SUVY Tutor terms & conditions agreement

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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.

The Tutor understands that the SUVY makes no representations to Tutor about the suitability, character or background of any of The SUVY's clients i.e Students or family members of the Students, nor does The SUVY perform any type of background check of the users. It is the Tutor's sole duty to exercise judgment, protocols and/or standards when considering whether to engage in tutoring services with each client. Tutor understands and agrees that it is the tutor's responsibility to conduct any and all background and reference checks regarding the Clients. Tutor is never obligated by The SUVY to pursue any tutoring opportunity.

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.

Grounds For "Cause" Termination: Commissions of any of the following acts by The Tutor constitute grounds for The SUVY to terminate Tutor "for cause" under this paragraph:

The Tutor commits a crime of moral turpitude such as an act of fraud or other crime involving dishonesty;
The Tutor uses illegal drugs;

iii. The Tutor fails to perform his or her duties in a competent manner;

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:

The Tutors are expected to treat the students with dignity and respect and shall not indulge in any activity capable of being termed to be in child abuse and it is presumed that the Tutor is aware of the following aspects with respect to Child abuse. Child abuse or maltreatment constitutes all forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power (Source: A report of the consultation on child abuse prevention, WHO, Geneva, 29-31 March 1999, defines child abuse as). Tutors must be aware of the following types of abuse and understand that they are prohibited as per this policy. 1.1. Physical abuse: The intentional use of physical force against a child that results in or has a high likelihood of resulting in harm to the child’s health, survival, development or dignity. This includes hitting, beating, kicking, shaking, biting, strangling, scalding, burning, poisoning and suffocating. 1.2. Emotional abuse: Emotional abuse includes the failure to provide a developmentally appropriate, supportive environment, so that the child can develop a stable and full range of emotional and social competencies commensurate with his or her personal potential and in the context of the society in which the child dwells. Acts include restriction of movement, patterns of belittling, denigrating, scapegoating, threatening, scaring, discriminating, ridiculing or other non-physical forms of hostile or rejecting treatment. 1.4. Exploitation: Commercial or other exploitation of a child refers to use of the child in work or other activities for the benefit of others. This includes, but is not limited to, child labour and child prostitution. These activities are to the detriment of the child’s physical or mental health, education, or spiritual, moral or social-emotional development. 1.5. Sexual abuse: 1.5.1. Sexual abuse is an act or behavior which constitutes a sexual offence under the Protection of Children from Sexual Offences Act, 2012, as amended from time to time. Such sexual offences include penetrative sexual assault (including rape), non-penetrative sexual assault (including touching the private parts of a Child), sexual harassment (including stalking a Child, showing a Child pornography and making a Child exhibit his/her body) and using a Child for pornographic purposes (including storing of pornographic material involving a Child for commercial purposes). 1.5.2. An abetment of and an attempt to commit a sexual offence under the Protection of Children from Sexual Offences Act, 2012 are also considered to be offences. Certain offences under the Protection of Children from Sexual Offences Act, 2012 are considered to be aggravated offences and are subject to stringent punishments. For instance, sexual assault committed by persons in a position of trust or authority in relation to the Child (including relatives of the Child, persons managing or working in an educational institution, police officers or public servants) are considered to be aggravated offences.

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.

It is agreed that on the Tutor consent for the terms of the above agreement by clicking the I agree button on the web platform that it will be deemed that the above agreement is digitally signed by both the parties and shall come into force immediately.

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TERMS AND CONDITIONS FOR PARENTS AND STUDENTS ENROLLING WITH SUVY CLASSES

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 and having the e-mail id [email protected] , hereinafter referred to as “SUVY”; AND The person (student or parent or student’s relative) accepting this agreement, hereinafter referred to as CLIENT; SUVY and CLIENT may be referred individually as ‘Party’ and collectively as the “Parties"; WHEREAS SUVY offers a web-based marketplace, connecting individuals seeking tutoring services to those offering tutoring services. WHEREAS the Client wishes to engage a tutor through the SUVY; Now therefore, the Parties, intending to be legally bound, hereby agree as follows:

Agreement: Subject to the terms and conditions of this agreement, the SUVY agrees to provide tutoring services as required by the client through a qualified tutor. Qualification of the tutor for a particular subject/class category is governed by SUVY’s own guidelines, and any interested person who passes it’s rigorous internal review process for a certain educational category is deemed eligible to teach students requesting tutoring services in that category
Mode of Tutoring: The Tutor will render the Tutoring services to the Client(s) in either of the following modes as opted by the Client:
a) Offline mode either at the client’s location or at the Tutor’s location or at the location mutually agreed. Or through
b) Online Mode through an the Online video calling platform such as Zoom, Google Meet or a similar platform as provided by the SUVY.
Tutoring Fees: a) The SUVY, after consulting with the tutor and the Client, shall fix the tutoring fee on hourly, monthly or a 3-month-basis session rate.
b) The Client agrees to pay the agreed tutoring fees well in advance for the sessions to be undergone via an official payment method provided by the SUVY team.
Obligations of Guardian and Student:
a) The SUVY does not offer any promises or guarantees with regard to the tutoring services. The Client hereby acknowledges and agrees that :
Client is solely and exclusively responsible for the choices that client makes with regard to the tutoring Services or any changes to the client’s academic education or career.
SUVY is not liable for any result or non-result or any consequences which may come about due to client’s participation in the tutoring services.
b) The client understands that the final decision to choose a particular tutor is their own choice.
c) The client ensures to join classes for which they have signed up for on time.
d) The client undertakes to behave appropriately and discuss topics that are in sync with the course that he/she has registered for. The client shall not behave inappropriately with any tutors or staff.
e) The Client agrees to undertake the study-related work tutor identifies, as well as to actively participate in each session.
f) The client understands that the SUVY is not involved in any kind of interactions that take place between the tutors and students, and hence are not liable for any dispute or disagreement or misinterpretations or arguments arising between the client and the tutors. The Client and the Tutors are however free to take feedback and suggestions from SUVY to solve the issue amicably.
Obligation of SUVY:
a) As a precautionary safety measure, the SUVY undertakes to engage only female tutors for tutoring the Female Students in the offline classes. In case, if only a male tutor is available then the SUVY

will ensure at least 5 female students are registered for class in the same locality/time of the tuition.

b) In cases, where the student is not satisfied with a particular tutor in the 1st demo class, the SUVY undertakes to provide an alternate tutor for tutoring the client.
Terms and Conditions:
a) In the event of canceling or postponing or rescheduling a planned class, the client undertakes to notify the SUVY and the Tutor at least 2472 hours before commencement time of the scheduled class. In case the Client absents himself/herself for the session without any prior intimation either to SUVY or to the Tutor, then the said session is deemed to have been attended by the student and the client is bound to pay for the said session. Group class sessions cannot be cancelled or rescheduled in any circumstance. For one-on-one, individual sessions, cancelling a class does not reduce fees paid by client, however, with sufficient prior intimation of atleast 24 hours in advance, the client can reschedule upto 2 session to another timing mutually agreed to by the client and the tutor.
b) The client understands that only those sessions which were cancelled /postponed by the tutor without a minimum 24 hour any prior notice, will be compensated by another session.
c) After attending the 1st class, in the event of lack of satisfaction as regards the tutoring service, the client shall terminate the tutoring contract before commencement of the second class and can avail the 100% refund. However, the Client is not entitled for any refund in the event of cancellation any time later during the existence of the contract.
d) The Client understands that the tutors are not employees of the SUVY and as such makes no representations to the client about the suitability, character or background of any of the Tutors, nor does the SUVY perform any type of background check of the Tutors. The SUVY only screens and trains for the quality of their teaching services. It is the Client's sole duty to exercise judgment, protocols and/or standards when considering whether to engage a Tutor. The Client understands and agrees that it is Client’s responsibility to conduct any and all background and reference checks regarding the Tutor. The Client is never obligated by the SUVY to take up any service of a tutor.
e) In the case of Offline classes at Client’s location, the Guardian shall stay with the child during tutoring sessions and will not

leave the child alone at home with the tutor. In case of home tuitions in the SUVY tutor's location, the client shall take full responsibility for the safety of the child in their home. SUVY is not responsible for any tutor's conduct. However, in case of improper behavior a complaint has to be filed immediately and the SUVY will blacklist/remove the tutor from service and take necessary legal action.

f) Client agrees to the occasional presence of SUVY staff during online and offline sessions for quality monitoring, feedback and training purposes.

If the client opts for Offline tutoring services at client’s location, the client 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.SUVY staff will not disrupt learning or class activities when they are present in a class.

g) The client undertakes to treat all tutors of SUVY and staffstaffs of SUVY with respect and dignity.
h) 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 client will be intimated of the change or update through some form of communication and the Client agrees to abide by the same.
i) The Client 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 the present contract.
Indemnity: The Client agrees to indemnify the SUVY against any claim and/or loss caused by any negligent or unlawful behaviour and/or omission knowingly committed. Term "claim" refers to any deed, demand, or legal proceeding seeking loss and/or damage to property.
Termination: The parties shall continue to have this contract indefinitely until either Party gives proper notice to the other as stated below. The Client agrees that the SUVY may terminate this Agreement at any time without notice or any refund of payment if the client is in breach of any of the terms of this Agreement. The SUVY may terminate this Agreement at any time at its sole discretion.
Termination for cause: 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 client is not entitled for any refund and liable to compensate any loss caused by any negligent or unlawful behaviour and/or omission knowingly committed.

Grounds For "Cause" Termination: Committing any of the following acts by The Client constitutes grounds for the SUVY to terminate the contract "for cause" under this paragraph:

Non-payment of the fees within the stipulated time;
The Client 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;

iii. Directly paying tutor for services they provide through SUVY

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 ,India. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.
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 be 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.

It is agreed that on the parent or student consents for the terms of the above agreement by clicking the I agree button on the web platform that it will be deemed that the above agreement is digitally signed by both the parties and shall come into force immediately.

Note

Please use the same email address and contact details you used when registering with us.

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