1.1 Tutor is defined as “Independent Contractor” who shall provide the Services as defined herein to the Client.
1.2 Services shall mean any tuition session(s) provides to the Client by the Independent Contractor.
1.3 Student and parents/guardians seeking tutoring sessions from Right Tutor are defined as “Client”
1.4 The owners and company of Right Tutor Solutions are defined as “Right Tutor”
2. Description of Services
2.1. The Independent Contractor is not an employee under Right Tutor at all material time.
2.2. The Independent Contractor irrevocable agrees that from the very moment of using a Right Tutor platform/services via website/telecommunication platform with any representative from Right Tutor , this terms and conditions as may be defined or mutually agreed between Parties.
2.3. It is understood that the Independent Contractor shall prepare Services which shall include but not limited to lesson(s), activities, and worksheets related to the subject curriculum for each tutoring session. The Client and Right Tutor shall not have any obligation to provide tutoring material for the Independent Contractor unless otherwise agreed upon by between Parties.
2.4. It is agreed that the Independent Contractor shall, at all times, execute the Services to the highest standard in the teaching industry and to uphold the reputation and commercial image of Right Tutor. The Independent Contractor shall use his/her utmost effort to be:
2.4.2. presentable and dressed in a respectable manner.;
2.4.3. polite, diligent, and helpful; and
2.4.4. prepared for each tutoring session.
2.5. If, for any reason, the Independent Contractor is late for, or is unable to attend
a tutoring session due to circumstances beyond his/her control, the Independent Contractor agrees to contact the Client to notify him/her of this delay or absence, regardless of session type (in person or online). The Independent Contractor will work with the Client to come to an agreement as to how
he/she can make up/top up for this lost time. The Independent Contractor shall remain liable against Right Tutor in the event the the Services are unable to be performed.
2.6. The Independent Contractor agrees to be readily available by email and telephone with the Client and Right Tutor (within business hours).
Monday- Friday (9.00AM- 5.00PM) Saturday & Sunday (11.00AM-5.00PM )
If an email or telephone call is missed, the Independent Contractor will contact the Client or Right Tutor at his/her earliest convenience.
2.7. The Independent Contractor agrees to be committed to the predetermined times and dates of tutoring sessions. The time session can be amended upon mutual agreement between both parties (Client and Independent contractor).
2.8. The Independent Contractor shall, at the request of the Client or Right Tutor, provide to the Client or Right Tutor, any reports and/or information regarding the Client’s academic performance assessment within tutoring session(s).
2.9. Unless otherwise stated, the Independent Contractor shall not be held responsible for chaperoning or caring for minors or guarding a property and household while tutoring.
2.10. The Independent Contractor will not be held responsible for the Client’s academic performance or exam success.
2.11. The Independent Contractor is responsible to accept remuneration in monetary form from Clients based on the Services as provided. Right Tutor shall not at all material time interfere on the remuneration nor be held liable towards any non-payment from the Client to the Independent Contractor
3. The Company: Right Tutor
3.1. The Independent Contractor accepts that Right Tutor is a platform in providing an administrative role for the Client in which Right Tutor will:
3.1.1. negotiate on behalf of Independent Contractor to the Client to agree upon the terms and conditions pertaining to the services that the Independent Contractor will provide;
3.1.2. request time to time feedback from the Independent Contractor to ensure high tutoring academic standards are met;
3.1.3 provide introductory liaison services between the Client and the Independent Contractor; and
3.1.4 act as the agent of the Client. The Independent Contractor will accept all reasonable requests, instructions and communications from Right Tutor that are made on behalf of the Client.
4. Payment of Fees, Cancellation Policies, and Legal Considerations
4.1.The Independent Contractor agrees to and accepts all statements below:
4.1.1. The Client may elect to change an Independent Contractor (tutor) after the first lesson if, in the opinion of the Client, the Independent Contractor is not a good fit for the Client
4.1.2. All payment arrangements between the Client and the Independent Contractor shall be handled by Tutor itself. The rate shall remain as per agreed rate between Client and Right Tutor. The payment method shall be paid at the end of the month or any other period method that both parties (Tutor & Client) mutually agreed upon.
4.1.3. The Independent Contractor is not permitted and have no right to amend the rate that Right Tutor and client had agreed upon on the commencement year (eg commencement date June 2018, the tutor is not allowed to increase the rate in 2018 ) .
4.1.4. The Independent Contractor is responsible for all travel expenses. Right Tutors will not cover these expenses.
4.2. The Independent Contractor acknowledges that he or she is in no way covered by the Client or Right Tutor in any matter(s) of insurance and will obtain/purchase, should she/he deem appropriate, his/her own insurance policy in respect of any personal, liability, and/or third party claims.
4.2.1. The Independent contractor understands and agrees that he/she cannot and will not hold Right Tutor responsible, legally or otherwise, for any matters relating to, or in connection with, their work and affiliation with Right Tutor.
4.2.2. Right Tutor shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation, whether direct, indirect or consequential, which may be suffered or incurred by the Tutor arising from or in any way connected with the Right Tutor seeking a Tutor for the Client or from the Introduction to or Engagement of any Tutor by the Client or from the failure of the Right Tutor to introduce any Tutor.
5.1.The Independent Tutor shall pay an upfront deposit of 50% from the agreed remuneration in term of monetary form with the Client for a period of tuition session(s) as may be agreed between Parties to Right Tutor. Such deposit payment shall be made immediately to Right Tutor within three (3) working days upon notification by Right Tutor before Right Tutor act as an liaison officer between the Independent Tutor and Client.
5.2. A sum of admininstrative fee of Ringgit Malaysia: Thirty Five (RM35-00) only shall be payable by the Independent Tutor to Right Tutor along with the deposit as stipulated. Such administrative fee is non-refundable and will be imposed on the Independent Tutor should the Services continued to be provided to the existing Client on a new period of tuition session(s) or upon engaged by new Client as may be arranged or recommended by Right Tutor.
5.3. Upon the commencement of the Services, the deposit as described above shall be converted as referral fee and shall not be refundable to the Independent Tutor. For the avoidance of doubt, such conversion shall only applied in the event the Independent Tutor has provided his/her Services to the Client for more than one (1) session. In the event, the Client terminates/determines the Services as provided by the Client after the first session, Right Tutor shall refund an amount equivalent to ninety (90%) percent from the deposit collected free from interest to the Independent Contractor.
5.4. In the event, the Independent Tutor is not willing to provide the Services to the Client as may be introduced by the Client regardless whatsoever reason(s), Right Tutor shall only liable to refund fifty (50%) percent from the deposit collected from the Independent Tutor free from interest. The remaining fifty (50%) of the deposit shall not be deemed as penalty but merely as a pre-estimate genuine loss to Right Tutor.
5.5. Right Tutor reserves the right to amend commission structure if deemed necessary.
6. Independent Contractor’s Warranty
6.1. The Independent Contractor warranty that all information given to the Client (via Right Tutor or otherwise), whether prior to or during a tutoring session(s) is, to their knowledge, true and accurate in all respects.
7. Contract Termination
7.1. The Independent Contractor hereby agrees that Right Tutors may terminate this agreement with immediate effect if the Independent Contractor
7.1.1. commits a serious or material breach of any of his or her obligations as an Independent contractor/tutor;
7.1.2. repeatedly commits minor, but repeated breaches of obligations under this agreement;
7.1.3. acts in such a way so as to discredit the Client or Right Tutor business or reputation; or
7.1.4. is found guilty of any criminal offence
8. Confidential Information
8.1. The Independent Contractor agrees at all times, during the effective duration as defined with Right Tutor, not to disclose to others confidential information or knowledge pertaining to the business affairs and operations of Right Tutor, including but not limited to information about other tutor(s), information about any Client(s) and their family/ies, Right Tutor pricing policies, operational methods, marketing plans or strategies, future plans, and business acquisition and/or expansion plans.
Disclaimer of Warranties; Liability Limitation
You expressly agree that:-
(i) Right Tutor does not guarantee, represent, or warrant that your use of our services or website will be uninterrupted or error-free, and you agree that Right Tutor may remove or cancel our services at any time, without notice to you.
(ii) our website and services are provided on a “as is” and “as available” basis, for your use. your use of this site is at your sole risk. to the full extent permissible by applicable law, without warranties of any kind, either expressed or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
(iii) Right Tutor is not liable for the accuracy of information at any point in time, as content may be inaccurate, out-of date and is subject to change without notice.
(iv) Right Tutor does not warrant that this website, its servers, or e-mail sent from cocotutors.com are free of viruses or other harmful components that has destructive or contaminative properties. you are responsible for carrying out sufficient procedures and virus checks or scans.
(v) Right Tutor holds no legal liability for problems and disputes arising between tutees and tutors, we cannot guarantee satisfactory results.
(vi) Right Tutor or any of its employees, agents shall not be liable for any damages of any kind arising from any use of our services or website, including but not limited to, direct, indirect, consequential, incidental, punitive damages.
You agree to indemnify and hold Right Tutor and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your breach of these Terms of Service and/or Your violation of any law or the rights of any third party.