Legal

Terms of Use

TutorOnboarder Terms of Use

INTRODUCTION

Welcome!

We’re delighted that you’re going to use TutorOnboarder. Before you start to use it, you need to read through these Terms and accept them. The Terms contain your legal rights and our respective obligations and responsibilities so it is important you read through them because if you can’t accept them, you can’t use TutorOnboarder. Our lawyers have tried to explain things without using too much legal and technical jargon. If you have any queries, please email us at hello@totalonboarder.com

These are the Terms of use for TutorOnboarder (in these Terms we mean the website/platform and all of the Services and content which we provide on TutorOnboarder together with all subdomains, mobile applications, any other media, location, application, which we own, manage or operate). These Terms (which include our TutorOnboarder Rules and Data Processing Agreement Schedule), together with our Privacy Policy and Cookie Policy forms our contract with you and applies each and every time you use TutorOnboarder. When we (TutorOnboarder), refer to you, we mean the person or organisation that subscribes and/or uses TutorOnboarder and anyone whom you authorise to use TutorOnboarder.

These Terms were last changed on June 2026.

We do change the Terms from time to time so you should read through them each and every time you use TutorOnboarder. When we make material changes we will try and give you at 60 days written notice by either emailing you (using your last email address which you provided in TutorOnboarder) and/or by putting a notice on the Home page.

1 DEFINITIONS

We use the following definitions in these Terms:

(1) “Additional Services” means extra services which we have agreed to provide to an Institute and/or User, and which don’t form part of a Subscription Plan.

(2) “Basic Account” means an account which an Institute can set up without payment, and which is limited to the Institute having only one Tutor User.

(3) “Colleagues” means members of an Institute’s business team or agents acting on their behalf who can access and use TutorOnboarder in their role as an Owner, Admin or as a Team Member on the Institutes’ behalf.

(4) “Consumer” has the same meaning given to it under section 2(3) of the Consumer Rights Act 2015.

(5) “Content” means any data, information, documents and anything else which you can input and upload onto TutorOnboarder.

(6) “Downtime” means any time which is when TutorOnboarder is unavailable to enable us to maintain and keep improving TutorOnboarder.

(7) “Free trial” means when an Institute can use TutorOnboarder for a fixed period of time and without paying a Subscription Fee so that they can see whether TutorOnboarder will meet their needs.

(8) “Institute” means the business, person or organisation that takes out a Subscription Plan to TutorOnboarder.

(9) “Owner” means the person or organisation that the Institute authorises to use TutorOnboarder to carry out functions and activities using an Owner account on the Institute’s behalf.

(10) “Services” means providing access to TutorOnboarder and will include any Services which we specifically agree in writing to provide to you.

(11) “Subscription” means when you pay the recurring payment to set up an account to access and use TutorOnboarder as an Institute.

(12) “Subscription Fees” means the amount which an Institute must pay us, as a recurring payment, to access TutorOnboarder.

(13) “Subscription Page” means the page/area on TutorOnboarder which describes the different Subscriptions Plans available for Institutes to access and/or purchase to access and use TutorOnboarder.

(14) “Subscription Period” means the period of time which is included/covered by a Subscription Plan.

(15) “Subscription Plan” means a Basic Account, where available, or the recurring payment model that the Institute chooses to give that Institute access to TutorOnboarder.

(16) “Third Party”, “Third Party Provider” or “Third Parties” means any person, people and/or organisations who provides products and /or services other than us, TutorOnboarder.

(18) “Tutor” means someone who has already been approved to provide their services as a tutor to the Institute and has their own account as part of the Institute’s Subscription Plan to provide and receive information about those tutor services.

(19) “Tutor Applicant” means someone who is in the process of or has applied to provide their services as a tutor to an Institute and who does not yet have their own account but has been authorised by the Institute to input and upload Content as part of the Institute’s Subscription Plan.

(20) “TutorOnboarder” means the website/platform and all of the Services and Content which we provide on TutorOnboarder together with all subdomains, mobile applications, any other media, location, application, which we own, manage or operate.

(21) “User” means anyone who views and uses TutorOnboarder, which includes, but is not limited to, Institutes, Owners, Colleagues and Tutors.

(22) “Working Day” means between 9am and 5 pm on every Monday To Friday excluding public holidays in England.

2 ABOUT US AND OUR SUBSCRIPTIONS

This clause/section explains who we are, Tutor Onboard Subscription Plans and what’s included. It also includes information about the different types of Users and the price.

(1) We are Total Onboarder Ltd, who own and operate TutorOnboarder. We are a Company Registered in England and Wales, company number 15864805. Our Registered office is Flat 2, 1 Archway Mews, London, England, SW15 2PE. Our main email is hello@totalonboarder.com. We are not currently registered for VAT.

(2) Joining - You can join and use TutorOnboarder and our Services by choosing a Subscription Plan and creating a Subscription account. By creating a Subscription, you must

(a) over 18 years of age and be operating as a business because TutorOnboarder is only available to businesses and

(b) agree to these Terms of Use.

(3) User types and roles

(a) Institutes, and Owners on behalf of an Institute, may invite the following to access and use (carry out any tasks which are part of their Subscription Plan) their TutorOnboarder Subscription, including input and upload Content: -

(i) Colleagues and

(ii) Tutors

(iii) Tutor Applicants

(c) Every User must accept our Terms of Use when they first use TutorOnboarder. Where an Institute, or an Owner on their behalf, adds Colleagues by user the Add User Role within the Settings section of TutorOnboarder or instructs a Colleague to do so on their behalf, then it is the Institute’s responsibility to ensure that the newly added Colleague has accepted/ agreed to these Terms of Use.

(d) (i) Both Institutes and Owners must be aware of the different roles and levels of access.

(ii) Institute are always responsible for the activity and use of both Colleagues and Tutors and anyone (including agents) who uses the Institute’s TutorOnboarder Subscription on the Institute’s behalf.

(4) Price (a) An Institute must pay us a Subscription Fee to use TutorOnboarder. We may offer different Subscription Plans which will each provide different levels of Services. You should refer to our Subscription Page for information about the Subscription Plans. Prices of Subscription Plans are increased on the 30th of June every calendar year. We are not currently registered for VAT.

(b) (i) Your Subscription will continue on auto-renewal until it is terminated. You can terminate your Subscription in accordance with your Subscription Plan please see the termination/cancellation terms on our Subscription Page. Please also see clause/section 9 for other ways a Subscription can be terminated.

(ii) Legacy Subscription Plan – Certain Owners/ Institutes who were early adopters of TutorOnboarder may be entitled to a Legacy Subscription Plan. If you are eligible for a Legacy Subscription Plan the details will be outlined in an email to you. You can only have a Legacy Subscription Plan whilst your initial Subscription is active. This means that if, for any reason your Subscription Plan is terminated you will no longer be eligible for a Legacy Subscription Plan and must choose one of the other Subscription Plans.

(c) We may make changes to our Subscription Plans, including what is included and the price. If we are going to do this, we will give you 28 days’ notice by emailing you at the last email address which you provided in TutorOnboarder. Subscription Plans, including prices, will not be changed retrospectively.

(d) An invoice, which shows the amount payable is available from the billing section on the Dashboard of your TutorOnboarder Subscription account.

(e) We may offer Free Trials which allows you to use some or all of our TutorOnboarder Services for a limited period of time. When the Free Trial ends, unless you cancel it following the Cancellation Process on the subscription you will be invoiced for our Services at the Subscription Plans you have chosen. If you decide not to continue with TutorOnboarder at the end of the Free Trial, and cancel it as above, then we will delete the account which you set up.

(f) We may offer a Basic account which is limited but which can be used without payment of Subscription Fees.

(g) Apart from any Basic Account, payment for Subscription Fees must be made in accordance with your Subscription Plan as shown on our Subscription Page. It is important that all payments for Subscription Fees are made on time because when any payment or part payment is overdue (such as if there are problems with the payment method or the payment does not clear on time), we reserve the right to

(i) immediately, and without liability, cancel or suspend your use of TutorOnboarder and our Services without further notice.

(ii) charge interest at the rate of 15% per annum from the date that payment was due until the actual date of cleared payment of the outstanding amount, together with any statutory late payment penalty available. We may also recover reasonable costs including, but not limited to, legal costs and expenses incurred in obtaining payment.

(5) Making changes to your Subscription Plan – where you, as an Institute want to change your Subscription Plan you can do so by emailing us at hello@totalonboarder.com or by following any instructions on your Subscription account dashboard. Your Subscription Plan will be changed at the end of a Subscription Period unless we agree otherwise in writing. If you want to downgrade your Subscription Plan (for example, you want to move from a 50 tutor Subscription Plan to a 10 tutor Subscription Plan) your tutors accounts will be archived as soon as your Subscription Plan is changed. You will then have 7 days from that date to restore the accounts of any tutors which you wish to remain Users as part of your new downgraded Subscription Plan.

(6) Additional Services - From time to time we may offer Additional Services which incur an extra fee, but we will always explain those fees before you sign up for them.

3 OUR SERVICES AND RESPONSIBILITIES

This clause/section explains our Services, what we own, our maintenance, your right to use TutorOnboarder (our Licence granted to you) and how you can access support.

  • What we own – Subject to the rights of any third parties and other than the Content which is owned by Users, we own TutorOnboarder completely and this includes design rights, (the look and feel) of our Services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. Every User agrees to use TutorOnboarder in accordance with specifically agrees not to copy, distribute, modify or make derivative works of any of our Content or use any of our intellectual property rights without our express written permission.

(2) Your Right to Use TutorOnboarder (Licence) - Whilst an Institute has an active Subscription Plan, and their Subscription Fees are paid up to date, and they are using TutorOnboarder in accordance with our agreement we give a non-exclusive right to use TutorOnboarder as follows:

(a) As an Institute we give you the right to use TutorOnboarder (this will be based on your Subscription Plan until any Free Trial period ends or whilst you continue to pay for the Subscription, or it is otherwise terminated.

(b) As Colleagues, Tutor or Tutor Applicant until the Subscription is terminated or until the Institute revokes your access to provide TutorOnboarder.

(3) Suitability – (a) We always aim to provide you with good Services and Content (including templates, information that we think you may find useful) but we do not make any warranties nor guarantee that these are accurate, up to date or suitable for you and your business. Users are always responsible for using TutorOnboarder and we won’t be liable in any way for this and please refer to Your Responsibilities in clause/section 4.

(b) Safer Recruitment – we aim to provide you with some of the tools which will start to help you to operate Safer Recruitment. By Safer Recruitment we mean helping you to create a safe and positive environment committed to keep students safe from harm. Therefore, you may find that you can’t customise some sections of the platform and within the individual documents. If you need to discuss this, please email us at hello@totalonboarder.com

(4) Provision - (a) We will provide TutorOnboarder to be best of our ability 24 hours a day but, due to the nature of the internet, we can’t guarantee that TutorOnboarder and/or our Services will be available, uninterrupted, secure or error-free. We make no warranty against electronic virus or any other defect or problems which may occur in respect of any viewing or using TutorOnboarder nor in respect of any data, e-mail or document which we provide or send. We are not responsible for any loss or damage however it may be cause or resulting from the use or a failure to provide TutorOnboarder and please refer to our liability in clause/section 8.

(b) So that we can maintain and keep improving TutorOnboarder we may need Downtime. We always try to minimise this and, where possible, we will try and give you advance notice (this is usually by placing a notice on the home page), but we may not always be able to do so.

(c) We aim to make TutorOnboarder the best that we can and this involves making changes and adding new functions. We will always try and make you aware of this by posting details of changes on the home page.

(5) Compensation – (a) You can email us at hello@totalonboarder.com within 14 days of any period that TutorOnboarder can’t be accessed and ask us for compensation. Compensation will be equivalent to a refund of your Subscription Fees for the period of that TutorOnboarder couldn’t be accessed except that we will not pay any compensation for the following: -

(i) Any issues caused by you, your equipment or your use of TutorOnboarder or

(ii) If you breach of these Terms or

(iii) Maintenance Downtime or

(iv) When there are any events or circumstances beyond our reasonable control, including if any Third-Party product and/or services are unavailable for whatever reason.

(6) Concierge and Checking Services

(a) We may offer Additional Services which may include:

(i) Concierge Services where we upload data onto TutorOnboarder on your behalf and

(ii) Checking Services, such as when you ask us to check the registration information for a teacher.

(b) When we perform these Services, it is important that you understand that:

(i) you remain the Data Controller, and we continue to act as your Data Processor for all Personal Data processed through these Service

(ii) we process Personal Data only on your documented instructions, including any instructions you give us when requesting Concierge or Checking Services and you are solely responsible for ensuring that there is a lawful basis, authority, and (where required) the relevant consent to provide the Personal Data to us and to instruct us to process it. In particular, where we check a teacher’s registration information, we do so on the basis that you have obtained the teacher’s consent or have another lawful basis to request that check.

(c) You will always be responsible for ensuring that any Personal Data you ask us to process is:

(i) relevant, adequate, and limited to what is necessary for the purposes for which it is provided and

(ii) accurate, complete, and kept up to date, including updating or correcting it where necessary and (iii) lawful for you to provide, meaning you have a lawful basis, authority, and (where required) the necessary consent to supply the Personal Data to us and to instruct us to process it and

(iv) not unlawful, harmful, or infringing the rights of any Data Subject.

(d) You acknowledge that we rely on the accuracy and lawfulness of the Personal Data you provide, and we do not verify the lawfulness, accuracy, or completeness of that data.

(7) Support and Issues (a) From time to time we may publish support guides and information which can be accessed via TutorOnboarder.

(b) Otherwise, we aim to provide support to you via TutorOnboarder by using the

(i) Report an issue button and/or

(ii) Contact Us support button. Support is usually available every Working Day (our Support Hours) and we aim to respond to any requests for support within 3 Working Days.

4 YOUR RESPONSIBILITIES

This clause/section explains the TutorOnboarder rules which apply to everyone who views and uses TutorOnboarder. It also explains your responsibility for your own anything which you enter onto or upload onto TutorOnboarder and the additional responsibilities of Institutes.

(1) TutorOnboarder Rules – these apply to everyone who uses TutorOnboarder (Users)

We want to make sure that our Users can use TutorOnboarder Rules in a way which is appropriate and doesn’t impact on how another User uses it. All Users must

  • Use Tutor Onboard for the purposes for which it is intended and according to their Subscription Plan and the country for which TutorOnboarder, our Services and your Subscription is valid.
  • Ensure that TutorOnboarder is suitable for your use. For example, if we provide a document as part of our Contents it is up to you to check that it is suitable and meets your needs and this including customisation and/or making any changes that you deem appropriate
  • Not access Tutor Onboard without permission. As an Institute this forms part of an active Subscription Plan which is paid up to date. Colleagues, Tutors and Tutor Applicants are given permission by or on behalf of an Institute.
  • Understand that each User can input, amend and delete their own information or content by following the relevant process such as using the “Report Change” button.
  • Be responsible for Your Content meaning any information, profiles, or other material that you enter, upload, allow another person to upload or amend, or otherwise use within or on TutorOnboarder. You must ensure that Your Content will be complete, true, accurate and valid, up-to-date and will not infringe (breach) any rights of any third party, whatsoever in nature (including, but not limited to, copyright or other intellectual property rights) and is not offensive nor violates any law. It is each User’s responsibility to ensure that Your Content does not include any of the following unless you have the legal right to include it:
  • National Insurance numbers or other government-issued identification numbers
  • Personal Data of children under 16 years of age
  • Data relating to criminal convictions and offences or related security measures
  • Special category personal data (as defined in the UK Data Protection legislation) or any similarly sensitive information regulated by European Data Protection Laws
  • Ensure that you do not retain Your Content on TutorOnboarder for any longer than is necessary
  • Be responsible for protecting your own username and password and from any misuse whatsoever and reporting any issues whatsoever with it to
  • the Institute if you are a Colleague or Tutor and
  • us if you are the Institute.
  • Access support when you need it, subject to fair use.
  • Not upload anything harmful, like viruses, into our services
  • Not undermine the security or integrity of our systems or networks nor use our Services in any way that might impair functionality or interfere with another User’s use.
  • Not resell, lease, or offer our services without our express written permission.
  • Not resell or share any data you get from our services.
  • Not change, copy, reverse engineer, or try to access the source code of our services.
  • Be in any way abusive or disrespectful to us nor any User.

(2) As a User you must use TutorOnboarder according to these Terms and our TutorOnboarder Rules above – please see clause/section 4(1).

(3) As an Institute you must use TutorOnboarder according to these Terms and our TutorOnboarder Rules above – please see clause/section 4(1) but you also have additional responsibilities for controlling how you manage your Subscription. This includes responsibility for:

(a) Making cleared payments as and when they are due, and

(b) Who you allow to access your TutorOnboarder Subscription account and how they use it (their activity).

(c) Dealing with any issues which may occur with your Colleagues and/or Tutors.

(d) Not transferring a Subscription unless you have our express written permission to do so.

(e) Your own use of TutorOnboarder and this includes ensuring that you meet your own personal, legal, regulatory and any other obligations in respect of your own business, particularly with regards to data Protection. We always advise that you take your own legal, accounting and other professional advice in relations to you and your business.

5 CONFIDENTIALITY, SECURITY AND DATA PROTECTION

This clause/section explains how your information will be kept confidential and how you we both deal with our Data Protection obligations.

(1) Feedback - We value your feedback and unless you tell us otherwise, we’ll use it without any restrictions

(2) Confidentiality – subject to clause/section 5(1) above and our Data Protection Agreement Schedule where relevant, we both agree that we will take reasonable precautions to protect each other’s confidential information and will only divulge or share it when the law or a Court orders us to do so.

(3) Security – (a) We take steps to ensure that TutorOnboarder and your Content is as secure as we can reasonably make it. However, no electronic storage is completely secure so we can’t make any guarantees about this. Please also refer to our Data Protection Agreement Schedule

(b) You also have your own responsibilities regarding security, and you must take all reasonable steps to make sure that your data is secure. This includes looking after passwords, being careful who you allow to use TutorOnboarder, securing your own processes and systems and letting us know immediately if there are or you suspect that there are any security issues.

(c) We suggest that each Institute should have their own Data Privacy Policy/Notice which should be shared with any relevant Colleague, Tutor, Tutor Applicant, Tutor or any other User who uses the Institute's account and/or as part of the Institute’s Subscription Plan. 

(4) Your Licence to us - when you upload and/or input any Content (including any personal data) you own that Content, but to grant us a licence to use, transmit, store, analyse, and back it so that you can use Tutor Onboard and our Service, to communicate with you about your Subscription, enable us to maintain, develop and protect it, to create new services and products, to send you any information which we think you may be interested in and which is based on your marketing preferences and to share and disclose it with third party to enable and support these purposes.

(5) Data Protection (a) We respect your personal data and please refer to our Privacy Policy which explains how we process the personal data which you provide to us as part of your Subscription to TutorOnboarder.

(b) Since we may process personal data which you upload and enter about others our Data Processing Agreement Schedule (which is a Schedule to these Terms) will also apply.

6 THIRD PARTIES

This clause/section explains our liability for Third Parties and explains how you can contact us if you would like us to consider integrating a Third Party product or Services into TutorOnboarder.

(1) As part of using TutorOnboarder and our Services you may use services, data, and software from a Third Party Provider.

(2) Third Party Providers and anything which they supply are completely independent from us, including any links and any information which they provide. We always advise to make your own enquiries and first read and understand their terms and agreement for purchase and use with you. This will include any associated charges which may be due to these Third Party Providers.

(3) From time to time we may integrate Third Party Providers and please refer to the Subscription Page and the Integrations within the Settings section of TutorOnboarder. If you would like us to consider integrating a Third Party Provider onto TutorOnboarder then please use the Contact Us button, you can email us at hello@totalonboarder.com. If we decide to include a Third Party integration, then we will advise you whether any additional costs will be incurred before we complete any integration which you request.

7 COMPLAINTS AND DISPUTES

This clause/section explains how you should contact us if you have a problem or complaint and how we will deal with it.

(1) Complaints (a) Where you have an issue regarding TutorOnboarder and/or our Services which may or does amount to a complaint, you should use the Contact Us button or email us at hello@totalonboarder.com within 7 working days of any such issue arising and allow us 30 days to deal with that issue.

(b) Please provide full details about the issue, including how you would like the issue resolved. We will then investigate the issue and will contact you within 14 days about how we intend to resolve this for you.

(c) You are not entitled to withhold any payment, or part of it, from us.

(d) We both agree to attempt to settle any dispute in good faith.

(2) If we can’t resolve your complaint to your satisfaction then we agree that any disputes will only be dealt with binding arbitration or a small claims court.

8 LIABILITY AND INDEMNITY

This clause/section explains our respective liability for your use of TutorOnboarder.

In so far as the law allows:

(1) “As is” supply - TutorOnboarder and our services are available to you on an “as is” basis and we disclaim all warranties, express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose.

(2) No Liability - (a) We will never be liable for your use of TutorOnboarder and/or our Services for any indirect, incidental or consequential, punitive, exemplary or special loss, damage or expense, including any economic loss or loss of profit or business, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, whatsoever suffered by you or any third party howsoever caused.

(b) In so far as your data is concerned, our liability is limited to our Data Protection obligations and us taking reasonable steps to try and recover that data from our available backups.

(3) Remedies - Your remedies are limited to damages which in no circumstance whatsoever will exceed the amount which you paid and were received by us for those Services up to a total equivalent to the amount of Subscription Fees you paid to us in the 12 months immediately before the date on which the issue which relates to our liability occurred.

(4) Indemnity - (a) You will fully indemnify us all times from and against all and any claims, demands, loses and costs, awards or damages however they arise, directly or indirectly as a result of your use of TutorOnboarder (including any Third Parties) and our Services, including any breach or non-performance by you of these Terms, except where we have breached these Terms or are solely responsible for any gross negligence, wilful misconduct or fraud.

(b) Your indemnity is on the basis that, where possible, we will take reasonable steps to mitigate our losses.

9 ENDING (TERMINATING) OUR SERVICES

This clause/section explains how your use of TutorOnboarder can be ended.

(1) Automatic renewal - Your Subscription continues for the period covered by the Subscription Plan which you have chosen. However, when your Subscription Period ends it will automatically continue for a further period of the same duration as that Subscription Plan unless you have told us that you want to terminate, and you will pay the amount due for that Subscription Plan. So, for example, if your Subscription Period is for 3 months then, unless you terminate your Subscription at the end of that Subscription Period, it will renew for a further 3 months.

(2) Termination – (a) When you want to terminate your Subscription you can do so according to your Subscription Plan and please see the Subscription Page, but you will have to pay all the Subscription Fees up to and including the day of termination and no refunds will be due to you. So, for example, if you choose a 6 month Subscription Plan you can terminate your Subscription at the end of month 2 but you will still have to pay for all the 6 month Subscription Plan.

(b) You may also suspend or terminate your Subscription if you object to us appointing a Sub-processor

for UK Data Protection Law and please see clause/section 6 of the Data Processing Agreement Schedule.

(c) Closing an Institute Profile/Account – Only an Owner can delete their own Institute.

(d) Closing an Owner Profile/Account – Only an Owner can delete their own profile.

(e) Closing a Colleague or Tutor Profile/Account – An Institute and anyone who they authorise on their behalf can close a Colleague or Tutor Account. Colleagues can close their own accounts.

(f) Closing a Tutor Applicant Profile - A Tutor Applicant who has agreed to remain on a Wait List and then changes their mind can do so at any time by accessing this email and pressing the “No” button. This will remove your data from the Wait List.

(3) Not for Consumers - Since TutorOnboarder is only available for purchase and use by a business and not a Consumer, consumer rights and legislation will not apply so far as the law allows.

(4) Our termination – (a) We reserve to terminate any Subscription at any time by giving you 1 months’ notice by email to the address you have provided us on TutorOnboarder.

(b) However, we will immediately terminate any Subscription without any refund if:-

(i) You breach any of these Terms and it can’t be rectified (remedied) or

(ii) You breach any of these Terms and it can be rectified (remedied) but you don’t do this within 14 days of the date that we email you about the breach or

(iii) Your business closes and/or, as applicable, passes a resolution for winding up or is declared insolvent, or makes or proposes to make any arrangement its creditors, or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets in any jurisdiction.

(5) Your data when your Subscription ends – Subject to our Data Protection Law obligations, after your Subscription is terminated by you or us, your data will be deleted in accordance with clause/section 10 of our Data Protection Processing Schedule and you won’ t be able to access it. However, if you reactivate your Subscription and pay Subscription fees due within 28 days of the date it terminated you may be able to access your data again.

10 GENERALLY

(1) Assignment – (a) Any rights in this agreement are for your sole benefit and can’t be shared or transferred in any way without our express written consent.

(b) We reserve the right to transfer these Terms (including any of our rights and obligations) to another person or organisation. Where this is a sale or merger, we will give you written notice by email about this.

(2)  You agree that nothing in these Terms will be deemed to create any partnership, joint venture or employment or agency relationship between us.

(3) Third party rights - Nothing in our Agreement is intended to give any benefit to any third party (whether referred to herein by name, class, description or otherwise) or any right to enforce any Agreement with us.

(4) Events outside our control (Force Majeure) - We won’t be liable for anything outside our reasonable control including any delay or failure to perform any of our obligations.

(5) Notices – we will send notices to you by email, using the last email address you used in TutorOnboarder Subscription. You should send notices to us by email to hello@totalonboarder.com. Notices sent by email will be deemed to have been received on the next Working Day on which they were sent provided the sender has a valid successful delivery receipt.

(6) Waiver: Nothing in our Agreement will stop us from enforcing any of our rights in the future.

(7) Invalidity - Each clause/section or any part at all these Terms is to be regarded as independent of the others. This means that if any section or any part at all of our Terms is unenforceable or invalid, we’ll affect the enforceability or validity of the rest of our Terms.

(8) Governing Law and Jurisdiction - Our Terms will be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

Thank you for reading our Terms

DATA PROCESSING AGREEMENT SCHEDULE

1 ABOUT THIS AGREEMENT

(1) We (the Data Processor) and you (the Data Controller) have agreed to confirm the details of the processing in writing to comply with their respective data protection obligations, when you use TutorOnboarder.

(2) (a) This Data Processing Agreement Schedule forms part of the TutorOnboarder Terms of Use, between you and us when we process data on your behalf when you are using TutorOnboarder and our Services.

(b) When we process data on your behalf when you are using TutorOnboarder and our Services

(i) you are the Data Controller, and you have overall control of what happens to personal data which we process data on your behalf when you are using TutorOnboarder.

(ii) we are the Data Processor who will process your data on your behalf.

2 DEFINITIONS

For purposes of this agreement the

(1) Data Protection Law means the UK GDPR, the Data Protection Act 2018, and any other applicable UK data protection legislation, as amended or replaced from time to time, including the Data Use and Access Agreement 2025 (DUAA) and any obligations arising under it that apply to the parties in relation to the processing of Personal Data. Where the Controller is established in the EEA or the processing relates to offering goods or services to individuals in the EEA, “Data Protection Law” shall also include the EU General Data Protection Regulation (GDPR).

(2) Any capitalised word, words or terms which aren’t defined in this Data Processing Agreement have the meaning set out in the TutorOnboarder Terms.

(3) The following words and phrases will, to the greatest extent possible, have the meanings given to them in the Data Protection Act 2018 (DPA) unless the Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) applies to your business instead and, in which case the meaning will be those given to them in GDPR.

(a) “Personal Data”

(b) “Personal Data Breach”

(c) “Processing” and “process”

(d) “Sub-processor”

(e) “Data Subject”

(f) “Processor”

(g) “Controller”

(h) “Appropriate technical and organisational measures”

(4) “Notice” or “Written notice” means notice by email as follows:

To the Data Controller: the last email address which you provided in TutorOnboarder.

To the Data Processor: hello@totalonboarder.com

(4) “Relevant Processing” means data processing on your behalf which involves Personal Data, including any DUAA-related Processing. For the avoidance of any doubt this includes processing as set out in Annex 1.

(6) “Transfer” means to disclose or otherwise make Personal Data available to a third party (including to any affiliate or Sub-processor) and in any format, either by physical movement of the Personal Data to such third party or by enabling access to the Personal Data by other means.

(7) “Union or Member State Law” means any European Union or Member State laws which apply to either party or the Personal Data is subject to.

3 GENERAL COMPLIANCE WITH DATA PROTECTION LAW

(1) In accordance with Data Protection Law, we confirm that we have implemented appropriate technical and organisational measures and implemented a general level of security of processing with regard to Personal Data so that any Relevant Processing will

(a) Meet the requirements of the Data Protection Law and

(b) Protect the rights and freedoms of data subjects and

(c) Protect against unauthorised or unlawful processing of personal data and

(d) protects against accidental loss, destruction, or damage to Personal Data, taking into account the nature of the data, the potential harm that could result, the state of technological development, and the cost of implementation.

(2) (a) These measures include, where appropriate:

  • pseudonymisation and encryption of Personal Data;
  • ensuring the ongoing confidentiality, integrity, availability, and resilience of processing systems and services;
  • the ability to restore availability and access to Personal Data in a timely manner following an incident;
  • regular testing, assessment, and evaluation of the effectiveness of our technical and organisational measures;
  • DUAA-required access controls, audit logging, and transparency measures; and
  • documented policies and procedures governing the security of processing.

(b) We will keep all technical and organisational measures under review and update them where necessary to maintain an appropriate level of security and to comply with our obligations under Data Protection Law.

(3) We also confirm that we will meet our own obligations in relation to Data Protection Law, including, but not limited to, ensuring that all employees are subject to appropriate confidentiality obligations and receive adequate training to fulfil any Processing which they carry out.

4 PROCESSING DATA

In accordance with Data Protection Law, we confirm that:

(1) We will take steps to ensure that we and any natural person acting under our authority who has access to Personal Data, only process the Personal Data:

(a) As needed to provide agreed services to you, Data Controller

(b) In accordance with your specific written instructions, including with regard to any Transfers.

(c) As required to comply with any Data Protection Law which we are subject to, (in which case, we will provide prior written Notice to you of that legal requirement before any processing, unless that law prohibits this disclosure on important grounds of public interest).

(2) Confidentiality - We will ensure that all personnel, including but not limited to any who are authorised to process Personal Data are

(a) Strictly limited as necessary for the purposes of providing TutorOnboarder and our Services and

(b) Legally obliged to keep personal data confidential.

(c)receive appropriate training on data protection, information security relevant to their role.

(3) We will maintain a record of all Relevant Processing which we carry out on your behalf under this agreement in accordance with Data Protection Law.

5A OBLIGATIONS TO ASSIST THE DATA CONTROLLER

(1) Taking into account our respective status of the parties, the nature of Relevant Processing and the information available to us, at your own expense we will comply with (and will reasonably assist you to comply with) your own obligations regarding the following:

(a) Helping you to keep the personal data, which is processed on TutorOnboarder, secure, including cooperating with you if you carry out audits and other inspections in order to verify compliance with the Data Protection Law and with this agreement.

(b) Cooperation with the Information Commissioner’s Office and any relevant Supervisory Authority

(c) Where relevant, notifying Personal Data Breaches to both the data subjects and/or the Information Commissioner’s Office

(d) Assisting you in carrying out Data Protection Impact Assessments (DIPA) when required and consulting with the Information Commissioner’s Office where a DPIA indicates there is a high risk that cannot be mitigated.

(2) Our obligations under this clause/section are limited in that, unless we agree otherwise in writing we

(i) will not respond directly to the data subject in respect of any such data subject requests which are received by us and

(ii) will notify you within 7 working days of receipt when we have received a data subject’s request directly from a data subject.

5B OBLIGATIONS TO ASSIST THE DATA PROCESSOR

(1) You agree to assist us within a reasonable time period to ensure that any data protection complaint is dealt with promptly and in accordance with any time limits set by law.

(1) You agree to provide us with reasonable and timely assistance to enable us to comply with our obligations under Data Protection Law. This includes:

(a) assisting us in responding to any data protection complaint, enquiry, or investigation by a Supervisory Authority and

(b) providing accurate and lawful documented instructions for the Processing of Personal Data and

(c) responding promptly to our requests for clarification where instructions are unclear or incomplete and

(d) cooperating with us to ensure that any complaint, request, or regulatory deadline is met within the time limits set by law.

6 SUB-PROCESSING

You consent to us engaging and using any Sub-processor for the Relevant Processing under this agreement provided that we

(1) Ensure that any Sub-processor who carries out Relevant Processing will be party to a written contract which imposes obligations on that Sub-processor to ensure that any Relevant Processing meets the requirements of Data Protection Law and

(2) (a) Maintain a list of current Sub-processors which is available on TutorOnboarder or by emailing us at hello@totalonboarder.com.

(b) Give at least 30 days’ notice of any change, by updating that list of current Sub-processors.

(c) Understand that you, the Data Controller can object to any object to any appointment or changes of Sub-processor by giving us written notice with your objection based on reasonable grounds relating to data protection. If this happens

(i) we will not appoint or make the change or

(ii) you can suspend or terminate your agreement with us without giving any notice, but you must pay all Subscription Fees and other amounts which are due to us up to and including the date of suspension and Termination and

(3) Understand that where any Sub-processor fails to fulfil its data protection obligations, we will remain fully liable to the Data Controller for the performance of the Sub-processor’s obligations.

7 TRANSFERRING PERSONAL DATA

(1) We won’t transfer any personal data outside the United Kingdom or the European Economic Area (EEA) unless we have complied with the measures required under the Data Protection Law.

(2) Where we Transfer Personal Data outside the UK or EEA, we will ensure that an appropriate safeguard is in place, which may include:

(a) a decision by the UK Secretary of State or the European Commission that the country ensures an adequate level of protection or

(b) the UK International Data Transfer Agreement (“IDTA”) or

(c) the UK Addendum to the EU Standard Contractual Clauses or

(d) any other legally recognised transfer mechanism approved under Data Protection Law.

(3) You specifically authorise us to enter into any such transfer mechanism as your agent where required to facilitate the Transfer.

(4) We will document the transfer mechanism relied upon and, where the DUAA requires additional safeguards (including access controls, audit logging, or transparency measures), we will implement those safeguards before the Transfer takes place.

(5) For the purposes of this clause, “Transfer” includes making Personal Data available for access from a country outside the UK or EEA, whether by physical movement or by remote access.

8 DATA BREACH

(1) If we become aware of any Personal Data Breach (that’s any unauthorised disclosure of, or access to Personal Data or any accidental or unlawful destruction to it) we, as Data Processor, will

(a) Promptly (without undue delay) and thoroughly investigate all allegations of unauthorised access to, use or disclosure of the Personal Data and

(b) Notify you without undue delay, and in any event within 24 hours, in the event of any Personal Data Breach and

(c) provide you with all information reasonably required to meet your obligations under Data Protection Law. This includes, where known:

  • the nature of the breach;
  • the categories and approximate number of Data Subjects affected;
  • the categories and approximate volume of Personal Data affected;
  • the likely consequences of the breach; and
  • the measures taken or proposed to address and mitigate the breach.

(2) We will not notify any Data Subject or Supervisory Authority directly unless you instruct us to do so in writing or we are legally required to do so.

(3) We will provide reasonable assistance to you, at your cost, in relation to:

(a) notifying the ICO or any other Supervisory Authority and

(b) notifying affected Data Subjects and

(c) documenting the breach and

(d) complying with any DUAA-related transparency, access logging, or reporting obligations.

(4) We will maintain internal records of all Personal Data Breaches, including DUAA-required access logs and investigation outcomes.

9. RECORDS

(1) We will maintain all records required of a Data Processor under Data Protection Law, including detailed records of the Relevant Processing carried out on your behalf. These records will include, where applicable:

(a) the categories of Processing performed and

(b) the categories of Personal Data and Data Subjects involved and

(c) any Transfers of Personal Data and the safeguards applied and

(d) the Sub-processors engaged and the Processing they perform and

(e) the technical and organisational measures implemented and

(f) any access logs, audit trails, or transparency records required by the DUAA.

(2) To the extent that such records relate to the Relevant Processing we carry out for you, we will make them available to you or to a Supervisory Authority upon written request, subject to confidentiality and security requirements, and in any event within 7 days unless we are legally prohibited from doing so.

(3) We will retain these records for as long as required under Data Protection Law.

10. RETURNING OR DELETING PERSONAL DATA

(1) To take into account clause 9(5) of the TutorOnboarder Terms, which allows you to reinstate a terminated Subscription within 28 days of termination, we will, within 35 days of the end of the provision of Relevant Processing, do the following:

(a) At your written instruction, by email to hello@totalonboarder.com, either:

(i) return all Personal Data to you in a structured, commonly used, machine-readable format, at your expense or

(ii) securely and irreversibly delete all Personal Data, in accordance with Data Protection Law and any applicable obligations under the DUAA.

(b) Delete all existing copies of Personal Data, including backup copies, unless Data Protection Law or the DUAA requires us to retain the data for a specified period. Where retention is required, we will:

  • restrict access to the retained data;
  • retain it only for the legally required period; and
  • securely delete it once the retention period expires.

(2) We will provide written confirmation to you once the return or deletion of Personal Data has been completed, including documentation of any DUAA-required access logs or retention.

(3) Except as required under Data Protection Law, we will not retain any Personal Data after the end of the provision of Relevant Processing.

(4) Outside of the reinstatement period described above, we will retain Personal Data only in accordance with our Privacy Policy. You may request permanent deletion of your Personal Data at any time by emailing hello@totalonboarder.com, and we will comply unless retention is required under Data Protection Law.

ANNEX 1 - DETAILS OF RELEVANT PROCESSING

For the purposes of Data Protection Law this Annex includes certain details of the processing of your, Personal Data as the Data Controller.

SUBJECT MATTER AND DURATION OF THE PROCESSING OF PERSONAL DATA

(1) The subject matter of personal data to be processed is that of the information which you, the Data Controller, enters and uploads by or at your request, onto the TutorOnboarder Platform.

(2) The duration of processing personal data will be for as long as you, the Data Controller, have an active Subscription Plan with the TutorOnboarder Platform. Once your Subscription Plan terminates in accordance with clause/section 9 of the TutorOnboarder Terms of Use we will deal with your data in in accordance with clause/section 10 of this Data Processing Agreement Schedule.

NATURE AND PURPOSE OF THE PROCESSING OF PERSONAL DATA

The nature and purpose of the Processing of Personal Data are to enable you, the Data Controller, to use the TutorOnboarder Platform as set out in the TutorOnboarder Platform Terms of Use.

TYPES OF PERSONAL DATA TO BE PROCESSED

The types of Personal Data to be processed are:

  • Names
  • Addresses
  • Contact details
  • Identification details
  • Other personal data types for to enable you, the Data Controller, to use the TutorOnboarder Platform as set out in the TutorOnboarder Platform Terms of Use.

CATEGORIES OF DATA SUBJECT

The categories of Data Subject to whom the Personal Data relates are:

  • You
  • Your employees, contractors and those who work with and for you
  • Your Suppliers
  • Your Clients
  • Other persons and organisation whose Personal Dara you require, to use the TutorOnboarder Platform as set out in the TutorOnboarder Platform Terms of Use.
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