WHEREAS, Customers refers to any person who is a legal parent or guardian, who subscribes to the online tutoring service of Wisefox, for their child/children.
WHEREAS, Wisefox desires to engage the Tutor on a contract for service for online tutoring of children (“Service”) in the Primary, Secondary and Higher Secondary levels in the UK using the Internet service and required computer hardware and software as per the specifications set by Wisefox
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 Wisefox; 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 wisefox.app (“The Site”) or Wisefox creates an independent contractor, employee/employer, partnership, joint venture, or franchiser-franchisee relationship between Tutor and Wisefox.
The Tutor will be an Independent Tutor and not Wisefox’s employee for all purposes, including, without limitation, applicable to all Labour and Corporate laws of the United Kingdom.
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 Wisefox as “SaaS‟ (Software as a service) and free of cost to the Tutor.
Verification of Identity. The Tutor agrees to provide Wisefox with valid, legal documentation to evidence their identity. This can be copies of the tutor’s Passport, Driving Licence or Student ID card.
Wisefox may request and the Tutor must provide Tutor’s personal identification documents to the satisfaction of Wisefox, certified copies of relevant qualifications, non-family member references (if requested), and appropriate information, and willing to undergo a criminal background check such as DBS (formerly CRB)
The tutor agrees to pay for the cost of DBS certificate and Wisefox agrees to facilitate DBS application process through their partner service providers.
The tutor also hereby agrees that Wisefox reserves the right to update and run repeat background checks annually or at any time during the tenure of service with Wisefox.
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 Wisefox 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 Wisefox, the Tutor is never to advertise or provide The Tutor’s services to any or all of Wisefox’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 Wisefox and the Tutor shall be liable to compensate the Wisefox 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 Wisefox’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 Wisefox 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 Wisefox at the time of Tutor selection.
The Tutor shall be paid through the Wisefox’s payment processing system for any services rendered to Wisefox’s students.
Under no circumstances shall the Tutor attempt to seek or receive compensation directly from Wisefox’s students or parents.
Neither shall the Tutor solicit any service in kind or material from any Wisefox’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 Wisefox. 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 Wisefox. 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.
Wisefox 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. Please refer to HMRC website for more information on the applicable taxes https://www.gov.uk/student-jobs-paying-tax
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 Wisefox.
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 Wisefox, 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 Wisefox 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.
Indemnity and Hold Harmless Clause: The Tutor agrees to indemnify and hold harmless Wisefox, its trading name Wisefox, affiliates, and their directors, officers, employees and agents, from and against any and all losses, expenses, costs, liabilities and damages (including any legal fee and expenses), any and all injuries, whether direct, consequential or incidental in nature, which result from, are connected with or arise out of the performance by the Tutor of work performed in relation to this Agreement, including any act by The Tutor inconsistent and immoral with The Tutor's status as an Independent Tutor.
The Tutor understands that Wisefox offers a marketplace for those seeking tutoring services and connects its tutors to those students. Accordingly, Wisefox makes no representations to the Tutor about the suitability, character or background of any Wisefox student, their parents / guardians nor does Wisefox perform any type of background check of its Students. It is The Tutor's sole duty to exercise The Tutor’s own judgment, protocols and/or standards when considering whether to engage in tutoring services with each student or client.
The Tutor is never obligated by Wisefox to pursue any tutoring opportunity.
Online Content: The Tutor acknowledges that all content posted by Wisefox on its website, blog, and online social media networks will be the property of Wisefox and may be distributed by Wisefox at the company's sole discretion.
Such content includes, but is not limited to, articles, lessons, worksheets, quizzes, tutorials, files, testimonials, reviews, video submissions, and blog entries ("Online Content")
Specific Restrictions: The Tutor hereby agree to abide the specific restrictions as mentioned subsequently:
(a) Abide to all applicable local, national, and international laws and regulations in his / her use of the Company’s web sites and participation in the wisefox.app / Wisefox online services
(b) Not interfere with any other tutor or student’s use and enjoyment of the Company’s web sites or programs
(c) To be solely responsible for the contents of his / her transmissions through wisefox.app/ Wisefox online services
(d) To not interfere with or disrupt the Company’s web sites or servers or networks connected to the Company’s web sites
(e) To comply with all requirements, procedures, policies and regulations posted on the Company’s web sites by the Company from time to time and or any networks connected to the Company’s web sites
(f) Not transmit either through wisefox.app/ Wisefox online services or directly to Wisefox students any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, pornographic, gross or otherwise objectionable material of any kind
(g) Not to transmit any material that violates the rights (including intellectual property rights) of any other party or entity.
(h) Not to transmit any material that violates any applicable local, national, or international law or regulation including, without limitation
(i) to not transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email or bulletin board postings depicting, mentioning or representing wisefox.app / Wisefox or transmit any other "junk mail", "spam", "chain letters", or unsolicited mass distribution of email or bulletin board postings to Wisefox’s students or to their parents/guardians.
(j) to not advertise other programs or services on the Wisefox’s website, blog, and online social media networks etc.
(k) To not promote any other products or services on Wisefox’s behalf to students or learners, their parents / guardians without specific authorization provided in advance by an authorized member of Company management
(l) To not schedule or conduct other tutoring sessions during any hours at a time scheduled for Wisefox
(m) To keep the Tutor’s username and password to the Wisefox LMS (login credentials) confidential at all times and ensure that no other person ever provides or attempts to provide tutoring using his/her login credentials.
Term: This Agreement and the respective duties of the parties hereunder shall continue until terminated by either party in accordance with this Agreement.
Assignment: The Tutor may not assign or transfer this Agreement without the prior written consent of Crown Education Group.
Termination of Relationship: Either party may terminate this Agreement for any reason at any time by giving 1 month’s written notice to the other party.
Amendment: This Agreement may only be amended or modified by a writing which makes express reference to this Agreement as the subject of such amendment and which is signed by The Tutor and, on behalf of Crown Education Group, by its duly authorized officer.
The parties agree that any amendment or modification hereunder may be transacted by electronic means within the meaning of the UETA provided that that any such amendments or modifications otherwise comply with the requirements in this paragraph .
Severability: If any term, provision, covenant or condition of this Agreement or part thereof, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant, or condition shall remain in full force and effect, and any such invalid, unenforceable or void term, provision, covenant or condition shall be deemed, without further action on the part of the parties hereto, modified, amended and limited to the extent necessary to render the same and the remainder of this Agreement valid, enforceable and lawful.
Declaration: I agree to be bound by the terms of this Agreement effective immediately, regardless of whether Wisefox accepts my application, completes my background check, or offers me tutoring opportunities, and agree that in the event that either I or Wisefox terminate this Agreement relationship, the following provisions will survive indefinitely: Specific Restrictions and Confidential Information.
By signing below, I affirm that I have read and understand this entire Agreement and agree to be subject to all of its terms and conditions, as well as the entirety of the Sessions Delivery Manual.