Terms and Conditions

TERMS AND CONDITIONS

The Degree Gap Ltd (company registered in England & Wales)

1. Parties and Agreement

1.1 These Terms and Conditions ("Terms”) govern the relationship between The Degree Gap Ltd ("The Degree Gap”, "we”, "us”, "our”) and any individual or entity that accesses or uses our website, platform, applications, scheduling, communication tools, video-lesson technology (currently Lessonspace), and payment services (collectively, the "Platform”), including:
(a) Students receiving tuition;
(b) Customers purchasing tuition (which may be a Student, parent/guardian, school, university, or company); and
(c) Tutors providing tuition as independent contractors (together, "Users”, "you”, "your”).

1.2 By creating an account, booking or delivering lessons, or otherwise using the Platform, you agree to be legally bound by these Terms.

2. Interpretation

2.1 Definitions.

  • Academic Year: 1 September to 31 August, unless stated otherwise.

  • Agency Commission: the portion of the Gross Fee retained by The Degree Gap for facilitation of Services.

  • DSL: our Designated Safeguarding Lead.

  • Gross Fee: total fee paid by the Customer for a lesson.

  • Tutor’s Share: the portion of the Gross Fee remitted to the Tutor.

  • Regulated Activity: activity with children requiring an enhanced DBS with children’s barred list check under UK law.

  • Working Day: Monday to Friday excluding UK public holidays.

2.2 Construction. Headings are for convenience only. "Including” means "including without limitation.” References to statutes include modifications and re-enactments. "Writing” includes email.

3. Scope of Services

3.1 We operate a platform connecting Students/Customers with Tutors for private tuition from GCSE to postgraduatelevels. We will use reasonable care to match based on subject, level, schedule, and preferences; however, no guarantee is given of a perfect match or specific outcomes.

3.2 The Degree Gap acts as an intermediary and is not a party to the contract of instruction between Customer and Tutor beyond these Terms and our facilitation role.

4. Accounts, Eligibility and Age

4.1 Users must provide true, accurate, and complete information. We may conduct KYC/identity verification where appropriate.

4.2 Under-18 Students. The contracting party must be a parent/guardian (or school/company). We may require a parent/guardian to be reachable during sessions and to consent to recordings per Section 11.

5. Safeguarding and DBS

5.1 We maintain a Designated Safeguarding Lead (DSL) and safeguarding procedures. Concerns must be reported immediately to the contact specified in our Privacy Policy.

5.2 DBS/Background
(a) Where a Tutor’s work constitutes Regulated Activity, an enhanced DBS with children’s barred list (or appropriate non-UK equivalent) is required.

(b) We disclose in a clear and overt manner on the Platform which Tutors have provided evidence of a DBS check and which have not. This information is visible to all Users when browsing or selecting Tutors. Parents/guardians (or contracting parties) are responsible for reviewing this disclosure when choosing a Tutor.

(c) Customers may, if they wish, filter Tutors by DBS-checked status before booking lessons. This ensures full transparency in the selection process.

(d) Where a Tutor’s work does not constitute Regulated Activity, a DBS check remains strongly preferred, but not mandatory.

(e) Tutors must promptly disclose any change affecting their suitability (e.g., arrests, cautions, adverse findings). We may suspend access pending review.

 

5.3 Tutors must conduct sessions in professional settings and comply with all safeguarding guidance, including platform-only communications and boundaries (no personal relationships with Students; no off-platform messaging except as expressly permitted).

6. Tutor Status, Standards and Two-Strike Policy

6.1 Status. Tutors engage as independent contractors (self-employed). Nothing creates employment, worker status, agency, partnership, or joint venture. Tutors bear responsibility for taxes, NI, VAT (if applicable), and compliance (including IR35 where relevant).

6.2 Standards (non-exhaustive): camera on; punctuality; preparation; professional environment and attire; responsive communication within 24 hours on Working Days; adherence to agreed rates (no unilateral changes); safeguarding; confidentiality; data protection; academic integrity; no ghostwriting or exam misconduct; platform-only communications; and compliance with these Terms.

6.3 Two-Strike Policy. Our disciplinary regime is set out in Schedule 1. A serious breach may constitute a strike; two strikes may lead to permanent removal. We may terminate with one strike for gross misconduct/safeguarding risk.

That being side, we do have a right to take the tutor off the platform at any point with no formal explanation. 

7. Matching; Non-Circumvention and Non-Solicitation

7.1 All introductions between Students/Customers and Tutors via our Platform are made strictly for lessons conducted viathe Platform.

7.2 Non-Circumvention. You must not arrange, accept, or continue lessons off-platform during any active engagement and for six (6) months after the last lesson between that Student and Tutor introduced through us.

7.3 Liquidated Damages. If you breach 7.2, you agree to pay, as a genuine pre-estimate of loss (and not a penalty), the greater of:
(a) 30% of all fees paid or payable for off-platform lessons during the 6-month restricted period; or
(b) £500 administrative charge, plus our reasonable costs of enforcement.

7.4 Non-Solicitation. Users must not induce Tutors/Students to cease using our Platform or to move to competing services within the 6-month restricted period.

8. Academic Integrity; Prohibited Conduct

8.1 Prohibited: ghostwriting, plagiarism, fabricating data, completing assessed work for Students, or advising Students to breach exam rules. AI tools may be used only for explanation/practice resources, not to produce assessed submissions.

8.2 We may suspend/terminate accounts, withhold payments, and notify institutions/exam bodies where serious misconduct is evidenced.

9. Fees, VAT and Invoicing

9.1 Pricing. Total charges are communicated prior to booking.

9.2 VAT on Commission Only. VAT (if applicable) is charged only on our Agency Commission. We do not collect VAT on behalf of Tutors.

9.3 Tutor Taxes. Tutors are solely responsible for assessing, registering, charging, collecting, and remitting any VAT or other taxes on the Tutor’s Share.

9.4 Invoices. Customers receive invoices itemising any VAT attributable solely to Agency Commission.

10. Payments, Chargebacks and Set-Off

10.1 Lessons are payable in advance or via an approved stored payment method. By saving a payment method you authorise us to take payments for scheduled bookings, agreed packages, or balances due.

10.2 Failed Payments/Chargebacks. We may suspend access for unpaid balances, reattempt collection, apply reasonable administrative fees, and pass through processor chargeback fees. We may set-off against sums otherwise due to you (including Tutor payouts).

10.3 We may recover reasonable debt-recovery and legal costs for overdue sums.

11. Lesson Recording (Safeguarding, QA, and Study Review)

11.1 Lessons may be recorded on our processor’s platform (currently Lessonspace) for safeguarding, quality assurance, and study-review purposes. Our lawful basis is legitimate interests (UK GDPR Art. 6(1)(f)). Recordings are never used for marketing.

11.2 Access. During retention, recordings may be accessed only by: (i) the Student; (ii) the parent/guardian for under-18s; (iii) the assigned Tutor; and (iv) authorised The Degree Gap personnel on a need-to-know basis. Access is provided securely; downloads are disabled by default. Onward sharing is prohibited.

11.3 Retention. Recordings are retained until 31 August following the Academic Year in which the lesson occurs (up to ~12 months). We may retain specific recordings longer where reasonably necessary to investigate complaints or safeguarding concerns, or to establish, exercise, or defend legal claims, in line with our retention schedule.

11.4 Objection. A Student/parent may object to recording on privacy grounds. If upheld, we will disable future recordings for that learner except where recording is necessary for safeguarding, dispute resolution, or compliance.

11.5 Data Processing. Lessonspace acts as our processor under a data processing agreement. Technical and organisational measures, storage locations, and transfer safeguards are described in our Privacy Policy and Data Processing Addendum.

12. Cancellations, Rescheduling, Lateness and No-Show

12.1 Students/Customers.
(a) Cancel/reschedule more than 24 hours before start: no charge.
(b) Cancel/reschedule within 24 hoursup to 100% of the Gross Fee may be charged at our or the Tutor’s discretion.
(c) Lateness by Student: session ends at the scheduled time; fully chargeable.
(d) No-show by Student: 100% charge.

12.2 Tutors.
(a) Cancel/reschedule more than 24 hours before start: permitted with prompt notice to Customer and us.
(b) Cancel/reschedule within 24 hours: we will offer to reschedule or provide a replacement; if neither is acceptable, we will credit the session in full.
(c) Lateness by Tutor: Tutor must make up the time or we will credit the shortfall.
(d) No-show by Tutor: may constitute a strike; Customer will be credited/refunded.

12.3 Unavoidable Circumstances. Verified emergencies or widespread technical failures may lead us to waive charges at our discretion. If disruption occurs within the first half of the lesson due to events outside both parties’ control, the Customer will be eligible for a 30-minute complimentary follow-up session covered by us.

13. Refunds and Complaints

13.1 Refund Window. Complaints or refund requests must be submitted within 24 hours of lesson completion. Refunds are discretionary and assessed case-by-case.

13.2 Complaints Procedure. We will acknowledge within 2 Working Days and aim to resolve within 10 Working Days. Where unresolved, we may offer senior review or, at our discretion, referral to an appropriate ADR mechanism.

14. Consumer Cooling-Off (Distance Contracts)

14.1 If you are a consumer purchasing online/by phone, you have a 14-day cooling-off period from contract date.

14.2 If you ask us to begin Services during the cooling-off period, you: (a) acknowledge your right to cancel ends once Services are fully performed; and (b) agree to pay pro-rata for Services supplied before cancellation.

15. Communications and Marketing Compliance

15.1 We send service/transactional messages as needed.

15.2 All marketing emails/texts will clearly identify The Degree Gap and include a functional unsubscribe in everymessage. We respect UK GDPR and PECR rules for consumers and corporate subscribers. Opt-outs are honoured promptly.

16. Platform Use and Acceptable Use

16.1 You must not: (a) misuse the Platform; (b) upload unlawful, infringing, or harmful content; (c) harass or discriminate; (d) attempt to bypass security; (e) reverse engineer; or (f) scrape without prior written consent.

16.2 We may monitor activity for safety/quality in accordance with our Privacy Policy.

17. Intellectual Property; User Materials

17.1 Platform IP. We (or our licensors) own all rights in the Platform, brand, and content provided by us.

17.2 Tutor/Student Materials. Unless expressly agreed otherwise, Tutors retain IP in materials they create; Students receive a personal, non-transferable, non-exclusive licence for private study. No redistribution or commercial use without written consent.

17.3 User Content Licence to Us. You grant us a worldwide, royalty-free licence to host, display, and process your uploaded content solely to provide the Services. You warrant you have necessary rights and that content is lawful.

17.4 IP Complaints. We may remove content suspected to infringe and suspend offending accounts.

18. Data Protection and Privacy

18.1 We are Data Controller for personal data we process to run the Platform; some processors (e.g., Lessonspace, payment providers) process on our behalf under written DPAs.

18.2 Our Privacy Policy and Data Processing Addendum describe purposes, lawful bases, categories, retention, international transfers (and safeguards), individual rights, and contact details (including the DSL/data lead).

18.3 Users must not export or misuse personal data obtained via the Platform. Tutors act as independent controllers for their own off-Platform records and must comply with UK GDPR.

19. Equality, Diversity and Anti-Harassment

19.1 We operate zero-tolerance for harassment, unlawful discrimination, or hate speech. Tutors must deliver inclusive teaching and make reasonable adjustments where practicable.

20. Anti-Bribery, Sanctions and Modern Slavery

20.1 Users must comply with applicable anti-bribery and corruption laws and must not engage in transactions with sanctioned persons/entities. We maintain a zero-tolerance stance on modern slavery.

21. Warranties; Service Availability

21.1 We provide the Platform using reasonable skill and care but do not guarantee uninterrupted availability. Planned maintenance may occur with reasonable notice where practicable.

21.2 Except as expressly stated, we disclaim all implied warranties to the fullest extent permitted by law.

22. Liability and Indemnities

22.1 No Guaranteed Outcomes. Educational outcomes are not guaranteed.

22.2 Cap. Subject to 22.4, our total aggregate liability arising out of or in connection with the Services is limited to the Agency Commission you paid in the three (3) months preceding the event giving rise to liability (or, for a single-lesson dispute, the Agency Commission for that lesson).

22.3 Exclusions. We shall not be liable for: loss of profit, revenue, goodwill, anticipated savings, or indirect/consequential loss.

22.4 Non-excludable Liability. Nothing excludes liability for death or personal injury caused by negligence, fraud, or any other liability which cannot be excluded by law.

22.5 Tutor Indemnity. Tutors shall indemnify us against losses arising from their breach of law (including tax/VAT), IP infringement, academic misconduct facilitation, or breach of these Terms.

22.6 Customer/Student Indemnity. Customers/Students shall indemnify us against losses arising from their breach of these Terms, unlawful content, or circumvention/off-platform arrangements.

23. Force Majeure

23.1 Neither party is liable for failure or delay caused by events beyond reasonable control (including outages, cyber incidents, strikes, epidemics, natural disasters, or government action). Obligations are suspended while the event continues. If it endures beyond 30 days, either party may terminate on notice.

24. Termination and Suspension

24.1 We may suspend or terminate access for breach (including non-payment, safeguarding risk, non-circumvention breach) or where required by law.

24.2 You may close your account on notice; accrued charges remain payable. Clauses intended to survive (including 7, 8, 11, 16–18, 20–22, 26–27 and Schedules) shall survive termination.

25. Changes to Terms

25.1 We may update these Terms from time to time. Material changes will be notified by reasonable means. Continued use after the effective date constitutes acceptance.

26. Governing Law and Jurisdiction

26.1 These Terms and any non-contractual obligations are governed by the laws of England and Wales. The courts of England shall have exclusive jurisdiction.

27. Notices; Assignment; Miscellaneous

27.1 Notices. We may notify you by email to your registered address or via the Platform. You may notify us at the address/email below.

27.2 Assignment. You may not assign or transfer your rights without our prior written consent. We may assign to an affiliate or acquirer.

27.3 Entire Agreement. These Terms (with policies referenced herein) constitute the entire agreement and supersede prior understandings.

27.4 No Waiver. Failure to enforce is not a waiver.

27.5 Severability. If any provision is unlawful or unenforceable, the remainder remains in effect.


Schedule 1 – Tutor Conduct Standards and Two-Strike Policy

A. Mandatory Standards (non-exhaustive)

  1. Camera on throughout sessions unless a privacy/safeguarding objection is upheld.

  2. Punctuality; no-show prohibited.

  3. Preparation and engagement; no visible distraction (e.g., unrelated tab switching).

  4. Professional environment (quiet, well-lit; not on sofas/beds) and smart-casual attire.

  5. Communication: respond within 24 hours on Working Days.

  6. Pricing: no changes without prior written approval; existing Customers remain on agreed rate.

  7. Safeguarding compliance: only approved channels; immediate reporting of concerns.

  8. Confidentiality & data protection.

  9. Academic integrity: no ghostwriting or exam misconduct.

  10. Brand & policy compliance; do not misrepresent The Degree Gap.

  11. No off-platform contact except as expressly permitted; no circumvention.

  12. Session notes/progress logs where required by the engagement.

B. Strikes and Removal

  • Each serious breach may attract a strike.

  • Two (2) strikes: removal from the Platform at our discretion without refund of fees.

  • Immediate termination (single strike) for gross misconduct, safeguarding breaches, or conduct likely to cause serious harm.


Schedule 2 – Cancellations, Rescheduling, Lateness & No-Show (Detailed)

Students/Customers

  1. >24 hours: cancel/reschedule at no cost.

  2. ≤24 hours: up to 100% charge.

  3. Late arrival: session ends as scheduled; fully chargeable.

  4. No-show: 100% charge.

Tutors
5. >24 hours: permitted with prompt notice.
6. ≤24 hours: reschedule or replacement offered; failing agreement, session credited.
7. Lateness: make up time or credit pro-rata.
8. No-show: credit/refund to Customer; disciplinary action may apply.

Unavoidable Circumstances
9. Verified emergencies/widespread outages: charges may be waived.
10. Disruption within first half of a call outside both parties’ control: 30-minute complimentary follow-up, covered by us.


Schedule 3 – Affiliate Programme Terms (Summary)

  1. Eligibility & Agreement. Participation is subject to the full Affiliate Agreement (prevails on conflict).

  2. Commission.
    (a) £20 one-off on first paid booking by a referred customer; and
    (b) 10% recurring on future paid bookings by the same customer while the programme remains active.

  3. Tracking Window. Cookies/session data track referrals for a standard 70-hour period. If tracking fails but the student confirms in writing at booking, the £20 may be paid (recurring not applicable).

  4. Payouts. Visible in dashboards; paid by bank transfer on request, typically within 2 Business Days. Affiliates are responsible for tax reporting.

  5. Conduct. No misrepresentation, spam, deceptive practices, brand bidding, or "passing-off.” No websites presented as official Degree Gap properties.

  6. Termination. Either party may terminate on notice. We may terminate for breach and forfeit unpaid commissions earned through breach.

  7. Liability. Our total liability under the programme is limited to commissions earned in the preceding six (6) months.


Schedule 4 – Data Protection Summary (Non-exhaustive)

  1. Controller/Processor Roles. The Degree Gap is Controller for Platform personal data. Lessonspace and payment providers are Processors under DPAs.

  2. Bases. Contract, legitimate interests (e.g., recordings for safeguarding/QA), consent (e.g., marketing).

  3. Retention. See Section 11 and our Privacy Policy for detailed periods.

  4. International Transfers. Where applicable, safeguarded by UK Addendum to SCCs or other lawful mechanisms.

  5. Rights. Access, rectification, erasure, restriction, objection (including to recordings), portability, and complaint to the ICO.

  6. Security. We maintain appropriate technical/organisational measures; Users must also secure their devices/accounts.


Schedule 5 – Email Outreach (B2B) Compliance

  1. Identification & Opt-Out. All emails identify The Degree Gap and include a functional unsubscribe.

  2. Lawful Basis. We may rely on legitimate interests for B2B outreach, balancing necessity and rights; we respect opt-outs.

  3. Record-Keeping. We maintain suppression lists and honour opt-outs promptly.


Schedule 6 – Contact and Complaints

The Degree Gap Ltd
7 Grosvenor Road, Baldock, England, SG7 6NX
Email: thedegreegap@gmail.com

We acknowledge complaints within 2 Working Days and aim to resolve within 10 Working Days (see Section 13). Urgent safeguarding concerns should be marked URGENT – SAFEGUARDING in the subject line.