Standard Terms and Conditions for Music Teachers for the provision of Music
Tuition in Schools
Definitions
The following terms shall have the following meanings:
“Agreement”
The Invitation to Quote, the Quotation and these
Standard Terms and Conditions which together
form the whole agreement between the Council and
the Tutor;
“Council”
The Borough Council of Gateshead;
“Council’s Nominated
Representative”
Naomi Barker, Gateshead Music Service, or other
representative as may be nominated by the Council
from time to time;
“Fee”
The fee(s) payable by the Council to the Tutor and
calculated in accordance with clause 4 below;
“Invitation to Quote”
The Council’s invitation to quote to provide music
tuition services for a specified number of Pupils in
a specified School or Schools;
“Pupil(s)”
The Pupil or Pupils for whom the tuition is being
provided;
“Quotation”
The quotation submitted by the Tutor to the Council
in response to the Council’s Invitation to Quote for
music tuition services in a specific School or
Schools;
“School”
The school or academy where the Tutor will be
providing the Services;
“Services”
The provision of music tuition in Schools more
particularly described in the Specification;
“Specification”
The specification attached to these Standard Terms
and Conditions setting out the details of the
Services to be provided;
“Tutor”
The music tutor named in the Individual Letter of
Engagement;
1.
Period
The Tutor shall commence provision of the Services on the date
specified in the Invitation to Quote and will continue to provide the
Services until the termination date specified in the Invitation to
Quote or until this agreement is terminated in accordance with
Clause 14 below.
2.
Services
The Tutor shall provide music tuition lessons in accordance with
the requirements of the Specification and the Invitation to Quote.
The Tutor shall provide the Services for the agreed number of
hours/sessions per week to a specified number of Pupils as set
out in the Invitation to Quote.
Any additional hours/sessions that are required shall be provided
on a spot purchase basis on the same terms and conditions and
at the same rate(s) as set out in the Invitation to Quote.
The Tutor shall provide the Services in a timely and professional
manner and with due skill, care and diligence so as to deliver the
Services to the standards generally observed in the Tutor’s
industry.
The Tutor warrants that it has the necessary qualifications, skills
and experience to provide the Services.
Payment cannot be guaranteed if the Services are not delivered
in accordance with the hours/sessions per week shown on the
Invitation to Quote unless authorisation has previously been
sought from the Council’s Nominated Representative.
3.
Information and
Record Keeping
The Tutor shall submit a Pupil register to the Council within the
first two weeks of each academic term, with the following details
for each Pupil: name, gender, year group and level of attainment.
In addition the Tutor shall provide any further information
reasonably required by the Council including (but not limited to)
any information required by the Council to enable it to comply with
data requests made by the Arts Council.
4.
Fees
The Council shall pay the Tutor the hourly rate specified in the
Quotation for providing the Services.
Fees are exclusive of VAT (where applicable) but inclusive of all
expenses.
5.
Method of Payment
The Tutor shall submit weekly invoices in arrears for the total
number of hours provided in the preceding week. Invoices should
be submitted by the Monday immediately following the week to
which the invoice relates.
Invoices should be sent to:
Barbara Murray
Dryden Centre
Evistones Road
Low Fell
Gateshead
NE9 5UR
Invoices must be submitted promptly. The Council reserves the
right to refuse payment of any invoice that is submitted more than
3 months late.
The Council shall pay any undisputed invoice within 30 days of
receipt.
6.
DBS
The Tutor warrants that in the past three years he/she has been
subject to a valid enhanced disclosure check undertaken through
the Disclosure and Barring Service including a check against the
Children's barred list, and that at all times for the purposes of this
Agreement he/she is not barred from carrying out a regulated
activity in accordance with the provisions of the Safeguarding
Vulnerable Groups Act 2006 and any regulations made
thereunder, as amended from time to time.
The Tutor shall provide the Council with the following information:
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Name;
Date of birth;
DBS disclosure number; and
the date of their most recent DBS disclosure.
The Tutor shall ensure that he/she undertakes further DBS
disclosures every three years.
The Tutor shall procure that the Council is kept advised at all
times if, subsequent to the commencement of this Agreement,
he/she receives a relevant conviction, caution, reprimand or
warning.
Any fee incurred in meeting the requirements of this Clause 6
shall be at the Tutor’s own cost.
7.
Cancellation of
lessons
The Council shall give at least forty-eight hours’ notice to the
Tutor to cancel a specific lesson(s) where for example it is known
that the Pupil will not be available due to e.g. a school trip or an
exam. Where notice has been given the Tutor shall not raise an
invoice for the cancelled lesson(s).
Where less than forty-eight hours’ notice is given the Tutor may
submit an invoice for the lesson time in the usual way.
The Tutor may not charge for lessons which would usually fall
upon a bank or statutory holiday or upon a day when the School
is closed due to teacher training, strike action or for any other
reason. The Council shall give reasonable notice to the tutor of
any School closures.
8.
Status
The Tutor is and independent contractor and nothing in this
agreement shall render him/her an employee, worker, agent or
partner of the Council and the Tutor shall not hold himself out as
such.
9.
Insurance
The Tutor shall obtain and maintain in effect the following
insurances:
Public liability insurance of not less than £1,000,000;
The Tutor shall provide copies of the insurance certificates to the
Council on request.
10.
Complaints
The Tutor shall ensure that all complaints received by the Tutor,
in respect of the Service which are serious in nature are reported
to the Council immediately. The Tutor should provide a full
written response to the complaint and provide a copy of the
response to the Council.
11.
Confidentiality
Personal information disclosed to the Tutor in the course of
provision of the Service will be treated as confidential and will not
be disclosed without the consent of the Pupil’s parent/carer
unless he/she is at risk.
12.
Indemnity
The Tutor shall indemnify the Council against all actions, claims
demands, proceedings damages, costs charges and expenses
whatsoever arising out of the provision of the Service, except to
the extent that such loss, damage or claim is caused by any
negligent act or omission on the part of the Council.
13.
Monitoring
The Council shall be entitled to monitor the Services and will
agree a method with the Tutor.
14.
Termination
Subject to clause 15, either party will be entitled to terminate this
Agreement by giving one academic term’s notice in writing to the
other party.
15.
Inducements and
Gratuities
The Council shall be entitled to terminate this agreement
immediately and recover from the Tutor any loss resulting from
the termination if he/she found to have offered or given or agreed
to give any person a gift or an inducement or reward to do or not
to do any act in relation to the obtaining of the contract or the
carrying out of the contract itself.
16.
Assignment and SubContracting
The Tutor shall not assign or sub-contract the Services without
written consent from the Council.
Where the Tutor does assign or sub-contract the Services it shall
remain fully responsible for the delivery of the Services under this
contract. Any sub-contractor shall be subject to the requirements
set out in clause 6 (DBS) as if he/she was the Tutor.
17.
Variation
Any variation to the terms set out in this Agreement shall not be
valid unless recorded in writing and signed by both parties.
18.
Notices
Any Notice to be served or given under this Agreement shall be
sent or given by email or by first class post to the address of the
relevant party shown on the Invitation to Quote/Quotation or by
facsimile transmission and shall be deemed to have been
received by the addressee within 48 hours of posting or within 24
hours if sent by any other of the means outlined herein.
19.
Data Protection and
Freedom of
Information
Each of the Parties shall comply with their obligations under the
Data Protection Act 1998.
The Tutor acknowledges that the Council is a public body for the
purposes of the Freedom of Information Act 2000 (“the Act”) and
shall cooperate with the Council in respect of the discharge of its
obligations under the Act.
20.
Governing Law and
Jurisdiction
This Agreement shall be governed by the laws of England and
shall be subject to the exclusive jurisdiction of the English courts.