Terms and Conditions
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- Terms and Conditions
1. Account Registration and Usage
a. Teachers or students shall not be sharing personal information or accounts.
b. All accounts should be registered under the user’s name on the platform (an “Account”)
c. All users on the platform must provide accurate and complete information. Shall there be any information that may conflict with your account user please promptly update it. You do authorize Your Tutor At Home to make any inquiries necessary or appropriate when it comes to the account information or verification provided on our platform. Accept and acknowledge all the client policies, including but not limited to those using our service and pertaining to service quality, confidentiality, teachers, tutors, students’ integrity. We will not tolerate any harassment and conflict of interest of any kind. We will not tolerate catfishing, impersonation, fake identities, or the use of another account that is not authorized to be used.
c. As the teachers, tutors, contractors, students, and users, you are solely responsible to safeguard and maintain the confidentiality of your account information. By signing up to our platform you agree not to disclose your information on a third party, and you are solely responsible for all actions or activities that happens to the use of your account on our platform whether you have given permission or not. Shall this happen or your account has been hacked your will immediately be notify by Your Tutor At Home of any unauthorize usage of your account. Should you be part of the illegal activities, your account will be suspended immediately, and no refund will be given. As well as legal actions may be taken against you given the damages of the illegal activities.
d. By joining this platform you agree that you will not allow or permit, nor enable, introduce, or facilitate other people to participate in these illegal activities mention in section c above. Nor would you allow people or yourself to use your account for providing tutoring services. This also includes others who may be subject to an agreement that is the same or like this agreement. Shall there be any rule breaking proper actions will be taken by either suspending a user’s account or legally taking the user to court for breach of contract.
2. Representation and Warranties:
a. As a user on this platform either as a teacher or a tutor, you represent and warrant that you possess the requisite and knowledge needed to teach the material you have chosen to teach and that you will utilize our platform for paid user and only to provide your services not otherwise. You are not allowed to create services outside our platform with our clients. There will be severe/legal consequences for these actions. However, you are allowed to have your own tutoring/teaching business with your own students’ outsides our platform if they are not students from our services/platform. Understand that you are to take a test to determine if you are qualifying or fitting for the position you are requested. Based on your score we can chose to provide you a trial period, a higher, or lower level for teaching. We are not required to accept and give a position just based on qualification. There is more than just applying. You are required to pass the background check and two interviews after the application and taking the test with a score of 85% or above. Shall we see you as a fit after the complete process, we will allow your services on the platform for a small fee. It may take up to two weeks before you hear back from us, please be patient. We want to secure and assure our teachers and students safety form any illegal activities or hackers or any kind. If you have any questions or concerns, please always feel free to email me at yourtutorathome@gmail.com
3. Interactions with Users and Provision of Services:
As a teacher and or tutor providing the services you agree and acknowledge to the following:
a. As a teacher or tutor please remain professional during your session. Do not discuss other topics if not related to the subject being taught. Please do not ask the student personal question or the
exact location of where they live. It is okay to know the states or town but not further as the student information shall always remain confidential.
b. A customer acts as a technology service that helps to provision the services of a teacher or tutor to its users. Neither the customer nor Your Tutor At Home is allowed to make editorial or managerial decisions regarding exercising control or supervising over the teacher’s or tutor’s services to its clients. Therefore, neither the customer nor Your Tutor At Home will be held responsible for any failure to comply with any applicable laws or regulations.
c. As per section a and b above, without limiting the terms of the “Limitation of Liability” section below. This states that neither the customer nor Your Tutor At Home is responsible for the use
and exchange of any information, files, or any goods between the you the teacher or tutor with users known as the student or client on our Platform. Furthermore, neither the customer nor
Your Tutor At Home can be held responsible for the truth accuracy, completeness, safety, timeliness, quality, appropriateness, legality nor applicability or anything being said or written
by you the teachers/tutors to the users the students/clients of the platform. This also include that without limitation to any services or other information provided and made available
through the platform.
d. As the teacher/tutor you are solely responsible for all interactions with the clients during sessions on the platform. Due to this, you understand that neither the customer/client nor Your
Tutor At Home will be responsible for your use of the Platform and your provision of the services. You will be held responsible at your own risk and discretion. Upon admission to our
platform, you agree to take reasonable measures and precautions in all interactions with our users/clients of our platform. You are solely responsible for and agree to exercise every caution,
discretion, common senses, and judgment in using the platform and providing services and or disclosing any information such as the client’s personal information, characteristics, or any
inappropriate information that is not required by your provision of services.
e. Upon admission to our program(s), Your Tutor At Home reserves all right to evaluate your compliance with our platform, rules, policies, and agreements. Should you found out or believe
anyone to have breached Your Tutor At Home compliances, defrauded, threatened, or is endangering anyone on our platform you should notify Your Tutor At Home of these illegal
activities immediately so we can act and assist.
f. As a teacher, tutor, or employee of Your Tutor At Home, you will comply with all applicable local, provincial, state, federal, and foreign laws, treatises, and regulations in connection with
services you are providing.
g. As mentioned previously, as a teacher or tutor you are solely responsible for the content of your subject, of the communications, the assistance, and the direction that you provide to the clients
as part of your services.
h. Teachers and tutors, you are NOT to record or otherwise store any teaching or tutoring sessions that you provide on a one-on-one through our Platform. Unless the teaching material was
prerecorded and uploaded as part of the course material, but for any occasions shall it involved a one-on-one session with a student. i. As a teacher or tutor, you are not allowed to use the Platform or provide any services in any manner that harasses a user, or another tutor, or interfere with any other users or party’s use or enjoyment on Your Tutor At Home’s Platform. As previously mentioned, you will respect the privacy of other users on our website. You are not to use and will not use our Platform to unwelcome, to be rude, or to be abusive in any forms either communications or in any verbal and disrespectful or detrimental manners to any parties as determined by Your Tutor At Home in its sole discretion.
j. As a teacher or tutor, you will not use our Platform to neither invite a user nor meet a user in person nor provide the services to a user of other or on other platform that is not users of our
website. This is in accordance with our platform’s rules and compliances. k. Shall any of the compliances above shall be broken, your rights on our platform shall be immediately revoke without further explanation.
4. Appearance and Setting:
a. The appearance of our teachers, tutors, and employee of our platform is very important;
therefore, always keep a professional appearance. Your appearance during the session reflects the professional nature and quality or the services Your Tutor At Home offers to Your Tutor At
Home’s client(s).
b. If you are doing a one-on-one session and not a recorded session the background of the session should be a simple wall or drape that is light in color and located in a brightly lit environment.
Always stay away from inappropriate or graphic background. Curtains that will move or shift, patterns, or dark colors are not permitted. There could be a time when Your Tutor At Home does a surprise check in on your session to make sure you’re a in compliance with our guidelines. c. In addition, there should be nothing else visible or of distraction behind our staff that could create a diversion for our client(s), including without limitation to artwork, people walking or talking, animals (such as: dogs, cats, birds, or etc.) or windows views of immediate environment or other distractions behind our staff.
d. As for the lighting background, use as much as a natural color as possible. It should be bright where the students shall have no issues to see the teacher or tutor. Please Do NOT have distort
or discolor light that looks like a video game image.
e. Sound, there should be no ambient noises or sound that could distract out client(s) or detract from the quality of the session. Please keep any pets and noises away during your sessions.
f. Noises, Your Tutor At Home’s client should enjoy a session free of any background noises, including but without limitation to people, pets, music, telephone, or any distracting sounds.
g. Video and Audio, we understand that not a lot of people can afford expensive equipment but do get a good quality one. Again, it does not have to be expensive, but something that can do the job right. The client(s) expect to be able to see and hear you clearly and well. Therefore, be considerate of your equipment.
h. We are all human and there are things such as sneezing, burping, coughing or anything else that can happen during session and sometimes can be unavoidable. If possible, pause or mute the
audio for at least 30 second whichever is applicable to you at the time. However, do not have your audio or video muted or paused for more than a minute as this will be subject to a written warning.
i. As a staff, teacher, or tutor you adhere to login protocols and log into Your Tutor At Home internal messenger/chat as well as enter the session room corresponding with your schedule a
minimum of 5 minutes prior to session start time. Failure to comply with the login protocols may result in record of tardiness or absent.
j. Absence, again we are human, and emergencies happen. You should have an emergency and will not be able to make it. Please let your student know that session is reschedule for another
time at least 24 hours in advance. Upon rescheduling with the student, you and the student can verify the time that best work to make up the time lost. If it is unavoidable to have 24 hours
rescheduling, please advise one of our staff and will we see if we can have another teacher or tutor cover your session that day. Again, as mentioned emergencies happen and cannot be
avoided sometimes and we completely understand; however, do not make it a habit as this can terminate your contract with Your Tutor At Home without further warning or explanation.
k. As a teacher or tutor, please reinforce your students or clients to check their messages or emails daily. This will be good practice in case of an emergency/rescheduling as mentioned above.
5. Fees
a. Fees are payable in respect of your provision of the services:
a. One-on-one sessions are paid on a per hour basis in accordance with the number of hours or partial hours or services you provide at the hourly rates specified in this agreement.
b. Subscription sessions are paid as a percentage of the course hours, videos uploaded, and the number of clients signed up for your course(s). Once the student or client is satisfied with your course after the trial period and are guaranteed of no return you will be paid after the subscription fees, advertising, and other fees such as maintenances are deducted from our platform for hosting your course.
c. All payments are inclusive of all applicable taxes for which you may be responsible for as a contractor, except for full-time employees.
d. Payments can also be subject to any penalties and cost that may be occurred due to being late, unfinished sessions, and or a “no show” for a previously schedule session.
e. For teacher or tutor to receive payments from Your Tutor At Home, you are required to create a PayPal account or our third-party payment processor. If there are any earned fees, they will be remitted to you via PayPal account as a net Penalty cost incurred. You are solely responsible for any fees that may be directly charged by PayPal in relation to your account and you are to ensure that you will be able to receive and withdraw money from your PayPal account. We are not held responsible if any payments are lost or not processed due to unverified accounts. Upon registering your payment details, it is your responsibility to assure that your PayPal account is valid, activated, and ready to go.
f. If you accumulate or incur any penalty costs without any fees against which to offset such penalty costs, you will remain liable for all costs to Your Tutor At Home for the full amount until such time that any earned fees payable to you has exceed the accumulated amount owed. Failing to pay any more money owed, will remain your responsibility to reimburse Your Tutor At Home for such penalty costs.
6. Endorsement:
a. You, the teacher, tutor, the client, student, and user acknowledge and agree that Your Tutor At Home does not endorse the platform and or any user of it and cannot be held responsible for
any damages or harm which results from your interactions, of anyone else’s, or with users of the platform. You, as the teacher and tutor, providing services in compliance of our platform, you
agree to the following: any legal remedy or liability that you are seeking or such third party is seeking to obtain for the actions or omissions of user of the platform will be limited to a claim
against such user who caused you or such third party harm; You, will not attempt to impose liability on, or seek any legal remedy from Your Tutor At Home with respect to such actions or
omissions.
7. Confidentiality and Intellectual Property:
You as a teacher, tutor, employee, client, student, and user of this platform acknowledge that you have read and agreed to be bound by all the terms and conditions of the confidentiality, proprietary information, and all the agreement attached and previously mentioned to these terms and conditions, which forms an integral part of this agreement.
8. Privacy:
As a user of this platform, you acknowledge and agree that you have reviewed, acknowledge, and agree to Your Tutor At Home Privacy Policy, which is available and mentioned above. Legal
action may be taken for not following the privacy guideline.
9. Indemnity:
You as a teacher, tutor, and user of this platform agree to defend, indemnify, and hold Your Tutor At Home, its officers, directors, employees, and agents harmless from and against any
claims, liabilities, damages, losses, and expenses such as, with and without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your and any
violation of this agreement, the services you provide, and or any claims made by a third party as a result of the services you provide. This also include any claim alleging your infringement upon
the copyrights, trademarks, trade secrets, patents, and or other intellectual property rights of such third party.
10. Limitation of Liability:
Neither the client nor Your Tutor At Home will be held responsible and liable for any of the following: Incidental, special, exemplary and or consequential damages, which includes lost profits, loss of data, or loss of goodwill. Neither will the clients nor Your Tutor At Home will be held liable for any service interruption, computer damage, system failure, the cost to substitute products or services, any personal damages, bodily injury, emotional distress arising out of or in connection with this agreement or of the services you provide or from any form of communication. In addition, Your Tutor At Home nor client can be held liable for the interactions or meetings with users of the platform or other persons with whom you communicate or interact as a result of your use of the platform whether based on warranty, contract, tort ( including negligence), product liability or any other legal theory, and whether or not Your Tutor At Home has been informed of the possibility of such damage even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Your Tutor At Home’s aggregate liability arising out of or in connection with this agreement exceed the amount of all fees the amount of all fees Your Tutor At Home has paid to you in connection with your provision of the services during the immediately preceding 6-month period or one thousand dollars (Cad $500.00), whichever is less. The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and Your Tutor At Home.
11. Termination
a. You agree that Your Tutor At Home may terminate the independent contractor relationship contemplated by this agreement and termination upon payment only for any outstanding and
unpaid earned fees (net of any penalty costs). You also agree that no additional advance notice or fees in lieu of notice are required in the event of such termination:
i. Termination can happen at any time without notice or any further payment. This included any breach of any terms made by you on this agreement.
ii. If your aggregate platform of your user rating falls below 9.1.
b. You may terminate this agreement at any time in your sole discretion upon providing Your Tutor At Home at least a month notice of your intention to do so. Upon receipt of such notice Your
Tutor At Home may waive notice depending on which event this agreement shall or shall not terminate immediately.
c. If terminated by Your Tutor At Home for breach of contract of any sort and depending on the severity of the damages, you are not allowed to reapply to our platform. Your application will be
immediately decline. However, if termination of contract happens at one own’s will and depending on number of days of notices and other factor(s), you may reapply after a year of your termination date.
12. Obligations Surviving Termination of this Agreement.
Upon termination, you are required to follow all obligations to preserve the company’s confidential information, intellectual property, and other warranties and representations set forth. Shall
any form of contract above breach, legal action may be taken against you depending on the severity of the damages.
13. Miscellaneous:
a. Regarding the COMPLETE AGREEMENT, there are no oral representations, understandings, or agreements with Your Tutor At Home or any of its officers, directors, or representatives covering the same subject matter as this agreement. This agreement the final, the complete, and the exclusive statement and expression of the agreement between you and Your Tutor At Home. All the terms and conditions of this agreement cannot be varied, contradicted, or supplemented by evidence of any prior or contemporaneous oral or writer agreements. This agreement may not be later
modified except by a further writing signed by Your Tutor At Home, and no term of this agreement may be waived except by writing and signed by the party waiving the benefit of such terms.
b. If you agree to be part of our team either as a full-time, part-time, or as a contractor you agree to the satisfactory of all claims. The terms set out in this agreement, provided that such terms are
satisfied by Your Tutor At Home are in lieu of and not in addition to and in full satisfaction of any and all other claims and entitlements; which you have or may have upon termination of this
agreement and the compliance of Your Tutor At home from any and all claims which you may have for whatever reason or cause in connection with this agreement and the termination of it. You agree to the terms set out in this agreement, and you specifically agree to execute and deliver upon request a release, if as, and when requested by the company upon termination of this agreement.
c. No waiver by the parties hereto of any default or breach of any term, condition, or covenant of this agreement shall be deemed to be a waiver of any sort or subsequent default or breach of the
same or any other term, condition or covenant contained herein.
d. Binding effect. This agreement shall be binding upon and inure to the benefit if the parties thereto and their respective heirs, successors, and assigns including without limitation to any successor of Your Tutor At Home by way of voluntary dissolution, reorganization, merger, consolidation, or transfer of assets of Your Tutor At Home. e. Severability. If any of the covenants contained in this agreement shall be held unenforceable or unreasonable by any reason of the area, duration, or type or scope of services covered by the said covenant, therefore the applicable covenant shall be put into effect in such reduced form as it may be decided by any court of competent jurisdiction. If, notwithstanding the foregoing, any portion or clause of any such covenant should be unenforceable or be declared invalid for any reason whatsoever. For instant, unenforceability or invalidity will and shall not affect the enforceable or validity of the remaining portions of the covenants, neither unenforceability nor invalidity portions shall be severable from the remainder of this agreement.
f. Governing Law. This agreement shall in all respects be constructed according to the laws of Florida, United States applicable therein.
g. You’re understanding and agreement. You acknowledge that you have read, understood, and agreed to this agreement and that you have received adequate explanation as to the nature and
scope of these contents. You recognize and agree that this agreement involves important obligations and that, if necessary, you have had the opportunity to seek independent legal counsel
before signing this contract.
14. Confidentiality and proprietary information agreement:
In consideration of your participation and commitment as an independent contractor of Your Tutor At Home, you further agree to the following:
1. Is or becomes public other than through a breach of this agreement.
2. Is known to you prior to the date of this agreement and with respect to which you do not have any obligation or confidentiality; or
3. Is required to be disclosed by law, whether under an order of a court or government tribunal or other legal processes, if you are to inform Your Tutor At Home of such requirement in sufficient time to allow Your Tutor At Home to avoid such disclosure by you.
4. You shall return or destroy any confidential information and or proprietary property as directed by Your Tutor At Home upon request at any given time. You are required and shall not fail to certify by way of affidavit or statutory declaration that all confidential information, proprietary property, and or Your Tutor At Home’s property has been returned or destroyed as applicable.
5. As an independent contractor with Your Tutor At Home, you may be given access to proprietary and confidential information belonging to the client, customers, employees, students, Your Tutor At Home, its suppliers, and other. Confidential information includes but is not limited to marketing plans, proposals, contracts, technical and/or financial information, databases, software and know-hot to. All confidential information shall remain confidential and proprietary information of Your Tutor At Home at all times.
6. During your engagement with Your Tutor At Home you may conceive, develop, create, and or contribute to material and or information related to the business of Your Tutor At Home including, but not limited to software development, courses, technical documentation, ideas, inventions (whether or not patentable), hardware, know-how, marketing plans, designs, techniques, documentation and records, regardless of the form or media, if any, on which such is stored (this referred to in this agreement as “proprietary property”). Your Tutor At Home shall exclusively own, and you do hereby assign all proprietary property and rights to Your Tutor At Home on which you conceive, develop, or contribute to during your engagement with Your Tutor At Home. This also includes you giving all rights including but not limited to all intellectual and industrial property and or other rights of any kind in or relating to the Proprietary Property including but not limited to all copyright, patent, trade secret and trade-mark rights in or relating to the proprietary property. Any material or information conceived, created, developed, or contributed to by you outside of work hours on Your Tutor At Home’s premises or using the company’s property and/or assets shall also be proprietary property and be governed by this agreement if such material or information relates to Your Tutor At Home’s business. This also includes any assets to be proprietary property and be governed by this agreement.
7. You should always keep full and accurate records accessible to Your Tutor At Home at all times. This includes, but not limited to all proprietary property and you should response promptly, disclose promptly, and deliver to Your Tutor At Home all proprietary property.
8. During or after your commitment with Your Tutor At Home, you shall always keep all confidential information and or proprietary property confidential. You are not allowed to use any of this information mentioned above only if the use is for the purpose of carrying out authorized activities on behalf of Your Tutor At Home. However, you are allowed to use or disclose confidential information for which you agree not to make any unauthorized use of whatsoever of or to bring onto Your Tutor At Home’s premises for the purpose of making unauthorized use whatsoever of any trade secrets, proprietary property of any third party, and or confidential information. This includes but is not limited to any trademarks or copyrighted materials, during your commitment with Your Tutor At Home.
9. At the reasonable request of Your Tutor At Home, you may be asked to sign necessary and all reasonable documentation to ensure Your Tutor At Home ownership of the proprietary property, Your Tutor At Home property, and all intellectual and industrial property rights and other rights in the same manners. You shall do all reasonable acts necessary to accommodate this request. This includes but is not limited to providing to Your Tutor At Home written assignments of all rights to Your Tutor At Home and or any other documents required to make Your Tutor At Home to document rights to and/or to register patents copyrights, trademarks, industrial designs, and such other protections as Your Tutor At Home consider advisable anywhere in the world.
10. In accordance with our agreement, you hereby irrevocably and unconditionally waive all your moral rights you may now or in the future have in any proprietary property.
11. If requested from time to time, you also agree to execute further reasonable agreements as to confidentiality and proprietary rights as Your Tutor At Home or the customers/clients may require protecting theirs or our confidential information or proprietary property.
12. Regardless of any changes taking place, fees or otherwise, including without limitation to termination of contract, unless otherwise stipulated in accordance with the terms
hereof, you as a contractor will continue to be subject to each of the terms and conditions of this agreement and any other(s) executed in accordance with the
preceding paragraph.
13. Upon entering and leaving contract with Your Tutor At Home, you agree that your sole and exclusive remedy for any breach by Your Tutor At Home of this agreement will be limited to monetary damages and in case of any breach by Your Tutor At Home of this agreement or any other agreement between you and Your Tutor At Home. You also agree that you will not make any claim in respect of any rights to or interest in any confidential information or proprietary property.
14. You acknowledge that you have read, understand, and ask question necessary about this agreement before signing contract with Your Tutor At Home. You also, acknowledge that the services you provide on Your Tutor At Home’s platform or branch under this agreement are unique. You also acknowledge and agree that irreparable harm will be suffered by Your Tutor At Home in the event of your breach or threatened breach of any of his or her obligations under this agreement, and that Your Tutor At Home will be entitled to seek, in addition to any other remedies or rights that it may have at law or equity, a temporary or a permanent injunction restraining you from ever engaging in or continuing any such breach hereof. You acknowledge and agree that any claims that you asserted against Your Tutor At Home shall not constitute a defense in any injunction action, application, or motion brought against Your Tutor At home.
15. You acknowledge that you have read, understand, and ask questions necessary
regarding this agreement before entering contract with Your Tutor At Home.