This is a legal agreement (“Agreement”) between you, the Independent Tutor (“Tutor”), and NEOFOUR LLC, Inc. (“NEOFOUR LLC”). The parties expressly agree to transact and enter into this Agreement by electronic means within the meaning of the Uniform Electronic Transactions Act (“UETA”).
- Description of Work. The Tutor will provide tutoring instruction (“Sessions”). The Tutor agrees to use “www.neo4education.com” for all his or her tutoring lessons for which the student is registered through “www.neo4education.com. Tutoring services are not just limited to academics but can be in any field of education, art or culture.
- Non-exclusivity. Tutor and NEOFOUR LLC acknowledge that this Agreement is nonexclusive and Tutor is free to engage in and simultaneously perform or provide any other services during the pendency of this Agreement. Nothing herein precludes Tutor from advertising or providing Tutor’s services to the general public.
- Hours. Tutor shall set Tutor’s own hours and schedule Tutor’s own Sessions. Tutor shall generally render services as needed to perform Tutor’s duties hereunder as set forth in the Description of Work.
- Commission. Tutor determines and adjusts Tutor’s own hourly Session rate. Tutor shall receive that rate less a percentage paid to NEOFOUR LLC for its services. The percentage is based on the total number of Session hours Tutor has tutored to NEOFOUR LLC students as set forth in the Tutor Payment Policies. Tutor shall be paid by a NEOFOUR LLC student who has retained Tutor through the Site through the NEOFOUR LLC payment processing system for any services rendered to NEOFOUR LLC students. Tutor expressly understands and agrees that under no circumstances is Tutor to attempt to seek or receive compensation directly from NEOFOUR LLC students. Prior to commencing Sessions or meeting with NEOFOUR LLC students for any purpose, Tutor must verify with NEOFOUR LLC that the student has submitted appropriate billing information. NEOFOUR LLC is not responsible for payments for Sessions given before a student has appropriate billing information on file. If requested by the student and for their use, the Tutor will keep a log or summary of service performed. Subject to the review by the student of the session times submitted, Tutor shall be paid in accordance with NEOFOUR LLC’s Tutor Payment Policies.
- Payment system. Tutor agrees to abide by NEOFOUR LLC’s Tutor Payment Policies. Tutor also agrees not to subvert the payment system or to divert funds ordinarily payable to Tutor through NEOFOUR LLC.
- 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. Tutor expressly understands and agrees that NEOFOUR LLC will not be liable to Tutor for any expenses incurred in the rendition of services.
- Supplies. Tutor will provide Tutor’s own supplies and equipment required to complete the tasks for which he or she was retained by NEOFOUR Students. Tutor agrees to maintain adequate supplies, if any are needed, for providing services through NEOFOUR LLC, and shall notify NEOFOUR in the event that he/she is unable to do so. Tutor understands that this agreement may be terminated by NEOFOUR LLC in the event that Tutor becomes unable to provide services under the terms of this agreement.
- Taxes. Tutor is responsible for all federal, state, and/or local tax purposes. Neither federal, nor state, nor local income tax, nor payroll tax of any kind shall be withheld by NEOFOUR LLC on behalf of Tutor. Tutor understands that it is Tutor’s responsibility to pay any applicable taxes. NEOFOUR shall not issue a Form 1099 to Tutor because Tutor is not considered an Independent Contractor.
- Benefits. Tutor acknowledges that Tutor is engaged in an independent business and is not eligible to participate in any pension, health, or other fringe benefits plan of NEOFOUR LLC because Tutor is not an employee of NEOFOUR LLC.
- Insurance. No Workers’ Compensation Insurance shall be obtained by NEOFOUR LLC for Tutor because Tutor is not an employee of NEOFOUR LLC. Tutor understands that it is Tutor’s responsibility to comply with the Workers’ Compensation Law.
- Confidentiality. Tutor acknowledges that, during the performance of services, Tutor will have access to information relating to student’s identity, address, contact information, and other personal information or requests for services (“Confidential Information”). Tutor agrees that Tutor owes a duty of confidentiality to NEOFOUR LLC and such third parties as NEOFOUR Students, during the term of this Agreement and thereafter, and Tutor therefore expressly agrees that in exchange for receipt of confidential information necessary for Tutor to provide his or her services, Tutor shall hold all such Confidential Information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out the services consistent with this Agreement.
- Tutor documents. Tutor acknowledges that a copy of all documents created or received by Tutor in connection with the administration of services performed hereunder (“Tutor Documents”) may be retained by NEOFOUR LLC and used for its administrative purposes. For purposes of this Agreement, Tutor Documents does not include materials solely associated with the teaching of Sessions including Session plans, notes, outlines, tests and homework, NEOFOUR LLC acknowledges and agrees these materials belong to the Tutor and is Tutor’s work product.
- Indemnity and hold harmless clause. Tutor agrees to indemnify and hold harmless NEOFOUR LLC, its subsidiaries, affiliates, and their directors, officers, employees and agents, from and against any and all losses, expenses, costs, liabilities and damages (including any legal fee and expenses), any and all injuries, whether direct, consequential or incidental in nature, which result from, are connected with or arise out of the performance by Tutor of work performed in relation to this Agreement, including any act by Tutor inconsistent with Tutor’s status as an Independent Tutor. Tutor understands that NEOFOUR LLC offers an Internet-based marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. Accordingly, NEOFOUR LLC makes no representations to Tutor about the suitability, character or background of any NEOFOUR LLC user (including, without limitation, NEOFOUR LLC students or their parents or guardians), nor does NEOFOUR LLC perform any type of background check of users including, without limitation, NEOFOUR LLC students or their parents or guardians). It is Tutor’s sole duty to exercise Tutor’s own judgment, protocols and/or standards when considering whether to engage in tutoring services with each student or client. Tutor understands and agrees that it is Tutor’s responsibility to conduct any and all background and reference checks regarding other NEOFOUR LLC users. Tutor is never obligated by NEOFOUR LLC to pursue any tutoring opportunity presented through NEOFOUR LLC unless Tutor choses to do so.
- Site content. Tutor agrees that any site content submitted by Tutor to NEOFOUR LLC or otherwise uploaded to the site will be licensed for use by NEOFOUR LLC and may be distributed by NEOFOUR LLC at the company’s sole discretion until such time as Tutor removes the site content from NEOFOUR LLC’s site or otherwise instructs NEOFOUR LLC that Tutor is withdrawing the license granted to NEOFOUR LLC for NEOFOUR LLC’s use. Such content includes, but is not limited to, articles, lessons, worksheets, quizzes, tutorials, files, testimonials, reviews, video submissions, and blog entries (“Site Content”).
- Marketing. Tutor agrees and consents to NEOFOUR LLC’s use of Tutor’s offered classes for marketing purposes. NEOFOUR LLC may, in its sole discretion, chose to occasionally use Tutor’s classes, class information, or any related site content as described in paragraph 15 above, as an example of classes available on the site. Tutor grants NEOFOUR LLC the authorization to post descriptions of any classes or related information on advertisements published or posted by NEOFOUR LLC on the site or any other online platform were NEOFOUR LLC may chose, in its sole discretion, to market for the site. Tutor understands and agrees that NEOFOUR LLC’s choice to use or not use Tutor’s class information in marketing for NEOFOUR LLC is made at NEOFOUR LLC’s discretion and is not an endorsement by NEOFOUR LLC of Tutor’s class. In the event that Tutor does not wish for Tutor’s class to be used as an example of offered classes for NEOFOUR LLC’s marketing purposes, Tutor shall notify NEOFOUR LLC in writing that Tutor withdraws the consent granted in this paragraph.
- Term. This Agreement and the respective duties of the parties hereunder shall continue until terminated by either party in accordance with this Agreement.
- Assignment. Tutor may not assign or transfer this Agreement without the prior written consent of NEOFOUR LLC.
- Termination of relationship. Either party may terminate this Agreement for any reason at any time.
- Amendment. This Agreement may only be amended or modified by a writing which makes express reference to this Agreement as the subject of such amendment and which is signed by Tutor and, on behalf of NEOFOUR LLC, by its duly authorized officer. The parties agree that any amendment or modification hereunder may be transacted by electronic means within the meaning of the UETA provided that that any such amendments or modifications otherwise comply with the requirements in this paragraph.
- Severability. If any term, provision, covenant or condition of this Agreement or part thereof, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant, or condition shall remain in full force and effect, and any such invalid, unenforceable or void term, provision, covenant or condition shall be deemed, without further action on the part of the parties hereto, modified, amended and limited to the extent necessary to render the same and the remainder of this Agreement valid, enforceable and lawful.
- Terms of arrangement. NEOFOUR LLC accepts a tutor as user for an indefinite period, subject to the provisions of this Agreement. Tutor understands and agrees that Tutor may be removed from the website for a material breach of this Agreement and for a failure to follow NEOFOUR LLC’s administrative procedures. NEOFOUR LLC may remove Tutor from the website at NEOFOUR LLC’s sole discretion and without notice to Tutor in the event that NEOFOUR LLC determines in good faith that Tutor has breached this agreement.
- Governing law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Texas without regard to conflict of law rules.
- Entire agreement. This Agreement contains the entire agreement and understanding between the parties hereto in respect to the subject matter hereof and supersedes, cancels and annuls any prior or contemporaneous written or oral agreements, understandings, commitments, and practices between them respecting the subject matter hereof, including all prior agreements, if any, between NEOFOUR LLC and Tutor, which agreement(s) hereby are terminated and shall be of no further force or effect.
- CANCELLATION OF LESSONS BY STUDENT: The Student may cancel tuition by giving at least 24 hours prior notice to the Tutor in which case no tuition fees will be incurred. Lessons not attended by the student without giving 24 hours prior notice to the Tutor shall be charged at the full rate.
- CANCELLATION OF LESSONS BY TUTOR: The Tutor may cancel lessons by giving 24 hours prior notice to the Student in which case no fees shall be incurred. Where a lesson was pre-paid, the Tutor shall reschedule the appointment at a time agreeable to both parties. In the event that the Tutor is unable to provide an agreeable time for rescheduling of the appointment, Tutor agrees that the Student shall be refunded with such a missed lesson fee. Tutor agrees to reimburse NEOFOUR LLC of any actual charges to NEOFOUR LLC in the event that Tutor’s cancelation results in charges to NEOFOUR LLC. Said reimbursement shall be made within ten (10) days after NEOFOUR LLC provides notice to Tutor of the same.
- LATE ARRIVAL: Fees are calculated according to the times stipulated in the schedule and no adjustment or credit to Student shall be made for time lost because of late arrival by the Student. Any lost time because of the late arrival of the Tutor shall be compensated for by extending a lesson by mutual agreement and by such amount of time that was lost. In the event that Tutor’s late arrival results in any actual charges to NEOFOUR LLC, Tutor agrees to reimburse NEOFOUR LLC for said charges within ten (10) days after NEOFOUR LLC provides notice to Tutor of the same.
- HOMEWORK: The Tutor shall not assign any of his/her duties or obligations under this tutoring contract to a third party without the written permission of the Student The Tutor shall at no time be required or obliged to execute homework or assignments on behalf of the Student.
- OBLIGATIONS OF THE STUDENT: The Student undertakes to assist the Tutor in identifying problem areas in which the Student needs specific tutoring. The Tutor understands that the Student’s assignments, exercises or homework form an integral part of tutoring and Tutor therefore undertakes to provide tutoring services in a timely manner as agreed to with Student.
- NO WARRANTIES: NEOFOUR LLC agrees and acknowledges that Tutor is unable to make promises or warranties with regards to a Student’s performance as a result of any tutoring provided.
- RELAXATION OF TERMS: No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.
- MINORS: Where the Student is a legal minor, the Tutor understands that a Parent/Guardian shall enter into a tutoring contract on behalf of the Student and shall accept and agree to all the terms and conditions on behalf of the Student. Furthermore, Tutor understands that before entering into a tutoring contract on behalf of minor children, parents may verify references of the tutor and must be allowed to chaperon the child.
- Background Check Policy
Tutor to provide BG check results to NEOFOUR LLC before the start of first class at www.neo4education.com
Signed at ___________ on this ______ day of _______________20____.
Witness: _______________________ Witness: ________________________