Contract for Services
We ask all tutors to please read UltiTutor’s Contract for Services carefully before accepting at the end of the this page
“Reschedule Notice” shall mean a notice to cancel a lesson made by tutor to the parent/student.
“Company” shall mean UltiTutor Limited.
“Fee” shall mean the amount payable by the Company to the Tutor for the Services which is calculated by reference to the Hourly Rate.
“Hourly Rate” shall mean the amount due to the Tutor for each hour of Services provided, as confirmed by the Company by email in the offer letter.
“Services” shall mean tuition services to be provided to the Student(s) by the Tutor, as more closely set out in clause 2 below.
“Student” shall mean the person who shall receive the tuition. In some cases, the Client and the Student will be same person.
“Timesheet” shall mean the timesheet to be provided by the Tutor to the Company which shall always be in the specific form provided to the Tutor by the Company.
In this Agreement words denoting the singular include the plural meaning, and vice versa, and words denoting the masculine include the feminine.
2. Provision of Services
2.1 This is a Contract for Services. It is not a contract of employment
2.2 The Tutor will not become an employee of UltiTutor Ltd and, save for those expressly provided for in this agreement, will not be eligible for any benefit.
2.3 The Tutor shall be entirely a Contractor and nothing in this Agreement shall constitute an employer/employee relationship.
3. Description of Services
3.1 In exchange for the Fee, the Tutor agrees from the date of acceptance of this Agreement until the termination hereof under clause 7 below to be available to provide the Services, at the request of the Client/Company, at such times as are mutually convenient.
3.2 It is understood that the Tutor shall have no obligation to accept the Services hereunder, nor shall the Client/Company have any obligation to provide work for the Tutor.
3.3 It is agreed that the Tutor shall at all times perform the Services to the highest standard. In particular the Tutor shall make every effort to:
3.3.1 be punctual;
3.3.2 be presentable and dressed in an appropriate and respectable manner at all times;
3.3.3 be caring, polite, diligent, and helpful; and
3.3.4 do all the necessary preparation for each tutoring session, including assigning and marking homework.
3.4 If for any reason the Tutor shall be delayed due to circumstances beyond his/her control, the Tutor agrees to contact the Client well in advance let him/her know (even if the Tutor will be as little as five minutes late). The Tutor agrees to make up this lost time where appropriate by staying longer than the allocated tuition session or by making it up in the following session.
3.5 The Tutor must keep the Client informed of any issues or problems with each Student taught, as and when they develop.
3.6 The Tutor agrees not to smoke within the vicinity of the tutoring placement. The Tutor also agrees to make sure s/he does not smell of smoke.
3.7 The Tutor agrees, so far as is reasonable, to be in ready contact by email and telephone with the Client/Company to enable the Client/Company to inform him/her of possible hours of Tuition and of any cancellations.
3.8 The Tutor agrees that once he/she has accepted an tutoring assignment then the Tutor is committed to the specified times and dates without change thereafter.
3.9 The Tutor shall, at the request of the Client, provide any reports and/or information as to the Student’s performance and his own.
3.10 The Tutor shall keep an up-to-date record and schedule of all hours worked.
3.11 The Tutor shall assist the Company to whatever extent reasonable and necessary in all administrative process, including but not limited to clearance with the Criminal Records Bureau and other necessary checks prescribed by law and/or governmental regulation and the Tutor accepts that this administrative process will be taken care of by the Company.
3.12 The Tutor shall reconcile and write progress report notes after each and every session no later than 12hrs after a session. Any sessions that are not reconciled within 12 hours of the tutoring session will not be counted for payment.
3.13 The Tutor is required to complete/attend all in-service tutor training requirements and meetings requested by UltiTutor and the Academic Director.
3.14 If, after accepting this position, the Tutor elect not to assume duties or find that he/she cannot, it is the Tutor's responsibility to immediately notify the Director of the Learning Center that he/she is resigning from the Tutor position.
3.15 The Client agrees that the Tutor shall not be held responsible for chaperoning or caring for minors or guarding a property and household effects whilst providing Services.
3.16 The Client agrees to treat the Tutor in a fair and respectable manner at all times
3.17 The Client acknowledges that the Tutor does not make any guarantees regarding the Student’s future academic performance or exam success.
4. The Company
4.1 The Tutor accepts that the Company is providing an administrative role for the Client in which the Company:
4.1.1 negotiates with the Tutor on the Client’s behalf to agree the terms on which the Tutor will provide Services;
4.1.2 requests monthly or, when appropriate more regular feedback, from the Tutor to ensure the best Tuition;
4.1.3 deals with the administration of the Client’s payment of the Fee to the Tutor; and
4.1.4 provides general liaison services on behalf of the Client as between the Client and the Tutor.
4.2 The Tutor accepts that in providing the services described at Clause 4.1 above the Company is acting as the agent of the Client and therefore the Tutor will accept all requests, instructions and communications from the Company that are made on behalf of the Client as if they came from the Client directly.
4.3 The Tutor also accepts that the Tutor has no direct employment relationship with the Company and therefore:
4.3.1 the Company has no employment obligations or liability to the Tutor; and
4.3.2 the Company is not acting as an agent for the Tutor.
5. Payment of Fees and Cancellation Policy
5.1 For Tutoring Assignments it is agreed that the Tutor shall be paid the Hourly Rate for each hour of Services provided. For the avoidance of doubt, the Hourly Rate and other salary compensations shall be agreed between the Tutor and the Company in advance.
5.2 For Hourly Placements, it is agreed that the Client may elect to change tutors after the first lesson if in the reasonable opinion of the Client or Student the Tutor is unsuitable. In such a case, the Client will not be charged for this session and the Tutor will receive no payment.
5.3 At the end of every 12/24 tutoring hours, depending on the number of students, in which the Tutor has provided Services, the Tutor shall, where applicable, submit an online Timesheet to the Company for all Services rendered in that period for the Client(s). Each Timesheet shall detail the number of hours worked, and the name of the Client and Student to whom the hours relate. The Company will pay the tutor’s timesheet by electronic bank transfer on the 15th of the following month. Tutor evaluations form of each tutor must be completed by the conclusion of every 24hrs in order for the tutor to be eligible for any payment and bonuses.
5.4 It is agreed that subject to Clause 5.7 below all payment arrangements between the Client and the Tutor shall be handled by the Company
5.5 The Tutor shall not approach the Client directly in relation to payment matters.
5.6 The Tutor agrees that if payment is made directly between themselves and any Client(s), whether they be current or former Client(s), then any outstanding payments will be withheld from the Tutor by the Company and full monies owing to the Company will be pursued in full from the Tutor. The Tutor shall be severally liable for any costs incurred by the Company in this regard.
5.7 The Tutor shall be responsible for all travel expenses within Shanghai incurred in connection with the Services. If the Client requires the Tutor to travel to a location outside of these zones, the Client agrees to pay all travel expenses directly on presentation of appropriate official receipts from the Tutor.
5.8 The Tutor acknowledges that he/she is responsible for payment of all taxes, national insurance and social security contributions due in respect of payments to be made under this Agreement and that he/she shall fully indemnify and hold the Client and the Company harmless in this regard.
5.9 The Tutor acknowledges that he/she is in no way covered by the Client or the Company in any matter(s) of insurance and will take out, should he/she deem appropriate, his/her own insurance policy in respect of any personal and/or third party claims.
5.10 If a Client cancels a scheduled lesson with less than 12 hours written or oral notice, then the Tutor is within his/her right to charge the Client in full for the lesson.
5.11 Unless there is an emergency, the Tutor must contact students no less than 24 hours in advance if you are unable to attend a scheduled tutoring session. All efforts should be made to reschedule sessions within 24 hours. Tutors who miss a scheduled session without properly notifying their student or UltiTutor will be marked as a "no show."
1st No Show: Written notification of missed session and reminder of attendance policy
2nd No Show or repeated (2 or more) cancellations: 300RMB “no show” penalty and employment probation
3rd No Show: Termination of tutoring position without pay
6. Tutor Warranties
6.1 The Tutor warrants that all information given to the Client (via the Company or otherwise) whether prior to or during the provision of the Services is true and accurate in all respects. The Tutor has represented that he/she is skilled to teach the subjects as per the Curriculum Vitae/Application Form provided to the Company and the Client. Any breach of this clause shall entitle the Client to terminate the Tutor’s Services immediately without pay.
7.1 Both parties appreciate the importance of a good personal understanding between the Tutor and the Student. Accordingly, if the Client is, in his/her reasonable opinion, not happy with the Tutor the Client must notify the Tutor and the Company of its dissatisfaction in writing. This Agreement shall then terminate with immediate effect and there will be no further charges or payments due to the Tutor.
7.2 The Tutor hereby agrees that the Company may terminate this Agreement with immediate effect:
7.2.1 if the Tutor commits a serious or material breach of any of his or her obligations hereunder;
7.2.2 if the Tutor repeatedly commits minor breaches of obligations under this Agreement;
7.2.3 if the Tutor acts in such a way so as to discredit the Client; or
7.2.4 if the Tutor shall have been found guilty of any criminal offence.
7.3 In the event of termination of this Agreement further to any of clauses 7.3 above, the Tutor acknowledges that s/he will be liable for any costs or expenses directly or indirectly incurred, any liability or damages faced by the Client, and any action taken by the Client in this regard.
8. Confidential Information
8.1 The Tutor covenants and agrees at all times during and after his/her provision of the Services to keep secret and not disclose to others or appropriate to his/her own use or the use of others secret or confidential information or knowledge pertaining to the business affairs and operations of the Client (“Confidential Information”), including but not limited to trade know-how, trade secrets, client lists, information about other tutor(s) engaged by the Client, information about any Client(s) and their family/ies, pricing policies, operational methods, marketing plans or strategies, future plans, and business acquisition and/or expansion plans. This clause is subject to the proviso, however, that any disclosure compelled by law or legal process does not constitute a breach or violation of this clause, and neither shall any information be deemed confidential or secret for purposes of this Agreement if it is generally known in the industry.
9. Data Protection
9.1 The Company will use the information provided by the Tutor to deal with the administration of the Services and to assist in placing the Tutor with other suitable Students. The Company may disclose the Tutor’s information for this purpose to other Clients.
10.1 Notwithstanding each party’s general right to damages and that damages may not prove sufficient remedy in the event of breach by Tutor of clause 8 above, the Tutor specifically warrants and undertakes to indemnify the Client for any and all damage, loss, expenses or loss of business suffered by the Client as a direct consequence of breach of any clause hereof, including any legal costs and expenses associated with the recovery of such damages by the Client. These include any direct and indirect losses arising both from breach of contract and from any act committed by the Tutor during the provision of the Services.
11.1 Any notice under this Agreement may be given by email.
12.1 This agreement is personal to the Parties and may not be assigned or sub-contracted to any third party.
13. Entire Agreement
13.1 This Agreement (and any documents referred to herein) contains the entire agreement of the Parties relating to the matters contained herein and supersedes all prior agreements and understandings, oral or written, between the Parties with respect to the subject matter hereof. Subject to the definition of “Hourly Rate” in clause 1 above, this Agreement may be changed only by an agreement in writing.
13.2 If any clause of this Agreement is or shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law such term or provision shall not form part of this Agreement but the validity and enforceability of the remainder of this Agreement shall not be affected.
14. NON-COMPETE AGREEMENT
For good consideration and as an inducement for UltiTutor to conduct business with the Tutors, the Contractor hereby agrees not to directly or indirectly compete with the business of UltiTutor and its successors in the city in which the Tutor tutors for UltiTutor and assigns during the period of Independent Contracting and for a period of 2 (two) years following termination of employment and notwithstanding the cause or reason for termination. The tutor agrees to pay UltiTutor a $10,000 fine and all legal fees incurred in the collection of this fine.
The term "not compete" as used herein shall mean that the Contractor shall not own, manage, operate, or consult in a business substantially similar to, or competitive with, the present business of UltiTutor or such other business activity in which UltiTutor may substantially engaged during the term of Independent Contracting. A tutor may work for competing services during Independent Contracting and for up to 2 years after termination only if given written permission by the UltiTutor Network, on a case by case basis. This permission can be revoked at any time for any reason.
The Contractor may continue to advertise and promote his/her own tutoring, acquire his/her own clients, or if given written permission, may work for another tutoring service, but only as long as trade secrets and company policies are not divulged to their clients or to competitors of the UltiTutor Network.
The Contractor acknowledges that UltiTutor shall or may in reliance of this agreement provide Contractor access to trade secrets, customers and other confidential data and good will. The Contractor agrees to retain said information as confidential and not to use said information on his or her own behalf or disclose same to any third party.
This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.
15. Governing Law and Jurisdiction
15.1 This Agreement shall be governed by the laws of China and the parties hereby submit to the exclusive jurisdiction of the courts thereof.
This agreement is between
(1) UltiTutor Ltd, a private limited company offering tutoring services and is registered at Si Ping Road 386.
(2.) The Tutor. The Tutor wishes to provide tuition services, in consideration for the Fees received. The Company will be acting for the Client and will pay fees to the Tutor on behalf of the Client.