TEACHER BOOKER

TERMS AND CONDITIONS FOR TEACHERS

These pages set out information about us and the legal terms and conditions (“Terms”) on which we provide our services (“Services”) to you via our online application and platform (“App”).

Please read these Terms carefully and make sure that you understand them before using the Services.  Please note that before using the Services you will be required to register with the App, set up a personal account and profile (“Teacher Profile”) and agree to these Terms. If you refuse to accept these Terms, you will not be able to use the Services.

We may amend these Terms from time to time.  Please check these Terms periodically to take notice of any changes we make, as they are binding on you.

  1. ABOUT US

1.1              We are Teacher Booker Ltd, a company registered in England and Wales under company number 10565524 and with our registered office and main trading address at 64 Southwark Bridge Road, London, England, SE1 0AS.  

1.2              Contacting us:

    1.2.1         If you wish to contact us, including because you have any complaints or queries, you can contact us by e-mailing us at hello@teacherbooker.com.

    1.2.2         If we have to contact you or give you notice in writing, we will do so by e-mail, text, or by pre-paid post, in each case using the details you provide to us when you set up your Teacher Profile.

  1. USE OF OUR APP

Your use of the App is governed by our Terms of Use & Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

  1. OUR SERVICES

3.1              Our App enables your Teacher Profile to be uploaded to a database which is searchable by schools who are registered with the App (“Schools”), and who are looking for a supply teacher or a teaching assistant (“Teacher”) to provide them with teaching services (“Teaching Services”).

3.2              If a School requires Teaching Services, it may use the App to (i) set certain criteria and specifications in relation to both the nature of the relevant teaching assignment it requires (“Assignment”) and the profile and day rate of the Teachers it wishes to engage; and (ii) post the details of such Assignment to one or more of the Teachers who meet the School’s criteria.

  1. TEACHER PROFILE

4.1              In order to register with the App and to set up a Teacher Profile, you will be required to provide us with certain personal information and documentation (including, without limitation, your name, address, email address, mobile telephone number, bank account details, CV, teacher reference number, copies of all relevant qualifications, minimum day rate, a minimum of two personal and professional references, evidence that you are eligible to work in the UK, and an up-to-date DBS certificate) (“Personal Information”).

4.2              You will also be required to provide your explicit consent to our sharing your Personal Information and Teacher Profile (i) in accordance with the terms of our Privacy Policy; (ii) with Schools in order that we can provide the Services; and (iii) with any third parties with whom we need to share such information in order to complete the verification process set out in clause 4.4 below.

4.3              You must notify us if your Personal Information changes at any time.

4.4              Once you have registered with the App and your CV has been submitted to us for consideration, we will undertake a process of verification of your Personal Information.  Subject to the satisfactory completion of such verification, we may require you to attend an interview at our premises or via videoconference.

4.5              Once the steps set out above have been completed to our satisfaction and your Teacher Profile has been finalised, we will make your Teacher Profile visible to Schools and you will be able to make use of the Services.

4.6              We reserve the right at any time, and at our sole discretion, to (i) refuse to provide the Services; and (ii) remove your Teacher Profile from the App.

4.7              If you would like your Teacher Profile to be removed from our App or if you no longer wish us to share your Personal Information as per clause 4.2, please contact us using the details set out in clause 1.2.1 above.

  1. TEACHING ASSIGNMENTS

5.1              A School may use our App to post an Assignment which is to commence either (i) on the same or next day (“Short Notice Assignment”); or (ii) on any other date in the future (“Future Assignment”).

5.2              If a School elects to post an Assignment to one or more Teachers, they will each receive a notification (“Notification”).  The Notification will set out:

    5.2.1         the commencement date and duration of the Assignment;

    5.2.2         the profile of the School;

    5.2.3         the location of the Assignment (if different to that set out in the profile of the School);

    5.2.4         the day rate payable to you for the Teaching Services required;

    5.2.5         expenses payable to you (if any);

    5.2.6         details of any relevant behavioural or other policies of the School;

    5.2.7         any health and safety issues involved in the Assignment;

    5.2.8         the time at which you will be required to attend the Assignment and the details of the individual to whom you are to report;

    5.2.9         the hours you will be expected to work;

    5.2.10   notice requirements for the Assignment (if applicable);

    5.2.11   details of the qualifications and experience required for the Assignment;

    5.2.12   details of any documents or forms of identification you will be required to take to the Assignment;

    5.2.13   any terms and conditions which may apply to the provision of the Teaching Services; and

    5.2.14   any other relevant details of the Assignment.

Short Term Assignments

5.3              Where a Notification relates to a Short Notice Assignment, the Teaching Services shall be provided by the first Teacher to accept such Assignment.

5.4              If you are the first Teacher to accept a Short Notice Assignment, you will be sent confirmation that you were the first to accept.  It is upon the provision of such confirmation that a binding contract (“Contract”) is formed between you and the School, and you become subject to the obligations set out in clause 6.

5.5              You acknowledge and accept that unless you receive confirmation that you were the first Teacher to accept a Short Notice Assignment, you have not successfully accepted such Assignment and shall not be providing the Teaching Services in respect thereof.

Future Assignments

5.6              Where a Notification has been sent in relation to a Future Assignment, the School may consider all Teachers who register an interest in such Assignment (regardless of the order in which they do so), and then select from that group which Teacher they wish to provide the Teaching Services.

5.7              If you are the Teacher so selected, you must accept or decline the Future Assignment within any acceptance deadline set by the School.  If you accept the Future Assignment, it is upon such acceptance that the Contract is formed between you and the School, and you become subject to the obligations set out in clause 6.  If you do not accept the Future Assignment, the offer shall be deemed to have been withdrawn and the School shall be free to offer the Assignment to another Teacher.

Withdrawal

5.8              A School may withdraw an offer of an Assignment at any time provided that it has not been accepted by a Teacher.

Your Contract with the School

5.9              The Contract shall be deemed to comprise (i) the Notification; and (ii) the contract terms set out in the schedule to these Terms.

5.10           The Contract shall be personal to you and the School and we shall have no liability or obligations thereunder.

  1. YOUR OBLIGATIONS TO THE SCHOOL 

6.1              You shall:

    6.1.1         attend at the address of the School and report to the relevant individual, each as set out in the Notification;

    6.1.2         for the full duration of the Assignment, provide the Teaching Services to the School with all due care, attention and skill;

    6.1.3         agree to provide the Teaching Services at the day rate set out in the Notification;

    6.1.4         act in accordance with all reasonable instructions of the School;

    6.1.5         comply with any and all policies and/or terms and conditions provided to you by the School and/or as may be set out in the Notification;

    6.1.6         take with you to the Assignment all documents or forms of identification you are requested to take in the Notification; and

    6.1.7         act in full accordance with any other requirements set out in the Notification.

6.2              You give your consent to the School providing feedback to us in relation to you and your performance of the Teaching Services.

  1.  CHARGES AND PAYMENTS

7.1              The day rate payable to you by the School in respect of any Teaching Services you provide shall be as set out in the Notification.

7.2              At the end of each week during which you provide Teaching Services to a School, we will on your behalf issue an invoice to the School for the amounts payable to you during that week.  Each invoice shall set out instructions to the School to make payment to you via our payment processing system.

7.3              We shall facilitate via our payment processing system any payments actually made to you by the School, but we shall not under any circumstances be liable or responsible for any amounts owed to you by the School, or any delay in payment by the School.  Any claims you may have for payment or late payment shall be brought directly by you against the School.

7.4              You shall be fully responsible in relation to any income tax, National Insurance and social security contributions and any other tax liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Teaching Services (“Claims”), and you shall indemnify us against all liabilities arising out of in connection with any such Claims.

  1.  WARRANTIES AND INDEMNITY

8.1              You warrant, represent and undertake to us that:

    8.1.1         your Personal Information and Teacher Profile shall at all times be true, accurate, not misleading, and up to date;

    8.1.2         you have no criminal convictions in the UK or in any other jurisdiction;

    8.1.3         you shall provide the Teaching Services with all due care and skill and in accordance with the terms of the Notification and any policies or reasonable instructions of the School;

    8.1.4         you have the requisite power, authority and capacity to enter into the Contract and to perform any Teaching Services pursuant to an Assignment;

    8.1.5         you do not have any medical condition which might reasonably be considered to adversely affect your ability to perform an Assignment;

    8.1.6         you have no conflicts of interest that would compromise your ability to provide the Teaching Services to a School pursuant to an Assignment, or which would create an appearance of impropriety in regard to the provision of the Teaching Services;

    8.1.7         you will exercise in the performance of the Teaching Services a standard of skill, care and diligence that can be expected of a properly qualified and competent supply teacher or teaching assistant (as applicable) experienced in providing services similar to those to be provided pursuant to an Assignment;

    8.1.8         the execution and performance by you of any Teaching Services shall not violate any law or regulation and does not constitute a breach of any contract you are a party to;

    8.1.9         you shall at all times act in accordance with all applicable laws and regulations (including, without limitation, all health and safety and data protection legislation);

    8.1.10      you shall not initiate or participate in any action or conduct tending to injure, bring into disrepute, ridicule, damage or destroy the goodwill of us or any School; and

    8.1.11      you shall take full responsibility for the matters set out in clause 7.4 above.   

8.2              You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with (a) any breach of the warranties and representations contained in clause 8.1 above, or (b) any of your acts or omissions.

  1.  OUR RELATIONSHIP

Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or relationship of employment or agency between us.

  1.  OUR LIABILITY

10.1           We do not in any way exclude or limit our liability for:

    10.1.1   death or personal injury caused by our negligence;

    10.1.2   fraud or fraudulent misrepresentation; or

    10.1.3   any matters which may not be excluded as a matter of law.

10.2           Subject to clause 10.1, our total liability to you in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £10,000.

10.3           Except as expressly stated in these Terms, we do not give any representations, conditions, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

10.4           You acknowledge and accept that:

    10.4.1   we do not have any control over the provision or content of any Notification and give no warranties or representations as to the accuracy of any such content;

    10.4.2   we do not guarantee that any Assignments will be offered to you; and

    10.4.3   subject to clause 10.1, any claims relating to an Assignment or a School shall be raised with or made against the School or relevant third party, and not against us.

  1. EVENTS OUTSIDE OUR CONTROL

11.1           We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an Event Outside Our Control.

11.2           An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks (including internet service provider outages) or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

11.3           If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

    11.3.1   we will contact you as soon as reasonably possible to notify you; and

    11.3.2   our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

  1. GENERAL

12.1           These Terms and any document expressly referred to in them, our Privacy Policy, Terms of Use, and Acceptable Use Policy constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

12.2           You acknowledge that in agreeing to these Terms you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them or in our Privacy Policy, Terms of Use and Acceptable Use Policy.

12.3           We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.  You have no right to transfer your rights or obligations under these Terms.

12.4           These Terms are between you and us. No other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.  Our right to vary these Terms are not subject to the consent of any other person.

12.5           Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

12.6           If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12.7           Any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

12.8           We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

SCHEDULE

CONTRACT TERMS BETWEEN THE TEACHER AND THE SCHOOL

This Contract is made by:

(1)            Teacher; and

(2)            School

  1.                 DEFINITIONS
App means Teacher Booker’s online application and platform which enables the School requiring Teachers for Assignments to search for Teachers available to work.
Assignment means a specific teaching assignment required by the School.
Notification means a notification posted by the School via the App which sets out:

a. the commencement date and duration of the Assignment;

b. the profile of the School in the form set out in the App;

c. the location of the Assignment (if different to that set out in the profile of the School);

d. the day rate payable to the Teacher for the Teaching Services required;

e. expenses payable to the Teacher (if any);

f.   details of any relevant behavioural or other policies of the School;

g. any health and safety issues involved in the Assignment;

h. the time at which the Teacher will be required to attend the Assignment and the details of the individual at the School to whom he or she is to report;

i.   the hours the Teacher will be expected to work;

j.   notice requirements for the Assignment (if applicable);

k.   details of the qualifications and experiences required for the Assignment;

l.   details of any documents or forms of identification the Teacher will be required to take to the Assignment;

m.   any terms and conditions which may apply to the provision of the Teaching Services; and

n. any other relevant details of the Assignment.
Teacher Booker means Teacher Booker Ltd, a company registered in England and Wales under company number 10565524.
Teaching Services means the teaching services to be provided by Teachers to the School pursuant to the terms of the Assignment.
  1. TEACHER’S UNDERTAKINGS

2.1              The Teacher undertakes to the School that he or she shall:

    2.1.1         attend at the address of the School and report to the relevant individual, each as set out in the Notification;

    2.1.2         for the full duration of the Assignment, provide the Teaching Services to the School with all due care, attention and skill;

    2.1.3         agree to provide the Teaching Services at the day rate set out in the Notification;

    2.1.4         act in accordance with all reasonable instructions of the School;

    2.1.5         comply with any and all policies and/or terms and conditions provided by the School and/or as may be set out in the Notification;

    2.1.6         take to the Assignment all documents or forms of identification requested to be taken in the Notification; and

    2.1.7         act in full accordance with any other requirements set out in the Notification.

  1. SCHOOL’S UNDERTAKINGS

3.1              The School undertakes to the Teacher that it shall:

    3.1.1         provide all information that the Teacher requires in order to perform the Teaching Services;

    3.1.2         at all times deal with the Teacher in good faith;

    3.1.3         keep and maintain adequate insurance cover against all losses and liabilities and other risks that are normally insured against by a school (including, without limitation, buildings insurance and third party liability insurance);

    3.1.4         comply with all applicable law (including, without limitation, all relevant employment, health and safety, and data protection legislation and regulations) in relation to the Assignment and the provision by the Teacher of the Teaching Services; and

    3.1.5         pay promptly via Teacher Booker’s payment processing system (and in accordance with the terms of any invoices submitted to it) all sums owed to the Teacher for the Teaching Services performed, it being acknowledged and accepted by the School that it shall in all circumstances be solely responsible for the remuneration of any Teachers engaged via the App.

  1. GOVERNING LAW

4.1              Any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

4.2              The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).