TERMS OF SERVICE - TUTORS
You have been directed to this page since you have completed the online registration form to register yourself as a Tutor at ILMEAZY. This Terms of Service (“ToS” or “Agreement”) pertains to terms and conditions of service provided by individuals registering on ILMEAZY web and mobile application as tutors, post being granted approval from ILMEAZY. Please read these terms carefully prior to the enrollment. Accessing and enrolling on ILMEAZY as a Tutor requires accepting this ToS by clicking the “Accept” button. By clicking the Accept button, a legally valid contract is executed between you and ILMEAZY. If you do not agree to any of the terms mentioned below, please refrain from enrolling yourself as a tutor on ILMEAZY. If your application has not been approved by ILMEAZY, you cannot register.
INTRODUCTION
The website www.ilmeazy.com and the mobile application ILMEAZY are owned by MANSHAR EDTECH PRIVATE LIMITED, a company registered under the Indian law having its registered office at Carnival Infopark, Phase I, Kusumagiri P.O Kakkanad Kerala 682 030 India. Any reference of “ILMEAZY”, “MANSHAR”, “We” “US” shall mean and refer to MANSHAR EDTECH PRIVATE LIMITED. The terms “or “Tutor” or “you”, shall mean any individual, natural or legal person who has represented to MANSHAR that he/she is a certified tutor in the required subject/Topic, and has been approved by MANSHAR as a Tutor for ILMEAZY based on his/her qualification.
ENGAGEMENT AND SCOPE
MANSHAR hereby engages You on freelance basis for tutoring to the subscribers of ILMEAZY for the Term of this Agreement and You hereby accept the engagement on the terms and conditions as detailed out hereunder.
You shall be responsible for conducting live tuition services to the students of ILMEAZY and have such duties and responsibilities more particularly described in clause 4 of this Agreement.
You undertake to fulfil your obligations to the best of your ability and endeavour to provide online tuition services to the subscribers and clear their doubts based on the courses subscribed.
This engagement shall not be construed as an employee-employer relationship and You shall not be construed as an employee of MANSHAR.
You hereby acknowledges and agree that you have no authority to act or represent or enter into any contract or incur liability on behalf of MANSHAR.
You hereby understand, acknowledge and agree that your classes shall be recorded by MANSHAR.
TERM
This Agreement shall commence from the date mentioned above and shall continue for a period of 2 years unless terminated earlier (Term).
CONSIDERATION
You shall be eligible for a fee of Rs. 200 Per Hour, payable on a monthly basis.
The amounts mentioned in clause 3.1 above shall be inclusive of all taxes and MANSHAR shall have the right to deduct TDS as per the prevalent laws.
The consideration shall be paid to You only to the personal bank account provided by You.
You understands that you are not an employee of MANSHAR and accepts that you shall not be eligible for any benefits other than stated in Clause 3.
RESPONSIBILITIES OF YOU
You shall perform your obligations in the manner as prescribed by MANSHAR from time to time. The total number of hours in a daily sessions, time period, intermissions between sessions, and other related matters shall be provided by MANSHAR and there shall be five working days in a week.
You shall download and install the mobile application ILMEAZY and shall also log into the mobile /web application during the work times as directed by MANSHAR. You shall perform the services as per this Agreement on a remote working basis and shall not be required to attend MANSHAR’s offices unless otherwise instructed.
You should have the necessary infrastructure for providing the tutoring services including good speed internet connection of not less than 20 mbps, a good condition laptop/tab or computer. You are not permitted and shall not conduct tutoring classes from a mobile phone.
You shall, at all times while rendering the service, switch on the video and shall at all times display your face and shall not hide your face in any manner.
You shall use your best efforts to perform the services and complete your duties as contemplated in this Agreement and shall strive to achieve the KPIs as set out by MANSHAR.
You shall always behave in a professional manner and shall be courteous to the management of MANSHAR, customers, students, employees and other staff of MANSHAR.
You shall refrain from sharing your personal contact number, WhatsApp number, email or any other social media contact with the Subscribers and shall not procure any such details from the Subscribers of ILMEAZY.
You shall be required to complete the tuition services based on the weekly, monthly and yearly plan agreed by the Parties.
You, as an independent contractor, agrees to indemnify, defend, and hold harmless MANSHAR from any and all liability arising out of or in any way related to the services pursuant to this Agreement, including any liability resulting from your intentional or reckless acts, or omissions .
5.10.If You require leave, then you shall inform and take permission from MANSHAR not less than 03 days earlier however, You shall not make any changes for the classes which you already have committed.
5.11.MANSHAR shall provide periodical trainings to You and You shall be mandatory required to attend such trainings and in the event of your failure from attending the training, then it shall be deemed as a breach of this Agreement and the Agreement may be terminated at the option of MANSHAR.
5.12.MANSHAR may call for any meetings or gathering and You shall without fail, attend such meetings or gathering.
INTELLECTUAL PROPERTIES
You agree that all contents, teaching technique, methodologies, whiteboard displays, animations, caricature, story boards, texts, images, quotes etc computer programming, source code, data, contacts, tests, techniques, articles, project report, presentations, flow chart, diagrams, sketches, drawings, description, designs, work notes and other copyrightable materials which You, contribute during this engagement are “works made for hire” and are owned exclusively by MANSHAR. You shall not violate and infringe the Intellectual Property Rights of MANSHAR or any third parties while imparting training.
CONFIDENTIALITY AND NON-DISCLOSURE
While working for MANSHAR, You may come across, or be given, information that is confidential. Confidential Information includes customer lists, business strategies, research & development notes, statistics about a website, training modules and materials and other information that is private/proprietary. You promises to treat this information as if it is your own confidential information. You may use this information only to perform your obligations under this Agreement, and not for anything else.
You agree that you shall hold in trust any confidential information you received, under this Agreement and the strictest of confidence shall be maintained in respect of such confidential information. You agree that the obligation of confidentiality with respect to any confidential or proprietary information received from MANSHAR during the term of this Agreement shall continue even after the expiry of this Agreement. You further agree that you shall not duplicate, sell, use, lease, manufacture, or assist others to use or utilize the confidential information other than, as may be reasonably necessary to fulfil the objects of this Agreement and with the written permission of MANSHAR.
You hereby agree that you may have access to confidential information that belongs to third parties during the term. MANSHAR and You each promise that they will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If MANSHAR or You are allowed to share confidential information with the other party and does so, the party which receives such information covenants to protect such information as contemplated in this section .
NON – SOLICITATION & NON-COMPETE
During the Term and for a period of 06 months following the termination of this Agreement, You shall not directly or indirectly solicit, divert or take away, or attempt to divert or to take away, the business or patronage of any of MANSHAR’s customers or accounts, or prospective subscribers or accounts, of MANSHAR and further you shall not directly or indirectly recruit, solicit or hire any employee/consultant of MANSHAR, or induce or attempt to induce any employee/service providers/ consultants of MANSHAR to terminate his/her employment with, or otherwise cease his/her relationship with, MANSHAR.
CODE OF CONDUCT
You shall act honestly and behave with integrity.
You should be punctual on providing the services. In case of any absence for unavoidable reasons, you shall inform MANSHAR well in advance. However, absenteeism or such other interruptions attributable to You, if occurs more than (3) times in a month may be considered as a misconduct.
MANSHAR is expecting professionalism from You.
You shall cooperate with the management of MANSHAR.
You shall treat everyone with respect and courtesy and without harassment and discrimination.
You shall acknowledge any rules and regulations relevant to the service and follow the instructions, policies and procedures.
Harassment in any form is forbidden. Harassment for any reason including that based upon a person's race, color, religion, gender, age, or disability or sexual harassment will not be tolerated. Disciplinary action will be taken against violators.
You shall always be courteous to the students and the staff of MANSHAR and shall abide and adhere to the video conferencing and social media etiquettes.
You are not permitted to indulge in personal and confidential matters of any subscribers, other staff of MANSHAR in any manner.
10.INDEMNIFICATION
10.1.You shall be liable for and shall indemnify and keep indemnified MANSHAR and its directors, agents, employees against any claim, liability, loss, injury or damage arising out of or in connection with the services under this Agreement including but not limited to third party claim of Intellectual Property Rights and personal injury (including death) to any person or damage to any property, damage due to loss of reputation and goodwill or any other liability arising out of or in connection with the services, except where the liability, claim, loss or injury or damage arises due to an act or omission or negligence of MANSHAR or its agents, employees or representatives. The provisions of this clause shall survive the termination of the Agreement.
11.TERMINATION
MANSHAR may terminate this Agreement by providing a notice period of 30 days to You in writing, without assigning any reasons.
You may terminate this Agreement by providing 30 days’ notice in writing.
Additionally, notwithstanding any legal remedies and damages available, MANSHAR is entitled to terminate this Agreement immediately and without providing any notice to You a) in the event of the breach of any of the terms and conditions enumerated in this Agreement; or b) if You fail to meet the KPIs or quality of service is below the expectations of MANSHAR; or c) in the event of your misconduct.
In the event of termination of this Agreement for whatever reason, You shall forthwith return all property, documents and other materials connected with service to MANSHAR and shall not dispose of any item bearing the Intellectual Property Rights without prior written consent of MANSHAR.
In the event of termination of this Agreement, the rights afforded to You as per this Agreement thereof shall cease forthwith.
12. GENERAL
Assignment. This Agreement applies only to MANSHAR and You. You cannot assign its rights or delegate its obligations under this Agreement to a third party.
Entire Agreement. This Agreement represents the parties final and complete understanding of this subject matter discussed in this Agreement. This Agreement supersedes all other contracts (both written and oral) between the parties.
Modification, Waiver. MANSHAR may modify this Agreement from time to time with a prior notice. You may within 10 days of such modification, either accept or reject the new changes. If rejected, you shall be henceforth terminated with a notice of 30 days. Failure to reject within 10 days shall be deemed as your acceptance of the changes.
13.GOVERNING LAW
The rights and obligations of MANSHAR and You under this Agreement, shall be interpreted as per the laws of India and the Parties submit themselves to the exclusive jurisdiction of the courts in Ernakulam, Kerala, India.
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