Learntalk Online Tutoring Agreement

Learntalk is wholly-owned by Learntalk Ltd, Hong Kong

 

A Non-Exclusive Agreement for English Online Tutoring Services between Learntalk and an Independent Individual Language Contractor

 

I, ___________________________, in my role as a Learntalk teacher, represent, warrant
and agree to the following terms and conditions:

PROVISION OF ONLINE ENGLISH TUTORIAL SERVICES
• I guarantee that I can provide quality online face to face English instruction / tutoring via
Learntalk platform and that I am fully qualified to offer such services on the basis of my
education, tutoring skills and / or work experience.
• I agree to work from home or any other location using my own computer with a LAN-cable
providing at least 5 mbps Internet connection to deliver my tutoring services.
• I agree that each lesson I conduct should be recorded on the Learntalk platform from start to
finish for Learntalk Administration tracking, monitoring and remuneration purposes.
• I agree that Learntalk shall not be held liable for any cost directly or indirectly arising from,
related to or associated with my use and upkeep of my computer, the Internet, video
conferencing, hardware, software, or any other related means or materials related to delivery of
my tutoring services.

CONTRACTUAL SERVICE AGREEMENT
• I understand that this is a contract service and that this agreement will not result in a full-time
nor a part-time staff position nor will it constitute an employee-employer relationship with
Learntalk.
• As such, Philhealth, Pag-ibig and SSS deductions will be for my account.
• This contract will last for one month and will automatically be renewed on a rolling basis
unless explicitly specified in writing by the Teacher or Learntalk.

 

TEACHER LEVEL & REMUNERATION
• I understand that given the fluency, grammar level, teaching experience, and certification,
teachers are designated as Language Tutors, Experienced Instructors, and Professional Teachers;
with basic hourly rates of $4, $9, and $15 respectively (A class only lasts for 25 minutes).
• I agree that I will be compensated if a first-time student joins the 25-min. Free Trial class. I also
agree that I will not be compensated for a free trial lesson if the student does not join the Free
Trial class. The rate of a Free Trial class is $2.00 regardless of the teacher’s tier.
• I agree that if I accept an Open Booking class, I will be paid the equivalent rate of the student’s
subscription, not my rate per lesson.

ONLINE TEACHING MODULES
• I agree to use online teaching modules prepared by Learntalk only.
• I agree not to use Learntalk’s teaching modules outside of Learntalk online teaching school
unless expressly authorized by Learntalk.
• I agree that Learntalk reserves the right to make changes to its website, its services and the
terms and conditions that shall govern its services at any time, and I hereby fully accept these
and any future terms and conditions.

CONDUCTING TUTORIAL SESSIONS
• I agree to be fully prepared to conduct regular twenty five-minute (25-min.) video conferencing
tutoring sessions for registered Learntalk students.
• I agree that the number of lessons I can conduct per day shall be based on an open teaching
schedule I make available to Learntalk from which students can book a time slot. The open
schedule can be offered as early as one month prior to a target tutoring date.
• I agree that I cannot cancel a scheduled lesson once it is booked, without incurring a penalty.

STANDARDS OF CONDUCT
• I agree to add the key people relevant to my position on Skype and would properly
communicate with them.
• I agree to acknowledge and answer messages, such as but not limited to SMS, Electronic mail,
private message, or chat which need replies within 48 working hours from receipt thereof.
• I guarantee that I will always adhere to the highest moral, ethical, legal and professional
standards of conduct through all means of communication with all of Learntalk students and
users.
• Should I become privy to certain personal information of Learntalk students in the course of
my tutorials, I will never use any personal information obtained through my work in Learntalk
for any illegal or immoral purposes.
• I agree to hold confidential all personal and other information of Learntalk students.
• I agree not to contact any Learntalk student or user for any reasons outside my professional
duties without prior written authorization from Learntalk. Should there be a violation of this
policy, I understand that Learntalk reserves the right to terminate my services unilaterally.

TEACHER EVALUATION
• I agree to be subject to a Teacher Evaluation by Learntalk students and Learntalk Quality
Assurance Team. I understand Learntalk reserves the right to terminate my services unilaterally
should I consistently be rated poorly.
• I agree to have my lessons monitored and recorded for quality assurance purposes.
• Learntalk will provide online training and conduct live training sessions for the teachers to
equip us with the appropriate skills and techniques used in conducting online lessons.
• Learntalk will conduct regular standard lesson checks to ensure that the Learntalk teaching
standards are met.

CANCELLED & MISSED CLASSES
• I agree to always be on time for my scheduled classes. I agree that if I am 3 minutes late for my
class, I will be considered absent and the class will be considered missed.
• I agree to the following Learntalk guidelines on cancellation of & missed classes:
1. If I cancel a booked Private/Group/Level Check/Open Booking/Free Trial class, I will
incur 1 deduction equivalent to my rate per lesson and 1 strike on my Learntalk
account. I agree that I will incur this penalty regardless of:
a. the number of days or hours I cancelled the booked class
b. the reason I cancelled the booked class
2. If I cancel an unbooked Private/Group/Level Check availability, I will incur no
deduction and no strike on my Learntalk account. I agree that I will incur no
deduction and no strike regardless of:
a. the number of days or hours I removed my availability
b. the reason I removed my availability
3. If I miss a booked Private/Group/Level Check/Free Trial class, I will incur 1
deduction equivalent to my rate per lesson and 1 strike on my Learntalk account. I
agree that I will incur this penalty regardless of:
a. the reason I missed the booked class
4. If a student cancels a booked class with me within 24 hours before the scheduled
class, I will be compensated for that class.
5. If a student cancels a booked class with me more than 24 hours before the scheduled
class, I will not be compensated for that class.

ACCOUNT SUSPENSION
Upon reaching 3 strikes on my Learntalk account, my Learntalk account will be locked to
prevent further missed lessons and all of my remaining booked classes will automatically be
transferred to other teachers. I will be paid based on the number of classes I serviced before my
suspension date. I agree to the account suspension protocol below:

a. 1st suspension – My account will be unlocked 1 week after the suspension
date.
b. 2nd suspension – My account will be unlocked 1 month after the suspension
date.
c. 3rd suspension – My account will be deactivated and my online tutoring
agreement will automatically be cancelled.

NON EXCLUSIVITY
• I understand that this agreement is non-exclusive and I am free to work for other employers
while providing online English tutoring services for Learntalk students.

CONSIDERATION
• For the services I render, I agree that payouts are being conducted manually on 15th and end of
each month at the rate according to the category I was assigned in for every successfully
completed twenty-five minute (25-min) tutoring session.
• I agree to be paid through Paypal or Payoneer only.

TERMINATION OF SERVICES
• Both parties are entitled to the termination of this Agreement by written notice.
• Learntalk may terminate the contract of each teacher unilaterally with immediate effect.
• All Learntalk Teachers are required to give a 30-day prior notice in writing for their resignation
to take effect, unless otherwise specified in writing by Learntalk management.
• During this time, they are required to continue teaching their scheduled classes however they
may close out unbooked remaining availabilities on the platform.
• Prior to finally ending their contract, it is the teacher's responsibility to have no more
availabilities listed on the platform, beyond their date of termination. The teacher’s account will
be deactivated on the termination date and all future booked class will be automatically
transferred.

Failure to do any of the above points will result in the withholding of outstanding payments.

• Learntalk retains the right to terminate the services of a teacher unilaterally on the following grounds (although not limited to the following):

• Teaching or communicating directly to Learntalk students outside posted schedule
• Inappropriate moral behavior to students and other parties
• Three (3) counts of “strikes”
• Severe complaint from student
• Poor average student evaluation ratings and reviews
• Poor performance in internal quality assurance reviews
• Passing on student information to other parties
• Giving my personal information or asking for the student’s personal information for any
personal gain such as asking for the student’s email address or phone number without any
written consent from Learntalk Management and using this information to conduct classes
outside of Learntalk
• Letting another person teach my class using my account without any written consent from
Learntalk Operations
• Business reasons

EFFECTIVITY DATE
• The agreement will take immediate effect on March 1, 2018.

I have read and I understand the policies, terms and conditions stated above thoroughly. I
agree to sign to abide by the policies and provisions stated in this Agreement.