Entered into between
Academic Success Achievers (Pty) Ltd. (herein after referred to as “the Agent”) and The Tutor Applicant (herein after referred to as “the Tutor”)
Subject to the final acceptance of the Tutor by the Agent, the Agent agrees to engage the Tutor, as an independent contractor, for the providing of tutored lessons to Clients (individuals solicited by the Agent for the purposes of selling ‘packages’ of tutored lessons, to be conducted by the Tutor). For the purposes of this contract, ‘engagement’ is defined as having a valid web-based profile on the Agent’s database, so as to apply for individual tutoring projects which are deemed suitable to the Tutor.
2. Nature of Appointment:
The Tutor expressly acknowledges and agrees that the Agent shall engage the Tutor as an independent contractor, and not as an employee of the Agent.
3. Agency Representation:
The Tutor hereby authorises the Agent to represent its tutoring services as an agency, which representation will include but not be limited to marketing for Clients, setting prices and invoicing, collecting and holding payment for tutored lessons on its behalf, and making over payment for tutored lessons to the Tutor, subject to further conditions herein.
4. No Guarantee of continued Engagement:
The Tutor understands that this Contract is not a guarantee of continued engagement as an Independent Contractor with the Agent and that such engagement is terminable at any time by the Agent or the Tutor, with or without cause, in accordance with Section 21 below.
5. No Guarantee of Tutoring Projects:
The Agent shall endeavour to advertise specific tutoring project opportunities to the Tutor, in accordance with its systems and policies, it being expressly agreed that the Tutor may not make any claim or demand upon the Agent for the provision of tutoring projects. In particular, the Tutor acknowledges that, among other factors, Client discretion ultimately dictates which Tutor is finally chosen to render their services to the Client.
6. Negotiation, Collection and Holding of Fees:
The Tutor hereby authorises the Agent to set, negotiate, invoice, collect and hold tutored lesson fees on the Tutor’s behalf, subject to deduction of agency fees, as outlined hereunder, and subject to due fulfillment by the Tutor of its obligations herein with respect to each tutored lesson.
7. Release of Payment:
In return for the Tutor’s acceptable performance in providing tutored￼ lessons, in accordance with this agreement, the Agent shall release client payment to the Tutor at the lesson rate advertised and agreed to at the outset of each tutoring project. Rates for tutored lessons to be provided by the Tu as advertised by the Agent may vary between tutoring projects and are all-inclusive; any costs required to be incurred in providing the tutored lesson are to be borne by the Tutor.
8. Freedom of selection of tutoring projects:
It is expressly noted that the Tutor is free to select and apply for such tutoring projects which it deems suitable and is in no way bound to apply for tutoring projects referred if such projects are deemed to be unsuitable due to the advertised fee amounts or lesson scheduling.
9. Agency Fees:
(a) The Tutor agrees that in exchange for the Agent’s services, as specified elsewhere herein, the Agent shall charge the Tutor ‘agency fees’, which shall be inclusive of VAT, which agency fee will be deducted from any monies received and held by the Agent from Clients in respect of tutored lessons conducted by the Tutor, prior to release of earned fees to the Tutor.
(b) The percentage of agency fees charged per tutored lesson may vary from one project to the next, depending on the precise Lesson Package purchased by the Client. For ease of reference, the Tutor shall receive the net ‘tutor pay’ amount advertised to such Agent in relation to the particular tutored lesson, such amount having already had the agency fee deduction applied. For example: If a tutored lesson is advertised to the Principal as having an hourly tutor pay of R100/hour, then this full amount of R100/hour will have already been calculated net of agency fees and will be paid to the Principal in its entirety.
10. Payment Conditions:
The Agent shall make payment of fees for tutored lessons to the Tutor within 30 days of lesson completion, subject to the Principal’s request for payment via the web-based system, and due provision by the Tutor of a Lesson Schedule (See Section 16) and a Progress Feedback report (See Section 17) per Client.
The Tutor acknowledges that as an independent contractor they are solely responsible for reporting and paying any tax due under South African income tax law (if applicable) in respect of income derived through providing tutored lessons.
12. Tutored Lessons:
The Tutor is responsible for providing tutored lessons to learners using its preferred methods and discretion, to ensure customer satisfaction. However, the Tutor agrees to make every effort to ensure that each tutored lesson it provides fulfills basic Client expectations, two of which are listed below:
(a) The tutored lesson should take place precisely as specified on the Lesson Schedule confirmed in consultation with Client, particularly with respect to the location, dates and times of lessons.
(b) The tutored lesson should be conducted with careful appreciation of the precise subject need of the learner and with a degree of planning by the Tutor so that the tutored lesson enables learning progress to be made by the learner.
13. Learning Materials:
The Tutor is required to provide their own materials, tools, or supplies for the providing of tutored lessons. The Tutor acknowledges that the Agent will not provide￼ any such materials. In this regard, the Tutor is free to use any appropriate material while providing a tutored lesson.
14. Scheduling of Tutored Lessons:
(a) The Agent is primarily responsible for scheduling lessons with Clients.
(b) In the event that the Tutor deems it necessary to make arrangements directly with Clients regarding lesson scheduling, the Tutor agrees to inform the Agent timeously. (c) In the event that the Tutor cannot fulfill a scheduled lesson commitment, due to an exceptional unforeseen circumstance, the Tutor agrees to notify the Agent at least 8 working hours prior to lesson commencement. The notice period above is calculated based on working hours only (09h00-17h00). Example: A lesson at 10am on Tuesday needs to be cancelled by 10am on Monday at the latest.
15. Lesson Duration:
The Tutor is free to choose the length of the tutored lessons it applies to provide, by applying for projects which meet their scheduling preferences. Should the Principal exceed the lesson time stipulated on a Lesson Schedule, the Lesson fee negotiated by the Agent on behalf of the Principal cannot be increased.
16. Presentation of Lesson Schedules:
(a) The Tutor agrees to present printed Lesson Schedules, as supplied by the Agent, to each Client or learner upon completion of each tutored lesson, so as to secure Client confirmation regarding tutored lessons received.
(b) The Tutor agrees to submit to the Agent signed Lesson Schedules on or before the 25th of any month in respect of which tutored lessons are provided by the Principal and in respect of which the Principal wishes fees earned to be released.
(c) The Tutor is required to use one Lesson Schedule per Client per monthly period (26th to 25th) in which tutored lessons have been provided. That is, if the Tutor tutors more than one Client, the Tutor is required to complete more than one Lesson Schedule. (d) Only fees relating to lessons on the Lesson Schedule with corresponding signatures will be paid for. Tutors will not be paid for any lessons that are future-dated (i.e. after the 25th), even if they are signed for. Lessons from the 26th onwards must appear on a new Lesson Schedule and must be submitted the following month. Lesson Schedules may be faxed or emailed to email@example.com.
17. Progress Feedback:
The Tutor agrees to provide to any Clients in respect of which tutored lessons have been conducted, written feedback on the progress being made with each learner. This feedback shall be provided by the Tutor through completion and submission of an online form, made available by the Agent, by the 25th of any month in respect of which tutor fees are to be requested.
18. Facebook Fan Recommendation:
The Tutor is encouraged to ‘become a fan of’ or ‘like’ the Agent’s Facebook Fanpage, for the purposes of certain communications, including promotions and special opportunities.
The Tutor agrees that, during the time that the Tutor is engaged by the Agent and for twelve (12) months after such engagement ends, the Tutor will not provide￼ paid or unpaid tutoring services for any “Referred Client” (“Referred Client” shall mean any person who was introduced to the Tutor by the Agent). In this way, the Principal agrees to not circumvent the Agent.
Compliance with these terms and conditions and with reasonable instructions from the Agent’s staff or management is required. Violations of such terms may result in termination of this agreement, revoking of scheduled lessons with Clients, the refunding of outstanding fees owning to the to the Client (see 22), and even civil litigation, as may be warranted.
This Contract may be terminated in writing by either party with immediate effect, with or without cause.
In the event of a dispute between the Tutor and a Client regarding the relationship or tutored lessons between the Tutor and the Client, the Tutor authorises the Agent to investigate and mediate such dispute on its behalf and agrees to be bound by the Agent’s ruling, which may involve the refunding of any unpaid lesson fees to the Client.
The Tutor shall forever indemnify, exculpate, and hold the Agent and its agents, members, employees, successors and assigns (hereinafter ‘Agent Indemnified Parties’) free, clear and harmless from and against, and agrees to promptly defend the Agent Indemnified Parties from and reimburse the Agent Indemnified Parties for, any and all actions, losses, costs, expenses, damages, liabilities, obligations, judgments, settlements, and claims of any kind (including, without limitation, attorneys fees, expenses of litigation and other legal costs and expenses), arising directly or indirectly as a result of the Tutor’s actions and the performance or failure to perform by the Tutor of its obligations under this Contract or at law.