This SifuTutor - Tutor Agreement ("Agreement") is between SifuTutor ("Company") and tutor.
WHEREAS, the Company shall mean Sifu Tutor, a company registered under Sifu Edu & Learning Sdn Bhd, registration number 1270698-W;
WHEREAS, the Tutor has expertise in the area of teaching and tutoring clients or students.
In consideration of the mutual agreements and covenants herein contained, the parties hereto agree as follows:
1. ACCURACY OF BIOGRAPHICAL INFORMATION:
Tutor warrants that all resumes, references, and other biographical information provided to the Company are wholly accurate and complete, and understands that the inclusion of any false, incomplete, or misleading information in these documents is grounds for Company immediately ending this Agreement, without any liability on the Company. Tutor also allows Company to conduct a background investigation of Tutor at any time and for any reason.
2. INDEPENDENT TUTOR:
The Company will utilize the Tutor, as needed by the Company, for the following purposes: Private academic tutoring/consulting of Company clients. Tutor agrees not to accept or solicit (directly or indirectly) business from any past, present or future company client or member of client's family, and agrees not to use in any way the Company's present or future name, mark, or other identifying information for any purposes whatsoever (except on behalf of the Company), including but not limited to any sort of self-promotion or business not directly associated with the Company's business. Tutor may however work for other tutoring companies, or tutor for private clients, so long as these clients have zero association with the Company.
3. INDEPENDENT TUTOR (part II):
This Agreement shall not render the Tutor an agent, employee, partner, or joint venture with the Company for any purpose. The Tutor is and will remain an independent tutor for all purposes in his or her relationship to the Company. The Company shall not be responsible for withholding any taxes with respect to the Tutor's compensation hereunder. The Tutor shall have no claim against the Company hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
Tutor warrants that the services provided by Tutor shall be performed in a professional manner, and shall be of a high grade, nature, and quality. All services shall be performed in a timely manner and shall meet deadlines agreed between Tutor and the Company.
5. INCOME TAX DESIGNATION:
The Tutor shall acknowledge, that all payments to the Tutor are gross payments, and the Tutor is solely responsible for all income taxes and social security payments thereon.
The following duties shall be required of Tutor:
a) To make sure to update schedule and upload Evaluation Form and Student Progress Report into our Mobile Apps in a timely manner.
b) To travel to/from the tutoring location, arriving on time and fully prepared for each lesson.
c) To closely monitor student improvement and provide quality, ethical instruction to students at all times.
d) To stay in touch with our Office Staff, making sure to return any phone or email messages promptly.
e) To continually update his/her profile on by communication via email, and contribute to Company’s database of shared tutoring information whenever possible.
Tutor’s compensation is agreed at a unit price for every student as per the followings :
A) LONG-TERM CLASS SESSION
1) Physical Class (First 8 Hours)
• UPSR/PT3: RM15.00/hour, SPM: RM18.00/hour, IGCSE: RM21.00/hour, Pre-U/STPM/A-Level: RM24.00/hour, Diploma: RM27.00/hour, Degree: RM30.00/hour, ACCA/CIMA/Law Subject: RM36.00/hour
2) Online Class (First 8 Hours)
• UPSR/PT3: RM9.00/hour, SPM/IGCSE: RM10.50/hour, Pre-U/STPM/A-Level: RM12.00/hour, Diploma: RM13.50/hour, Degree: RM15.00/hour, ACCA/CIMA/Law Subject: RM18.00/hour
3) Physical Class (9 Hours & Above)
• UPSR/PT3: RM35.00/hour, SPM: RM42.00/hour, IGCSE: RM49.00/hour, Pre-U/STPM/A-Level: RM56.00/hour, Diploma: RM63.00/hour, Degree: RM70.00/hour, ACCA/CIMA/Law Subject: RM84.00/hour
4) Online Class (9 Hours & Above)
• UPSR/PT3: RM21.00/hour, SPM/IGCSE: RM24.50/hour, Pre-U/STPM/A-Level: RM28.00/hour, Diploma: RM31.50/hour, Degree: RM35.00/hour, ACCA/CIMA/Law Subject: RM42.00/hour
B) SHORT-TERM CLASS SESSION
1) Physical Class
• UPSR/PT3: RM30.00/hour, SPM: RM36.00/hour, IGCSE: RM42.00/hour, Pre-U/STPM/A-Level: RM48.00/hour, Diploma: RM54.00/hour, Degree: RM60.00/hour, ACCA/CIMA/Law Subject: RM72.00/hour
2) Online Class
• UPSR/PT3: RM18.00/hour, SPM: RM21.00/hour, IGCSE: RM21.00/hour, Pre-U/STPM/A-Level: RM24.00/hour, Diploma: RM27.00/hour, Degree: RM30.00/hour, ACCA/CIMA/Law Subject: RM36.00/hour
Tutor must complete the Tutor Online Test, to receive the compensation price as stated. The Company shall review the Tutor’s performance at regular intervals during the term of this Agreement to determine any necessary adjustment to compensation. The Company reserves the right to deny payment for faulty or incomplete work done by Tutor.
We will reimburse clients for any materials bought for the student's use. Tutor will not be reimbursed for any materials purchased for their own use. The Company shall not be obligated to reimburse the Tutor for any additional expenses incurred in the performance of services pursuant to this Agreement unless agreed in writing by the Company in advance. However, Tutors are encouraged to keep close track of any businesses-related expenses (such as books, car mileage or gas costs) for tax write-off purposes.
The Company may terminate the use of Tutor's services if his/her performance of official work duties is deemed to be ineffective, inappropriate or insufficient. The Tutor may also terminate working for the Company for any reason having supplied one month notice.
10. CONFIDENTIALITY AND OWNERSHIP:
Tutor recognizes and acknowledges that the Company possesses certain confidential information that constitutes a valuable, special, and unique asset. As used herein, the term "confidential information" includes all information and materials belonging to, used by, or in the possession of the Company relating to its products, processes, services, technology, inventions, patents, ideas, contracts, financial information, developments, business strategies, pricing, lists of current and prospective customers, marketing plans, and trade secrets of every kind and character. Tutor agrees that all of the confidential information is and shall continue to be the exclusive property of the Company, excepting materials prepared in whole by Tutor and whether or not disclosed to or entrusted to Tutor's custody. Tutor agrees that Tutor shall not, at any time following the execution of this Agreement, use or disclose in any manner any confidential information of the Company.
To the extent any inventions, technologies, reports, memoranda, studies, writings, articles, plans, designs, specifications, exhibits, software code, or other materials prepared by Tutor in the performance of services under this Agreement include material subject to copyright protection, such materials have been specially commissioned by the Company. To the extent they include material subject to copyright, patent, trade secret, or other proprietary rights protection, Tutor hereby irrevocably and exclusively assigns to the Company, its successors, and assigns, all right, title, and interest in and to all such materials. To the extent any of Tutor’s rights in the same are not subject to assignment hereunder, Tutor hereby irrevocably and unconditionally waives all enforcement of such rights. Tutor shall execute and deliver such instruments and take such other actions as may be required to carry out and confirm the assignments contemplated by this paragraph and the remainder of this Agreement. All documents, magnetically or optically encoded media, and other tangible materials created in whole by Tutor as part of its services under this Agreement shall be owned jointly by both the Company and the Tutor.
Tutor will not divulge to others or use for Tutor’s own benefit any confidential information obtained during Tutor’s engagement relating to the Company's business and operations or its affiliates involving strategy, customer lists, lists of prospective customers, employee lists, number and location of representatives, new and existing programs and services, prices and terms, and any other proprietary information as may exist or be developed from time to time.
The company reserves the right at any time to amend the terms and conditions set forth in this agreement and the board may amend the plan in any respect.
12. ENTIRE AGREEMENT:
This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged. Any subsequent change or changes in the Tutor's duties will not affect the validity or scope of this Agreement.
13. ADDITIONAL ACKNOWLEDGMENTS:
Both parties acknowledge and agree that: (a) the parties are executing this Agreement voluntarily and without any duress or undue influence; (b) the parties have carefully read this Agreement and have asked any questions needed to understand the terms, consequences, and binding effect of this Agreement and fully understand them.