Tutor's Policy

CONTRACT FOR TUTOR:

You are requested to carefully read the policy before registration.

This agreement is between:

1. ACADYON A MEDIA VEOIR PRODUCT (the Company), a private limited company providing an agency service to tutors with an address of 200-7404 KING GEORGE BLVD. SURREY BC V3W 1N6 CANADA.
2. The Tutor. The Tutor shall be willingly providing tuition services and the Company will act as an intermediary, handling fees on behalf of the Client (the student, parent or guardian).

CONTRACTUAL RELATIONSHIP:

1. AcadyOn functions as an intermediary, connecting Clients and Students with Tutors and vice versa. It handles fee collection from Clients on behalf of Tutors, including its own fee and VAT, payable solely by the Client. Tutors do not directly collect fees. AcadyOn is responsible for pursuing late payments from clients based on received timesheets.
2. Tutors are prohibited from making private arrangements with clients or students introduced by AcadyOn to avoid potential breach of contract situations. If such private arrangements are made, AcadyOn will remove the Tutor from its registration and cease further assignments.
3. In cases where clients or students referred by AcadyOn suggest Tutors to others, including friends and siblings, Tutors can only provide tuition through AcadyOn. If a Tutor provides tuition to a client introduced by AcadyOn and registered with another agency, the Tutor cannot invoice the other agency for payment.
4. Clients are contractually prohibited from entering private agreements with Tutors introduced by AcadyOn or referring Tutors to other clients or students. Tutors must not directly bill or invoice clients or accept payments from clients or students introduced by AcadyOn. These guidelines, along with AcadyOn’s terms of business and the Tutor's written confirmation of assignment, constitute the Tutor's contract with both AcadyOn and the Client.

TERMS AND CONDITIONS:

DESCRIPTION OF SERVICES:

1. This document constitutes a Service Contract and not an employment agreement.
2. The Tutor will operate as a self-employed entity, and this Agreement does not establish an employer/employee relationship.
3. AcadyOn is not obligated to offer additional paid or unpaid work in the future.
4. Upon accepting this Agreement, the Tutor commits to being available for services, as requested by the Client, at mutually convenient times in exchange for the agreed fee.
5. Both parties acknowledge that the Tutor is not obliged to provide services, and the Client is not obligated to provide work for the Tutor.
6. The Tutor agrees to consistently deliver services to the highest standard throughout the duration of this Agreement.
7. In case of unavoidable delays, the Tutor commits to notifying the Client promptly, even for minor delays, and will compensate for the lost time either by extending the current session or making up for it in the next session.
8. Once a placement is accepted, the Tutor is dedicated to the specified times and dates.
9. Upon the Client’s request, the Tutor will provide information about the Student’s performance.
10. The Tutor will maintain an updated record and schedule of all worked hours, as well as the Student’s academic progress and exam outcomes.

Further, the Tutor is expected to:

1. Arrive on time for each session.
2. Maintain a presentable and respectful appearance consistently.
3. Demonstrate politeness, diligence, and helpfulness without using profanity, sexual innuendo, or derogatory remarks towards Clients or Students; such behaviour will result in immediate removal from AcadyOn.
4. Complete thorough preparation for every tutoring session.
5. Avoid cancelling lessons unless absolutely necessary, with a note that repeated cancellations or failure to inform the Client may lead to removal from the Team.

ACCOUNT REGISTRATION AND USAGE:

1. You must register an account on the Platform.
2. While registering make sure you provide accurate and complete information.
3. After you have an account you must promptly update your Account information with any new information that may affect the operation of your Account.
4. AcadyOn holds the right to make any inquiries considered necessary to verify your Account information or the information you provide to us in regards to any Services you provide through this Platform.
5. It’s important to adhere to student policies, including those related to service quality, confidentiality, tutor integrity, anti-harassment, and conflict of interest. Avoid using false identities or unauthorized accounts.
6. It's crucial to keep your Account information confidential and report any unauthorized use of your account to Acadyon promptly. Your responsibility extends to all activities on the Platform associated with your Account.
7. You agree that you will not allow, introduce or facilitate any other person to provide tutoring services from your account or on your behalf.

REPRESENTATIONS AND WARRANTIES:

You represent and warrant that you:

1. have the necessary and vital knowledge in teaching your subject
2. will use this Platform user-paid time solely to render the specified services.

INTERACTIONS WITH USERS AND PROVISION OF SERVICES:

You must acknowledge and agree to the following as a tutor:

1. Student acts as a technology service that facilitates the provision of tutor services to its Users. Neither the student nor AcadyOn play an active role in overseeing or exercise supervision over the provision of the services you provide through this platform. Neither the Student nor AcadyOn assumes responsibility for various aspects, including the accuracy, safety, legality, or quality of the content, services, nor information exchanged on the platform by you and the user. You are expected to evaluate and ensure the appropriateness and compliance of the interactions and information shared.
2. You, as the service provider, bear sole responsibility for your interactions with platform users. The onus is on you to exercise caution, discretion, and judgment in your use of the platform and the provision of services. Your participation is considered at your own risk, and the importance of taking reasonable precautions in interactions is underscored.
3. AcadyOn retains the authority to assess your adherence to its rules, policies, and the agreement. If you encounter instances where a user or another tutor is suspected of violating the law or posing threats, fraud, or endangerment, you are encouraged to promptly inform AcadyOn for assistance.
4. You are required to adhere to all relevant local, provincial, federal, and foreign laws, treaties, and regulations while providing the services.
5. The responsibility for the content of communications, assistance, and direction provided as part of the services rests solely with you.
6. Your usage of the Platform and provision of services should not involve harassment of users or other tutors. It should not disrupt the decorum of the platform by any party. Respecting user privacy is crucial, and you are expected to refrain from engaging in unwelcome, rude, or abusive communications, as determined by AcadyOn’s sole discretion.
7. Using the platform to arrange in-person meetings with users or providing services outside the platform is strictly prohibited. Services should be exclusively offered and conducted through the designated platform channels. Failing to do so will be considered a breach of the agreement and monetary penalties will be laid. Accordingly, AcadyOn shall have the right to apply to a court of competent jurisdiction.

APPEARANCE AND SETTING:

1. The professional appearance of AcadyOn Staff during sessions is crucial to mirror the high-quality services that the platform provides to its students.
2. The session’s background, behind the tutor should consist of a simple, light - colored wall or drape in a well-lit environment.
3. The background behind AcadyOn Staff should remain free of distractions to ensure a focused learning environment for AcadyOn’s students. This includes avoiding any visible artwork, people, windows, or other potential disruptions during sessions.
4. Maintaining a distraction-free environment is crucial; thus, there should be no ambient noise or other sounds that could disrupt AcadyOn’s students or diminish the quality of the session.
5. Ensuring a seamless experience, AcadyOn’s students should have sessions free from AcadyOn Staff’s background noise, encompassing people, telephones, music, or any other potential sources of distraction.
6. AcadyOn’s distinctive online teaching environment is characterized by clear visibility and audibility, meeting the expectations of students who anticipate a session with AcadyOn Staff that is both easily seen and heard.

AcadyOn Staff is required to follow login protocols and enter the session room associated with their schedule at least five (5) minutes before the session start time. Non-compliance with these protocols may lead to a recorded instance of tardiness or absence

THE COMPANY:

1. The Tutor acknowledges that the Company serves as an intermediary for the Client, undertaking responsibilities such as negotiating terms, obtaining Tutor feedback for optimal tuition, handling the Client's payment of fees to the Tutor, and facilitating communication between the Client and Tutor.
2. The Tutor agrees to treat all requests, instructions, and communications from the Company as if they originated directly from the Client.
3. The Tutor acknowledges the absence of a direct contractual relationship with the Company, meaning the Company bears no contractual obligations or liability to the Tutor. Furthermore, the Company does not act as an agent for the Tutor.

PAYMENT AND CANCELLATION POLICY:

1. The Tutor will receive payment at the agreed-upon Hourly Rate for each hour of provided services.
2. The Tutor will receive payment from the Company at the end of each calendar month, contingent upon accurate logging of tutoring hours, and assuming no challenges to these hours from the Client.
3. The salary will be paid on monthly basis after deducting 20% platform charges plus applicable taxes.
4. All financial transactions between the Client and the Tutor will be managed by the Company.
5. The Tutor is prohibited from directly contacting the Client regarding payment-related issues.
6. If the Tutor receives payment directly from any current or former Client, outstanding amounts will be retained by the Company. The Tutor is individually responsible for covering any costs incurred by the Company in the pursuit of full payments.
7. The Tutor recognizes their responsibility for settling all taxes under this Agreement. The Tutor agrees to indemnify and absolve the Client and the Company from any liabilities in this regard.
8. The Company will notify the Tutor if a Client is behind on payments. It is advised that the Tutor refrains from conducting tutoring sessions until the Company confirms receipt of payment from the Client. If the Tutor proceeds with the tutorial despite the outstanding payments, the risk of non-payment falls entirely on the Tutor. In case the Company cannot obtain payment for that session, the Company bears no responsibility for the Tutor’s fee. The Company follows a clear payment policy and actively pursues outstanding payments from Clients.
9. There may be Penalty Costs for being late, unfinished sessions, or a "no show" in any previously scheduled tutor session.

TUTOR DECLARATION:

The Tutor guarantees the accuracy of all information provided to the Client, whether through the Company or otherwise, both before and during the provision of tuition. The Tutor affirms their competence to teach the subjects outlined in the Curriculum Vitae and supported by qualification certificates submitted to the Company. Any violation of this clause gives the Client the right to terminate the Tutor's services promptly.

TERMINATION OF AGREEMENT:

1. Both parties acknowledge the significance of a positive relationship and trust between the Tutor and the Student. If, in the reasonable opinion of the Client, dissatisfaction arises with the Tutor, they must convey their concerns in writing to both the Tutor and the Company. This will result in an immediate termination of this Agreement, with no additional charges or payments owed to the Tutor. Similarly, if the Tutor, in their reasonable opinion, is unhappy with Client and/or Student behaviour, they are required to inform the Company, which may lead to the termination of the contract with the Client or the appointment of an alternative Tutor.
2. AcadyOn has the right to terminate the independent contractor without advance notice or additional fees, provided outstanding and unpaid earned fees (net of any Penalty Costs) are settled. This termination can occur at any time, including in the event of a breach of the agreement's terms and if:
• The Tutor engages in a serious or material breach of any obligations.
• The Tutor consistently commits minor breaches of obligations outlined in this Agreement.
• The Tutor conducts themselves in a manner that brings disrepute to the Company.
• The Tutor conducts themselves in a manner that brings disrepute to the Company.
3. Upon termination of this Agreement, the Tutor accepts responsibility for covering any directly or indirectly incurred costs, expenses, liabilities, or damages faced by the Client, as well as any actions taken by the Client in response.
4. Additionally, the Tutor retains the right to terminate this agreement at any time by providing a ten (10) days’ notice. AcadyOn, however, has the option to waive this notice, leading to an immediate termination of the agreement upon receipt of your notice.

OBLIGATIONS SURVIVING TERMINATION OF THIS AGREEMENT:

After the termination of the agreement, you are still obligated to preserve the Company’s Confidential Information, Intellectual Property, and uphold any other warranties and representations specified in the agreement. These commitments continue even once the formal arrangement has ended.

UTOR DECLARATION:

1. Throughout and after providing services, the Tutor, at all times, commits not to disclose any confidential information about the Company’s business affairs, encompassing trade secrets, client details, information about other tutors, pricing policies, operational methods, and future plans. However, disclosure compelled by law doesn’t breach this clause, and information widely known in the industry is not deemed confidential.
2. The Tutor agrees, both during and after rendering services, to exercise discretion concerning the Student, Client, and their home or family.

DATA PROTECTION:

1. The Company will utilize the Tutor’s information for administering services and facilitating placement with other suitable Students. For this purpose, the Company may share the Tutor’s information with other Clients but will not disclose it to external agencies.
2. The Company may use the information and profile image provided by the Tutor for advertising services and attracting Clients. References and client testimonials may be used at the Company’s discretion, ensuring no personal contact details or full names are revealed, and CVs remain confidential.

INDEMNITY:

You commit to defending, indemnifying, and keeping AcadyOn, its directors, employees, and agents, free from any claims, liabilities, damages, losses, and expenses, including legal and accounting fees, related to your violation of this Agreement, the provision of your services, and any third-party claims arising from your services, including allegations of infringement upon intellectual property rights.

LIMITATION OF LIABILITY:

Neither the Student nor AcadyOn assumes liability for incidental, special, exemplary, or consequential damages, including lost profits, data, or goodwill, service interruption, computer damage, system failure, or the cost of substitute products or services. This also applies to damages related to personal or bodily injury or emotional distress arising from this Agreement or your services. Regardless of whether AcadyOn has been informed of the possibility, such damages are not the responsibility of AcadyOn, even if a limited remedy provided here has failed its essential purpose.

MISCELLANEOUS:

1. There are no oral representations or agreements outside of the written agreement with AcadyOn, including any made by its officers, directors, or representatives. The written agreement is considered the final, complete, and exclusive statement of the terms between you and AcadyOn. It asserts that the terms cannot be altered or contradicted by any prior or contemporaneous oral or written agreements. Any modifications or waivers must be in writing and signed by AcadyOn.
2. The agreement stipulates that the terms outlined within it, if satisfied by AcadyOn, serve as the sole compensation and resolution for any claims or entitlements you may have upon termination. By agreeing to these terms, you agree to release AcadyOn from any and all claims related to the agreement and its termination. Furthermore, you commit to executing and delivering a release upon the company’s request when the agreement concludes.
3. If one party overlooks or forgives a default or breach of any term, condition, or covenant, it doesn’t imply a waiver of any subsequent default or breach, whether related to the same or different terms within the agreement. Each instance is considered independently, and the past waiver doesn’t set a precedent for future breaches.
4. The agreement is binding on and will benefit the involved parties, as well as their heirs, successors, and assigns. It extends to successors of AcadyOn through various processes such as voluntary dissolution, reorganization, merger, consolidation, or transfer of assets. In essence, the terms of the agreement continue to apply even if there are changes in the organizational structure or ownership of AcadyOn.
5. You acknowledge having read and understood the agreement, receiving an adequate explanation of its nature and scope. The agreement involves significant obligations, and you affirm that you’ve had sufficient opportunity, if needed, to seek advice from independent legal counsel before signing it.
6. The agreement will be interpreted in accordance with the laws of Canada that are applicable in the relevant jurisdiction.

CONFIDENTIALITY AND PROPRIETARY INFORMATION AGREEMENT

1. Your engagement as an independent contractor with AcadyOn grants you access to Confidential Information, which encompasses proprietary and confidential details from the Student, AcadyOn, its customers, suppliers, and others. This includes, but is not limited to, marketing plans, proposals, contracts, technical and/or financial information, databases, software, and know-how. It is emphasized that all Confidential Information retains its status as the confidential and proprietary information of AcadyOn.
2. In the course of your engagement, if you conceive, develop, or contribute to material related to AcadyOn’s business (referred to as “Proprietary Property”), including software, documentation, ideas, inventions, hardware, know-how, marketing plans, designs, techniques, and records, AcadyOn exclusively owns and you assign all rights to such property. This includes intellectual and industrial property rights like copyright, patent, trade secret, and trademark rights. Any material developed outside work hours or premises but related to AcadyOn’s business also falls under this agreement. You are required to maintain accurate records, promptly disclose, and deliver all Proprietary Property to AcadyOn.
3. During and after the engagement, you are obligated to maintain the confidentiality of all Confidential Information and Proprietary Property. These should only be used for authorized activities on behalf of AcadyOn. It’s specified that you shall not make any unauthorized use or disclose such information. Additionally, you agree not to bring onto AcadyOn’s premises or use any trade secrets, confidential information, or proprietary property of third parties without proper authorization during the course of the engagement.
4. Upon AcadyOn’s reasonable request, you agree to perform all reasonable acts and sign necessary documentation to ensure AcadyOn’s ownership of the Proprietary Property, AcadyOn property, and all related intellectual and industrial property rights. This includes providing written assignments of all rights to AcadyOn and any other documents necessary for registering patents, copyrights, trademarks, industrial designs, and other protections worldwide, as deemed advisable by AcadyOn.
5. You are agreeing to irrevocably and unconditionally waive all moral rights you may currently or in the future have in any Proprietary Property. This relinquishment includes any rights related to the integrity or authorship of such property.
6. You agree that, upon AcadyOn’s request, you will execute additional reasonable agreements related to confidentiality and proprietary rights. These agreements aim to safeguard Confidential Information or Proprietary Property as reasonably required by AcadyOn or the Student.
7. Irrespective of any changes in position, fees, or other conditions, including the termination of the engagement, you will remain subject to all the terms and conditions outlined in this Agreement and any other agreements executed accordingly.
8. You agree that your only remedy for any breach by AcadyOn of this Agreement is limited to monetary damages. In the event of such a breach, you will not make any claims regarding rights to or interest in any Confidential Information or Proprietary Property.
9. You recognize that the services you provide to AcadyOn under this Agreement are unique. You also acknowledge that AcadyOn would suffer irreparable harm in the event of your breach or threatened breach of obligations. In addition to other rights and remedies, AcadyOn may seek a temporary or permanent injunction to prevent such breaches. Any claims you assert against AcadyOn will not serve as a defence in any injunction action brought by AcadyOn.

CONFIDENTIALITY AND INTELLECTUAL PROPERTY:

You confirm that you have read and consent to be bound by the terms and conditions outlined in the confidentiality and proprietary information agreement attached to these Terms & Conditions, constituting an integral part of this Agreement.