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The document titled 'Online Tutoring Terms and Conditions' is a contract between the account job company and the tutors for the supply of online tuition services to the members of the website. The document outlines the scope of the service, the obligations of the tutor, the service fees, warranties and indemnities, termination, cancellation, laws and permits, background checks, ownership of materials, confidential information, amendment, assignment, severability, further assurance, warranty of capacity and power, force majeure, dispute resolution, notices and service, and counterparts.
The scope of the service is described in detail, stating that the company engages the tutor to provide online tuition services to the members through the company's virtual classroom. The tutor is responsible for installing the necessary software and communicating the schedule of the sessions to the members. It is clarified that the company is not responsible for the services provided by the tutors and that there is no employer-employee relationship between the company and the tutors.
The tutor's obligations are outlined, including the requirement to provide the services professionally and diligently, comply with all laws and regulations, and follow any instructions or variations issued by the company. The tutor is also expected to do all preparation prior to the sessions, keep member's education confidential, and review any material provided by the members.
The document explains the service fees and the process of invoicing and payment. It mentions the possibility of the tutor incurring expenses that are not included in the fee and the requirement to keep records and submit invoices for such expenses. The company has the right to dispute an invoice and the tutor is responsible for furnishing their supplies and equipment necessary to deliver the services.
Warranties and indemnities are addressed, stating that the tutor shall promptly notify the company of any delays or problems in the provision of the services and provide further services to rectify any defects. The tutor is also liable for personal injury or death arising from the services, unless due to the neglect or default of the company.
The term and termination of the agreement are explained, stating that the agreement is effective from the date of signing and can be terminated by either party with notice. The consequences of termination, including the return of materials and payment for completed services, are specified.
Cancellation of sessions is addressed, stating that both the tutor and the company have the right to cancel sessions with notice. If the tutor fails to give notice, payment for that session may be forfeited. If the tutor joins late for a session, they are expected to extend the session or forfeit a portion of their pay.
The document mentions the requirement for the tutor to comply with all applicable laws and regulations and obtain necessary licenses and permits. It also states that the tutor may be subject to background checks conducted by the company.
Ownership of materials is addressed, stating that materials delivered or placed on the site become the property of the company. Intellectual property developed under the agreement becomes the property of the company, and the tutor is not permitted to use the company's intellectual property without written consent.
Confidential information is addressed, stating that the tutor may have access to the company's confidential information and is not permitted to share or disclose it without written permission. The tutor is required to return all confidential information upon termination of the agreement.
The document includes provisions for amendment, assignment, severability, further assurance, warranty of capacity and power, force majeure, and dispute resolution. It also specifies the requirements for giving notices and provides for the execution of the agreement in counterparts.
In summary, the 'Online Tutoring Terms and Conditions' document is a comprehensive agreement that outlines the rights, obligations, and responsibilities of the company and the tutors in providing online tuition services to the members of the website.
1. Register for an account: To use the document, the tutor must register for an account via the website. If the tutor already has an account, they can log in using their user name and password.
2. Understand the scope of the service: Familiarize yourself with the scope of the service outlined in the document. This includes conducting tutorial sessions through the company's virtual classroom using specified software and communicating the schedule of the sessions to the members.
3. Fulfill tutor's obligations: Engage in the best and commercially reasonable efforts to provide the services to the members in accordance with the terms of the agreement. Provide the services professionally and diligently, comply with all laws and regulations, and follow any instructions or variations issued by the company.
4. Manage service fees: Invoice the company 14 days prior to the payment date and include any services performed and expenses incurred. Payment will be due on the specified date or 14 days after the receipt of the invoice. Keep records of expenses and obtain the company's written consent for any expenses over a certain limit.
5. Understand warranties and indemnities: Promptly notify the company of any delays or problems in the provision of the services and provide further services to rectify any defects. Be aware of the tutor's liability for personal injury or death arising from the services, unless due to the neglect or default of the company.
6. Termination and cancellation: Be familiar with the conditions for termination and cancellation of the agreement. Refund any fees in proportion to the services rendered upon termination. Give notice for session cancellations and be prepared to extend sessions or forfeit payment if joining late.
7. Comply with laws and permits: Ensure compliance with all applicable laws and regulations in the country, state, and/or city where the services are to be performed. Obtain any necessary licenses, permits, and/or permissions.
8. Background checks: Understand that the company may conduct comprehensive background checks on the tutor. Declare any criminal history and affirm that you are not listed on any sex-offender registry.
9. Ownership of materials: Be aware that materials delivered or placed on the site become the property of the company. Do not use the company's intellectual property without written consent.
10. Maintain confidentiality: Keep the company's confidential information confidential and do not share or disclose it without written permission. Return all confidential information upon termination of the agreement.
11. Follow dispute resolution procedures: Use all reasonable endeavors to resolve any disputes amicably and in good faith. Seek legal advice if necessary.
12. Give and receive notices: Serve notices by hand, e-mail, or post in accordance with the specified requirements. Be aware of the deemed time of service for each method.
13. Keep counterparts of the agreement: The agreement may be executed in any number of counterparts. Ensure that all parties have a copy of the executed agreement.
Please note that this guidance is a summary and does not cover all the details and nuances of the document. It is important to read and understand the entire 'Online Tutoring Terms and Conditions' document before using it.