obligate The Elite Prep in any manner without the prior express written authorization from The Elite Prep.

6.5 The Elite Prep does not condone any practice which could be construed as plagiarism, academic dishonesty or a violation of intellectual property rights, and will not endorse the actions of the Tutor if they are deemed to constitute an inappropriate level of involvement in a Client’s work, including but not limited to the completion of any written work, assignments or other pieces of work on the client’s behalf.

6.6 The Elite Prep reserves the right immediately to withdraw their services from any Tutor or Client found to have engaged in such practices, or caused them to have been engaged in, or to have requested that this be done.

6.7 No party found to have acted in this way will have any protection under these terms, nor will they be eligible for any refund of payment already made.

7. Fees and Payment

7.1 Tutor’s work, which may include, without limitation, teaching session, assigned projects or proof-reading, will be charged at the hourly rate agreed by the Tutor, the Client and The Elite Prep.

7.2 The Tutor and the Client shall not at any time instruct or suggest an alternative payment method without The Elite Prep’s prior agreement.

7.3 Any work referred to the Tutor by the Client of The Elite Prep must be billed through The Elite Prep only.

7.4 A Tutor’s fee for the work or lesson (the ‘Tutor Fee’) will represent at least 75% of the fee paid by the client due for that work or lesson (the ‘Lesson Fee’) which should be received by The Elite Prep as agent for the Tutor.

7.5 We normally transfer Tutor Fee to the Tutor weekly. Tutors would normally receive the payment within 2 weeks after the client complete the payment for the lesson or work, provided the correct Bank Detail has been provided and passes our Bank’s verification process. For the avoidance of doubt, if any Sessions are not marked as Complete on TutorCruncher, the payment may be delayed. The Elite Prep will not take responsibility in case of the Client’s default or delay of the payment.

7.6 Tutor’s earnings may be held in Escrow until Stripe and our bank’s verification requirement is completed.

7.7 The Elite Prep shall issue and manage all invoices on behalf of the Tutor and process payments through the Stripe system, as provided via the TutorCruncher platform. The Elite Prep will not enforce any invoice that has not been formally raised and processed through the TutorCruncher platform.

7.8 Any outstanding invoices must be paid by the Client within 48 hours to ensure the continuation of tutoring sessions or specific work. Failure to settle any invoice processed through the Stripe system on TutorCruncher may result in the immediate termination of services by The Elite Prep and the cessation of any future agreements with the Client.

7.9 The preferred method for invoice payments is via debit or credit card, processed securely through Stripe’s payment gateway, accessible via the TutorCruncher platform.

7.10 The Client shall be responsible to pay all the applicable taxes and funds that arise, relating to any transactions with The Elite Prep, including but not limited to, banking fees, from the Client’s own funds.

8. Termination

8.1 These Terms and Conditions may be terminated at any time by either Party by serving a notice in writing onto the other Party.

8.2 The Client may only initiate the termination of these Terms and Conditions, provided that any outstanding invoices have been paid by the Client.

8.3 Any scheduled work or lesson may be terminated at any time before it starts, by either the Client or the Tutor or The Elite Prep by serving a notice in writing onto the other relevant Party. The client is still due to pay the ‘Tutor Fee’ and the ‘Lesson Fee’ if cancelling less than 24 hours ahead.

9. Confidentiality

9.1 No Party shall use any other Party’s Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with these Terms and Conditions.

9.2 Each relevant Party shall comply with all the obligations imposed by the Data Protection Legislation.

9.3 The Elite Prep may use the data it holds to communicate with the Client, information about lessons, progress reports, invoicing and other marketing information about The Elite Prep service, where relevant. The Client may opt-out of this communication at any time, but this may affect the Services The Elite Prep can offer.

9.4 In the event of a breach of confidentiality, the relevant Party must notify the other Party immediately if any of their instructions would lead to a breach of the Data Protection or GDPR.

10. Warranties

10.1 The Elite Prep makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Services, the Website, the information contained on the Website, personal information or material and information transmitted over the system.

10.2 To the fullest extent allowed by applicable law, The Elite Prep disclaims all warranties, representations, conditions and duties of any kind, including without limitation, any warranties of satisfactory quality, merchantability or fitness for a particular purpose.

10.3 The Website and its contents are provided on an “as is” and “as available” basis. This means that The Elite Prep does not make any promises in respect of the quality, completeness or accuracy of the information published on or linked to from the Website.

10.4 The Elite Prep does not provide any warranty or representation that the Website is free from infection by viruses or anything else that has contaminating or destructive properties.

11. Exclusion and limitation of liability

11.1 The Elite Prep does not accept any liability for claims by the Client arising out of or related to the carrying out of the tutoring Services or any specific lesson or work by the Tutor.

11.2 The Tutor shall indemnify The Elite Prep, without limitation, in respect of any claims of gross negligence or misconduct.

11.3 To the maximum extent permitted by law, The Elite Prep accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

11.4 Every effort has been made to ensure that these terms and conditions adhere strictly to the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.

12. Force Majeure

12.1 The Elite Prep shall not be held liable for any failure to perform that is due to any cause or circumstance beyond its reasonable control, including without limitation a demand for such Services which exceed The Elite Prep’s ability to supply them, as well as force Majeure situations with the Freelancers, including but not limited to earthquakes, fire, accidents, floods, storms, other Acts of God, riots, wars, rebellions, strikes, lockouts or other labour disturbances, national or international emergencies, failure to secure materials or equipment from usual sources of supply, failure of carriers to furnish transportation, government rules, regulations, acts, orders, restrictions or requirements or any other cause or circumstance beyond the reasonable control. No such inability to deliver or delay in delivery shall invalidate the remainder of these Terms and Conditions.

13. Law and Jurisdiction

13.1 These Terms and Conditions are subject to English law and the courts of England and Wales and will have an exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions.

14. Update

14.1 The Elite Prep reserves the right to update these Terms and Conditions at any time.