Online Teaching Service Agreement

Please read the following to make sure that you would be happy to work with us and can accept the terms below. If you have any concerns, contact us.

 

  • The salary shall be 6.45 Pounds Stirling per hour for every hour taught on the platform.
  1. This will be paid by bank transfer.
  2. This will be paid by the 20th of any given month for the previous months work unless the 20th falls on a bank holiday or weekend, in which case it will be paid on the day that work resumes. It may be paid earlier than the 20th.
  3. Two 30-minute lessons shall be equal to 1 Hour.
  4. This shall accrue to you only after you have taught your first 10 hours on the platform. The first 10 hours shall be part of your training period to teach online. If you do not pass the training period, for any reason, you will still receive a TEFL certificate.
  • Any leave should be requested a month in advance, exceptions are made in the case of genuine emergencies.
  1. Emergencies shall be investigated and discussed on a case by case basis to find a resolution.
  • Any schedule changes should be submitted 30 calendar days in advance. Earlier notification of schedule changes can be accepted at the company’s discretion.
  • This agreement and the Online Teaching Services Contract may be ended with one month’s notice by you for any reason.
  • It is our intention to work with you for a minimum of 6 months.
  • This agreement may be ended by the company pursuant to the terms in The Overseas Teacher – Consultancy Service Agreement 

 

 

 

The Overseas Teacher

Consultancy Service Agreement

 

This Consultancy Service Agreement (this “Agreement”) is made between ADM Computing Services Limited (‘The Overseas Teacher’ Or ‘The Company’ ) and Consultant (as defined below, also referred to “You”, collectively with the Company, the “Parties” or individually a “Party”). The Company agrees to engage the Consultant as an independent service provider, and Consultant agrees to provide tutoring services through the Teaching Platform or Platforms (as defined below) used by the Company and its related parties (the “Platform User”).

 

Important to Note: Please read this Agreement carefully before providing your signature at the end. By signing this agreement, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not sign this contract.

 

WHEREAS, the Company is willing to engage the Consultant to provide the curriculum consulting service, and the Consultant agrees to accept the engagement. In consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the Parties hereby agree as follows:

 

 

  • DEFINITIONS

 

In this Agreement the following terms will (except where the context otherwise requires) have the meanings as set in the following form:

Terms – Meanings

 

Consultant – An independent service provider who provides online tutoring services for the Company.

 

Trial Period – A certain period in which the accumulated teaching time is less than ten (10) hours.

 

Teaching Platform – Including without limitation the website, any application, the software, and affiliated online classrooms owned by the Company or its affiliates (Platform Owner), DaDa Abc, Win ABC, Bling ABC and any other online teaching third parties and their associated platforms and products.

 

 

  • SERVICES

 

During the term of this Agreement, Consultant agrees to provide online tutoring services as outlined in Exhibit A hereto (the “Services”) in accordance with the provisions of this Agreement, Exhibits, any and all applicable statute, law, ordinance, regulation, rule, code, order, or requirement or rule of law (the “Applicable Law”) and any terms and policies published or to be published by the Company or the Platform Owner on Any Teaching Platform from time to time. 

 

2.1   Consultant shall provide the Services with all due and professional care, skill and ability. The consultant shall provide the materials as follows:

 

  1. Certificate of Nationality,
  2. Introduction video in your chosen teaching environment.
  3. At least one Teaching Qualification Certificate (including TESOL, TEFL or other teaching certificates recognized by the Company or a TEFL provided by the company),

 

 

 

  • TRIAL PERIOD

 

3.1       This Agreement shall take effect upon providing a signature by the Consultant and shall continue in force unless otherwise terminated early, in accordance with this Agreement. The Consultant shall provide the tutoring services required hereunder according to schedules.

3.2       During the Trial Period, the Company is entitled to terminate this Agreement without prior notice to Consultant, and Consultant is entitled to terminate this Agreement with a three (3) days’ prior written notice to the Company.

3.3       The Company has the right to arrange a curriculum schedule for Consultant without further notification to the Consultant. Consultant is required to continually check the schedules and bookings and make himself/herself available for curriculum schedule allocated to him/her.

3.4       During the trial period, you will teach 10 hours of classes unpaid, but you will receive your TEFL certificate free of charge for completing this phase. If you have a TEFL before applying this clause will not apply to you.    

 

 

  1. SERVICE FEE AND PAYMENT TERM

 

4.1       In consideration of Consultant’s provision of the Services in accordance with the provisions of this Agreement, the Company shall pay service fee (the “Service Fee”) to Consultant at Hourly Rate subject to the adjustments as specified in Exhibit D (Service Fee, Payment and Benefit Schemes) on a monthly basis, subject to the deduction as provided for in this Agreement.

4.2       If Consultant is unable to provide services for any reason, he/she shall not be entitled to receive any Service Fee and any other fees in respect of the period of inability or unavailability.

4.3       The Service Fee of the current month shall be paid to the Consultant on the 20th day of the following month by the Mode of Payment designated by the Consultant.  If the 20th day of the following month is not a Working Day, the due date shall be postponed to the next Working Day. “Working Day” means a day (other than a Saturday or Sunday) when commercial banks are generally open for business in The United Kingdom. Notwithstanding the foregoing, in the case of any inaccuracy in or breach or non-performance of any of the representations, warranties, covenants or agreements made by the Consultant hereunder, the Company is entitled to postpone or reject the payment of Service Fee without any compensation or liability to the Consultant until the Consultant rectifies such inaccuracies, breaches and/or non-performances.

4.4       All transaction fees charged by the bank designated by the Consultant arising out of or in connection with the payment of the Service Fee shall be borne by the Consultant, and the Company is entitled to deduct such transaction fees from the Service Fee payable to the Consultant.

4.5       Unless otherwise expressly set forth under this Agreement, the Company shall not reimburse any expenses and costs that Consultant may incur as a result of his/her performance of the Services hereunder. The Company shall be entitled to deduct from the Service Fee any sums that the Consultant owes to the Company at any time.

4.6       The Consultant shall be responsible for any tax, imposts or other levies (the “Taxation”) liabilities arising from this Agreement and /or the service which may be imposed on the Service Fee and other income he/she derived under this Agreement in any jurisdiction, including without limitation the PRC, Hong Kong, the United States of America The United Kingdom and any other countries or areas in the world including without limitation the place of jurisdiction of Consultant’s nationality, habitual residence or provision of any Services hereunder and shall make filings of and settle any such Taxation in accordance with the Applicable Law. If, for any reason, the Company shall become liable to pay any Taxation arising out of or in connection with the Service Fee and/or any other income derived by the Consultant hereunder, the Company shall be entitled to deduct from the Service Fee payable to the Consultant all amounts so paid or required to be paid by the Company, and to the extent that the amounts so paid or required to be paid by the Company exceeds the unpaid Service Fee payable by the Company to the Consultant, the Consultant shall forthwith reimburse the Company such excess.

4.7       The Service Fee and other benefits (if any) afforded to the Consultant under this Agreement are highly confidential and shall be kept by Consultant in strict confidence. Any unauthorized disclosure of the aforesaid information, whether to another consultant or otherwise, shall be deemed to be a material breach by the Consultant of this Agreement entitling the Company to terminate this Agreement without compensation or liable to Consultant.

  1. OTHER BENEFIT SCHEMES

5.1       The Consultant may be eligible to participate in other benefit scheme(s) implemented by the Company from time to time, subject to the Company’s consent. The current schemes you are eligible to take part in are set forth in Exhibit D (Service Fee, Payment, and Benefit Schemes).

5.2       The Consultant shall note that the benefit schemes offered to him/her are highly confidential and shall be kept in strict confidence. Any unauthorized disclosure of the aforesaid information, whether to another consultant or otherwise, shall be deemed to be a material breach of this Agreement entitling the Company to terminate this Agreement without compensation or liable to the Consultant.

 

 

  1. CONFIDENTIAL INFORMATION

 

6.1       “Confidential Information” hereof shall mean this Agreement, the Services, and all the Company and/or the Platform Owner’s proprietary information, technical data, trade secrets and know-how, whether in written form or committed to the Consultant’s memory, including, by way of example and without limitation, product plans, customer lists, customer preferences, consultant lists and information, marketing plans and strategies, software, ideas, technology, designs, drawings, business strategies and financial data and information, whether or not marked as confidential, and any and all information received by the Company and the Platform Owner from its customers, independent contractors or other third parties subject to a duty to be kept confidential.

6.2       The Consultant shall use the Confidential Information solely for the purpose of provision of the Services and for no other purpose whatsoever.

6.3       The Consultant shall not in any manner disclose, reproduce, copy, provide or otherwise make available to third parties, in whole or in part, the Confidential Information or any related materials without written permission from the Company and/or the Platform Owner, except as may be set forth herein or as may be necessary for provision of the Services for and on behalf of the Company and/or the Platform Owner.

6.4       The Consultant shall take appropriate action, whether by instruction, agreement or otherwise, to ensure the protection, confidentiality and security of the Confidential Information or any related materials and to satisfy his/her obligations and liabilities under this Agreement.

 

 

  1. INTELLECTUAL PROPERTY

 

7.1       Any patents, inventions, know‑how, trade secrets and other confidential information, registered designs, copyrights, data, database rights, design rights, rights affording equivalent protection to copyright, database rights and design rights, semiconductor topography rights, trademarks, service marks, logos, domain names, business names, trade names, moral rights, and all registrations or applications to register any of the aforesaid items, rights in the nature of any of the aforesaid items in any country or jurisdiction, rights in the nature of unfair competition rights and rights to sue for passing‑off (collectively the “Intellectual Property”), whether registrable or otherwise in connection with or in any way affecting or relating to the Teaching Platform, the business of the Company and/or the Platform Owner or capable of being used or adapted for use therein or in connection therewith or created, devised, developed or discovered by the Consultant associated with the provision of the Services (together the “Company IPR ”) shall belong to and remain vested in the Company and/or the Platform Owner. Insofar as any Company IPR does not vest in the Company (or its nominee) automatically by operation of law or under this Agreement, the Consultant holds legal titles in such Company IPR on trust for the Company (or its nominee). The Consultant hereby assigns all rights, titles and interests in any existing or future Company IPR (including without limitation the right to apply for the registration thereof) to the Company (or its nominee), to the fullest extent permissible by law, and shall take all further actions including without limitation executing relevant documents, delivering relevant materials to the Company to perfect such assignments if and whenever required so to do by the Company. 

7.2       The Consultant hereby expressively agrees that the Company shall be entitled to use images, videos, teaching notes and any other Intellectual Property arising from or relating to the Consultant’s classes for the purposes of training videos or marketing, and that it shall assign, upon the Company’s demand, all such images, videos, teaching notes and any of such other Intellectual Property to the Company at no cost.

 

 

  1. REPRESENTATIONS, WARRANTIES AND COVENANTS

 

8.1       The Consultant hereby represents, warrants and covenants to the Company as of the date hereof and each day during the Contract Period:

  1. that he/she has no criminal convictions in any jurisdiction, including without limitation the PRC, Hong Kong, the United States of America and any other countries or areas in the world including without limitation the place of jurisdiction of Consultant’s nationality, habitual residence or provision of any Services hereunder;
  2. that he/she has not been investigated by any regulatory or government authority;
  3. that none of the Services nor any part of this Agreement is inconsistent with any obligation the Consultant may have to others;
  4. that he/she is not subject to any restrictions or prohibitions which may conflict with his/her obligations and undertakings under this Agreement;
  5. that he/she has the necessary qualifications to provide quality Services hereunder;

8.2       Consultant hereby undertakes and covenants to the Company:

  1. that he/she will perform the Services in a professional and skillful manner;  
  2. that all work under this Agreement shall be the Consultant’s original work and none of the Services or inventions nor any development, use, production, distribution or exploitation thereof will infringe, misappropriate or violate any intellectual property or other right of any person or entity;
  3. that Consultant has, and will remain in full force and effect, the rights and authorization to provide the Services and perform other obligations under this Agreement;
  4. that the information of his/her education and teaching experience and all other personal information provided by him/her are true and complete, and the resume, teaching qualifications or certificates and certificate of no criminal convictions/ certificate of good conduct uploaded or provided by him/her are true and complete and valid;
  5. that Consultant shall comply with all applicable laws and regulations of PRC, the Consultant shall comply with this Agreement, all rules, policies and guidelines given by the Company in the course of performing the Services hereunder;
  6. that he/she will obtain, and maintain in full force and effect during the validity of this Agreement, any licenses, permits and authorization required for his/her delivery of the Services and performance of other obligations hereunder;
  7. that he/she will not set up any discussion group or page or otherwise relating to the Company, the Platform Owner, the business of the Company and/or the Platform Owner through any social media or platform; and
  8. that he/she will not take any action or make any statement or comment that would damage the interest of the Company and the Platform Owner or adversely affect the Company, the Platform Owner, the business of the Company and/or the Platform Owner.

 

 

  1. INDEMNIFICATION

 

9.1       Consultant shall indemnify and hold harmless the Company, the Platform Owner, their respective affiliates and their respective directors, officers, agents and employees (the “Indemnified Parties”) from and against all claims, demands, losses, damages and judgments, including court costs and attorney fees, resulting from his/her being determined not to be an independent service provider, or arising out of or based upon any breach or alleged breach by the Consultant of any representation, warranty, covenant, obligation or other agreement set forth in this Agreement.

9.2       Consultant agrees that any breach by the Consultant of Clause 6 (Confidential Information) Clause 7 (Intellectual Property) and Clause 8 (Representations, Warranties and Covenants) would cause irreparable damage to the Company that may not be adequately compensable with monetary damages alone.  Accordingly, in addition to any rights otherwise available at law, in equity or by statute, the Company shall be entitled to injunctive and other equitable relief.

 

 

  1. CONFLICT OF INTEREST

 

10.1    Consultant agrees that any logos, brands, trademarks, slogans and images of competitors of the Company and the Platform shall not be shown during the class.

10.2    The time when Consultant attend the class shall not be same as other online educational institutions which compete with the Company and the Platform.

10.3    Consultant shall not mention in any manner of any information and name of the institutions which compete with the Company and the Platform.

 

 

  1. NON-SOLICITATION

 

Consultant is prohibited from soliciting or accepting any benefit, bribe or advantage, money or otherwise, from customers or any person having business dealings or seeking to do business with the Company and/or the Platform Owner. Any breach of this Clause 11 shall be deemed as a material breach of this Agreement entitling the Company to terminate this Agreement without compensation. The Company reserves the right to require the Consultant to reimburse the Company for any loss or damages.

 

 

  1. INDEPENDENT SERVICE PROVIDER STATUS

 

12.1    The relationship of Consultant to the Company will be in all respects as an independent service provider, and nothing contained herein shall be construed as creating any relationship of employer and employee, partnership, joint venture, agency or any other relationship whatsoever, except that of independent service provider.  The Consultant shall not have any right or power whatsoever to contract on behalf of the Company or act in the name of, or to incur any obligation binding on in any way on the Company or the Platform Owner in relation to third parties and shall not hold themselves out as having any such authority.

12.2    This Agreement constitutes a contract for the provision of services and not a contract of employment. As an independent service provider, Consultant shall not be eligible to participate in any Company employee benefit plans, including without limitation paid holidays, vacations, social insurances, compensations, pensions, allowances and any options or other incentives, and shall not be eligible to receive other benefits otherwise provided to the Company’s employees.

 

 

  1. NOTICE

 

13.1    Any notice or other communications under or in connection with this Agreement shall be given in writing by email. Any such notice or communication will be deemed to have been given when the email is delivered.

13.2    The Contact Details of the Parties such as mailing address, email address, etc. are set forth in the form at the beginning hereof or such other as a Party may notify to the other by no less than five (5) Working Days’ notice.

 

  1. TERMINATION

14.1    After the Trial Period, Consultant may terminate this Agreement by sending a 15-day prior written notice to the Company stating his/her request to terminate this Agreement, termination shall take effect upon and subject to the approval of the Company. If Consultant fails to notify the Company in writing at least fifteen (15) days in advance or terminates this Agreement unilaterally, USD300 will be deducted from the unpaid Service Fee as a liquidated damage payable to the Company.

14.2    After the Trial Period, the Company may terminate this Agreement with 15-day prior notice to Consultant.

14.3    Notwithstanding any provisions hereof, the Company may terminate this Agreement with immediate effect with no liability to make any further payment to Consultant (other than in respect of amounts accrued prior to the termination of this Agreement) if at any time Consultant:

  1. provides untrue, incomplete or invalid personal information, qualifications or certificates set forth in Article 2.1, or any other serious fraud and dishonesty behaviors;
  2. is guilty of any fraud, dishonesty or acts in any manner which in the opinion of the Company brings or is likely to bring the Consultant or the Company and/or the Platform Owner into disrepute or is materially adverse to the interests of the Company and/or the Platform Owner;
  3. fails to comply with his/her obligations and liabilities set forth in Clause 6 (Confidential Information) and Clause 7 (Intellectual Property) Clause 8 (Representations, Warranties and Covenants) and Clause 10 (Conflict of Interest) determined by the Company;
  4. commits any material breach or non-observance of any of the provisions of this Agreement and its Exhibits or refuses or neglects to comply with any instructions and directions which is set forth in Exhibits of the Agreement determined by the Company;
  5. is negligent or incompetent in the provision of the Services determined by the Company;
  6. is convicted of any criminal offence or investigated by any regulatory or government authority in any jurisdiction, including without limitation the place of jurisdiction of Consultant’s nationality, habitual residence or provision of any Services hereunder based on the Consultant’s confession, or reasonable investigation and/or public search conducted by the Company or its designated third party, or other reasonable evidence obtained by the Company;
  7. is declared bankrupt or makes any arrangement with or for the benefit of his/her creditors or has a county court administration order made against him/her;

14.4    The rights of the Company hereunder are without prejudice to any other rights that it might have to terminate this Agreement under any applicable law. Any delay by the Company in exercising its rights to terminate this Agreement shall not be deemed to be a waiver thereof.

14.5    In the event of any termination pursuant to this Section, the consultant shall not be accessible to teach class any longer. The time slot of the Consultant, regardless of occupied or not, can be cancelled by the Company.

14.6    Immediately on the termination of this Agreement, the Consultant shall:

  1. immediately deliver to the Company all documents, books, materials, records, correspondence, papers and information (on whatever media and wherever located) relating to the business or affairs of the Company or the Platform Owner or the Services, or the Confidential Information, or any part of the Works and the process of their creation, devising, development or discovery, which are in his/her possession or under his/her control;
  2. irretrievably delete any information relating to the business or affairs of the Company or the Platform Owner or the Services, or the Confidential Information, or any part of the Works and the process of their creation, devising, development or discovery, stored on any hard disk or system or cloud or otherwise and all matter derived from such sources which is in his/her possession or under his/her control; and

14.7    Clause 6 (Confidential Information), Clause 7 (Intellectual Property), Clause 9 (Indemnification), Clause 13 (Notice), Clause 15 (Governing Law and Jurisdiction) and this Clause 14 shall survive upon the termination of this Agreement.

 

 

  1. GOVERNING LAW AND JURISDICTION

 

15.1    This Agreement and all actions arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of The United Kingdom of Great Britain and Northern Ireland without regard to any conflict law.

15.2    Any dispute, controversy, difference or claim arising out of or in relation to this Agreement, including the interpretation, validity, invalidity, breach or termination thereof, shall be referred to and finally resolved by arbitration either in the UK or administered by the Hong Kong International Arbitration Centre (the “HKIAC”) for arbitration under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. This shall be chosen at the discretion of The Company. The law of this arbitration clause shall be laws of The United Kingdom of Great Britain and Northern Ireland without regard to any conflict law. The seat of arbitration shall be in Hong Kong. The number of arbitrators shall be one (1). The arbitration proceedings shall be conducted in English.

 

 

  1. MISCELLANEOUS

 

16.1    Data Protection and Use. Consultant authorize the Company to use the pictures, photographs, videos and other audio-visual materials with the Consultant during the class for commercial or non-commercial purposes.

16.2    Headings. Headings are used in this Agreement for reference only and shall not be considered when interpreting this Agreement.

16.3    Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law or public policy or otherwise unenforceable, the remaining provisions shall remain in full force and effect; the invalid provision shall remain in force as reformed by the court.

16.4    Entire Agreement. This Agreement, together with all exhibits attached hereto, constitutes the entire agreement and understanding between the parties with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations between the Parties.

16.5    Modification. Any provision of this Agreement, together with all exhibits hereof, may be modified, amended or supplemented in writing by the Company. All such modification, amendment or supplement shall take effect immediately after the Company uploads the same to the Teaching Platform.

16.6    Assignment. Consultant shall not have the right or ability to assign, transfer or subcontract any rights or obligations under this Agreement without the prior written permission of the Company. Any attempt to do so shall be void. Company may fully assign and transfer this Agreement in whole or part.

16.7    Effectiveness. This Agreement shall take effect upon pressing the button “I agree to be bound by this Agreement and hereby submit it” by Consultant and remain binding on parties unless earlier terminated in accordance with the terms of this agreement.

 

This Agreement is submitted by both the Company and Consultant through the Teaching Platform (the “E-agreement”). The Company and its administration will keep the E-agreement in the Teaching Platform permanently.

 

Contents of Exhibits

 

Exhibit A: Tutoring Services and Time Slot  

Exhibit B: Class Requirements and Disciplines

Exhibit C: Technical Requirements

Exhibit D: Service Fee, Payment and Benefit Schemes

Exhibit E: Right of Termination

 

 

Exhibit A: Tutoring Services and Time Slot

 

  1. Tutoring Services 

 

1.1    Consultant agrees to provide tutoring services, specifically including and without limitation to:

  1. Free Talk conversational classes.
  2. Other online tutoring services as requested by the Company.

1.2    The scope of Services may be added, amended or changed from time to time with written notification from the Company. The additions, amendments or changes to the required Services shall not invalidate or amend the other terms of this Agreement unless specifically stated in writing by the Company.

1.3    Consultant represents and warrants that Consultant has no outstanding agreement or obligation that is in conflict with any provision of this Agreement, or that would preclude the Consultant from fully complying with the provisions hereof, and further warrants that the Consultant will not enter into such conflicting agreement during the term of this Agreement.

 

  1. Time Slot

 

2.1    The Company will arrange classes automatically for consultant from time to time. The scheduled class shall be completed on time prior to the cancellation of such time slot.

2.2    The Company may not update the schedule all the time. Consultant shall refresh the page to confirm the change.

2.3    The Company shall be entitled to adjust the schedule based on the business operation or adjustment with a 3-day prior written notice to Consultant.

2.4    The Consultant must provide a monthly fixed schedule to the company 1 in a specified manner. This cannot be deviated from without mutual agreement.

 

 

Exhibit B: Class Requirements and Disciplines

 

Consultant shall strictly comply with the requirement in this Exhibit B, while the Consultant breach any clause hereinafter mentioned, the Company shall send a warning letter to the Consultant for each breach behavior.

 

  1. Class Requirements

 

1.1    Consultant shall ensure a high-quality class, shall be patient, always have a positive attitude with students and keep professional ethics and a good working spirit.

1.2    Consultant shall provide online tutoring services in his/her fixed private place (the “Service Place”). If the Consultant wishes to change the Service Place, the Consultant shall apply to the Company for approval ten (10) days in advance.

1.3    Consultant shall take all necessary actions, including without limitation to switching mobile phones to vibration mode, and turning off the television, to ensure a high-quality class. Furthermore, the consultant agrees that it is unacceptable to do any of the following during class time: compromise the strength of their internet connection with other high bandwidth activities,  talk to other people not party to the lesson , eat food, surf the internet or use a mobile phone or any other devices not for the purpose of teaching.

1.4    Consultant shall not refuse to attend the classes or teach certain student only out of a personal preference.

1.5    Consultant shall keep a neat and smart appearance and wear light blue shirt. It is not allowed to wear tank tops or vests, and no tattoos or facial piercings are to be visible to the students.

1.6    The light of the Service Place shall be bright, and the angle of the webcam shall be adjusted till the face is in the middle of the screen and the shoulders and above are visible to the students.

1.7    Consultant shall ensure The Company logo is visible to students during the class.

1.8    Consultant shall not mention his/her personal or sensitive information including without limitation to their personal contacts, social platform account, QR code information and working place.

1.9    When the class is over, Consultant shall click the “Class Over” button to end the class. Otherwise, the Company have right to deduct the Service Fee for the class.

1.10 Consultant shall comment on the teaching notes, submit the class report and deliver the homework to students within twenty-four (24) hours after class. But Consultant shall not deliver homework to the students who are at the first and second grade of primary school (seven and eight years old). If the Consultant fails to do so within twenty-four (24) hours after class or the class report does not meet the requirements of the Company, the Company have right to deduct the Service Fee for such class.

1.11 The Company shall be entitled to observe and record Consultant’s classes through the Company’s own system or Platform.

 

  1. Good Class Discipline

 

2.1    No absence should ever occur where they are avoidable.

2.2    No attending class late.

2.3    No insulting, mocking or teasing students, employees and other consultants.

2.4    No fake documents including diploma, teaching certificate and leave slip.

2.5    No eating, smoking, drinking alcohol, drinking water frequently (over 5 times) or teaching under the influence of alcohol or drugs.

2.6    No leaving during the class.

2.7    No selling or advertising, charging money, providing personal contact information without express permission.

2.8    No inappropriate hairstyles, no wearing inappropriate clothes and low-cut clothes; dress according to the company rules (light blue top).

2.9    No poor etiquette and classroom manners e.g. putting your head in your hands, untidy appearance, breastfeeding, changing clothes, constant yawning, leaving the seat frequently etc.

2.10 No babysitting or looking after a child when teaching a class.

2.11 No showing tattoos, wearing nose rings, tongue studs, lip piercings or any other piercing or decorations besides small studs in earlobes. No gauges or oversized holes in earlobes.

2.12 Always put forward a positive impression of The Company.

2.13 No inappropriate postures and webcam positioning e.g. hunched over, leaning back, look down etc., the entire face and shoulders should be captured by the webcam.

2.14 No non-teaching related behaviors e.g.  phubbing, surfing the internet, chatting on the phone, talking to others, let other people appear in the webcam or disrupt the class.

2.15 No messy backgrounds.

2.16 No typing or writing for a long time, which leads to unnecessary silence or delays in learning.

 

  1. Being Late, Absent and Dismiss Early

 

3.1    If the Consultant is late for the beginning of the class, or dismisses class early, it shall result in the deduction from any unpaid Service Fee as follows:

  1. If Consultant is late for or dismisses early less than two times or less in a month, it shall result in a deduction of 8% of Consultant’s hourly pay as specified in Platform from any unpaid Service Fee.
  2. If Consultant is late for or dismisses early for the third time or above in a month, 15% of hourly pay shall be deducted from any unpaid Service Fee.
  3. Being late or dismissing early means Consultant is late for a class or dismissing early over two (2) minutes (inclusive) but less than three (3) minutes (exclusive).
  4. Being late or dismissing early over three (3) minutes (inclusive) shall be deemed as absent from the class. It shall result in a deduction from any unpaid Service Fee, the amount shall be equal to multiply USD 0.6/minute from the beginning of the commencement time of the affected lesson measured by minute.

3.2    If the consultant is absent from the class, it shall result in the deduction from any unpaid Service Fee, the amount shall be equal to multiply USD 0.6/minute from the beginning of the commencement time of the affected lesson measured by minute.

3.3    If the Consultant is absent from class more than three (3) times (inclusive), the Company shall be entitled to postpone the payment of the unpaid Service Fee and cease to arrange classes for the Consultant. And the Company shall have the right to determine when to activate the Agreement based on the specific circumstances.

 

  1. Leave

 

4.1    Consultant may ask for leave twenty-four (24) hours prior to the beginning of the scheduled lesson. The duration of scheduled lessons that Consultant is unable to teach due to leave shall not exceed eight (8) hours. If the duration of scheduled lessons is in excess of eight (8) hours, USD 0.08/minute will be deducted from any unpaid Service Fee for affected lessons.

4.2    If Consultant applies for leave less than twenty-four (24) hours before the beginning of the scheduled lesson, USD 0.15/minute will be deducted from any unpaid Service Fee for affected lessons during the Consultant’s leave time.

4.3    In the case of an urgent medical emergency, the Consultant shall make all attempts to notify the Company as early as possible. The Consultant shall provide a medical certificate stating he/she was medically unfit to provide Services within three (3) days after the sick leave.

4.4    All the leave applications by the Consultant shall not be withdrawn or revoked once such leave applications are approved by the Company.

4.5    The Company shall not pay any Service Fee to Consultant during his/her leave.

 

 

Exhibit C: Technical Requirements

 

  1. Consultant shall provide the following technical conditions to ensure the high-quality classes:
  2. Browser: Google Chrome or Online Class browser suggested by the company
  3. Plug-in: Adobe Flash Player (latest version)
  4. System: Windows 7 or Windows 10 of desktop or laptop or tablet; Mac OS X10.7 or newer system of desktop or laptop with RAM 2 GB or more
  5. Internet Speed: Minimum 2000 Kbps download and 1000 Kbps upload internet connection at 19:00 (Beijing Time)
  6. Webcam: Either built-in or preferably high-quality Creative, Logitech or comparable products.
  7. Headset: Microsoft Life Chat LX-3000 preferred or any headset with sealed headphones and a swivel boom microphone. Logitech USB headsets are also recommended.
  8. If Consultant fails to attend the class on time due to his/her technical problems or other reasons, the Company shall have the right not to pay the Service Fee for this class.
  9. If Consultant fails to attend the class on time due to the student’s and/or the Platform’s technical problems, Consultant shall be entitled to the service fee for this class.
  10. The Company shall be entitled to arrange an IT test for Consultant to confirm whether the technical conditions provided by Consultant meet the requirements of the Company. After the IT test, Consultant shall develop his/her technical conditions according to the Company’s instructions (if any). If Consultant fails to meet the Company’s technical requirements

    three (3) times, the Company has the right to terminate this Agreement.

 

 

Exhibit D: Service Fee, Payment and Benefit Schemes

 

  1. Service Fee
    1. The Hourly Rate shall be subject to adjustments as otherwise agreed in writing by the Company and Consultant from time to time.
    2. The Hourly Rate will rise after you gain a bachelor’s degree or are 21 years or older.
  2. Transaction Fees
    1. Domestic bank transfer in the UK: no transaction fee,
    2. Domestic bank transfer in the USA: no transaction fee
    3. International overseas payments will be subject to the receiving banks transactions fees.
  3. Currency of Payment

The Service Fee and any other payable hereunder shall be paid in US Dollar (USD) or Great British Pounds.

 

 

Exhibit E: Right of Termination

 

The Company may terminate this Agreement with immediate effect with no liability to make any further payment to Consultant (other than in respect of amounts accrued prior to the termination of this Agreement) if at any time the Consultant:

  1. Asks for a leave of absence over three times (inclusive three) in recent thirty (30) days, or asks for long leave which is over fourteen (14) days in accumulate.
  2. Be absent or stay online but refuse to teach class more than three (3) classes (inclusive three) in recent seven (7) working days or in recent thirty (30) days.
  3. If Consultant does not provide necessary technical conditions, leading to network failures, absences over three (3) times during the time slot within seven (7) Working Days.  
  4. Fails to pass the IT test for three (3) times in recent thirty (30) days. Or consultant does not provide necessary technical conditions, and refuses to receive IT test or solve the problem.
  5. Takes nonprescribed drugs during the class.
  6. Conducts sexual harassment verbally or physically during the class.
  7. Has received a complaint about a criminal history and verified by the Company.
  8. Makes remarks on politically sensitive issues, makes inappropriate remarks, says rude words or discriminates against certain racial groups during the class.
  9. Is Scantily clothed.
  10. Makes or threaten to make false, negative, even malicious statements or comments about the Company on social media, which may adversely damage the interest of the Company, or adversely affect the business of the Company.
  11. Displays in the opinion of the Company poor teaching quality of the Company and remain incompetent after training.  
  12. Receives more than three valid warning letters due to the breach of Class Requirements and Disciplines set forth in Exhibit B.
  13. Any other conditions entitled the Company to terminate this Agreement in accordance with this Agreement, the Company policy, requirement and regulations.

 

 

Consultant Name:

 

 

Consultant Signature:

 

 

Date: