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Terms and Conditions
TUTORING CONTRACT
THIS AGREEMENT is made between M/s. Kalvi Fun Learning Pvt Ltd (Unit - SUVY Classes), a Company incorporated under the Companies Act, 2013 and having its registered office at PLOT NO. 42, Govindasamy Nagar, 5th Street, Madipakkam, Chennai, 600091, India hereinafter referred to as “SUVY”;
AND
The person electronically accepting this agreement (hereinafter known as “Tutor");
SUVY and TUTOR may be referred individually as ‘Party’ and collectively as the “Parties";
CLIENTS OF THE SUVY refers to ‘the students ’ (of various categories and classes) to whom the Tutor renders the tutoring services upon receiving tutoring fees.
WHEREAS The SUVY offers a web-based marketplace, connecting individuals seeking tutoring services to those offering tutoring services.
WHEREAS The Tutor represents that he/she has the skills, qualifications, expertise and experience required to provide the Tutoring Services for the students and has offered to provide tutoring services to such of the clients of the SUVY upon his/her own free will.
Now therefore, the Parties, intending to be legally bound, hereby agree as follows:
- Nature of Work: The Tutor agrees to render tutoring services to the clients of the SUVY. The Tutor will retain full discretion as to the means and manner of carrying out their tutoring services.
- Mode of Tutoring: The Tutor will render the Tutoring services to the Clients of the SUVY through
- a) Physical mode either at the client’s location or at the Tutor’s location or at the site mutually agreed. Or/and
- b) Virtual Mode through the Online platform as provided by the SUVY.
- Tutoring Fees: a) The SUVY shall pay Tutor fees required for the tutoring services. The SUVY shall fix the tutoring fee either on hourly basis or on course basis for certain fixed duration after consulting with the tutor and it will be the responsibility of the SUVY to collect the tutoring fees from the clients and to remit the payments to the Tutor as per the terms of payment as may be agreed between them.
- b) The Tutor agrees to receive the mutually agreed fee after deducting the service charges payable to the SUVY.
- c) The SUVY undertakes to pay Tutoring fees due to the Tutor on a monthly basis.
- d) The SUVY undertakes to make the payment to The Tutor through online direct bank transfers or via their UPI ID (GPay, Paytm, Phone Pe etc.,) from the bank account of the SUVY to the bank account disclosed by the Tutor through filling of the official online form provided for the same.
- Service Charges: For the services rendered, the SUVY shall be entitled to a commission from the fee payable by the student to the tutor and SUVY shall be entitled to deduct the commission from out of the fees collected from the student and payable to the tutor concerned. The rate of commission payable to SUVY shall be agreed upon on a case by case basis separately:
- Non-Compete Clause: The Tutor understands not to solicit personal tutoring sessions with clients obtained through the SUVY's tutoring platform and/or request the Client to pay them directly. In other words, The Tutor understands not to ask the Client to pay them in lieu of paying the SUVY. In particular, the SUVY could at all times conduct an investigation on The Tutor and if The Tutor is found to have knowingly tutored and/or serviced the Client without paying the SUVY, The Tutor’s contract will be immediately terminated and The Tutor must pay for any liquidated damages as calculated by the SUVY for the violation of this clause. Failure to pay for these liquidated damages could result in legal actions to be taken against The Tutor.
- Confidentiality. For so long as the Tutor operates on The SUVY's tutoring platform, the Tutor shall not disclose or communicate any "Confidential Information" of The SUVY to any person or entity other than The SUVY nor use said "Confidential Information" for any purpose or reason other than the benefit of The SUVY. For purposes of the preceding sentence, "Confidential Information" means (but is not limited to) any information regarding The SUVY's business methods, business policies, procedures, techniques, client list, client information (including names, address, and any other information pertaining to each client), research or development projects or results, sales information of any kind, financial information of any kind, trade secrets, or other knowledge possessed by The SUVY which is not generally known by individuals outside of The SUVY (including The SUVY's Tutors, consultants, and advisors).
- Relationship of Parties: The parties hereby acknowledge and agree that nothing in this agreement shall be deemed to constitute Partnership, Joint Venture, agency relationship or otherwise. Neither this Contract nor the use of the term SUVY creates any SUVY-agent or employer-employee relationship between the Parties.
- Indemnity: The Tutor agrees to indemnify the SUVY against any claim and/or loss caused by any negligent or unlawful behavior and/or omission knowingly committed. Term "claim" refers to any deed, demand, or legal proceeding seeking loss and/or damage to property.
- Expenses: 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, educational materials, and transportation. The SUVY will not be liable to Tutor for any expenses incurred in the rendition of services.
- Obligations:
- a) The Tutor agrees to punctually start classes and be available for the agreed number of hours/months once committed/signed up for a class.
- b) During the class hours, the Tutor undertakes to stay on topic and focus on teaching the relevant material without diverting into students' personal space or discussing topics that make the student uncomfortable.
- c) The Tutor guarantees the safety and security of students who come to study in the Tutor’s premises or home or tuition center and undertakes to abide by all COVID guidelines issued by the Government of India.
- d) The Tutor shall notify the SUVY immediately if he/she becomes ill or otherwise incapable and unable to provide the Tutoring Services and depending on the circumstances, mutually discuss and agree upon the alternate course to be adopted in the best interests of the student(s).
- Terms and Conditions:
- a) In the event of any inappropriate behavior of the student, the Tutor undertakes to report to the SUVY and not to act on their own.
- b) The SUVY does not take responsibility for students' behavior inside and outside classes.
- c) If the tutor carry out tutoring activity to the SUVY’s clients in his/her home/Center or at client’s location, the Tutor extends necessary consent for the SUVY or its representative to make surprise visits/inspections during the tuition class hours for verification of safety and tutoring activity in the premises.
- d) In the event of canceling or postponing or rescheduling a planned class, the Tutor undertakes to notify the SUVY and the students at least 24 hours before commencement time of the scheduled class. In case the tutor absent himself/herself for the session without any prior intimation either to students or to the SUVY, then the Tutor shall agree to take the next session gratuitously for that student(s).
- e) The SUVY shall reserve its right to retrospectively or prospectively add/amend/remove its terms and conditions as the situation demands in the best interest of its stakeholders and in such cases, the Tutor will be intimated of the change or update through some form of communication.
- f) The Tutor understands that all the content/material posted by him/her and their behavior towards students, parents, professionals/staff of the SUVY will be appropriate and respectful.
- g) The Tutor shall not, without the prior written consent of the SUVY, assign, transfer, charge, sub-contract or deal in any other manner with all or any of the rights or obligations under these presents.
- h) The Tutor hereby warrants, represents and undertakes to the SUVY that he/she is personally responsible for the information or messages posted by them on the SUVY’s website and representations and gestures made to the clients of the plaintiff.
- Termination: The parties shall continue to have this contract indefinitely until either Party gives proper notice to the other as stated below. The Tutor agrees that The SUVY may terminate this Agreement at any time without notice or any further payment if The Tutor is in breach of any of the terms of this Agreement. The SUVY may terminate this Agreement at any time at its sole discretion. The Tutor may terminate this Agreement at any time at its sole discretion upon providing to the SUVY 14 days’ notice of Tutor's intention to do so. Upon receipt of such notice, The SUVY may waive notice in which event this Agreement shall terminate immediately.
- Termination for cause: The SUVY may terminate this Tutor Contract Agreement at any time "for cause", the grounds for which are defined below. In the case of termination for cause, The SUVY shall deduct any and all losses caused by the Tutor from the sums payable by the SUVY to the Tutor.
- The Tutor commits a crime of moral turpitude such as an act of fraud or other crime involving dishonesty;
- The Tutor uses illegal drugs;
- The Tutor violates his or her duties of confidentiality and/or non-solicitation under this agreement;
- The Tutor commits any act or acts that harms the SUVY’s reputation, standing, or credibility within the community (i.e.) it operates or with its clients;
- The Tutor fails to perform the duties assigned to him or her for any reason;
- Arbitration Clause: Any claim, dispute or difference relating to or arising out of this Agreement shall be referred to the arbitration of a sole arbitrator to be appointed by the SUVY. The arbitration shall be subject to the Arbitration and Conciliation Act, 1996 as may be amended from time to time. The seat and venue of arbitration shall be at Chennai. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.
- Child Protection Policy:
- General Provisions:
- This agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous understandings, whether written or oral.
- Headings to this agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this agreement.
- This agreement may be executed in counterparts, all of which shall constitute a single agreement.
- Any notice to have been given under this agreement shall be given in writing and shall be sent by Registered Post or E-mail to the address of the relevant party set out at the head of this agreement.