24/7 Teach - Independent Contractor Tutor Agreement
The Company's policies, procedures and guidelines for tutoring with 24/7 Teach’s online and onsite services are contained in the Tutor Resource Manual and its subsequent updates (“the Tutor Manual”).
I have received and read the Tutor Manual, and agree to abide by the policies, procedures, and guidelines contained in the Tutor Manual, including all updates and notifications that are and will be sent by email, included in the Company’s tutor newsletters and/or posted at the Company’s websites during the duration of my affiliation with 24/7 Teach.
I understand that I am an independent contractor to 24/7 Teach, Inc. (“the Company”), and am not an employee of the Company.
I agree that I have entered into this independent contractor relationship with the Company voluntarily and that neither I nor the Company has agreed to maintain this relationship for any specified period of time. Accordingly, either the Company, or I can terminate the relationship at will, with or without cause, for any reason, at any time, so long as there is no violation of applicable federal or state law.
Background Checks, Background Check Renewals and Disclosure of Criminal Activity:
As an applicant pursuing a contract to become an Independent Contractor with 24/7 Teach, I understand that an initial investigative report will be generated on me that may include but is not limited to information concerning my SSN verification, education verification, and/or criminal/civil/driving record history. I understand that General Information Services, Inc. (“GIS”) and/or other vendors on behalf of 24/7 Teach may be requesting background information about me from public and private sources both during 24/7 Teach’s initial consideration of my application, and throughout the time I am associated with 24/7 Teach. I understand and agree that 24/7 Teach reserves the right to update and run repeat background checks at any time during my tenure with 24/7 Teach for any reason or no reason. I understand and agree that this may include searching a National database that tracks criminal activity.
I understand that I am responsible for the cost of my initial background check at the time I apply to be a tutor and that it is my responsibility to notify 24/7 Teach immediately if I am arrested for any criminal charge from this day forward. Such notification must include a full and complete disclosure including any official supporting documentation.
I understand that 24/7 Teach will also cover the cost of any future background checks that it chooses to perform, subject to the following important exception: If 24/7 Teach learns about any criminal activity before I disclose it to 24/7 Teach, then I understand and agree that I will be responsible for reimbursing 24/7 Teach for any and all fees incurred for that background check.
I also understand that at that time, my contract with 24/7 Teach will likely be terminated. (Important note: arrest or conviction for many minor offenses will not cause 24/7 Teach to cancel your contract. Failing to immediately and fully report any such arrest or conviction, however, is nearly certain to lead to termination.)
If 24/7 Teach learns about any criminal activity before I disclose it to 24/7 Teach, and incurs fees related to investigating this activity, I hereby give my consent to have 24/7 Teach deduct these fees from any tutor payments I may be owed at the time. In the event that I have no earnings for the month in which 24/7 Teach has received the results of the background check, I understand that I may be invoiced for the cost of the background check and agree to promptly pay such an invoice.
I understand that if I choose to terminate my contract or voluntarily cease tutoring that it is my responsibility to notify 24/7 Teach of my decision because, otherwise, 24/7 Teach may continue to run occasional background checks on me, and if such a background check shows criminal activity that I have not disclosed to 24/7 Teach, I will be responsible for reimbursing 24/7 Teach for those costs.
I understand that when I formally terminate my contract with 24/7 Teach, I will be removed from the ongoing criminal searches and will not be responsible for any new fees 24/7 Teach may incur after my contract’s official termination has been confirmed by 24/7 Teach.
Compensation:
I understand that the Company compensates its independent contractors (“Tutors”) as set forth in the informational email received at the time of assignment, that the Company reserves the right to modify its compensation package at any time, in the Company’s sole discretion, and that 24/7 Teach Tutors are:
Considered independent contractors to the Company.
Providing a service to third parties such as libraries, schools, government agencies, corporations, and individual subscribers, through the Company.
Compensated only for the time a Tutor is in the Online Classroom or Onsite teaching a session. plus time spent waiting for students during scheduled hours. (Time spent conducting demos by appointment or on other special projects as requested by the Company may also be compensated, in the Company’s sole discretion, by prior arrangement.)
Not compensated for waiting time during hours which are not scheduled.
I understand that in order to receive payment, I must:
Complete a W-9 (US) or W-8BEN (Canadian) tax form and return it to the Company.
Sign this Agreement and return the signature page to the Company.
Other:
The Company reserves the right, at its sole discretion, to change or modify any of the terms and conditions applicable to my affiliation with the 24/7 Teach online services. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, electronic or conventional mail, or posting on a Company website. I understand that these changes will be binding on me unless I promptly notify 24/7 Teach that I do not agree to the changes and am therefore terminating this Agreement.
Specific Restrictions. I agree (a) to abide by all applicable local, state, national, and international laws and regulations in my use of the Company’s websites and participation in the 24/7 Teach online services; (b) to not interfere with any other tutor or student’s use and enjoyment of the Company’s websites or programs; (c) to be solely responsible for the contents of my transmissions through the 24/7 Teach online services; (d) to not interfere with or disrupt the Company’s websites or servers or networks connected to the Company’s websites; (e) to comply with all requirements, procedures, policies and regulations posted on the Company’s websites by the Company from time to time and or any networks connected to the Company’s websites; (f) that my entering into this Agreement and delivering services to the Company’s customers and end users does not and shall not breach any agreement with any third party; (g) to not transmit through 24/7 Teach online services any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, or otherwise objectionable material of any kind; (h) to not transmit any material that violates the rights (including intellectual property rights) of another; (i) to not transmit any material that violates any applicable local, state, national, or international law or regulation including, without limitation, any U.S. export law or regulation; (j) to not attempt to gain unauthorized access to other computer systems or networks; (k) to not transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email or bulletin board postings; (l) to not advertise other programs or services on the Company site; (m) to not promote any other products or services to students or learners without specific authorization provided in advance by an authorized member of Company management; (n) to not schedule or conduct other tutoring sessions during any hours I am scheduled for 24/7 Teach online services; and (o) to keep my username and password confidential at all times and ensure that no other person ever provides or attempts to provide tutoring using my login credentials.
Confidential Information. I agree to hold in confidence and keep confidential any and all confidential information that I receive from the Company, company’s customers, and prospective customers (including students, learners, institutions, companies, and other entities). I agree to not disclose any such information to any third party (including other independent contractors) and agree to not use such information for any purpose except to assist the tutoring session. I agree to compensate the Company for losses it incurs as a result of my negligent, reckless, or intentional disclosure of Confidential Information. Confidential information in this context includes, but is not limited to, any information, idea or concept, in any form (tangible or intangible), whether disclosed to me or learned by me. For the purpose of this Agreement, confidential information specifically includes:
all information concerning students, patrons, learners, employees, and other independent contractors, including but not limited to information concerning their age, sex, sexual orientation, religious affiliation, ethnicity, national origin, ancestry, disability, or other personally identifiable information;
all information of a competitively sensitive nature, including trade secrets or confidential or proprietary information of any sort, including, without limitation, information relating to products, processes, know-how, designs, formulas, developmental or experimental work, computer programs, databases, or other original works of authorship, customer lists, business plans, financial information or other subject matter pertaining to any business of the Company or any persons or entities with which it does business; and all information concerning Company policies, strategies, finances, pricing, pay rates, use of independent contractors, and the nature of relationships between corporate management and its service providers, customers, and end users - including the specific questions such users ask while using the Company’s services.
I affirm that I have provided true, accurate, current, and complete information on my application form, along with an accurate representation of my skills, degrees, background and other information, and I agree to maintain and update such information to keep it true, accurate, current, and complete for as long as I continue to be affiliated with the Company.
This Agreement will become effective as of the date of the Company’s acceptance of Tutor’s application. Terms of payment are addressed in a separate document. The Company has the right to suspend service to any Tutor for any reason without warning. Furthermore, The Company may terminate this Agreement immediately (with or without warning) for any breach by Tutor of this Agreement or any applicable policy of The Company posted on the Site, or for no reason at all.
I agree to be bound by the terms of this Agreement effective immediately, regardless of whether the Company accepts my application, completes my background check, or offers me tutoring opportunities, and agree that in the event that either I or the Company terminate this independent contractor relationship, the following provisions will survive indefinitely. By signing below, I affirm that I have read and understand this entire Agreement and agree to be subject to all of its terms and conditions, as well as the entirety of the Tutor Manual.