In our T&C conditions, Customers refers to any person who is a legal parent or guardian, who subscribes to the online tutoring service of WyzTutor.com for their child/children.
WHEREAS, WyzTutor.com (Australian Teachers Corporation Group) desires to engage the Tutor on a contract for service for online tutoring of children (“Service”) in the Primary, Secondary and Higher Secondary levels using the Internet service and required computer hardware and software as per the specifications set by WyzTutor.com
WHEREAS, the Tutor represents that he/she wants to provide online Tutoring and has scored an A or A* level in the subjects he/she tutors to students through WyzTutor.com; and
NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth, the parties hereby agree as follows:
Tutor Status: Neither this Agreement, the Terms of Use, nor use of WyzTutor.com (“The Site”) or WyzTutor.com creates an independent contractor, employee/employer, partnership, joint venture, or franchiser-franchisee relationship between Tutor and WyzTutor.com.
The Tutor will be an Independent Tutor and not WyzTutor.com’s employee for all purposes, including, without limitation, applicable to all Labor and Corporate laws.
Description of Work: The Tutor will be responsible for providing tutoring lessons ("Sessions").
The Tutor will retain absolute discretion as to the manner and means of carrying out the tutoring services while fully complying with the terms and conditions set forth in this Agreement.
The mode of Sessions will be “Online‟, using the Tutor‟s Internet connectivity and Computer which shall be duly licensed and authorized to use by the Tutor.
The delivery platform or the software for carrying out a Session, known as Learning Management System (“LMS”) shall be provided by WyzTutor.com.
Verification of Identity. The Tutor agrees to provide WyzTutor.com with valid, legal documentation to evidence their identity. This can be copies of the tutor’s Passport, Driving Licence or Student ID card.
WyzTutor.com may request and the Tutor must provide Tutor’s personal identification documents to the satisfaction of WyzTutor.com, certified copies of relevant qualifications, non-family member references (if requested), and appropriate information, and willing to undergo a criminal background check.
The tutor also hereby agrees that WyzTutor.com reserves the right to update and run repeat background checks annually or at any time during the tenure of service with WyzTutor.com.
The tutor agrees that he/she shall immediately notify any criminal charges or any detainment for any criminal charge until the validity of this agreement. Such notification must include a full and complete disclosure including any official supporting documentation.
Non-Exclusivity: The Tutor and WyzTutor.com acknowledge that this Agreement is non-exclusive and the Tutor is free to engage in and simultaneously perform any employment or other services during the tenure of this Agreement.
Nothing herein precludes the Tutor from advertising or providing The Tutor’s services to the general public. However, while accepting payments through WyzTutor.com, the Tutor is never to advertise or provide The Tutor’s services to any or all of WyzTutor.com’s students and their parents or guardians, including direct and indirect referrals from students, clients, and families that the Tutor is tutoring.
Non-compliance shall evoke compensatory legal proceedings from WyzTutor.com and the Tutor shall be liable to compensate the WyzTutor.com as decided by the management for such competing acts or deeds from the Tutor’s side.
Working Hour Policy: The Tutor agrees to abide by WyzTutor.com’s Working Hour Policies as outlined below:
Scheduling: The Tutor shall set The Tutor’s own hours and schedule The Tutor’s own sessions. The schedules have to be published at least a month in advance and once a Session is booked by a student, it should not be changed unless through mutual agreement of the student and tutor.
In the case of extreme emergencies WyzTutor.com may consider such changes but habitual or frequent variations or cancellation of booked schedules shall lead to termination of the contract with the Tutor.
Payments: The Tutor shall receive a flat hourly rate as agreed and intimated by the WyzTutor.com at the time of Tutor selection.
The Tutor shall be paid through the WyzTutor.com’s payment processing system for any services rendered to WyzTutor.com’s students.
Under no circumstances shall the Tutor attempt to seek or receive compensation directly from WyzTutor.com’s students or parents.
Neither shall the Tutor solicit any service in kind or material from any WyzTutor.com’s students or parents.
For billing purposes, the total number of tutoring sessions, as 1 hour sessions will be calculated from the LMS.
Payment System: The Tutor agrees to abide by the Tutor Payment Policies as outlined below:
a) Electronic Payments: Payments are made via electronic transfer every 1 month based upon the monthly hours generated from the LMS
b) No Direct Payments from Students: The Tutor agrees not to subvert the payment system or to divert funds ordinarily payable to The Tutor through WyzTutor.com. The Tutor will never accept direct payment from a student or his or her parents / guardians for any Tutoring Services.
d) 24 Hour Cancellation: The Tutor is required to give the student a 24 Hour Notice if The Tutor intends to cancel a planned tutoring session.
e) If The Tutor is late to a scheduled Session by 15 minutes or more, The Tutor agrees to forfeit that portion of their pay rate. This will be reflected on their electronic payment.
f) No Show Reimbursement Fee: If The Tutor fails to show up for a scheduled session The Tutor will be required to pay a Compensation charge equal to his hourly rate. The tutor also agrees to provide a compensation class for the student.
Tutor is solely responsible for all costs and expenses related to the services provided hereunder including, but not limited to, expenses associated with preparing for and administering Sessions, Internet Expenses, Software and hardware license fees which are used on the Tutor’s computer.
CEG will not be liable to the Tutor for any expenses incurred in the rendition of services or for any supplies thereto.
Clean Online Footprint: The Tutor agrees to maintain a clean online footprint, meaning that all of The Tutor’s personal and professional online media and social networks, including but not limited to Personal Websites, Facebook, LinkedIn, Twitter, Instagram, Google+, Wordpress, Tumbler, Pinterest, etc., are either suitable for children or have appropriate privacy locks in place.
Professional Competence & Responsibility: The Tutor agrees to maintain an appropriate level of professional responsibility and competency in the subjects in which they are tutoring.
Taxes: The Tutor is responsible for all taxes and levies as applicable by relevant law. The Tutor understands that it is The Tutor’s responsibility to pay any applicable taxes.
Benefits: The Tutor acknowledges that The Tutor is engaged in an independent business and is not eligible to participate in any pension, health, Insurance or other fringe benefits plan of WyzTutor.com.
Confidentiality: The Tutor acknowledges that, during the performance of services, The Tutor will have access to information relating to student's identity, address, contact information, and other personal information or requests for services ("Confidential Information").
Tutor agrees that the Tutor owes a duty and legal privacy responsibility to WyzTutor.com, its students, and parents and such third parties, during the term of this Agreement and thereafter, to hold all such Confidential Information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out the services consistent with this Agreement.
This shall include but not limited to: All information concerning students, patrons, learners, employees, and other independent contractors, including but not limited to information concerning their age, sex, sexual orientation, religious affiliation, ethnicity, national origin, ancestry, disability, or other personally identifiable information
All information of a competitively sensitive nature, including trade secrets or confidential or proprietary information of any sort, including, without limitation, information relating to products, processes, know-how, designs, developmental or experimental work, computer programs, databases, or other original works of authorship, customer lists, business plans, financial information or other subject matter pertaining to any business of the Company or any persons or entities with which it does business
All information concerning Company policies, strategies, finances, pricing, pay rates, use of independent contractors, and the nature of relationships between corporate management and its service providers, customers, and end users - including the specific questions such users ask while using the Company’s services.
Tutor Documents: Tutor acknowledges that a copy of all documents created or received by the Tutor in connection with the administration of services performed hereunder ("Tutor Documents") may be retained by WyzTutor.com and used for its administrative purposes, including, but not limited to materials associated with the teaching of Sessions including Session plans, notes, outlines, tests and homework brought in by the Tutor.
