1. Definitions

1.1 The following words have the following meanings:

"Account" means the Teacher's account required to use the Web Platform which allows the Teacher to log in to the Web Platform to access / edit their profile and to communicate with Customers.

"Application" means the application form on the Web Platform to be completed by you in order to obtain an Account.

"Community" refers to Teachers, Customers, us and our staff collectively.

"Content" includes (but is not limited to) all of the data on the Web Platform, the content on our website including the layout and format of the Teacher’s profile, links to YouTube videos which we post and all text and images which we publish.

"Confirmed Lesson" is a lesson which has been paid for and confirmed by the Customer.

"Customer" means the person who uses the Web Platform to purchase Music Lessons (who may or may not be the Student), and where the Student is under 18 years of age the person must be either the parent, carer or legal guardian of the Student.

"Fixed Term Plan" is a block of 15 lessons or more, paid for in advance at a discounted rate by the Customer. (In exchange for the discount, the Customer waives the right to edit, alter, change or cancel the lesson. In exchange for the restrictive terms associated with the Fixed Term Plan for the Customer, the Teacher agrees to reduce the Price).

"Lesson Block" is a block of 5, 10, or 20 lessons. When a Customer purchases a Lesson Block, the Teacher can create lessons which are confirmed automatically. When purchasing a Lesson Block, the Customer may qualify for a discount on the Price of up to 20%.

"Membership Level(s)" is a mechanism by which we apply discounts to a Teacher’s Platform Fees, applied solely at our discretion, taking into account the number of hours of Music Lessons the Teacher has taught using the Web Platform. The higher your ’Membership Level’, the higher the discount that will be applied to the Platform Fees. More information on how Membership Level discounts are calculated is presented upon completion of an application.

"Music Lessons" means the service provided by the Teacher to the Student further to their engagement via our Web Platform.

"New Applicant" means a person interested in joining the Web Platform but who has not yet completed their profile, nor been reviewed and published by the Web Platform.

"Platform Fee" is the amount payable by the Teacher in consideration of our Services, such amount to be deducted from the "Price" in accordance with the terms within these terms of service.

"Platform Issues" means a computational weakness found in software and hardware components that when exploited, results in a negative impact to confidentiality, intensity or availability of the Web Platform.

"Policies" means our policies as listed in clause 11.6(a).

"Prepared Invoice" is an invoice we create and supply to the Teacher on a monthly basis further to the information supplied by the Teacher for each Student for whom the Teacher provides Music Lessons, such invoice sets out the Teacher Fees, Platform Fees, any Transport Fees and Price calculated in accordance with the terms within these terms of service.

"Price" refers to the fee payable by a Customer for the Teacher Fee together with the Platform Fee and is visible on the Teacher’s profile on the Web Platform and is payable by the Customer to us on your behalf.

"Safety Centre" means the area on the Web Platform that sets out all information surrounding the vetting of Teacher’s, the safeguarding of children and all other relevant information regarding safeguarding and child protection.

"Services" means the supply, hosting, and maintenance of the Web Platform and the marketing, communication, lesson booking and fee collection services, provided by us via the Web Platform as further specified in clause 4.

"Student" means the person undertaking, or looking to undertake, music tuition.

"Transport Fee" refers to the additional cost applied by the Teacher to cover time and expenses associated with travelling to the home of the Student, when the Customer requests lessons at the Student’s home.

"Teacher" means you, the professional, self-employed music teacher offering Music Lessons through our Web Platform.

"Teacher Fee" refers to the sum payable to the Teacher by us after deduction of the Platform Fee from the Price.

"Web Platform" means www.musicteachers.co.uk (or any domain name to which Users, Students, Teachers and Customers may be directed by us).

"Writing" and/or "Written" includes any communication, including emails.

2. The contract between you and us

2.1 We assume that you are a business customer. These terms constitute the entire agreement between us and you in relation to the terms on which we will act as your agent and supply you with our Services.

2.2 If you do not wish to be bound by these terms please do not use this Web Platform.

2.3 You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.

2.4 These terms and conditions supersede any previous versions and come into effect from 1 January 202[2].

3. Creating an Account to use the Web Platform

3.1 You must complete an Application in order to obtain an Account on the Web Platform.

4. Services we provide via our Web Platform

4.1 In consideration of the payment of the Platform Fee we shall provide you with certain Services depending on the nature of your subscription with us. These shall include:

(1.a) acting as your agent in the relationship between you and the Customer and /or Student;

(1.b) marketing, communication, online learning, booking and fee collection services;

(1.c) the supply, hosting and maintenance of the Web Platform to allow Customers to easily find and connect with a Teacher and arrange and pay for Music Lessons subject to the limitations set out in clause 12.5;

(1.d) support and advice for each Teacher to ensure the text and images displayed on your profile are accurate and clear;

(1.e) the maintenance of a notification system to ensure swift communication between Teacher and Customer and/or Student is possible - from time to time we may monitor messages to ensure our standards of safety, quality and professionalism are being maintained;

(1.f) the display of clear and accurate fee information;

(1.g) the settlement of all Teacher Fees where Customers have used our payment services in accordance with these terms of service;

(1.h) the investigation of all complaints (including refunds) in line with our complaints policy, which is available on request to Customers and Teachers; and

(1.i) the protection of personal data and notification of how we use and protect, Customers’, Students’ and Teachers’ personal data as set out in our privacy policy.

4.2 We shall ensure the screening of all New Applicants at application stage to ensure they meet our stringent criteria of quality, safety and professionalism.

5. Our Community standards

5.1 All Teachers shall:

(1.a) be responsible for the safety and security of themselves and any children (i.e. persons under the age of 18) who are Students including, but not limited to, using the internet safely. In the event that your password / log in details are no longer private, please contact us via the Web Platform immediately. We shall not be liable for any loss or damage suffered by you or any other person further to your failure to contact us in accordance with this clause 5.1(a);

(1.b) ensure messages and content posted by them or on their behalf on the Web Platform are legal and in no way abusive or offensive. Where a message or any content on the Web Platform is a cause for concern, you shall promptly report it to us;

(1.c) comply with their safeguarding obligations as set out under clause 11;

(1.d) assist us in ensuring that all Customers are aged 18 or over and the parent, guardian or carer of the Student, and report any instances where you believe that this may not be the case;

(1.e) take reasonable steps and exercise common sense when assessing the accuracy and legitimacy of information on the Web Platform;

(1.f) comply with our Acceptable Use Policy; and

(1.g) not attempt to circumvent the Web Platform in any way whilst benefiting from the Services which the Web Platform provides (including but not limited to purposefully not using the payment service provider within the Web Platform to obtain payment for Music Lessons).

5.2 If any Teacher using the Web Platform fails to comply with the terms within this clause 5, clause 6 or any other terms within these terms of service we reserve the right at our sole discretion to suspend or remove that Teacher’s Account or remove that Teacher’s ability to use the Web Platform.

6. Teacher Requirements

6.1 As a Teacher on the Web Platform, you shall:

(1.a) supply, either face-to-face or online, punctually at the agreed time, high-quality, professional Music Lessons to Students who have had prior contact with you, in accordance with these terms, including our Policies, and any terms agreed directly by you with the Customer;

(1.b) be deemed to have instructed us to act as your agent, on the terms set out within these terms of service;

(1.c) meet the minimum age requirement of 18 years of age;

(1.d) have in place "right to work" status in the UK;

(1.e) take reasonable steps to ensure that if a Student to whom you are delivering Music Lessons is not 18 years of age or older, that such Student shall have a parent, carer or legal guardian manage and pay for the provision of the Music Lessons and promptly inform us of the same;

(1.f) be responsible for your own actions and behaviour and shall avoid any conduct that would lead a reasonable person to question your professionalism, motivation or intention;

(1.g) provide clear, complete, accurate and up to date information in your Application and on profile pages and keep up to date all other personal information held on the Web Platform;

(1.h) not refer Students or prospective Students to another platform or website which offers identical or similar services to those offered by our Web Platform;

(1.i) use all reasonable endeavours to communicate to each Customer the recommended 30 days notice in relation to any change to any fees;

(1.j) act professionally, be responsive and accurate in your communication with Customers/Students and be prompt in booking lessons with Customers; and

(1.k) indemnify us in case of any claim or liability made against us by any third party resulting from your use of the Web Platform, inclusive of all costs and expenses which may have been incurred by us and inclusive of any claims brought by HMRC or any other government or judicial authority.

6.2 You understand that you are not an employee of More Music UK Limited. All Teachers are self-employed, choosing their rate of pay and choosing when they work and for how long. All Teachers acknowledge that they are responsible for payments relating to tax and National Insurance Contributions and that we take no responsibility for any such payments.

6.3 We shall withhold from the Price the Platform Fee and, if applicable, any other amounts that you owe to us for the Services or for which we may become liable further to your breach of these terms of service.

7. New Applicants

7.1 All New Applicants must:

(1.a) provide us with contact information for two individuals who have agreed to act as referees for you. Where possible, one should be a current or most recent employer, neither can be a family member or spouse. For applicants who are wholly self-employed, a professional colleague, or the parent of a current or former student will be considered in place of an employer;

(1.b) submit to an ID verification check, enabling us to validate the Teacher’s identity;

(1.c) immediately notify us of any criminal convictions, other offences, sanctions, or cautions which have been attributed to them after the date of their enhanced DBS certificate. We operate to the standards of the Rehabilitation of Offenders Act 1974. However, amendments to the Exemptions Order 1975 (2013 & 2020) provide that certain spent convictions and cautions are ’protected’. These are not subject to disclosure and cannot be taken into account. Guidance and criteria on the filtering of these cautions and convictions can be found on the Ministry of Justice website or see the following link http://hub.unlock.org.uk/knowledgebase/filtering-cautions-convictions/. We reserve the right to conduct additional risk assessments in light of any new information of this kind;

(1.d) provide an original enhanced DBS with barred list, PVG or Access NI disclosure certificate, dated within 12 months, or be registered on the update service; and

(1.e) if required, allow us to progress an enhanced DBS application with Barred list check, PVG, or Access NI certificate on behalf of the Teacher further to which the Teacher shall be liable for the costs of such a check which shall be paid directly by the Teacher to our nominated service provider. For further information surrounding the costs of this check, please contact us.

8. Price and payment

Current Pricing

8.1 The Teacher is free to set their own pricing structure using the "Prices and Payments" tool ("PP Tool") in the ’My Account’ section of the Web Platform. We will deduct a Platform Fee from the Price in exchange for the Services provided by us through the Web Platform (please note Platform Fees are also referred to as "Deductions" within the Web Platform). Platform Fees will be as displayed within the PP Tool.

8.2 The pricing system is designed so that the Teacher will:

(2.a) always be sure of the Price, the Teacher Fee and the Platform fee; and

(2.b) be aware of the discounts the Web Platform agrees to apply for the Customer, should they choose to purchase a Lesson Block or Fixed Term Plan.

8.3 Dependent on Membership Level (see clause 8.14 for more details), the Web Platform will deduct from the Price as a Platform Fee:

(3.a) Between 10% and 16.67% per lesson for a 20 lesson block;

(3.b) Between 15.29% and 21.57% per lesson for a 10 lesson block;

(3.c) Between 20% and 25.93% per lesson for a 5 lesson block;

(3.d) Between 28% and 33.3% for a single lesson.

Previous Pricing

8.4 For Teachers published before the 1 July 2021 and/or for Teachers who have not utilised the PP Tool, the previous price structure ("Previous Pricing Structure") will apply which operates under the following terms:

(4.a) The Previous Pricing Structure works on a tiered system, where the Teacher chooses to offer tuition at one of the following Prices:

• (4.a.i) £29.25 for a 60 minute lesson (£14.63 for 30 min.);
• (4.a.ii) £34.88 for a 60 minute lesson (£17.44 for 30 min.);
• (4.a.iii) £40.50 for a 60 minute lesson (£20.25 for 30 min.);
• (4.a.iv) £46.13 for a 60 minute lesson (£23.07 for 30 min.);
• (4.a.v) £51.75 for a 60 minute lesson (£25.88 for 30 min.);
• (4.a.vi) £59.63 for a 60 minute lesson (£29.82 for 30 min.);
• (4.a.vii) £67.50 for a 60 minute lesson (£33.75 for 30 min.);
• (4.a.viii) £81.00 for a 60 minute lesson (£40.50 for 30 min.).

8.5 In accordance with the Previous Pricing Structure, we will deduct a Platform Fee from the Price in exchange for the Services provided by us through the Web Platform. The corresponding Platform Fees charged at each point of the Previous Pricing Structure (as set out in clause 8.4) will be as set out below:

• (5.a) £10.25 for a 60 minute lesson;
• (5.b) £11.88 for a 60 minute lesson;
• (5.c) £13.50 for a 60 minute lesson;
• (5.d) £15.13 for a 60 minute lesson;
• (5.e) £17.75 for a 60 minute lesson;
• (5.f) £20.63 for a 60 minute lesson;
• (5.g) £23.50 for a 60 minute lesson;
• (5.h) £28.00 for a 60 minute lesson.

(Please note that the Platform Fees displayed here are for 60 minute lessons, it follows that the relevant amounts being charged for our Services will be proportionately discounted for lessons of a shorter duration e.g. 50% for a 30 minute lesson and 75% for a 45 minute lesson)

Other Pricing terms applicable to both Current Pricing and Previous Pricing

8.6 The Teacher shall agree any Transport Fee (if applicable) with the Customer prior to the booking of each Music Lesson. No Platform Fee shall be applied to any Transport Fee.

8.7 The Teacher shall use all reasonable endeavours to inform current Students of any changes to any Price on 30 days notice.

8.8 For lessons which are to take place at a Student’s home, the Teacher shall add a Transport Fee which will be chosen by the Teacher, at the Teacher’s discretion, taking into account the distance and time required to travel to the location of the applicable Music Lesson being conducted by the Teacher.

8.9 We shall ensure that the Price and any Transport Fee payable by the Customer will be clearly displayed on the Web Platform.

8.10 Payment of Teacher Fees is calculated by reference to the Prepared Invoice. The Teacher can view their Prepared Invoice for each calendar month at any time within their account on the Web Platform.

8.11 The Prepared Invoice is generated on the first day of each calendar month and collates all Music Lessons that take place within that calendar month for each Teacher.

8.12 We will settle all amounts payable to the Teacher as shown on the Prepared Invoice within the first 5 days of the following calendar month.

8.13 The Teacher agrees to be responsible for the amounts shown on the Prepared Invoice and if a Teacher disputes or challenges any amounts shown in the Prepared Invoice, the Teacher must contact us immediately. We agree to respond to any challenge in no more than 5 working days and settle any adjustments which are in favour of the Teacher within a further 5 working days. Any adjustments in our favour will either be taken from the subsequent Prepared Invoice or requested as an extraordinary payment from the Teacher.

8.14 We agree to reduce Platform Fees in accordance with the Teacher’s applicable Membership Level. For more information on Membership Levels, please see the ’My Account’ section of the Web Platform.

9. Lesson Blocks and Fixed Term Plans

9.1 Where a Customer purchases a Lesson Block and qualifies for a discount, we agree to reduce the Platform Fee accordingly. The reduction in the Platform Fee shall be displayed in the Teacher’s Account on the Web Platform following the Customer’s purchase of the relevant Lesson Block.

9.2 Where a Customer purchases a Fixed Term Plan, the Teacher agrees to reduce the Price by 20%. Teacher Fees will not be altered. Platform Fees will reduce to allow for the Student discount of 20%.

9.3 Teachers must use their best endeavours to complete any Music Lessons that form part of a Lesson Block or Fixed Term Plan at the time and place agreed with the Customer.

10. Bookings, Cancellations, Complaints and Refunds

10.1 The Teacher agrees to create lessons on behalf of the Student, after ascertaining mutually agreeable details of date, time, location and duration.

10.2 The Teacher agrees to monitor communication with the Student and make all necessary and acceptable changes to the booking of any Music Lesson and will ensure the Web Platform contains accurate information at all times.

10.3 We agree to send notifications and instructions to the Customer inviting them to confirm and pay for the lesson(s) created by the Teacher. Once the lesson has been confirmed and paid, the Web Platform will send a notification to the Teacher and the lesson is treated as a Confirmed Lesson.

10.4 The Teacher has no right to payment of fees and we do not have any obligation towards the Teacher to pay any fee in the event that a Music Lesson is not confirmed and subsequently cancelled.

10.5 A Customer has the right to cancel a Confirmed Lesson at any time up to the start of the lesson. To cancel the lesson, the Customer must send the Teacher a message with the instruction to cancel the lesson.

10.6 In the event that a Confirmed Lesson is cancelled by a Customer with less than 24 hours’ notice, the Price for that lesson will not be refunded to the Customer. Teacher Fees, Platform Fees (and the Transport Fee if the Teacher has travelled to the Music Lesson before it is cancelled) will be added to the Prepared Invoice as normal.

10.7 In the event that a Confirmed Lesson is cancelled by a Customer on more than 24 hours’ notice, the Price for that lesson can either be refunded, or the lesson can be rescheduled at no extra cost to a mutually convenient time for both Teacher and Student.

10.8 In the event that a Confirmed Lesson is cancelled by a Teacher (at any time), the Price for that lesson can either be refunded, or the lesson can be rescheduled at no extra cost, to a mutually convenient time for both Teacher and Student.

10.9 All complaints, including those around lesson quality, non-attendance of a lesson by the Teacher, Teacher conduct, Student conduct and issues around the Web Platform will be handled in line with the our Complaints Policy which is available on request.

11. Safeguarding and Child Protection

1.1 We recognise that safeguarding and child protection are of paramount importance. It is the responsibility of everyone in the Community to help keep children safe and we expect all those associated with the Web Platform to agree to this commitment. We are committed to safeguard and promote children’s welfare and as such, will apply robust procedures that deter and prevent unsuitable people from accessing our Web Platform.

11.2 Our DSL (Designated Safeguarding Lead) is Mr Alex Wibrew. He can be contacted via email at [email protected].

11.3 We will update our safeguarding and child protection policy and all other relevant policies surrounding safeguarding of children at least annually, and engage the services of an expert consultant to help us to ensure that the policies reflect changes in legislation and best practice.

11.4 All Teachers must:

(4.a) read, understand and continually adhere with the standards set out in the document ’Keeping Children Safe in Education’ (which can be found at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1021914/KCSIE_2021_September_guidance.pdf) before their profile is published on the Web Platform. In addition to reading this guidance, we recommend that all Teachers consider regularly undertaking and completing appropriate safeguarding and child protection training to provide them with relevant skills and knowledge to safeguard children effectively;

(4.b) read, understand and continually adhere to all of our policies relating to child protection, inclusive of:

(4.b.i) our ’Safeguarding and Child Protection Policy’

(4.b.ii) our ’Code of Conduct’; (4.b.iii) our ‘Acceptable Use’ Policy

(4.b.iv) our ’Lone Working’ Policy;

(4.b.v) our guidance on how we will manage and support safeguarding allegations in our ’Managing Allegations of Abuse’ Policy; and

(4.b.vi) our ’Whistleblowing’ policy which includes an expectation on Teachers to raise concerns about poor or unsafe practice and potential failures in our safeguarding practice,

all of the above collectively referred to as the Policies.

11.5 Please note that the Policies will be updated by us from time to time (and at least once a year). Therefore, all Teachers must ensure that they revisit the Policies from time to time (at least once a year) to ensure their compliance with their obligations as set out under clause 11.

11.6 All Teachers must immediately report any concerns surrounding a Student under the age of 18. Any concerns regarding an issue of safeguarding or child protection should be brought immediately to the attention of our DSL.

12. Disclaimers and Limitation of Liability

12.1 You are liable for any and all damage that is caused to us directly and/or indirectly and/or our affiliated companies, in the context of their performance of any act or omission of the Teacher related to the use of the Web Platform and/or the supply of Music Lessons in breach of these terms of service and/or the documents referenced within it.

12.2 You shall indemnify us (and our affiliated companies) and keep us (and our affiliated companies) indemnified against any and all claims brought by third parties, including, but not limited to, our Customers and Students, that ensue from damage that has been caused in the context of the performance of any act or omission of the Teacher related to the use of the Web Platform and/or supply of Music Lessons and/or in breach of these terms of service or any document referenced within it.

12.3 Each Teacher using the Web Platform shall take out adequate liability insurance with a reputable insurer to cover all reasonable risks connected to the performance of any work undertaken by the Teacher further to use of the Web Platform.

12.4 Our Web Platform may contain links to other independent third-party websites ("Third-party Sites"). Such Third-party Sites include websites operated by Stripe Payments UK Limited (our payment service provider), YouTube or other asset store websites and social media. These are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites which will occur further to your use of the Web Platform.

12.5 We do not warrant that your use of the Web Platform will be uninterrupted or error-free, or that the Web Platform will be free from any Platform Issues.

12.6 By using our Web Platform, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you send to us may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

12.7 Nothing in these terms shall limit or exclude either party’s liability for:

(7.a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(7.b) fraud or fraudulent misrepresentation;

(7.c) any other liability that cannot be excluded or limited under English law.

12.8 Except as expressly set out in these terms, all warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded from these terms.

12.9 Subject to clause 12.7:

(9.a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(9.b) our total liability to you for all other losses arising under or in connection with your use of the Web Platform, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the sum of £1000 (one thousand pounds).

13. Intellectual Property

13.1 Where you submit any information or material ("Contribution") to us on the Web Platform, for the purpose of creating a public-facing teacher profile page, including (but not limited to) profile text, images and video, you grant us a perpetual, non-exclusive, world-wide, royalty-free licence to copy, reproduce, modify, publish, broadcast, transmit, display, perform, create derivative works from, translate, make available to the public, and exercise all copyright and publicity rights with respect to your Contribution in any media for the full term of any rights that may exist in your Contribution.

13.2 We own all Content other than Contributions, unless otherwise indicated.

13.3 Rights in Student and Customer data and databases belong to us.

14. Confidentiality

14.1 Teachers undertake that they shall not disclose to any person any of our confidential information concerning our business, affairs, Customers, Students, clients or suppliers except as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority whilst the Teacher is utilising the Web Platform and for a period of 3 years after the Teacher ceases to utilise the Web Platform.

15. Termination

15.1 Without limiting any of our other rights, we may suspend the performance of the Web Platform and/or remove your access to your Account with immediate effect without cause, but will normally provide you with notice of any anticipated suspension.

15.2 If a Teacher wishes to permanently remove their profile from the Web Platform or delete their Account, the Teacher must submit a request in writing to us to do so. On receipt of such written request, we will cooperate with the Teacher accordingly and use our reasonable endeavours to comply with the Teacher’s request as soon as possible.

16. Variation of these terms of service

16.1 We reserve the right to alter these terms of service at any time. Teachers are encouraged to check these terms of service regularly to ensure that you are aware of any changes. We will endeavour to communicate any changes to our terms of service to you with reasonable notice.

17. Governing Law and Jurisdiction

17.1 These terms of service and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms of service or their subject matter or formation.