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TEACH ME 2 Additional rules and procedures for tutors

PARTIES' GENERAL OBLIGATIONS
1. Teach Me 2 shall provide the following Agency Services to the Tutor:
  1. introducing Tutors to Clients for Tutors to provide the Lessons;
  2. co-ordinating Lesson scheduling between the Client and Tutor;
  3. administrating and facilitating regular Progress Feedback Reports by Tutors to Clients;
  4. collecting the Client Fees from Clients;
  5. making payment of the Tutor Fees to the Tutor; and
  6. attending to any other reasonable administrative services for purposes of the Tutor providing the Lessons to the Student.
2. The Tutor will:
  1. indicate interest for available Lesson Packages that the Tutor is suitably qualified and available for;
  2. attend to each Lesson in accordance with this Agreement and the arrangement with the Client;
  3. complete the required Lesson Schedules and Progress Feedback Reports;
  4. render the necessary Request for Payment to Teach Me 2; and
  5. attend to any other reasonable administrative services for purposes of providing the Lessons, including providing an invoice to a Client for the Client Fees, who requests an invoice in respect of the Lessons received.
ENGAGEMENT OPPORTUNITIES
1. Teach Me 2 undertakes to advertise information on interested Clients and interest in Lesson Packages to the Tutor in accordance with Teach Me 2's systems and policies.
2. The Tutor may confirm interest and availability to offer the Lessons required by the advertised Lesson Package to the Client but acknowledges that, among other factors, Client discretion dictates whether the Tutor will be appointed by the Client to render the Lessons to the specific Client.
3. Teach Me 2 does not warrant that this Agreement will result in the Tutor being engaged by a Client to provide the Lessons to a Student.
4. The Tutor may only confirm its interest to provide Lessons to a particular Student if the Tutor is suitably qualified to offer the Lessons required by the Lesson Package and in accordance with the scheduling requirements of the Client.
5. Teach Me 2 is under no obligation to introduce a particular Client or make a specific Lesson Package available to the Tutor.
APPLYING FOR LESSON PACKAGES
1. When a Client indicates interest in a Lesson Package, Teach Me 2 will make relevant information available to Tutors, including:
  1. the scheduling requirements of the Client, including the commitment required by the Tutor in order to attend to all of the Lessons in the Lesson Package;
  2. the subject matter of the Lessons;
  3. the Tutor Fee that the Tutor will receive in respect of each Lesson rendered;
  4. location of the Client; and
  5. details about the Student and other Student-specific information.
2. The Tutor must confirm its interest to offer the Lessons through Teach Me 2's systems.
3. Teach Me 2 will inform the Tutor and provide the Tutor with the relevant information about the Client and Lesson Package if the Tutor has been engaged by a Client.
LESSONS
1. Teach Me 2 and the Client will agree to a schedule when Lessons will take place and Teach Me 2 will provide the Tutor with a Lesson Schedule in respect of each Client, setting out the relevant Lesson details.
2. The Tutor and Client are encouraged to make scheduling adjustments amongst themselves, however, the Tutor is required to inform Teach Me 2 of all such arrangements by updating their online lesson schedule as soon as possible and prior to each Lesson so arranged.
3. Tutors are responsible for:
  1. determining the preferred tutoring methods used during Lessons to ensure Client satisfaction;
  2. ensuring that they are knowledgeable about the subject matter of the Lesson and the needs of the Student;
  3. planning and preparing for the Lesson beforehand to ensure that the appropriate subject matter is addressed and that the Lesson endures for the agreed duration;
  4. providing appropriate and necessary materials, tools or supplies required by the Tutor's tutoring methods;
  5. ensuring that the Lesson takes place as specified in the Lesson Schedule in respect of time, date and location;
  6. Confirming the occurrence of each completed lesson within 2 weeks of it taking place.
  7. Providing written feedback on the progress of the Student during the Lessons tutored every month via the Teach Me 2 Tutor Portal.
4. The Tutor acknowledges that if a Lesson duration as set out on the Lesson Schedule is exceeded, the Tutor Fee for that Lesson will not be increased, and the Tutor will not be entitled to reduce the duration of any future Lessons.
5. Teach Me 2 will make payment of the Tutor Fees for the past month in respect of the Lessons confirmed by the Client on each Lesson Schedule and submitted to Teach Me 2 in terms of this Agreement in accordance with the Payment Schedule. Lesson confirmations that have not been timeously submitted to Teach Me 2 may result in the Tutor only receiving the corresponding Tutor Fees at a later date as indicated in the Payment Schedule
FEES AND PAYMENT
1. Teach Me 2 collects payment of the Client Fees directly from the Client on behalf of the Tutor as part of the Agency Services and deducts the Agency Fees from the Client Fees prior to paying the Tutor Fees to the Tutor as set out herein.
2. The Tutor agrees that in consideration for the Agency Services provided by Teach Me 2, Teach Me 2 will charge the Tutor the Agency Fees.
3. Teach Me 2 will hold the Tutor Fees on the Tutor's behalf and make payment of the Tutor Fees to the Tutor monthly in arrears in accordance with the terms of this Agreement.
4. Tutor Fees. The Tutor will only receive payment of the Tutor Fees that have been correctly included on the Request for Payment and evidenced by Lesson Confirmations and Progress Feedback Reports.
5. No interest. In the event that the Tutor does not receive all Tutor Fees requested in a particular month for any reason as set out herein, Teach Me 2 will not be liable to pay the Tutor any interest on such Tutor Fees.
6. Other than the Tutor Fees, the Tutor shall not be entitled to any direct or indirect compensation for the Lessons unless agreed otherwise in writing between the Tutor and Teach Me 2 and signed by both parties.
7. Manner of payment. All Tutor Fees will be paid to the Tutor via electronic transfer to the nominated bank account of the Tutor recorded in the tutor portal and the Request for Payment. Payment of the Tutor Fees will be in terms of the Payment Schedule, unless otherwise agreed.
8. Foreign currency. In the event that the Tutor requires to be paid in a currency other than US Dollars or into a bank account outside of the United States, the Tutor agrees that any payments due to him will be net of all bank charges and other exchange rate related charges related to or arising out of currency conversions and the transfer to the account of the Tutor.
9. No direct payment to Tutors. The Tutor acknowledges Teach Me 2's role to accept the Tutor Fee on behalf of the Tutor and agrees that all Client Fees are payable directly to Teach Me 2 by the Client. The Tutor agrees to not under any circumstances accept payment of the Client Fees from the Client directly and inform Teach Me 2 of any offers or attempt by the Client to do so.
10. Reasonable cancellation fee. If a Client cancels or reschedules a Lesson or Lesson Package without providing Teach Me 2 with the necessary notice as set out in clause 7.1 or requests that the Tutor be replaced without providing the necessary notice as set out in clause 8.1, the Tutor shall have the right to receive payment of the Tutor Fee for the Lesson that has been cancelled or rescheduled without the necessary notice, provided that the Client has made payment to Teach Me 2.
LESSON PACKAGES AND LESSONS
1. Lesson description. The Lesson type (e.g. single Student or group of Students) and Lesson duration (e.g 2 hours) of a Lesson Package purchased by a Client are fixed at purchase and cannot be modified without the express approval of Teach Me 2, taking into account the Tutor's availability. Where a request to amend the Lesson description is received from a Client, changes will only be made after consultation with the Tutor. Changes to the Lesson description may result in a change to the Lesson Schedule and/or the Tutor Fee for that Lesson Package.
2. Late arrival by Student. Should the Student arrive late for a Lesson, the Tutor is under no obligation to extend the duration of the Lesson and may end the Lesson at the scheduled time according to the Lesson Schedule. The Client contractually agrees to make every effort to inform the Tutor of its estimated time of arrival. The Tutor will record the start and end time of the Lesson on the Lesson Schedule and inform Teach Me 2 of any delayed or extended Lessons immediately.
3. Late arrival by Tutor:
  1. Tutors are obliged to arrive at Lessons on time. However, where the Tutor is late, the Tutor will inform the Client and Teach Me 2 as soon as possible and provide an estimated time of arrival and the actual time of arrival. The time of arrival must be recorded on the Lesson Schedule.
  2. The Client will be credited with the time that the Tutor was actually late, in increments of 5 (five) minutes, which will be redeemable at the Client's election or at the end of the Lesson, taking into account the Tutor's schedule and availability. Teach Me 2 will provide an official record to the Client and Tutor reflecting the time that is due to the Client.
  3. Late arrival for a Lesson by the Tutor may result in the Tutor Fee for the Lesson being withheld from the Tutor by Teach Me 2 until the Tutor has made up all the time that has been credited to the Client.
  4. In the event of the Client cancelling the Lesson Package as a result of the Tutor being late for scheduled Lessons, the Tutor will forfeit any Tutor Fees if Teach Me 2 has to refund the Client as a result of the cancellation.
RESCHEDULING OF LESSONS
1. Client rescheduling notice requirement. The Client contractually agrees that should the Client wish to reschedule a Lesson, the Client must provide Teach Me 2 with a minimum of 6 (six) business hours' written notice (business hours being the hours between 08h00 and 17h00 on a business day, being Monday to Friday, excluding all official public holidays) ("Business Hours") prior to the commencement of the scheduled Lesson to avoid forfeiting the Lesson. For example, a Lesson scheduled for 13h00 on Tuesday should be rescheduled by 16h00 on Monday. Teach Me 2 will immediately notify the Tutor of the change in scheduling.
2. Tutor rescheduling notice requirement. Should the Tutor require to reschedule a Lesson due to exceptional unforeseen urgent circumstances (including the Tutor's exam or work schedule, legitimate safety concerns, changes to scheduled Lessons, family emergencies, transport problems and illness amongst others), the Tutor must provide Teach Me 2 with a minimum of 6 (six) Business Hours' written notice prior to the commencement of the scheduled Lesson. For example, a Lesson scheduled for 13h00 on Tuesday should be notified by 16h00 on Monday. Any rescheduling of a Scheduled Lesson by a Tutor that is not due to an urgent reason will be a breach of contract and may result in Teach Me 2 exercising its right to cancel this Agreement in terms of clause 19.
TUTORS
1. Replacement of Tutors. In the event that the Client is not satisfied with the Lessons provided by a Tutor, Teach Me 2 will endeavour to replace such Tutor with an alternative Tutor which it deems suitable for the needs of the Student. The Client must submit the request to Teach Me 2 with a minimum of 6 (six) Business Hours' written notice prior to the commencement of the next scheduled Lesson to avoid forfeiting the Lesson. The Tutor acknowledges that the Client has the right to request that the Tutor be replaced with another Tutor.
2. Withdrawal by Tutor. Tutors have the right to withdraw from a particular Lesson Schedule on reasonable written notice (as set out in clause 12.2) to Teach Me 2 for various urgent reasons (including the Tutor's exam or work schedule, legitimate safety concerns, changes to scheduled Lessons, family emergencies, transport problems and illness amongst others). Any withdrawals from a Scheduled Lesson by a Tutor that is not due to an urgent reason will be a breach of contract and may result in Teach Me 2 exercising its right to cancel this Agreement in terms of clause 19.
NON-CIRCUMVENTION
1. For the duration of this Agreement and for 12 (twelve) months thereafter, the Tutor agrees to not provide any private tutoring services, whether paid or unpaid, to any Clients that the Tutor has been introduced to by Teach Me 2 ("Referred Clients").
2. If the Tutor is found to be offering any private tutoring services to Referred Clients during the term of this Agreement, Teach Me 2 shall be entitled to immediately cancel this Agreement.
3. If this Agreement is cancelled in terms of clause 9.2:
  1. Teach Me 2 will stipulate which scheduled Lessons the Tutor may complete, which may be none;
  2. the Tutor will only be entitled to the Tutor Fees in respect of Lessons actually completed; and
  3. the Tutor must comply with the requirements set out in this Agreement in respect of receiving the Tutor Fees for the completed Lessons by providing the required Request for Payment, Lesson Schedules and Progress Feedback Reports.
ACCEPTABLE USE
1. Tutor conduct towards Clients and/or Students. The Tutor shall:
  1. request all necessary information from the Client prior to each Lesson that the Tutor may require in order to properly assist the Student during each Lesson;
  2. only use language that is appropriate and not offensive or discriminatory and treat the Client and/or Student fairly and with respect;
  3. ensure that all communications with the Client and/or Student are appropriate and limited to what is relevant for the Lesson;
  4. not discuss any personal matters with the Client and/or Student or allow any form of counselling to the Client and/or Student;
  5. not make any inappropriate suggestions to the Client and/or Student;
  6. not send any unsolicited communications to the Client and/or Student;
  7. report any dispute or issue, including any inappropriate behaviour or illegal activity, with a Client and/or Student to a Parent and/or Teach Me 2;
  8. where the Student is a minor, ensure that a Parent is present during the Lesson or that the Student is comfortable to continue the Lesson without a Parent being present.
TERMINATION
1. At any time, either Teach Me 2 or the Tutor may terminate the Agreement for any reason or no reason by giving 30 (thirty) calendar days' advance written notice to the other party. In addition to the required notice, the Tutor may be required to complete all outstanding Lessons in any booked Lesson Packages if required by Teach Me 2 and this Agreement shall continue to apply until such Lessons have been completed and the Tutor has complied with all obligations in respect of such Lessons.
2. Apart from any other provision of this Agreement, Teach Me 2 shall have the right to terminate the Agreement immediately without notice or liability for further compensation or any damages if the Tutor is guilty of, or there are reasonable grounds for suspecting that the Tutor is guilty of, any gross negligence, breach of any law or regulations applicable to the Lessons, incompetence in the performance of the Lessons, breach of any provision of this Agreement, including providing inadequate notice to reschedule Lessons or withdraw from a Lesson Package, defrauding or attempting to defraud Teach Me 2, its agents or customers or misconduct prejudicial to the interests of Teach Me 2 or any of its subsidiary or associated companies.