1. Introduction
1.1 Next Steps Education Ltd provides Tutors who teach Lessons to Students on behalf of third party Commissioners such as local authorities, schools and children’s services and with the agreement of Parents. All of these terms and conditions apply to Students, Tutors, Commissioners and Parents unless they specifically state otherwise, or are marked with a “T”, when they only apply to Tutors, “S”, when they only apply to Students, “C”, when they only apply to Commissioners and “P”, when they only apply to Parents. Clause 5 only applies to Tutors. These terms and conditions replace any previous versions of them.
1.2 Next Steps Education Ltd is owned and operated as an employment business, as set out by the Department of Business, Energy & Industry Strategy, by Next Steps Education Ltd, trading as Next Steps Tutors and Next Steps. Next Steps Education Ltd is a limited company registered in England and Wales under company number 14678306. Next Steps Education Ltd’s registered office is at 2 Cleveland Park, Bideford, Devon EX393QH. Next Steps Education
Ltd’s other contact details are set out on the Website, which is at https://nextstepseducation.org.
1.3 By registering on or using our Portal, the Tutor, the Student, the Commissioner and the Parent agrees to be bound by these terms and conditions. These terms and conditions are legally binding – every Tutor, Student, Commissioner and Parent should read them fully before agreeing to them. (Please print or save these terms for future use as Next Steps
Education Ltd will not keep a file copy specifically for the Tutor, Student, Commissioner and Parent and Next Steps Education Ltd cannot guarantee that they will remain accessible on the Portal in future). If a Tutor, Student, Commissioner and Parent does not wish to be bound by these terms, they should not use the Portal.
1.4 Where the person who agrees these terms and conditions contracts on behalf of a company/organisation, they hereby confirm that they have authority to act on behalf of that entity.
1.5 Certain words are defined in clause 17 (Definitions) of these terms and conditions and are capitalised throughout.
2. Next Steps Education Ltd Rights & Responsibilities
This clause sets out what Next Steps Education Ltd promises to do:
2.1 To match Students with suitable Tutors on behalf of Commissioners where possible and to provide a system for Commissioners to see session dates and reports for Lessons and Tutors to receive payments for Lessons. Contracts between Commissioners and Next Steps Education Ltd, and Next Steps Education Ltd and Tutors will be temporary in nature and of any duration. Contracts of 7 days will continue on a rolling basis once the initial 7 days have
passed, unless otherwise agreed between Commissioners, Next Steps Education Ltd and Tutors.
2.2 To maintain a functioning booking/ payment Portal, including communication systems, wherever possible. Next Steps Education Ltd cannot guarantee that the Portal will always be available, or that it will always work, but it will try to have it up and running properly at all times. Every now and again, the Portal might need to be taken offline for maintenance purposes.

2.3 To communicate any planned maintenance of the Portal or downtime.

2.4 To use reasonable endeavours to check the identity of all Tutors and the background checks of all Tutors in line with  he most current KCSIE policy issued by the Department of Education and the UK government. (But if a Student is concerned about any Tutor, do not meet a Tutor alone.)
2.5 To decide when a Tutor’s profile is sufficiently complete to be set live on the Portal and be accessible by Next Steps Education Ltd’s booking team.
2.6 To communicate new Bookings, confirmation of Bookings and cancellations, to Commissioners, Parents and Tutors via the Portal and by email (except where a Parent or Tutor has chosen to alter their notification settings to exclude email communication).
2.7 To endeavour to give Tutors at least 72 hours notice of new Bookings, unless otherwise agreed on a Booking by Booking basis with the Tutor.
2.8 To endeavour to ensure that each Commissioner’s payment of Lesson Fees and the payment of each Tutor’s Tutor Fees are processed promptly through Next Steps Education Ltd and Tutor Payments.
2.9 To endeavour to ensure Complaints are considered promptly and in accordance with these terms and conditions.
2.10 To endeavour to ensure that refunds to Commissioners are made promptly in accordance with these terms and conditions.
2.12 To take precautions Next Steps Education Ltd consider appropriate to protect Commissioners’, Parents’, Students’ and Tutors’ information.
2.13 To monitor postings made on the Portal and messages sent between Students, Parents and Tutors. Next Steps Education Ltd does so in the hope of helping Students, Parents and Tutors work together, but also to stop misuse of the Portal, as set out in these terms and conditions.
3. User Responsibilities – this applies to Commissioners, Parents, Students and Tutors, and anyone else who uses the Portal, the Website, Next Steps Education Ltd WhatsApp groups and our Google Classrooms
3.1 Users are responsible for their own security in conjunction with the services through the Website, Google Classrooms, WhatsApp and the Portal, both online and offline.
3.2 Users must immediately report to Next Steps Education Ltd any defamatory, offensive or illegal material they view on the Portal or within Next Steps Education Ltd’s Google Classrooms.

3.3 Users must exercise their own judgement regarding the accuracy of information provided on the Website. Next Steps Education Ltd cannot and does not guarantee that all of the content on the Website is complete, accurate or up-to-date.

3.4 Users must contact Next Steps Education Ltd immediately if they believe their password has been compromised. Users will be responsible for the actions of any interactions conducted in their name until they have notified Next Steps Education Ltd that they believe their password has been compromised.
3.5 Users must not use the Website, Portal, Google Classrooms or WhatsApp groups with the intention of engaging directly with other Users outside of the Next Steps Education Ltd environment. Users must not promote opportunities or services of any company other than Next Steps Education Ltd on the Website, Portal, Google Classroom or WhatsApp group.
3.6 Users agree to abide by the Privacy Policy provided through the Website and Portal.
3.7 Any User who fails, in Next Steps Education Ltd’s opinion, to comply with these terms and conditions may be immediately suspended from using the Website, Portal, Google Classroom, WhatsApp group and any related services. Next Steps Education Ltd reserves the right to cancel any existing bookings in such circumstances.
4. Student Responsibilities
4.1 Next Steps Education Ltd is not responsible for the acts or omissions of Students, Parents, Commissioners or Tutors and is solely responsible for its own acts or omissions.
4.2 By confirming their Booking for their first Lesson with a Tutor, the Commissioner authorises Next Steps Education Ltd to make further Bookings on their behalf and authorises Next Steps Education Ltd to invoice for each Lesson in accordance with these terms and conditions. Further Bookings made by a Next Steps Education Ltd on behalf of a Commissioner after the first Lesson will, therefore, be confirmed automatically.
4.3 When a Booking is confirmed, the Commissioner enters into a direct contract with Next Steps Education Ltd for the provision of Lessons, who hold liability in relation to the Tutor’s provision of lessons.
4.4 Commissioners must ensure that they have given enough information to the Tutor, including their correct address, to allow the Lesson to take place. If a Lesson is to take place at the Student’s home, the Parent must provide a suitable setting for tuition and an adult must be present with the Student at all times whilst the Tutor is present.
4.5 Parents of Students are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson. No refunds will be made in the event that Students are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of Next Steps
Education Ltd, or any of our Tutors failing to provide the services outlined in clause 2.2 of
these terms and conditions.

4.6 Any Student who fails, in Next Steps Education Ltd’s reasonable opinion, to comply with these terms and conditions may be immediately barred from using the Website, Platform, Google Classroom and any related services. Next Steps Education Ltd reserves the right to cancel any existing Bookings in such circumstances.
4.7 Cancellations: Parents and Commissioners may cancel or reschedule any Booking. In the event of a cancellation, the full fee will still be charged to the Commissioner unless the Commissioner is requesting the end to a series of Bookings and giving at least 72 hours notice.
4.8 Nothing in these terms and conditions affects a Commissioner’s statutory rights.
4.9 Simply by agreeing to these terms and conditions, a Commissioner is not required to sign up withNext Steps Education Ltd or make any Bookings.
4.10 Subject to paying for any Bookings used, a Commissioner may cease to use Next Steps Education Ltd’s service with 72 hours’ notice.
4.11 Students, Parents, Tutors and Commissioners agree to not use any means to record lessons separately to Next Steps Education Ltd. This includes storing or sharing them other than those distributed for Students use in any associated Google Classroom.
5. Tutor Status and Responsibilities
5.1 Tutors are not employees of Next Steps Education Ltd and are solely responsible for their own actions both on and off the Portal, our Google Classrooms and our WhatsApp groups.
5.2 Tutors must be legally entitled (possessing the relevant immigration status where relevant) to work in the UK on a self-employed basis.
5.3 Tutors are responsible for ensuring that the personal information they provide and their personal statements on the Portal are accurate and in no way misleading. They must update this information promptly to maintain its accuracy. Tutors must supply Next Steps Education Ltd with relevant ID documentation, background check documentation, current CV and
qualification certificates. These must be uploaded to and kept on the Portal within the documents section of their profile.
5.4 Tutors must disclose any criminal convictions or cautions they may have to Next Steps Education Ltd, including any criminal convictions or cautions received at any time after having registered with Next Steps Education Ltd and for as long as the Tutor remains registered.
5.5 Tutors claiming Background Checked Status must meet the requirements set out in clause 16.4 of these terms and conditions.
5.6 Any Tutor who, in Next Steps Education Ltd’s opinion, fails to comply with these terms and conditions may be immediately dismissed from Next Steps Education Ltd and relate services. Next Steps Education Ltd reserves the right to cancel any existing Bookings at any time in such circumstances.

5.7 Tutors must use their own judgement about whether they wish to offer their tuition services to each individual Student. Tutors must take every precaution to ensure that they work in a safe environment. Next Steps Education Ltd maintain Insurance Policies to cover the work undertaken by Tutors however Tutors can maintain their own insurance policies alongside those of Next Steps Education Ltd..
5.8 Tutors agree that they will be given Parent ratings on the Platform and the number of Lessons taught will be recorded.
5.9 Tutors should make Bookings for Lessons and respond to messages received from Next Steps Education Ltd and Users promptly.
5.10 For any meetings (including lessons, trials or assessing student need) with a Student organised by Next Steps Education Ltd, Tutors must make a Booking to account for this time using the Portal. Tutors agree not to solicit Students or disintermediate Next Steps Education Ltd, or attempt to solicit Students or disintermediate Next Steps Education Ltd, in any way, at the time of booking any Lesson with any Student, during any period of confirmed Bookings with any Student or at any time within six months of the date of the most recent Booking with the relevant Student (the “Tutor Restriction Period”).
5.11 Tutors must not complete or intend to complete coursework, or any similar assignments, on behalf of Students.
5.12 Tutors must ensure that all written communication with Parents to organise Bookings and arrange Lessons takes place via the Portal or Next Steps Education Ltd’s WhatsApp Groups.
5.13 Tutors shall indemnify Next Steps Education Ltd for all claims and liabilities arising out of any use by the Tutor of the Portal, including any costs and expenses incurred.
5.14 Tutors are responsible for ensuring that they have the correct equipment to be able to access their own Online Classroom prior to an Online Lesson. Tutors will be liable to refund any fees received for an Online Lesson in the event that they are unable to access their own Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of Next Steps Education Ltds failing to provide the services outlined in clause 2.2 of these terms and conditions.
5.15 Tutors are responsible for ensuring that they have the correct Lesson location and are at the Lesson location ready to teach at the agreed time as booked on the Portal. Tutors who are late for a Lesson must provide evidence that they contacted the Parent directly to make them aware of their lateness and that the Parent was happy to take the Lesson at a later time.

5.16 Users acknowledge that all lessons participated in should be recorded by them and agree to the storage and use of such recordings by Next Steps Education Ltd in any relevant Google Classrooms.
5.17 Tutors acknowledge and agree to recordings being shared with a Student, Parent, Commissioner or Next Steps Education Ltd.
5.18 Tutors who wish to stop providing services to a client or to Next Steps Education Ltd agree to give 72 hours notice to Next Steps Education Ltd, so that Next Steps Education Ltd are able to continue supplying a service to Commissioners and Students with a replacement Tutor.
5.19 From time to time, Next Steps Education Ltd may offer Tutors discounted Continued Professional Development training from other organisations. Tutors are under no obligation to pay for or complete any training offered. Terms and conditions for any Continued Professional Development offered will be separate to the Terms and Conditions herein.
6. Payment
6.1 The Lesson Fee payable by a Commissioner for a Lesson will be confirmed at the time of Booking. The Lesson Fee will also be displayed on the Commissioner’s lessons dashboard on the Portal, in invoice emails and, following Lessons, in emails confirming receipt of payment.
6.2 A Lesson Fee will be invoiced by Next Steps Education Ltd. All fees exclude any applicable VAT or other sales tax.
6.3 (“T”) A Tutor’s fee will be agreed between the Tutor and Next Steps Education Ltd in advance of a Lesson and be within the range of the current Teachers’ Pay and Conditions. A Tutor’s fee is paid on a self-employed basis.
6.4 If any Commissioner or Parent cancels a Booking less than 72 hours before the relevant Lesson is due to commence, payment may be taken after the Lesson is due to end.
6.5 If a Lesson does not take place because a Student does not attend and the Student did not confirm with Next Steps Education Ltd or their Tutor prior to the lesson then the Commissioner will be charged the full Lesson Fee.
6.7 Tutor invoices are settled monthly on the last day of the month by Next Steps Education Ltd. By agreeing to these terms and conditions or continuing to operate as a Tutor with Next Steps Education Ltd, the Tutor agrees to be bound by Next Steps Education Ltd’s Terms and the Tutor agrees to provide Next Steps Education Ltd with accurate and complete information about themselves and, where relevant, their business, and each Tutor authorises Next Steps Education Ltd to share with Commissioners such information.
6.8 Next Steps Education Ltd normally transfers a Tutor’s Tutor Fee from the Portal connected account to the Tutor’s nominated account on the last day of each month, provided the relevant bank account details have been provided in the Portal.

7. Cancellations
7.1 A Parent or Commissioner may cancel a Booking at any point before the scheduled start time of a Lesson. Lessons will still be charged to the Commissioner.
7.2 A Parent or Commissioner may cancel a Lesson by cancelling the relevant Booking on the Portal or through direct contact with the Tutor, such as by WhatsApp.
7.4 Tutors may cancel a Booking at any time prior to a Lesson taking place. To do so, Tutors must inform the Parent directly via the Portal or via a Next Steps Tutors’ WhatsApp group chat and cancel the Booking on the Portal. In the event of a Tutor cancelling a Booking, the Student will not be charged any Lesson Fee or, if the Commissioner has paid the Lesson Fee, will receive a full refund.
7.5 Bookings cannot be cancelled after the Lesson has started.

8. Missed Lessons and Complaints
8.1 As defined at the end of these terms and conditions, a “Complaint” covers any cause for the Commissioner to seek a refund as a result of the service provided by the Tutor, including, but not limited to, a Missed Lesson (where the Tutor did not attend a Lesson booked on the Portal) or a claim about quality (where the Commissioner feels that the service provided by a Tutor falls below the standards they reasonably expected).
8.2 A Commissioner should inform Next Steps Education Ltd of a Complaint by either phone or email within 72 hours after the scheduled finish time of the relevant Lesson.
8.3 When a complaint has been received from a Commissioner, Next Steps Education Ltd will contact the Tutor within 72 hours of the complaint being received, by email and text message to inform the Tutor that a complaint has been raised.
8.4 Should a Commissioner inform Next Steps Education Ltd of a complaint within 72 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform Next Steps Education Ltd of their desire to dispute the complaint (and reject the associated refund request). Should the Tutor not dispute the complaint within 48 hours of being notified of the complaint, Next Steps Education Ltd, as the agent of the Tutor, will process a full refund to the Commissioner. Next Steps Education Ltd will promptly inform the Commissioner of the Tutor’s decision whether or not to uphold their complaint by email and, if upheld, authorise the associated refund.
8.5 Should a Commissioner inform Next Steps Education Ltd of a complaint more than 72 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform Next Steps Education Ltd by email or phone of their desire to uphold the complaint (and authorise Next Steps Education Ltd on the Tutor’s behalf to award the associated
refund of the Tutor Fee). Should Tutors not contact Next Steps Education Ltd within 48 hours to uphold the complaint, Next Steps Education Ltd, as the agent of the Tutor, will inform the Commissioner by email of the Tutor’s decision to reject their complaint and reject the associated refund request.

8.6 Should the Commissioner and Tutor not reach an amicable agreement regarding a complaint, the Commissioner is entitled to make a claim against the Tutor in relation to the complaint. As set out in clause 8.7, Next Steps Education Ltd accepts no liability in relation to complaints and the services provided by a Tutor.
8.7 Should Next Steps Education Ltd find that a Missed Lesson occurred due to any failure of Next Steps Education Ltd to meet the terms set out in clause 2 of these terms and conditions, Next Steps Education Ltd will refund the Commissioner any Fee paid.
8.8 Next Steps Education Ltd reserves the right to offer any Commissioner, as a gesture of goodwill, payment of a sum equivalent to the full Lesson Fee. Such a payment will be awarded solely at Next Steps Education Ltd’s discretion.
9. Failed Payments
9.1 As defined in clause 16.5, ‘Failed Payment’ means an outstanding Lesson Fee for a Booking, for which Next Steps Education Ltd has not received a successful payment from the Commissioner.
9.4 As the agent of the Tutor, Next Steps Education Ltd reserves the right to protect the Tutor from further loss of earnings by cancelling Lessons and their associated Bookings at any point with a Commissioner who has an outstanding Failed Payment (including for a Commissioner who has an outstanding Failed Payment for a Booking with another Tutor).
9.5 In the case of a Failed Payment still being outstanding 30 days after the scheduled end of the relevant Lesson, Next Steps Education Ltd retain the right to cancel all of the Commissioner’s further Bookings and inform the Tutor that Next Steps Education Ltd has been unable to collect payment on their behalf. The Tutor must not make any further Bookings for Lessons with the Commissioner until the Failed Payment has been settled for the full Lesson Fee.
9.6 As the agent of the Tutor, Next Steps Education Ltd may continue to seek payment to cover Failed Payments from the Commissioner for ninety days following the scheduled end of the relevant Lesson, by contacting the Commissioner by email, SMS and/or phone.
9.7 The Commissioner accepts that Next Steps Education Ltd reserves the right to pass bad debts for Lesson Fees to third party debt collection services, and acknowledge that their credit rating may be affected.
9.8 Next Steps Education Ltd are liable to the Tutor for any lost earnings resulting from any Failed Payment.
10. Child Protection
10.1 Next Steps Education Ltd seeks to provide the best service possible and provide a safe experience in which children can learn.
10.2 Any User who is the parent of a child under the age of 18 who has a Lesson with a Tutor should not leave the child in the sole care of that Tutor.

10.3 All Tutors must comply with the The Tutors’ Association Child Protection Policy, whether or not they are a member of The Tutors’ Association, and all relevant legislation and government guidance. The Policy can be found at this
link: https://img1.wsimg.com/blobby/go/1a668a6b-1c3c-4fdd-ad54-243a369a420a/downlo
ads/1cksgq6k5_30316.pdf
10.4 If any User has a concern regarding child protection, they should contact Next Steps Education Ltd immediately.
10.5 If at any time Next Steps Education Ltd becomes aware of a Tutor’s unsuitability for employment, Next Steps Education Ltd endeavours to make the Tutor’s Commissioners and Parents aware at the earliest opportunity.
10.6 Next Steps Education Ltd designated Child Protection Officer is Michael Watson.
11. Disclaimers and Limitation of Liability
11.1 Nothing in these terms and conditions in any way limits or excludes Next Steps Education Ltd’s liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.
11.2 All Users must give Next Steps Education Ltd a reasonable opportunity to remedy any matter for which Next Steps Education Ltd is potentially liable before incurring any costs remedying the matter themselves.
11.3 Next Steps Education Ltd shall not be liable for any loss or damage caused by it or its
employees or agents in circumstances where:
● there is no breach of a legal duty of care owed by Next Steps Education Ltd or by any of its employees or agents;
● such loss or damage was not reasonably foreseeable by both parties; or
● such loss or damage is caused by the User, for example by not complying with these terms and conditions.
11.4 To the extent permitted at law, the User will be liable for any reasonably foreseeable loss or damage Next Steps Education Ltd suffers arising from the User’s breach of these terms and conditions or misuse of Next Steps Education Ltd’s Portal, Google Classrooms, WhatsApp groups or other related service (subject of course to Next Steps Education Ltd’s
obligation to mitigate any losses).
11.5 The following clauses apply only if the User is not a consumer:
● To the extent allowed by law, the User and Next Steps Education Ltd exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions. In this clause, any reference to Next Steps
Education Ltd includes its employees and agents.
● Next Steps Education Ltd’s liability of any kind (including in respect of its own negligence) with respect to the Website or Portal for any one event or series of related events is limited to £100

● In no event (including Next Steps Education Ltd’s negligence) will Next Steps Education Ltd be liable for any:

● economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
● loss of goodwill or reputation;
● special, indirect or consequential losses; or
● damage to or loss of data (even if Next Steps Education Ltd has been advised of the possibility of such losses).

● the User will indemnify Next Steps Education Ltd against all claims and liabilities directly or indirectly related to the User’s use of the Website and use of the Portal, Google Classroom or WhatsApp group and/or breach of these terms and conditions.
● These terms and conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any previous communications or agreements. The parties both acknowledge that there have been no misrepresentations and that neither has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these terms and conditions is excluded.

12. Classes – Student responsibility
12.1 Students under the age of 18 must be represented by a Parent or legal guardian who gives consent for them to enrol in a class delivered by Next Steps Education Ltd. Next Steps Education Ltd is not responsible for any dispute between a person under the age of 18 and a Parent or guardian.

12.2 Cancellations: Students may not cancel classes. Parents may cancel any class by giving more than 72 hours’ notice.

12.3 When a Booking is confirmed, the Student enters into a direct contract with the Next Steps Education Ltd for the provision of the class.
12.4 If a Student is unable to attend one or more of the sessions, no refunds to the Commissioner will be given for sessions not attended.

12.5 Students are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online class. No refunds will be made in the event that Students are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of Next Steps Education Ltd failing to provide the services outlined in clause 2.2 of these terms and conditions.
12.6 Refunds may be subject to Next Steps Education Ltd discretion and will be direct to the Commissioner when deemed appropriate.

12.7 Students acknowledge that all classes and therefore class sessions participated in may
be recorded and agree to the storage and use of such recordings by Next Steps Education Ltd.
13. Classes – Tutor responsibility
13.1 Tutors agree that Next Steps Education Ltd reserves the right to cancel a class ahead of commencement, by giving the Tutor notice. Tutors agree that given the nature of the contracts with Next Steps Education Ltd this notice may sometimes be less than 1 hour.

13.2 Tutors are responsible for ensuring that they have the correct equipment to be able to access their own Online Classroom prior to an Online class.
13.3 If a Tutor is unable to attend one or more of the sessions scheduled, they should give Next Steps Education Ltd 24 hours’ notice ahead of the session.
13.4 Tutors agree that Next Steps Education Ltd reserves the right to withhold payment for classes which are not completed.
13.5 Tutors agree to adhere to the submitted schedule of learning, as approved by Next Steps Education Ltd.
13.7 Tutors acknowledge that all classes and therefore class sessions participated in may be recorded and agree to the storage and use of such recordings by Next Steps Education Ltd.
14. Intellectual Property
14.1 When submitting material to Next Steps Education Ltd, Students and Tutors also grant to Next Steps Education Ltd a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material.
14.2 You are responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display or email or otherwise use via the website or the Service.
14.3 You agree to not use the service to email or upload any content that:
1. infringes any copyright, intellectual property or other proprietary rights of any party
2. you do not have a right to upload under any law or under contractual or fiduciary relationships
3. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
4. poses or creates a privacy or security risk to any person
5. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation

6. is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable
7. in the sole judgment of Next Steps Education Ltd, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Next Steps Education Ltd or its users to any harm or liability of any type
14.4 Next Steps Education Ltd reserves the right to investigate and take appropriate legal action against anyone who, in Next Steps Education Ltd’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
14.5 You agree to grant Next Steps Education Ltd’s permission to use any images you have independently created and uploaded on our site for any use, including marketing or promotional purposes, without restriction, prior notice or compensating you in any way.
15. Changes to these terms and conditions
15.1 Next Steps Education Ltd may change these terms and conditions by posting the revised version on the Website at least 14 days before they become effective. 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 the services following the effective date shown.
16. Governing Law & Jurisdiction
16.1 These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of England.
16.2 If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.
17. Definitions
17.1 “Booking” means the booking attached to an individual Lesson on the Portal.
17.2 “Complaint” means a claim by a Commissioner that either the service provided by a Tutor falls below the standards the Commissioner expected of a tutor introduced by Next Steps Education Ltd, or, that there was a Missed Lesson.
17.3 “Commissioner” means the persons or organisation contracting with Next Steps Education Ltd to provide Lessons to a Student on their behalf.
17.4 “Content” means all information of whatever kind (including information, service provider listings, profiles, Reviews), published, stored or sent on or in connection with the Website or the Portal.

17.5 “Background Checked Status” means a Tutor displaying the ‘I have a background check’ badge on their profile page on the Portal. Background checks must have been awarded within 2 years of the date on which a Tutor creates an account on the Portal, and within 3 years at any point in time thereafter. Within these time frames, background checks will be
accepted if they are an enhanced check provided by the Disclosure and Barring Service, Disclosure Scotland or Access Northern Ireland. Next Steps Education Ltd cannot verify any claim made by Tutors within their profile or in any of other communication which relates to them having a valid background check other than through the awarding of the “Background Checked Status”.
17.6 “Failed Payment” means an outstanding Lesson Fee for a Booking, invoiced by Next Steps Education Ltd, which has no successful payment against the payment details provided by the Commissioner.
17.7 “Lesson” means, unless otherwise specified, a one-to-one tuition lesson between a Student and a Tutor, including both in-person and online sessions.
17.8 “Lesson Fee” means the fee charged by Next Steps Education Ltd.
17.9 “Missed Lesson” means a claim by a Student or Commissioner that they have not received a Lesson with a Booking on the Portal.
17.10 “Online Classroom” means the Tutor’s own online lesson space which is made available to Users at the time of booked Online Lessons.
17.11 “Online Lesson” means a one-to-one tuition lesson between a Student and a Tutor delivered through the Tutor’s own Online Classroom.
17.12 “Parent” means the parent or legal guardian of the Student
17.13 “Review” means any review, comment or rating.
17.14 “Student” means a User who has registered a student account on the Portal. The Student must be at least 18 years old. Where the learner is under 18 years old, the Student will be their Parent.
17.15 “Student Restriction Period” means, as defined in clause 4.9, being at the time of booking any Tutor, during any period of confirmed Bookings with any Tutor or at any time within six months of the date of the most recent Booking with the relevant Tutor.
17.16 “Tutor” means a User who has registered a tutor account on the Portal.
17.17 “Tutor Restriction Period” means, as defined in clause 5.13, being at the time of booking any Lesson with any Student, during any period of confirmed Bookings with any Student or at any time within six months of the date of the most recent Booking with the relevant Student.

17.18 “Next Steps Education Ltd” means the company Next Steps Education Ltd (company no. 14678306) trading as Next Steps Education Ltd with its registered office address at 2 Clevelands Park, Bideford, Devon, EX39 3QH.
17.19 “User” means a person who uses our Website or Portal (whether or not they have registered an account with us).
17.20 “Website” means the website on the domain https://nextstepseducation.org
17.21 “Portal” means the Next Steps Education Ltd’s licensed platform through Tutorcruncher.
17.22 “Tutor Fees” means money payable to tutors for work undertaken at agreed amounts.
17.23 “Tutor Payment” means payouts made to tutors on receipt of an invoice for Tutor Fees.
17.24 “Google Classroom” means any Google classroom set up and operated by Next Steps Education Ltd and part of Next Steps Tutors domain.
17.25 “Continued Professional Development” means courses to improve or develop a Tutor’s knowledge in a given subject area or tutoring technique