Virtual Learning Network
Website terms
Website Terms & Conditions
Last updated: August 01, 2024
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://murphydedu.com website (the “Service”) operated by Murphy Education Ltd. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Murphy Education Ltd. and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Murphy Education Ltd..
Murphy Education Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Murphy Education Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Child Protection Policy
CHILD PROTECTION STATEMENT, POLICY & PROCEDURE
Any concerns of a child protection or safeguarding nature should be immediately reported to the local office manager (LOM)
If a child is in immediate danger you should dial 999
OUR MISSION STATEMENT
Murphy Education believes it is totally unacceptable for a child or young person to experience abuse of any kind and we recognise our responsibility to safeguard the welfare of all children and young people. Murphy Education is committed to creating a safe environment in which children and young people can feel comfortable and secure whilst engaged in private tuition. Our staff and tutors should show respect and understanding for individual’s rights, safety and welfare at all times and conduct themselves in a way that reflects the principles of Murphy Education
OUR CHILD PROTECTION POLICY
The purpose of this policy
• To create a safe environment for private tuition in which children and young people can feel safe, comfortable and secure
• To provide all our staff and tutors with the overarching principles that guide our approach to child protection and to ensure all our staff are aware of the indicators of child abuse and how to respond to concerns or disclosures of abuse by children and young people.
We are committed to reviewing the Murphy Education Child Protection Policy annually to ensure our policy and procedures provides the best protection and safeguards possible.
We recognise that
• the welfare of the child is paramount, as enshrined in the Children Act 1989
• all children, regardless of age, disability, gender, racial heritage, religious belief, sexual orientation or identity, have a right to equal protection from all types of harm or abuse
some children are additionally vulnerable because of the impact of previous experiences, their level of dependency, communication needs or other issues
• working in partnership with children, young people, their parents, carers and other agencies is essential in promoting young people’s welfare.
We will seek to safeguard children and young people by:
• valuing them, listening to and respecting them
• adopting child protection guidelines through procedures and a code of conduct
for tutors and staff
• recruiting tutors and staff safely, ensuring all necessary checks are made
• sharing information about child protection and good practice with children,
parents, tutors and staff
• sharing information about concerns with agencies who need to know, and
involving parents and children appropriately
• providing effective training to the management of our local offices on our statement, policy and procedure to be followed at all times.
TYPES OF ABUSE & RISK INDICATORS
Child abuse can take four forms, any of which can cause long term damage to a child.
1. Physical abuse
2. Emotional abuse
3. Neglect
4. Sexual abuse
Most child abuse can take one or several of these forms for example bullying and domestic violence are both forms of physical and emotional abuse. All our staff and tutors are aware of the indicators and how best to respond.
A child may be experiencing abuse if he or she is:
• frequently dirty, hungry or inadequately dressed
• left in unsafe situations or without medical attention
• constantly “put down”, insulted, sworn at or humiliated
• seems afraid of parents or carers
• severely bruised or injured
• displays sexual behaviour which doesn’t seem appropriate for their age
• growing up in a home where there is domestic violence
• living with parents or carers involved in serious drug or alcohol abuse.
Remember, this list does not cover every possible type of child abuse. You may have seen other things in the child’s behaviour or circumstances that worry you.
CHILD PROTECTION PROCEDURES
The LOM takes the lead responsibility for child protection, including support for other staff and tutors and information sharing with other agencies. It is the responsibility of all other members of staff and tutors to ensure that all safeguarding concerns, both minor and serious, are reported to the LOM as soon as reasonably possible. If the LOM cannot be contacted immediately and the tutor or staff member believes they have a responsibility to report a case urgently to safeguard the child or young person, then they should contact their Local Authority’s Children’s Services Department (LACSD) or the Local Authority’s Designated Officer (LADO).
A. WHAT YOU MUST DO WHEN YOU SUSPECT A CHILD TO BE AT RISK
1. You have a concern about a child / young person’s well-being based on:
• Something the child or young person has told you
• Something that you have noticed about the child or young person’s behaviour, health or appearance
• Something another professional or adult (e.g. parent or carer) said or did
It is never your decision alone how to respond to concerns – but it is always your responsibility to share concerns, no matter how small.
2. Let the child or young person know what you plan to do next if you have heard a disclosure of abuse or are talking with them about your concerns. Do not promise to keep what he/she says secret.
For example, ‘I am worried about your bruise and I need to tell somebody else who can help us think about how to keep you safe’
3. Inform Murphy Education’ LOM immediately or if not available the LACSD or LADO.
4. Make a written record as soon as possible after the event, noting:
• Name of child or young person
• Date, time and place
• Who else was present
• What was said/ What happened/ What you noticed. Include in your record speech, behaviour, mood, drawings, games or appearance
• If the child spoke, record their words rather than your interpretation
• Analysis of what you observed and why it is a cause for concern
The LOM shares information with other relevant professionals, including the LACSD and/or the LADO, recording their reasons for sharing information and ensuring that they are aware of what action the other professional will take as a result of information shared.
Disclosure
It is important that all staff and tutors are aware of the following points when a disclosure is made to them by a child or young person, or about a child or young person either from another child or young person, or another adult.
• Never guarantee absolute confidentiality as child protection will always have precedence over any other issues
• Listen to the child or young person, without interruption, rather than question them directly
• Offer him / her reassurance without making promises, and accept what is said
• Alleviate feelings of guilt and isolation and do not overreact no matter what you have been told.
• Advise that you will try to offer support, but explain what you have to do and whom you have to tell.
• Record the discussion accurately, as soon as possible after the event using the child’s own words.
• Contact Murphy Education’ LOM for advice and guidance or if not available immediately the LACSD or LADO.
YOU MUST REFER – YOU MUST NOT INVESTIGATE
B. STAFF AND TUTOR CONDUCT
In order to protect children, young people, staff and tutors, we encourage staff and tutors to conduct themselves professionally at all times. The following sensible precautions, safeguards and advice should be observed whilst engaged in private tuition with children and young people:
Tuition Setting & Environment
• The Client and the Tutor will agree the tuition setting which may be at the Client’s home, the Tutor’s home or an alternative setting.
• Tutors should show evidence of their enhanced DBS check and photo ID (such as driving licence or passport) when they first visit a new student.
• Always ensure that another adult is present before entering a tuition setting. This could be a parent, carer or other adult who has responsibility for the welfare of the child. If no other adult is present, you should not enter the premises; explain to the child / young person that you cannot come in until such a person is present.
• If the tuition is at the Tutor’s home, request that the parent, carer or other adult with responsibility for the child’s welfare stays at the setting.
• Ensure that you work in a suitable environment, with the door ajar and in earshot of other adults. If you have a concern that the environment is not suitable you should report this immediately to Murphy Education. If you have a concern that the environment poses a potential risk of harm to a child / young person, or to you, you should immediately inform the LOM.
• Always dress appropriately for tuition, taking into account the setting you are working in and with respect to the religious and cultural backgrounds of the people you may come into contact with during tuition.
• If using the internet or other technology for the purposes of tuition, always seek the permission of the parent or carer and ensure that all material is age appropriate for children and young people and relevant to the purpose of tuition.
Student / Tutor Relationship
• Never ask a child or young person personal questions about their background
• Remain open to any questions or concerns a student may have about attitudes and behaviours they may not feel comfortable with
• Act as a positive role model for every child and young person you work with.
• Remember that others may misinterpret your actions, no matter how well intentioned
Refrain from any physical contact with students, and ensure that inappropriate subjects are not discussed or inappropriate banter exchanged
• Never promise to keep any disclosure secret – you have a duty to report disclosures or any concerns you may have to the LOM
• Never arrange to meet students outside of tuition sessions or to give them lifts to and from tuition in your car
• Refrain from giving out your personal numbers or private email addresses to children and young people.
• Never use social networking sites – or similar technological platforms – to communicate with students
• Do not give gifts to, or accept gifts from, children and young people you are working with – this could be considered as a bribe or inducement to enter into a relationship, and could give rise to allegations of improper conduct
• Under the Sexual Offences Act 2003 it is a criminal offence for anyone working in an education setting to have a sexual relationship with a pupil even when the pupil is over the age of consent
Use of Force and Restraint
• The law forbids staff and tutors from using any degree of physical contact that is deliberately intended to punish a student, or that is primarily intended to cause pain or injury or humiliation.
• If it is necessary to use physical action to prevent a child from injury to themselves or others, you should immediately inform the LOM. The LOM will share this information with the relevant local authority Children’s Services department and/or the parents/carers of the child or young person.
• Any concerns or allegations that a member of staff or tutor may have acted inappropriately should be immediately referred to the LOM who will, in turn, contact the LADO.
C. SAFER RECRUITMENT
All staff and tutors are recruited in accordance with the Murphy Education Recruitment, Vetting and Selection Policy and must abide by the Murphy Education Data Protection and Confidentiality Policies.
All tutors and staff must complete an application form providing details of education and experience, they must be degree qualified and be interviewed by the local office.
All local office management, staff and tutors are required to have an enhanced DBS certificate, with renewal undertaken not less than every 3 years.
All our Tutors are made fully aware of the Child Protection procedures before they commence any tutoring, and are given a copy of the Murphy Education’ Child Protection Policy and Procedure.
Allegations Against Staff Or Tutors
All allegations against staff and tutors should immediately be brought to the attention of the LOM.
In all cases, the LADO should be notified. either directly by the LOM or by the LOM confirming with the LACSD that they have made a referral to the LADO.
The tutor or member of staff may be suspended or have his or her working arrangements reviewed, pending the investigation, following advice from the LADO.
Privacy Policy
Last updated: August 22, 2021
Murphy Education (“us”, “we”, or “our”) operates the Murphy Education website (the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
We will not use or share your information with anyone except as described in this Privacy Policy.
We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at http://murphydedu.com
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information (“Personal Information”) may include, but is not limited to:
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Name
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Email address
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Telephone number
We require this information to facilitate the introduction of Tutors to Clients and vice-versa.
Log Data
We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Cookies
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Compliance With Laws
We will disclose your Personal Information where required to do so by law or subpoena.
Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us.
Tutor and Client Terms
Tutor Terms
Last updated: October 21, 2022
The words used in this agreement have the following meanings:
“Client (s)” means the student, parent of the student or the student’s representative to whom the Tutor agrees (or is considering to agree) to provide tutoring services.
“Introduction” means the introduction of a Client requiring tuition services to a Tutor via the exchange of contact details to both parties via the Platform.
“Invoice” means an invoice created by the Platform, based on data supplied by the Tutor and Murphy Education for the tuition fees payable by the Client comprising of the Tutor’s fees and Murphy Education Tutor’s fee.
“Platform” means a third-party tuition business management software for the purposes of scheduling lessons, invoicing of Clients and payments to Tutors and Murphy Education.
“Student” means the person who is being tutored by the Tutor.
“Tutor” means the Tutor selected by Murphy Education to provide tuition to the Student.
The terms below (“Agreement” and “Terms“) are the terms under which Murphy Education will provide work-seeking services to the Tutor. By using Murphy Education’ services, the Tutor acknowledges that they have read and agree to these Terms. These Terms apply in addition to Murphy Education’ Website Terms and Conditions at http://murphydedu.com/website-terms/, Child Protection Policy at http://murphydedu.com/child-protection-policy/ and Privacy Policy at http://murphydedu.com/privacy-policy/. Where those conflict with these Terms these Terms prevail.
The parties agree as follows:
1 Introduction
1.1 The terms of this Agreement (and any amendments to such terms as previously notified to the Tutor) will apply to all current and future Introductions accepted by the Tutor.
1.2 The Tutor may accept an Introduction either verbally or in writing and once accepted agrees to provide tutoring services for the Client in accordance with the terms of this Agreement.
1.3 There is no obligation on Murphy Education to provide the Tutor with an Introduction and no obligation on the Tutor to accept any Introduction. Before offering an Introduction to the Tutor, Murphy Education shall have taken all reasonable practical steps to ensure that:
1.3.1 the Tutor and the Client are both aware of any requirements imposed by law that must be satisfied to enable the Tutor to commence tuition; and
1.3.2 it would not be detrimental to the interests of the Tutor or the Client for the Tutor to commence tuition.
1.4 Subject to clause 1.5, at the same time as an Introduction is offered to the Tutor, Murphy Education will provide the Tutor with the following information (“Assignment Information“):
1.4.1 the name and contact details of the Client (and if applicable the nature of its business);
1.4.2 the date on which the Client requires the Tutor to start and its (likely) duration;
1.4.3 the position which the Client seeks to fill, including:
(a) the type of work the Tutor would be required to do in that position;
(b) the location at which the Tutor would be required to work (e.g. home-based for online tuition);
(c) the hours or hours per week during which the Tutor would be required to work; and
(d) any risks to health and safety known to the Client and what steps the Client has taken to prevent or control such risks.
1.4.4 the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law, or by any professional body, for the Tutor to possess in order to undertake the Client’s work;
1.4.5 the remuneration (any any other benefits) which the Client would offer to the Tutor; and
1.4.6 the length of notice which a Tutor would be required to give, and entitled to receive, to terminate the arrangement with the Client (as stated in clause 5.1).
1.5 Murphy Education may offer an Introduction orally over the telephone and/or via an electronic communication. Where Murphy Education does so, and the Assignment Information is not given in writing at the time the Introduction is offered, Murphy Education will confirm the Assignment Information to the Tutor in writing as soon as possible and in any event no later than the end of the third business day following the day on which the Introduction was offered to the Tutor.
1.6 The Tutor will not be required by Murphy Education or the Client to incur expenses.
2 Accepting an Introduction
2.1 Following the acceptance of an Introduction, the Client’s contact details will be released to the Tutor. The Tutor should not contact the Client unless it is for the purpose of arranging tuition and the Tutor should not share the Client’s contact details with anyone.
2.2 Subject to clause 2.3, the Tutor should contact the Client as soon as possible and no later than 24 hours of receiving the contact details.
2.3 Before the Tutor contacts the Client, the Tutor should send confirmation to Murphy Education that:
2.3.1 the Tutor is willing to work in the position which the Client requires to be filled;
2.3.2 the Tutor has the relevant experience, qualifications, training and authorisations to work in the position which the Client requires to be filled; and
2.3.3 nothing in any employment or other contract between any third party such as a school prohibits the Tutor from engaging the services set out in this Agreement.
2.4 Should the Client be satisfied with the Tutor as their provider of tuition services the Tutor and the Client will agree a mutually convenient time slot and location for the tutoring to take place or online tutoring platform in the case of online tuition.
2.5 The Tutor should advise Murphy Education as soon as possible and no later than 24 hours after receiving the contact details from Murphy Education, regarding the time, location and start date for the tuition as arranged between the Tutor and the Client.
2.6 If the Tutor is unable to contact the Client within 24 hours of receiving their contact details, the Tutor will advise Murphy Education.
2.7 If, either before the Introduction or within the following three months of the Introduction, the Tutor becomes aware of any reason why the Tutor may not be suitable for the position, the Tutor must notify Murphy Education without delay.
2.7 If Murphy Education obtains information that indicates that the Tutor may be unsuitable for the Client’s tuition within the following three months of the introduction, Murphy Education shall inform the Client without delay of obtaining such information.
3 Tutoring
3.1 Murphy Education is responsible for finding Clients an appropriate Tutor for their specific requirements, and can accept no responsibility for the style or content of the tutoring sessions; the teaching methods and teaching manner are at the Tutor’s discretion for which the Tutor is fully responsible.
3.2 Any teaching material, equipment, books or software required by the Tutor to carry out the tutoring is for the Tutor to obtain at their own cost.
3.3 It is expected that the Tutor is up-to-date with the relevant syllabus, curriculum, or course requirements including the requirements of any relevant examination board or other regulatory body for any examination, qualification or other standard the Student is working towards. Any training or knowledge update costs which the Tutor incurs in order to remain fully proficient are to be paid by the Tutor.
3.4 To prepare for the first tutoring session, the Tutor is expected to obtain as much information as possible about the Client’s requirements prior to the first tutoring session.
3.5 Murphy Education is responsible for providing a Platform for the purposes of Tutors to record their schedules and hours taught and for the facilitation of payments to Tutors directly and Murphy Education directly, via a payment splitting at source approach to billing.
3.6 The Tutor agrees to use the Platform for the provision of regular and timely Student feedback, which will be forwarded to the Client together with the Client’s Invoice.
3.7 The Tutor agrees to comply with the terms and conditions and privacy policy required for use of the Platform, which currently is Tutor Cruncher whose terms are at https://tutorcruncher.com/terms/.
4 Termination of Tuition by the Client
4.1 If the Client wants to terminate the tuition with the Tutor on a permanent basis, the Client should give at least 7 days’ notice to the Tutor and Murphy Education, although Murphy Education shall not be liability to the Tutor if a Client does not comply with such requirements or otherwise engages in conduct which is not the responsibility of Murphy Education.
5 Termination of Tuition by the Tutor and Termination of this Agreement
5.1 In the event that the Tutor feels that they are not a suitable tutor for the Student in terms of experience or competence (or if there are unforeseeable circumstances e.g. sickness, personal) after the initial tutoring sessions, the Tutor must inform Murphy Education giving 7 days notice of termination. If Murphy Education finds an alternative tutor for the Client during the notice period, the Tutor may be released from the 7 day notice period.
5.2 Murphy Education may also waive the notice requirement where both the Tutor and the Client agree (1) it is in the Client’s best interests, or (2) that the Tutor is not the most appropriate Tutor for the Student.
5.3 The Tutor also has the “right of substitution”. If the Tutor is temporarily or permanently unable to tutor, a Tutor can substitute a tutor (“Substitute”) of equal or superior skill and competence to continue the tutoring provided that the Tutor has given a minimum of 7 days notice to Murphy Education of the proposed substitution in writing. Either the Substitute must contact Murphy Education (or alternatively Murphy Education may contact them if the Substitute has given permission to be contacted). Murphy Education will complete a screening process with the substitute within 7 days of the proposal for the Substitute. If the Substitute is approved by Murphy Education having passed the screening and vetting process in addition to Murphy Education having taken all reasonably practical steps to ensure suitability of the Substitute as in clause 1.3, Murphy Education will propose the Substitute to the Client. Following a substitution, the Substitute will become the Student’s new tutor and the new tutor will become the Tutor and they shall be sent and required to accept the terms of this Agreement.
5.4 The Tutor and Murphy Education may terminate this Agreement between the Tutor and Murphy Education immediately on written notice where the other party is in material breach of this Agreement. Murphy Education may terminate this Agreement where the Tutor brings Murphy Education into disrepute. On such termination any ongoing tutoring already arranged may be completed by agreement between the Tutor and Murphy Education.
6 Changes to Tutoring Sessions and Holidays
6.1 In the event of unforeseen circumstances or unavoidable appointments, a minimum of 24 hours notice has to be given by the Tutor to the Client (and Murphy Education if possible) to change a session and the Tutor will try to reschedule the session at the earliest date.
7 Capacity
The Tutor should keep Murphy Education reasonably informed of their availability to accept new Introductions.
8 Tuition Fee
Murphy Education will agree with the Client an hourly fee (inclusive of (i) the Tutor’s fee and (ii) Murphy Education's commission which commission, as set out below, is paid by the Client to Murphy Education) before the Introduction commences. The Tutor’s fee will be communicated to them in writing by Murphy Education during their on-boarding process (before or at the same time as the Introduction of the Client to the Tutor).
9 Private Arrangements
9.1 The Tutor is not permitted to make private arrangements for tuition with Clients introduced to the Tutor by Murphy Education during the term of this Agreement and for a year after it ends.
9.2 If the Tutor does make a private arrangement, the Tutor will be liable to account to Murphy Education for all sums received from the Client without deduction. No further Introductions will be made to such Tutor.
9.3 If the Tutor receives a referral enquiry from a Client, the Tutor must advise the Client that Murphy Education be contacted in the first instance to arrange the tuition and such tuition must be arranged and billed through the Platform.
10 Payment
10.1 Murphy Education will provide Introductions for Clients and Students to Tutors and vice versa. A fee structure to be in force between the Client and Murphy Education will be agreed between Murphy Education and the Client which must not be changed without written authority of Murphy Education.
10.2 Murphy Education will make available the Platform through which the Tutor must record data such as their schedule and hours taught. This data will be combined with Client data obtained from Murphy Education to produce invoices to the Client for the tuition fee (which includes the Tutor’s fee and Murphy Education's Tutor’s fee).
10.2.1 The Tutor will record their schedule and hours taught on the Platform after each tutoring session in the interest of timely invoicing to Clients.
10.2.2 Once a Tutor has recorded a lesson as taken place, the Platform will raise an invoice to the Client automatically.
10.3 Murphy Education’ payment terms for Clients are 3 days.
10.4 The Tutor’s fees will be paid to them directly from the Client via the Platform and Murphy Education will not receive any money on behalf of the Tutor.
10.5 The Platform is linked to Stripe, a third-party payment provider, and the Tutor’s fee will be paid into the Tutor’s Stripe account 7 days after the Client pays their invoice. To be paid in this way, the Tutor will need to set up their own individual Stripe Express account. If the Tutor will not be receiving payment using Stripe then the Tutor should inform Murphy Education of this.
10.6 Stripe will pay out to a Tutor’s bank account on the 15th and the last day of each month.
10.7 Late payment by Clients may result in a delay of payment to Tutors.
10.8 Payment of Tutor’s fees may be delayed if the hours submitted to the Platform contain incorrect information or if it is submitted late.
11 Employment Status
11.1 The Tutor acknowledges that they are self-employed under a contract with the Client to provide tutoring services to the Student and as such the Tutor is responsible for paying any taxes and national insurance contributions which are due whether in the United Kingdom or elsewhere in relation to the payments received by the Tutor via Murphy Education under this Agreement.
11.2 The Tutor will indemnify and hold harmless Murphy Education in respect of all and any income tax and national insurance contributions which are attributable to the Tutor and relating in any way to the Tutor’s earnings whether they are held to be an employee by HMRC or otherwise including any such tax and national insurance which HMRC requires Murphy Education to pay on the Tutor’s behalf together with any interest or penalties thereon.
12 School or Other Educational Institution Teachers
In the interests of confidentiality and good practice, if the Tutor is a teacher at a school, college, university or other educational institution, Murphy Education will not place Students with the Tutor if they attend the school, college, university or other educational institution where the Tutor works as a teacher, and the Tutor is expected to keep Murphy Education informed of any such educational institutions at which the Tutor currently teaches.
13 Exclusion of Liability
Murphy Education does not accept any liability to the Tutor, the Client, the Student or any third party for any claims arising out of or related to the carrying out of the Introduction by the Tutor. The Tutor agrees to indemnify and hold harmless Murphy Education in respect of any claims for which Murphy Education is found to be liable. Nothing in this agreement shall operate to exclude or limit either party’s liability for death or personal injury, fraudulent acts or omissions or any other liability which cannot be excluded by law.
14 Confidentiality and Intellectual Property
14.1 Save as required by law, the Tutor undertakes that they shall not at any time during this agreement and thereafter without limit as to time, disclose to any person any confidential information concerning the business, affairs, customers, Clients or suppliers of Murphy Education.
14.2 The Tutor shall not use Murphy Education’ confidential information for any purpose other than to perform the Tutor’s obligations under this agreement.
14.3 Subject to clause 14.4 below, Murphy Education shall not disclose information relating to the Tutor without the Tutor’s prior consent unless it is for the purpose of providing work-finding services to the Tutor, for the purpose of any legal proceedings or otherwise required by law or to provide information to a professional body of which the Tutor is a member.
14.4 Murphy Education shall keep sufficient information to show that Murphy Education has complied with any relevant regulations and/or legislation.
14.5 The Tutor and Murphy Education shall own all copyright and other intellectual property rights in all documents and materials each generates. The Tutor undertakes not to register an intellectual property right or claim ownership of any name or domain name of Murphy Education. The Tutor shall only use the “Murphy Education” name with consent of Murphy Education in the Tutor’s marketing, social media accounts and the like.
15 Data Protection Act 2018 and UK GDPR
Murphy Education will use any Tutor’s personal data that it has collected for the purposes of the services that it provides only. The Tutor consents to the use of their personal data by Murphy Education for the purpose of effecting introductions to Clients, for billing and fee collecting purposes and to enable Murphy Education to contact the Tutor from time to time.
16 Child Protection
16.1 The Tutor agrees that they will read and follow the Murphy Education’ Child Protection Policy.
16.2 The Tutor and the Client are responsible for finding and agreeing on a suitable environment in which tuition can take place, the Tutor having taken into account and at all times following the guidance set out in the Murphy Education’ Child Protection Policy.
16.3 Unless the Client’s tutoring position does not involve an individual under the age of 18 years old or an individual who is disabled, before Murphy Education offers an Introduction to the Tutor the Tutor must provide to Murphy Education copies of relevant qualifications or authorisations and two references from persons not related to the Tutor, where those persons have agreed that Murphy Education can disclose their references to the Client.
17 Entire Agreement
Unless otherwise agreed in writing by Murphy Education, the terms of this agreement shall prevail over any other terms or conditions put forward by the Tutor and such terms may be altered from time to time provided any such change has been agreed to by the Tutor.
18 Law and Jurisdiction
English law applies to this Agreement. The parties agree to submit to the exclusive jurisdiction of the English courts in connection with any dispute.
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Client Terms
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Last updated: October 21, 2022
In this agreement:
“Platform” means a third-party tuition business management software for the purposes of scheduling lessons, invoicing of Clients and payments to Tutors and Murphy Education.
“Student” means either (1) the child for whom the Client has parental responsibility or (2) the Client where the Client is the Student.
“Tutor” means the Tutor introduced by Murphy Education to the Client to provide tuition to the Student
The terms below (“Agreement” and “Terms“) are the terms under which Murphy Education may introduce a suitable tutor(s) to the Client. By using Murphy Education’ services, the Client acknowledges that they have read and agree to these Terms. These Terms apply in addition to Murphy Education’ Website Terms and Conditions at http://murphydedu.com.com/website-terms/, Child Protection Policy at http://murphydedu.com/child-protection-policy/ and Privacy Policy at http://murphydedu.com/privacy-policy/. Where those conflict with these Terms these Terms prevail.
Murphy Education is responsible for:
– introducing Clients to an appropriate Tutor for their specific requirements and can accept no responsibility for the style or content of the tutoring sessions; the teaching methods and teaching manner which are at the Tutor’s discretion for which the Tutor is fully responsible.
– providing a Platform for the purposes of Tutors to record their schedules and hours taught and for the facilitation of payments to Tutors directly and Murphy Education directly, via a payment splitting at source approach to billing.
The Client contracts separately with the Tutor for the provision of the tutoring services for which the Client pays the Tutor directly as provided in clause 1.4 below.
1 Tuition Fees
1.1 Tuition is billed by the hour and charged to the Client on a monthly or per-lesson basis in arrears.
1.2 The Client agrees to pay the tuition fee as agreed in writing or verbally by Murphy Education.
1.3 The Client agrees to make all payments via debit/credit card via the Platform unless the Client is told otherwise by the Tutor, in which case the Client must inform Murphy Education.
1.4 The tuition fee comprises the Tutor’s fee and Murphy Education’ fee and the amount of both shall be made clear, which shall be charged as one combined sum and subsequently split at the moment of payment so that separate payments can be paid to the Tutor’s Stripe account and to Murphy Education’ Stripe account via the Platform. Murphy Education will not receive any money on behalf of the Tutor and the Client shall be responsible for paying the Tutor.
1.5 The Client shall pay the tuition fee within 3 days of the date the invoice is sent to the Client.
2 Obligations
2.1 The Client agrees to co-operate with Murphy Education and to provide sufficient information to enable Murphy Education to select a suitable Tutor, including by providing the following:
2.1.1 the Client’s name;
2.1.2 the date on which the Tutor is required to commence work and the (likely) duration of the tuition;
2.1.3 the position which the Client seeks to fill, including:
(a) the type of work the Tutor would be required to do in that position;
(b) the location at which the Tutor would be required to work (e.g. home-based for online tuition);
(c) the hours the Tutor would be required to work; and
(d) any risks to health and safety known to the Client and what steps the Client has taken to prevent or control such risks.
2.1.4 the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law, or by any professional body, for the Tutor to possess in order to undertake the Client’s work;
2.1.5 the expenses payable by (or to) the Tutor; and
2.1.6 the remuneration (any any other benefits) which the Client would offer to the Tutor, and the intervals of payment to the Tutor;
2.2 Before proposing a particular Tutor to the Client, Murphy Education shall have taken all reasonably practical steps to ensure that:
2.2.1 the Tutor and the Client are both aware of any requirements imposed by law that must be satisfied to enable the Tutor to commence tuition; and
2.2.2 it would not be detrimental to the interests of the Tutor or the Client for the Tutor to commence tuition.
2.3 Subject to clause 2.4 and 2.5, where the Student is under the age of 18, at the same time as Murphy Education proposes a particular Tutor to the Client, Murphy Education will provide the Client upon request with (“Tutor Information“):
2.3.1 the experience, training, qualifications and any authorisation which the Client considers are necessary of the Tutor; and
2.3.2 references of the Tutor.
2.4 Where Murphy Education has taken all reasonably practicable steps but has been unable to provide the Tutor Information fully as described in clause 2.3, Murphy Education may instead inform the Client of the details of the steps that Murphy Education has taken to ensure the Tutor is suitable for the tuition.
2.5 Where the Student is under the age of 18 and Murphy Education proposes a Tutor to the Client and the Tutor Information is not given to the Client in writing at the time, Murphy Education will confirm the Tutor Information to the Client in writing as soon as possible and in any event no later than the end of the third business day following the day on which the Tutor was proposed to you;
2.6 If Murphy Education obtains information that indicates that the Tutor may be unsuitable for the Client’s tuition within the following three months of the introduction, Murphy Education shall inform the Client without delay of obtaining such information.
2.7 The Client agrees to comply with the terms and conditions and privacy policy required for use of the Platform, which is currently Tutor Cruncher whose terms are at: https://tutorcruncher.com/terms/.
3 Cancellations
Changes to scheduled tutoring sessions should be kept to a minimum to avoid disruption to Student progress. Should the Client need to cancel or reschedule a tutoring session, the Client should contact the Tutor directly giving the Tutor 24 hours notice (except in unforeseeable circumstances). Please note that there can be considerable preparation involved before each tutoring session and therefore cancellations without 24 hours notice may be charged at the standard hourly rate.
4 Tutoring stopped by the Tutor
If a Tutor, for any reason, is no longer able to provide tutoring sessions for the Client, the Tutor must give 7 days’ notice to the Client and Murphy Education. Murphy Education will introduce to the Client an alternative Tutor subject to a suitable Tutor being available at the time.
5 Tuition stopped by the Client
The Client should give at least 7 days’ notice to the Tutor and to Murphy Education if the Client decides to cancel the tuition. Provided that it is in best interests of the Student and both the Client and the Tutor agree, the requirement to give notice may be waived.
6 Expenses
All expenses (e.g. books, travel) incurred by the Tutor must be agreed between the Client and the Tutor in advance.
7 Non – solicitation
Private arrangements for tuition with a Tutor introduced by Murphy Education are not permitted. Should the Client breach this obligation, they will be liable to account to Murphy Education for all sums paid to the Tutor without deduction and Murphy Education shall be entitled to take legal action to prevent further breaches. This obligation shall continue notwithstanding termination of this agreement.
8 Liability
8.1 Murphy Education is only responsible for finding Clients an appropriate Tutor for the specific subject. Murphy Education does not accept and responsibility for the style or content of the tutoring sessions, the teaching methods and teaching manner, which are to be determined by the Tutor and are the total responsibility of the Tutor.
8.2 Murphy Education does not accept any liability for any claims by the Client or the Student arising out of or related to the carrying out of the tutoring by a Tutor introduced by Murphy Education. Nothing in this agreement shall operate to exclude liability for acts omissions or other liability which cannot be excluded by law.
9 Data Protection Act 2018, UK GDPR and Confidentiality
9.1 The Client agrees to the use of their personal data and that of their children or children for whom they are responsible for whom they are arranging a tutor by Murphy Education for the purpose of effecting introductions to Tutors, for billing and fee collecting purposes and to enable Murphy Education to contact the Client from time to time and Murphy Education will use any client data for the purposes of the services that it provides under this agreement.
9.2 In addition to clause 9.1, the Client agrees to the storing of their data and/or confidential information in Murphy Education’ records to the extent that is necessary to show that Murphy Education has complied with relevant regulations and legislation.
10 Policies
Any opinion expressed by a Tutor is not necessarily an expression of the opinion of Murphy Education.
11 Entire Agreement
Unless otherwise agreed in writing by Murphy Education, the terms of this agreement shall prevail over any other terms or conditions put forward by the Client and such terms may be altered from time to time provided any such change has been notified to the Client.
12 Law and Jurisdiction
English law applies to this Agreement and the parties agree to the exclusive jurisdiction of the English courts if any disputes arise. Any complaints should first be raised with Murphy Education.