1. Introduction

When using Bespoke Tuition IOM’s website or services, the term ‘we’ or ‘us’ or ‘our’ or Bespoke Tuition IOM refers to Bespoke Tuition Ltd, an Isle of Man registered limited company number 133282C. The term ‘you’ refers to the person visiting the website or using our services.

When using our website or services, you automatically accept and are bound by Bespoke Tuition Ltd’s Terms and Conditions. You should not use our website or services if you disagree with our Terms and Conditions in any way.

2. Intellectual Property and Accuracy

a) All intellectual property rights and material on the Bespoke Tuition IOM website are wholly owned by Bespoke Tuition IOM. All rights are reserved.

b) Although the greatest care has been taken to ensure the accuracy of the information on this website or documents produced by Bespoke Tuition IOM, the information is provided without any guarantee or warranty of the suitability of the content. You are fully aware that Bespoke Tuition IOM shall not be made liable in connection with the use of the information received or services purchased.

c) It is up to you, the user, to be sure that anything available (such as products, services and information) through the Bespoke Tuition IOM’s website is specific to your requirements.  Bespoke Tuition IOM accepts no responsibility if what is offered does not meet expectations.

d) The content on any part of the Bespoke Tuition IOM website can change without any notice.

e) All material on the Bespoke Tuition IOM website is owned by us and may not be reproduced in any way unless permission is given. 

f) Bespoke Tuition IOM does not allow any part of its content to be linked to another website without written permission.

g) Any other website links that are seen on the website are for your use but this does not mean to say that Bespoke Tuition IOM wholly agrees with the content of these websites nor does Bespoke Tuition IOM accept responsibility for the content published on these linked websites.

3. Definitions

In these Terms and Conditions the following definitions apply:

“Bespoke Tuition IOM” refers to Bespoke Tuition Ltd, an Isle of Man registered limited company number 133282C, with a registered office at 88 Cronk Cullyn, Colby, Isle of Man, IM9 4PS.

“Client” means the person who engages a tutor introduced by Bespoke Tuition IOM.

“Tutor” means the person who appoints Bespoke Tuition IOM as their agent to provide clients.

“Engagement” means the client using a tutor for tuition.

“Services” means the collective online facilities, tools, services or information that Bespoke Tuition IOM makes available to the client or tutor through the website, email, by phone, by mail or in person.

4. Terms Applicable to Clients Only

4.1 Bespoke Tuition IOM Responsibilities

When instructed, Bespoke Tuition IOM will recommend a tutor to the client for an engagement. Bespoke Tuition IOM is acting as the agent of the tutor. The client and tutor enter into an agreement for tuition when accepting an engagement through these terms and conditions. Invoices will be produced by Bespoke Tuition IOM at the end of each month electronically.

4.2 Client Responsibilities

The client agrees to pay an agreed hourly rate for the tuition lessons. The client agrees to pay for the lessons before the lessons commence.

4.3 Fees

The tuition fees will be billed pro-rata based upon the length of the lesson. Tuition fees are non-refundable after the lessons have taken place. Any credit balance will be refunded to the client at the end of the engagement. Any expenses, such as travel expenses or books, should be agreed before the tuition takes place.

4.4 Cancellation of Engagement

The client can cancel the engagement at the end of the school term.

If a tutor is deemed unsuitable by the client or the tutor withdraws from the engagement then Bespoke Tuition IOM will endeavour to recommend an alternative tutor.

4.5 Cancellation of Scheduled Lesson

Lessons are usually scheduled for a full term in advance. Once scheduled, the student is expected to attend until the end of term. However, if the student is sitting exams in Y11 or Y13 then the lessons will only be scheduled until the exam.

Generally, all cancelled lessons are chargeable. However, we will not charge for the first cancelled lesson per term, provided that 48 hours notice is given.

4.6 Liability

No liability is accepted by Bespoke Tuition IOM for any claim made by a client that is to do with the tutoring carried out by a tutor introduced by Bespoke Tuition IOM or visits to the client’s home. The final decision to engage a tutor rests with the client. In no circumstances shall Bespoke Tuition IOM’s total liability to the client, whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise, exceed the fee payable by the client. Bespoke Tuition does not guarantee the achievement of certain grades in exams and cannot be held liable in this regard.

4.7 Non-Solicitation

Under no circumstances can the client enter into a private arrangement with the tutor that was introduced by Bespoke Tuition IOM. In this event, the client should expect Bespoke Tuition IOM to obtain an injunction against them to stop this from this happening again. The client will also be liable to account to Bespoke Tuition IOM for the entire amount paid to the tutor.

5. Terms Applicable to Tutors only

5.1. Bespoke Tuition IOM Responsibilities

Bespoke Tuition IOM will seek tuition work for the tutor.

Bespoke Tuition IOM will assist the tutor in the administration of the engagement by:

• Scheduling of the lessons in the computer system.

• Providing the client with a monthly invoice.

• Providing a list of completed lessons and fees charged by the tutor via a payment order. The tutor is responsible for checking the accuracy of the payment order.

• Resolving any queries and/or complaints made by the client.

A service fee will be charged by Bespoke Tuition IOM for the initial introduction of the client and ongoing administrative services provided to the tutor.

5.2. Tutor Responsibilities

Bespoke Tuition Ltd is acting as the agent of the tutor.

The tutor agrees that they are self-employed for taxation purposes and are not employees of Bespoke Tuition Ltd. The tutors are responsible for informing the Isle of Man Treasury of their self-employed status (for those based in the Isle of Man) or HMRC (for online tutors in the UK).

The tutor agrees that Bespoke Tuition IOM can invoice the clients on behalf of the tutor and pay the net amount to the tutor after deduction of the service fee (for client introduction and administrative services). The tutor is responsible for checking the accuracy of lessons provided in the previous month.

The tutor is responsible for providing tuition services to the client and for rescheduling lessons if required.

5.3 Liability

Bespoke Tuition IOM will not be liable for the failure to introduce any clients to the tutor. The introduction of clients is not guaranteed and no such guarantee should be inferred. Also, Bespoke Tuition IOM is not responsible for the actions of tutors when visiting a client’s home and therefore any public liability insurance is the responsibility of the tutor.

5.4 Non-Solicitation

The tutor is not allowed to enter into a private arrangement with the client that was introduced by Bespoke Tuition IOM. In the event of this taking place, the tutor will be liable to account to Bespoke Tuition IOM for the entire amount paid to the tutor with no reduction. The tutor should expect Bespoke Tuition IOM to obtain an injunction against them to stop this from this happening again. Additionally, any further engagements requested by the client (such as tuition for a family member) must be referred to Bespoke Tuition IOM.

5.5 Confidentiality

The tutor is of the understanding that he or she must not at any time during this agreement, or for a period of three years after this agreement terminates, disclose to any person any confidential information that concerns the affairs, customers, clients, business or suppliers of Bespoke Tuition IOM. The only exception being that you may disclose any of Bespoke Tuition IOM’s confidential information if required to by law or any government or regulatory authority.

6. Damages

No liability is accepted by Bespoke Tuition IOM for any claims made by the client that relates to any tutoring sessions carried out by a tutor that they have introduced. The tutor also agrees to indemnify Bespoke Tuition IOM without limit in respect of any of these claims.

7. Legal

In the event of any dispute between the parties it shall be governed by the jurisdiction of the Isle of Man courts only, unless otherwise agreed between the parties. However, it is hereby agreed and declared that all reasonable endeavours will be used to resolve the dispute without immediate recourse to litigation. If not mutually resolved, it is further agreed that all reasonable endeavours will be used to resolve the dispute by a formally recognised alternative dispute resolution process i.e. mediation, arbitration or expert determination.  

8. Changes to These Terms & Conditions

Bespoke Tuition IOM may change these terms & conditions by posting the revised version on the website. Please check the website from time to time. Users will be bound by the revised terms and conditions if they continue to use the website or services following the effective date shown.

The terms & conditions should be read in conjunction with the privacy policy which is also published on the website.

1 March 2024