Terms of service

General

1. Zen Educate Limited (“Zen”, “Zen Educate”, “We” “Us”) provides an online technology platform (the “Platform”) through which individuals including teachers, teaching assistants, cover supervisors, exam invigilators and other positions required in schools (“Education Professionals” “You”) can connect with schools and colleges (“Schools”) and where Schools can post open positions (“Assignments”) for which Education Professionals are required.
2. Schools can use the Platform to search for and evaluate Education Professionals and Education Professionals can post individual profiles and search for and evaluate School Assignments. Schools may offer an Assignment to Education Professionals via the Platform. The Education Professionals are free to accept or reject the Assignment and can communicate their decision via the Platform. Zen accepts no liability for any inability to access or use the Platform caused by system downtime or by technical issues beyond Zen’s control.
3. When an Education Professional indicates via the Platform their acceptance of an Assignment, the Education Professional will be supplied to the School through one of Zen’s preferred umbrella companies ("the Umbrella").
4. Where the supply of an Education Professional to a School is through an Umbrella, Zen will enter into a contract for services with the Umbrella and the Umbrella will employ the Education Professional and be responsible for all employer’s obligations including paying the Education Professional’s wages in respect of any Assignment obtained via the Platform. In such a case, as when Zen supplies Education Professionals directly, Zen acts as an employment business and an assignment fee (the “Assignment Fee”) is payable to Zen by the School.
5. A School may identify an Education Professional, introduced via the Platform, as a suitable candidate for a permanent position. Where the School engages an Education Professional on a permanent basis Zen acts as an employment agency and an introduction fee (the “Introduction Fee”) is payable to Zen by the School.
6. An Introduction Fee is also payable to Zen by a School in so called “temp to perm” situations when an Education Professional who has worked at such School on an Assignment is subsequently recruited by the School on a permanent basis within 14 weeks of the start of the Education Professional’s first Assignment with the School or within 8 weeks of the end of any of their Assignments with the School, whichever date is the later.
7. Any fees charged by Zen under these terms of Service may also be referred to as “Charges”.
8. These Terms of service are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
9. Additional definitions in relation to tuition in connection with the National Tutoring Programme (NTP) are as follows:
   • “DfE” — Department for Education
   • “Programme Administrator” — Randstad or such other Programme Administrator as may be appointed
   • “Tuition Block” — a block of 1 or more sessions of Tutoring Services provided by a School to 1 or more pupils
   • “Tutoring Services” — the teaching of relevant pupils by appropriate tutors in small group classes of 1 to 3 pupils
   • “Subsidised Amount” — the portion of the Charges for which the NTP is responsible
   • “Non-Subsidised Amount” — the portion of the Charges for which the NTP is not responsible

Schools

1. Prior to publicising profiles of Education Professionals on the Platform and prior to supplying an Education Professional for an Assignment Zen will carry out the checks required for those working in schools and colleges as set out in the latest statutory guidance "Keeping children safe in education". Zen will communicate relevant information to the relevant School prior to commencement of each relevant Assignment.
2. When posting an Assignment on the Platform, the School will provide details of:
1. the date on which the School requires the Education Professional to commence work and the duration, or likely duration, of the work.
2. the position which the School seeks to fill, including the type of work the Education Professional in that position would be required to do, the location at which, and the hours during which, the Education Professional would be required to work, and any risk to health or safety known to the School and what steps the School has taken to prevent or control such risks;
3. the experience, training, qualifications and any authorisation which the School considers are necessary, or which are required by law, or by any professional body, for the Education Professional to possess in order to work in the position; and
4. any expenses payable by or to the Education Professional and any information reasonably required by Zen in order for Zen to fulfil its obligations under the Agency Workers Regulations 2010 (“AWR”).
3. The Assignment Fee shall be paid by the School in respect of each day of an Assignment and shall be sufficient to cover the Education Professional’s pay and holiday pay, and include Zen’s daily margin, the Umbrella’s processing margin and employer's National Insurance contributions
4. To recruit staff on a direct contract with the School, the Introduction Fee shall be £6,999 plus VAT unless otherwise agreed in writing between the School and Zen Educate.
5. If the School first engages the Teacher or Teaching Assistant for at least 60 working days and at least 390 working hours on a Temporary Assignment basis before subsequently recruiting them on a Permanent Basis, then the Introduction Fee would be the lower “Temp-to-perm” Introduction Fee of £3,500 plus VAT unless otherwise agreed in writing between the School and Zen Educate.
6. Should the candidate leave their role within the first 10 weeks and was not previously engaged at the School on a temporary basis through Zen Educate, then the client is entitled to a rebate which is (percentage of Introduction Fee) depending on period of employment. The rebate structure is outlined below:

   Period of employment	Rebate (% of Introduction Fee)
   Up to 2 weeks	80%
   Up to 4 weeks	60%
   Up to 6 weeks	40%
   Up to 8 weeks	20%

7. A School may avoid liability for a “temp to perm” Introduction Fee by giving 14 days’ written notice to Zen that it intends to continue the Assignment of the Education Professional (through Zen) (and subsequently does continue the Assignment) and pays the Assignment Fee for a further period of 60 working days or 390 working hours (whichever is greater) before it engages the Education Professional other than through Zen.
1. If a candidate completes 100 working days and 650 working hours, a School can also avoid the liability for a “temp to perm” Introduction Fee by giving Zen 28 days’ written notice to Zen that it intends to continue the Assignment of the Education Professional (through Zen) (and subsequently does continue the Assignment) and pays the Assignment Fee for a further period of 28 working days or 182 working hours (whichever is greater) before it engages the Education Professional other than through Zen.
2. For the avoidance of doubt, the 28 working days or 182 working hours must end after the the date on which 100 working days and 650 working hours are completed by the candidate at the school.
8. If a School purports to pay an Introduction fee (or opts instead to extend an Assignment as described in (7)) on the basis that an Education Professional is to be recruited on a permanent basis but in fact the Education Professional is employed or engaged by the School for less than three consecutive school terms then the fee payable to Zen will be the Introduction Fee or the Assignment Fee that would have been payable had the Education Professional been supplied by Zen for the entirety of their service with the School (less any Assignment Fee already received by Zen), whichever sum is the greater.
9. All Assignment Fees and Introduction Fees will have VAT added.
10. If the school does not settle payment by the Due Date, Zen Educate will exercise its right under the Late Payment of Commercial Debts (Interest) Act 1988 to claim interest and compensation for any debt recovery costs that Zen Educate may incur as a result of the School’s failure to pay within the agreed terms.
11. The School or Zen may terminate an Assignment without prior notice but Zen strongly discourages the early termination of Assignments unless exceptional circumstances occur. Education Professionals depend on predictable schedules and reliable income. Early termination of Assignments without sufficient warning or reason causes undue inconvenience and provides Education Professionals with no income protection. Accordingly, Zen’s policy is to invoice one day’s Assignment Fee in respect of any confirmed Assignment cancelled less than 24 hours prior to the agreed commencement date to enable payment to the Education Professional.
12. The School undertakes to supervise the Education Professional sufficiently to ensure the School’s satisfaction with the Education Professional’s standards of work. If the School reasonably considers that the services of the Education Professional are unsatisfactory, the School may terminate the Assignment either by instructing the Education Professional to leave the Assignment immediately, or by directing the Employment Business to remove the Education Professional. Zen Educate may, in its absolute discretion, in such circumstances, reduce or cancel the Charges for the time worked by that Education Professional, provided that the School has notified Zen Educate immediately that they have asked the Education Professional to leave the Assignment or the Assignment terminates:
    1. within 4 hours of the Education Professional commencing the Assignment where the Assignment is for more than 7 hours; or
    2. within 2 hours for Assignments of 7 hours or less;
13. During an Assignment, the School will confirm to Zen that the Education Professional has indeed worked on the Assignment but, in any case, it shall be assumed that the Education Professional has worked (and the School will be invoiced accordingly) unless the School notifies Zen that no work has been carried out by the Education Professional on the day in question. The School cannot refuse to pay for days when Education Professionals have worked on Assignment.
14. Zen shall invoice Schools weekly in respect of all time worked on Assignment by all Education Professionals at that School during the preceding week and the School shall settle all invoices within 10 working days of issue.
15. Zen shall keep, and maintain for at least 6 years following each Assignment, details of all Assignments and the Education Professionals working on them.
16. Whilst reasonable efforts are made by Zen to give satisfaction to the School by ensuring reasonable standards of skill, integrity and reliability from the Education Professionals and to provide the same in accordance with the details as provided by the School, no liability is accepted by Zen for any loss, expense, damage or delay arising from any failure to provide any Education Professional for all or part of the Assignment or from the negligence, dishonesty, misconduct or lack of skill of the Education Professional or if the Education Professional terminates the Assignment for any reason. For the avoidance of doubt, Zen does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude by law.
17. Education Professionals supplied by Zen pursuant to these Terms of service are employed by the Umbrella. They are not Zen’s employees but are deemed to be under the supervision direction and control of the School from the time they report to take up duties and for the duration of the Assignment. The School agrees to be responsible for all acts, errors or omissions of the Education Professional, whether wilful, negligent or otherwise as though the Education Professionals were on the payroll of the School.
18. The School will comply in all respects with all statutory provisions as are in force from time to time including, for the avoidance of doubt, but not limited to the Working Time Regulations, Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999, by-laws, codes of practice and legal requirements to which the School is ordinarily subject in respect of the School’s own staff including in particular the provision of adequate Employer’s and Public Liability Insurance cover.
19. Zen and the School agree that they will keep confidential all confidential information and take reasonable steps to ensure that their officers, employees and agents do not disclose confidential information save in the proper performance of their obligations under these Terms of service.
20. Without prejudice to the generality of clause 19 above:
    1. All information relating to an Education Professional posted on the Platform or otherwise provided by Zen to the School is confidential and is provided solely for the purpose of providing work-finding services to the School and is subject to any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or the General Data Protection Regulation 2018 or any successor legislation. Such information must not be used for any other purpose nor divulged to any third party and the School undertakes to abide by the provisions of the current data protection legislation at all times in receiving and processing personal data.
    2. Zen undertakes to keep confidential all relevant terms and conditions of employment that the School discloses to Zen and not to use such information except for the purposes of compliance with AWR.
21. All personal data is collected and processed as set out in our privacy policy.
22. The School undertakes not to request the supply of an Education Professional to perform the duties normally performed by a worker who is taking part in official industrial action or duties normally performed by a worker who has been transferred by the School to perform the duties of a person on strike or taking official industrial action.
23. The School shall indemnify and keep indemnified Zen against any losses incurred by Zen arising out of any Assignment or arising out of any non- compliance with, and/or as a result of any breach of, these Terms by the School.
24. The School shall inform Zen in writing of any AWR claim which comes to the notice of the School as soon as possible but no later than 7 calendar days from the day on which any such AWR claim comes to the notice of the School.
25. If the Education Professional brings, or threatens to bring, any AWR claim, the School undertakes to take such action and give such information and assistance as Zen may request, and within any timeframe requested by Zen and at the School’s own cost, to avoid, dispute, resist, mitigate, compromise or defend any such AWR claim and to appeal against any judgment given in respect thereof.
26. Zen takes all complaints seriously and is committed to continuous improvement. If Schools have a complaint they should send this by email to support@zeneducate.com. Zen will normally respond within one business day. Zen will investigate any matter referred and take appropriate action where necessary. If the complaint is regarding the performance, behaviour or competence of an Education professional Zen will investigate the matter and take proportionate action ranging from verbal and written feedback to suspension or termination of the Education Professional’s profile on the Platform and termination of an Assignment. Zen also reserves the right to restrict a School’s access to the Platform, for example in cases of non-payment.
27. Where a School purchases Tuition Block subsidised by the National Tutoring Programme (NTP), such School agrees to:
    1. Allocate a specific individual as dedicated contact for tuition related queries;
    2. Select pupils to receive Tutoring Services, identify the subjects required for such pupils, and provide the appropriate equipment for such pupils;
    3. Collect requests from parents to withdraw pupils from data processing and maintain appropriate records in accordance with the General Data Protection Regulation 2018 (GDPR);
    4. Provide relevant pupil background data;
    5. Provide relevant pupil Tutoring Service session attendance data;
    6. Subject to all applicable law, provide all reasonably required assistance, and co-operate, with any requests to share data, with Zen Educate, the Programme Administrator, and the DfE in connection with the performance of Tutoring Services or other related services;
    7. Notify Zen Educate in writing, and provide reasons, if the School intends to cancel tuition or if the School (or a pupil) does not wish to complete a Tuition Block;
    8. Adhere to the following cancellation policy in the case of cancellation:
    1. The School must provide a minimum of 24 hours’ notice in writing before the agreed start time of a session to cancel a session. Where the school provides at least 24 hours’ notice of cancellation in writing, the school will not be charged for the cancelled session.
    2. Where the tuition is on a 1:2 or 1:3 basis and at least one pupil attends, tuition will continue and the school will be charged as normal.
    3. If a pupil or pupils fail to attend a session or sessions of booked Tuition Services and the School did not provide at least 24 hours’ notice to cancel, this will be deemed a “Missed Session”. In the event of a Missed Session, Zen Educate will be entitled to charge the School and the School must pay for the Missed Session. Any Missed Session will count towards the Tuition Block to be delivered to the relevant pupil(s).
    9. Pay the Non-Subsidised Amount and the entirety of the VAT on the Charges invoiced by Zen Educate in respect of the Tutoring Services;
    10. Be liable for payment of the Subsidised portion of tuition, in the event of any failure to provide data or failure to complete information required by the Programme Administrator to enable Zen Educate to draw down the Subsidised Amount of tuition (e.g. failure to complete timesheets on the Programme Administrator Platform);
28. These Terms of service, together with the Assignment details agreed via the Platform constitute the entire agreement between Zen and the School as regards the Assignment in question.

See Terms of service - Education Professionals