TUTOR AGREEMENT
This contract is entered into between: MiTUTOR (Pty) Limited (hereinafter known as “MiTUTOR” or the “Company”)
and
Full Name: ___________________________________________ ID No. ____________________________ (hereinafter known as the “Tutor”)
Glossary of Terms:
The “Learner”: The person receiving tutoring from the Tutor.
The “Client”: The parent or guardian responsible for the Learner, and for payment of fees, or the Learner themselves.
The “Tutor”: The contractor rendering tutoring or other agreed-upon academic services to the Client and Learner.
1. Contract Type
1.1. The Tutor is contracted independently to provide his/her services to the Company. This agreement shall not be construed as a contract of employment, and the Tutor shall not be an employee of the Company.
1.2. The Tutor will be free to do any other work of his/her choice, including private tutoring, provided there is no conflict of interest. However, the Tutor commits to being professional and honouring his/her contracted hours for MiTUTOR learners and to never prioritise any other engagement over his/her commitments to MiTUTOR.
1.3. The Tutor confirms that she/he is capable and competent to perform the services for which she/he has been contracted. Thus, the Tutor confirms that he/she is medically fit to travel to carry out the lessons, whether online or in-person as per their profile, for the agreed period, and he/she has the necessary knowledge, skills, and will to perform the duties required as a tutor. The Tutor further confirms that all information provided with regards to his/her academic qualifications and experience is accurate and binding.
2. Details of Service to be Provided
2.1. The Tutor shall provide academic tutoring to the Learner at regular time intervals specified by the Client, and complete associated administrative responsibilities according to specifications set down by the Company, including post session reviews.
2.2. The Tutor shall read and adhere to the rules and regulations of the Company as laid out in the Important Policies for Tutors document.
2.3. The Tutor shall provide tutoring online or at the Learner’s place of residence, depending on what the Client has requested, or at the Company’s tutoring centre where applicable.
2.4. The Tutor shall adhere to deadlines required by the Company, the most important being the daily post session review and weekly Learner progress update, logging of lessons and the timeous submission of lessons monthly via the Tutor Portal if required.
3. Terms of the Agreement
3.1. The terms of this agreement will apply for an indefinite period from the date that lessons commence, and will apply to each Learner that the Tutor services, regardless of the number of lessons provided.
3.2. The number of lessons assigned is determined by demand and supply factors in the market and the Company cannot, as a result, guarantee a minimum income or the availability of ongoing assignments.
4. Termination of Agreement with the Company or with Individual Clients
4.1. The Tutor is required to provide a minimum of 4 weeks’ written notice via email should he/she wish to terminate the agreement with the Company, in the form of a resignation, or with an individual client, and is required to continue tutoring until the end of the notice period. This is to ensure that the Company has adequate time to source a suitable replacement tutor for the Client.
4.2. Should the Tutor wish to terminate the agreement with the Company or with an individual client with less than 4 weeks’ written notice, the Company will withhold any payment due.
4.3. After 1 September, the Tutor will not be able to resign or terminate the agreement with an individual client if tutoring a Learner. The Tutor will be required to fulfill their commitment to their Learner/s until year-end examinations are written.
5. Breach of Contract
5.1. The Tutor may at no stage tutor privately for or provide any related services to any client that was originally acquired by the Company (i.e. receive fees directly from the Client), or for any subsequent referrals made by clients originally acquired by the Company. Should the Tutor not adhere to this term, the Company will invoice the Tutor for financial losses suffered and the Tutor will be held liable for such losses. It is agreed that an invoice prepared and submitted by the Company will suffice as sufficient proof of the loss and indebtedness by the Tutor. Should outstanding debt not be settled within a 20-day period, by the Tutor, after being advised by the Company that a loss will occur, the Company will report the Tutor to and list the outstanding debt with the Credit Bureau.
5.2. Should the Tutor cause the Company to suffer financial losses, in the form of a loss of a client, due to the Tutor’s unprofessional behaviour contravening the rules and regulations set out in this contract and the Important Policies for Tutors, the Tutor will forfeit any outstanding payments.
5.3. The Company shall be entitled to terminate the contract immediately at their discretion should the Tutor breach this contract, or in the case of gross misconduct or dishonesty on the part of the Tutor.
5.4. Breaching the confidentiality clause of this contract (8.1) by divulging information about a Client to unauthorized persons, including but not limited to sending unauthorized persons to lessons in lieu of the Tutor, will be seen as a gross breach of contract resulting in immediate dismissal.
6. Payment
6.1. The Tutor will be paid a basic rate as stipulated in the Important Policies for Tutors document, depending on whether the lesson is online or in-person. Any increases to the Tutor’s basic rate will be confirmed in writing.
6.2. The Tutor will be remunerated for the duration of tutoring only, as per the specifications of the Client and the Company.
6.3. Travel costs are included in the basic rate in case of in-person lessons, unless agreed upon by the Company and the Client.
6.4. Should the Tutor provide tuition on a public holiday, the Tutor will be remunerated at the standard hourly rate.
6.5. Such payment will be made by EFT, twice a month, for lessons delivered and for which accurate and timeous documentation has been submitted.
6.6. The Company reserves the right to withhold payment if the Tutor does not comply with the Company’s standards or rules and regulations, as stipulated in both this Agreement and the Important Policies for Tutors.
6.7. The Company is not required to make any deductions from the Tutor’s payment. The Tutor is responsible to register as a taxpayer and declare his/her income and submit their personal income tax with SARS.
6.8. The Company will not provide a monthly payslip to the Tutor, but will provide a payment breakdown on request of the Tutor. The Tutor should maintain his/her own record of payment due and payment received. Once fully automated, the MiTUTOR platform will keep historical records of payments to the Tutor, as well as records of lessons delivered.
7. Liability & Indemnity
7.1. The Company shall not be liable for any claim or action for damages that the Tutor might suffer to his/her person or property while providing services to the Company or the Client. This includes all damages that the Tutor might suffer to his/her person or property.
8. Confidentiality
8.1. The Tutor shall not disclose company information to any unauthorized persons or bodies including Client or Learner information, rates of pay, and any of the operations, processes or methodology utilized by the Company.
9. Rules and Regulations
9.1. The Company reserves the right to change or add to any of its rules at any time at its discretion, subject to reasonable notice to the Tutor.
10. General
10.1. The Tutor may be required to complete certain training activities during his/her tenure as a tutor of MiTUTOR acting on behalf of the Company.
10.2. If the agreement is terminated, the Tutor will be restricted from utilizing any material, systems or documentation designed and utilized by the Company, as per South African Copyright laws.
10.3. The Tutor will be restricted from establishing a similar organization for 3 years from the date of termination of the Agreement.
10.4. The Tutor declares that he/she has never been convicted of a schedule one criminal offence as contained in the Criminal Procedure Act No. 51/77, such offences being theft, fraud, assault, rape, arson, etc.
10.5. The Tutor declares that he/she has never been convicted of a sexual offence against a child or a mentally disabled person, as contained in Section 46(1), (2) and (3) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 32 of 2007.
10.6. The Tutor gives the Company permission to utilize the image provided, as well as a basic tutor profile, on the MiTUTOR website.
11. TUTOR CODE OF CONDUCT
I agree to adhere to the conditions set out above, the MiTUTOR Code of Conduct supplied to me and updated from time to time, as well as to the following ethical conduct:
1. I will not be dishonest in reporting hours tutored, or distance travelled, and will document all information as accurately as possible.
2. I will ensure I am well-rested and well-fed before lessons.
3. I will put in the additional time necessary to read up on work that is not familiar before the start of my lessons, and will commit to improving my knowledge of the current curriculum and content covered at school level.
4. I will not behave in an ethically or morally inappropriate way towards my Learner and his/her parents.
5. I will do my best to continuously improve my tutoring abilities, attitude and knowledge in order to provide the best standard of tuition to my clients to maintain MiTUTOR’s reputation.
6. I will not distribute resources and documents acquired by MiTUTOR to other people not affiliated with MiTUTOR, and I will not disclose information regarding my payment rates to Clients or other tutoring companies.
7. I will communicate effectively and professionally with MiTUTOR management, and will adhere to all procedures as prescribed.
The contractor confirms that she/he has entered into this Agreement voluntarily, understands the contents thereof, and has read the Important Policies for Tutors document.
Signed at ____________________(place) on this _____ day of __________________20______________
_______________________________
(Signature of the Tutor)