Tutor Agreement
This website page constitutes a binding Agreement made as of the date of submission of the Careers form by and between Tutor Lim (hereinafter ‘Tutor Lim’), and the Tutor whose name is the name under which your ABN is registered, who is located at the residential address listed in the careers form (Hereinafter ‘The Contractor’).
Tutor Agreement, Regulations & Privacy Statement
WHEREAS Tutor Lim desires the services of The Contractor and The Contractor desires and agrees to perform such services for Tutor Lim.
WHEREAS, Tutor Lim wishes to employ the Tutor as an independent contractor to provide said services to and for the benefit of Tutor Lim’s customers or clients as needed;
WHEREAS, The Tutor represents that he or she is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between the Tutor and any third party,
NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein, the parties agree as follows:
DEFINITIONS
The Contractor: A person whose is sub-contracted to provide tutoring services to The Customer(s) of Tutor Lim, on behalf of Tutor Lim, subject to this Agreement.
The Customer(s): Any person who has requested tutoring services from Tutor Lim.
The Services: All tutoring services that The Contractor performs for The Customers of Tutor Lim.
Tutor Guidelines: Provided by Tutor Lim to The Contractor — Includes all regulations.
CUSTOMERS
The Contractor acknowledges that all Customers are customers only of Tutor Lim and that he/she shall not, for a period of three (3) years after the termination of this agreement, directly or indirectly, in any manner whatsoever contact any Customers, for the purpose of selling to such Customers any services which are in any way competitive with, Services sold at that time by Tutor Lim, its Affiliates, marketing partners or agents. Any new customers contacting the Contractor for similar services via referral of customers of Tutor Lim must be directed to Tutor Lim. If The Contractor is found to be in breach of this term, he/she will be immediately liable to make payment to Tutor Lim for all revenues collected by The Contractor from these Customers.
PAYMENT
Tutor Lim shall pay The Contractor, as compensation for the Services, in accordance with the payment schedule set forth in Appendix A.
SCOPE OF SERVICES AND TERM
The Contractor shall provide services to Tutor Lim as described in Appendix A attached hereto (the “Services”), and Tutor Lim hereby retains The Contractor to perform the Services during the term of this Agreement, commencing on the date of submission of the Careers Form, continuing for 12 months after this date and automatically renew for an additional 12 months. The Services shall be performed in accordance with such requirements or restrictions as may be lawfully imposed by governmental authorities.
CONFIDENTIAL INFORMATION
All information provided by Tutor Lim to The Contractor or resulting from the performance of this Agreement is deemed to be confidential. The Contractor shall hold such Information in confidence, use only for the purpose of providing the Services, and shall not disclose such Information to any third party. All Information shall remain the property of Tutor Lim. Section 6.0 shall survive and continue after any termination of this Agreement.
TAXES AND REGISTRATIONS
The Contractor shall have sole responsibility for payment of all federal, provincial and local taxes or contributions imposed or required under unemployment insurance, social assistance and income tax laws and for filing all required tax forms or other registrations arising out of The Contractor’s performance of the Services and with respect to any amounts paid by Tutor Lim.
RELATIONSHIP OF PARTIES
Tutor hereby agrees that he/she is an independent contractor and not an employee of Tutor Lim. Tutor understands and agrees that he/she is not entitled to any benefits provided to any employee of Tutor Lim. Nothing herein will constitute Tutor as an agent for Tutor Lim or grant Tutor the authority to make representations or agreements on behalf of Tutor Lim. Tutor further agrees that in the event that Tutor Lim suffers any loss or damage as a result of a violation of this provision, Tutor shall indemnify and hold harmless Tutor Lim from any such loss or damage.
INDEMNIFICATION
While on the premises of Tutor Lim or Tutor Lim’s customers, The Contractor shall comply with all reasonable rules and regulations established at such premises. The Contractor hereby agrees to indemnify and hold harmless Tutor Lim, and its officers, agents and employees, from and against any and all liability, loss, damage, cost and expense (including lawyers’ fees) on account of any claim, suit or action made or brought against Tutor Lim, or its officers, agents or employees, arising from the services performed by The Contractor hereunder, including any act or negligence of The Contractor in connection with such services, or arising from any accident, injury or damage caused to any person or to the property of any person during the performance of such services, or arising from damage to or loss of The Contractor’s property while on the premises of Tutor Lim or Tutor Lim’s customers in connection with this Agreement. The Contractor shall not be liable to Tutor Lim for any damages resulting from any act of negligence on the part of Tutor Lim or its employees, or resulting from any representations previously approved by or materials or information supplied by Tutor Lim.
TERMINATION
Tutor Lim may, upon 14 days prior written notice to The Contractor, terminate this Agreement and, in such case, Tutor Lim’s obligations shall be limited to payment to The Contractor in accordance with Appendix A through the notice period. The obligations of The Contractor pursuant to Sections 4.0, 5.0, 6.0,7.0, 9.0 and 11.0 shall survive any termination of this Agreement. The Contractor will, within five days after termination, return all materials which are the rightful property of Tutor Lim, to Tutor Lim. The Contractor will provide 30 days’ notice to Tutor Lim should they wish to terminate this contract.
INFRINGEMENT
The Contractor warrants that, in rendering services hereunder, he/she shall not knowingly infringe any copyright, trade secret or other intellectual property right of any third party, and that it shall use best efforts to avoid any such infringement. The Contractor hereby agrees to defend Tutor Lim against any claim of copyright, trade secret or other intellectual property infringement made against Tutor Lim on account of the Services rendered by The Contractor. The Contractor further agrees to indemnify and hold Tutor Lim harmless against any loss, damage, award or expense (including reasonable lawyers’ fees) resulting from such a claim.
Below are Commonly Asked Questions:
How does payroll work?
All tutoring events and duration are recorded via Teachworks. Total hours and wages will be automatically calculated.
How do I get paid? and how frequently do I get paid?
Every tutoring hour you conduct, will be recorded in our system. At Tutor Lim, payroll is released every fortnight. At the start of week, after the closure of previous fortnight. Timesheet closure usually happens on the Wednesday/ Thursday. Tutors will get paid on the following Monday/ Tuesday.
What type of employment am I under?
It's varies for all tutors. By default, you will be engaged under casual employment. Under casual employment, all tutors are classified as 'independent contractors' rather than 'employees'. For part-time or full-time employment, information will be shared during onboarding and tutors will be advised accordingly by our staff members. Employment type depends on how active you are within the organisation.
If I am put on trial, do I still get paid for my first lesson?
Yes! As long as you passed your trial session, the hours conducted will be included in first time payroll.
How do I qualify as a tutor?
To qualify as a tutor, you will have to go through all onboarding steps.
What if I fail my first trial lesson?
If you fail your first trial lesson with your appointed student, you will not be accepted to the community. Depending on the scenario, you may be given a second opportunity (To be evaluate case-to-case). Candidate who is unsuccessful in his/ her first trial, usually fail to complete one (or more) of the following items:
- Fail to create rapport with the student.
- Fail to come prepared to the lesson.
- Fail to deliver the lesson or unable to answer any questions being asked by the student during the lesson.
Read More Tutor FAQs here:
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