Contract Agreement with IQRA Network. Please review.
Tutors may also be referred to as Teachers.
This Tutor Agreement (this “Agreement”) is by and between IQRA Network LLC, with an address at 300 Brickstone Square – Suite 201 – Andover, Massachusetts 01810, United States (the “Company,” “We,” and “Us”) and any tutor that has registered to be a tutor at www.iqranetwork.com (“Tutor,” “You,” and “Your”).
This Agreement governs the activities of Tutors in relation to Your use of the site at www.iqranetwork.com (the “Site”) and the Services (as defined below). By using the Site and the Services, You accept the terms set out in this Agreement in full. Company reserves the right to change the terms of this Agreement (or any part) at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. Read it carefully and ensure that You understand its effect before proceeding to use the Site or Services.
During the term of this Agreement, Tutor will teach online courses and classes for Students to learn Quranic Studies, Islamic Studies, and Arabic Studies and to speak the Arabic language and provide such other services as may be agreed between Tutor and the Company (collectively the “Services”).
Tutor shall use their best efforts to perform the Services in accordance with the highest industry professional standards.
Tutor warrants and represents to Company that:
You are at least eighteen (18) years of age and You have the necessary qualification or experience to provide the Services in the subject(s) You offer in Your application and profile on the Site;
You are personally responsible for the information posted by You on the Site and submitted throughout the application process which You represent andwarrant is accurate and up-to-date. To the extent permitted by applicable law, the Company may obtain (i) background check reports from public records or through third-party vendors regarding matters such as criminal convictions or sex offender registrations, and/or (ii) identity verification check reports. As a condition of offering tutoring services on the Company’s Site, You agree and authorize Us to use your personal information, such as Your full name and date of birth, to obtain such reports. In order to obtain such identity verification check reports, You further agree and authorize Us to provide the copy of your national ID, passport or official identification card you submitted with a third-party vendor;
You will comply with the tutor rules and tutor behavior guidelines set out in Annex 1 in this Agreement, which is hereby incorporated by reference;
You are self-employed and responsible for Your own income tax, national insurance, sales taxes and other liabilities payable;
You are wholly responsible for the appropriateness and the content of any User Generated Content used and/ or submitted by You during Your Term of engagement under this Agreement; for purposes of this Agreement, “User Generated Content” means any and all information and materials posted by You on the Site and submitted throughout the application process, including certificates, CVs, resumes, biographies, teaching material, government issued documents, slides, exercises and/or any type of instructional material used in your lessons including but not limited to video, audio or written content. You hereby represent and warrant that any User Generated Content is accurate and up-to-date.
You will only ever contact a person receiving the Services (a “Student”) via the Site;
You agree at all times to comply with all applicable laws, rules, and regulations, including those relating to taxation andthe processing of personal data and privacy, including, where applicable, guidance and codes of practice related to the same;
You shall comply to the best of Your ability with Company’s Tutor selection processes and You shall not knowingly withhold any information which You reasonably believe to invalidate You from providing the Services;
You have in place appropriate insurance to cover Your provision of the Services hereunder;
In offering Your Services via the Site, You are agreeing to comply with all applicable laws, regulations and codes of practice including, but not limited to, relevant legislation for the protection of businesses and consumers alike and which regulate the activities of the online environment;
You represent and warrant that You are not prevented or restricted, in any form or manner, from working with individuals under the age of 18.
Term and Termination.
Company will make tutoring schedules available on the Site. Tutor shall have sole discretion inselecting their tutoring schedule. Tutor’s engagement with Company hereunder shall last for the duration of the Tutor’s chosen tutoring schedule; provided, however, Company may terminate this Agreementupon 10 (ten) business days prior written notice to Tutor and Tutor may terminate this Agreement upon 60 (sixty) business days prior written notice to Company . In the event that Tutor notifies Company of their intent to terminate this Agreement pursuant to the foregoing provision, Company may immediately terminate this Agreement at any time in the 60 (sixty) business day period following Company’s receipt of Tutor’s termination notice. Upon termination of this Agreement for any reason, by either party, Tutor shall be paid for any portion of the Services that have been performed by Tutor prior to the effective date of termination. Terminated Tutors agree not to teach Students that are sourced by the Company for at least 1 year after termination nor to help them find teachers who do not provide tutoring services on behalf of Company.
Should either party default in the performance of this Agreement or materially breach any of its obligations under this Agreement, the non-breaching party may terminate this Agreement immediately if the breaching party fails to cure the breach within 5 (five) business days after having received written notice by the non-breaching party of the breach or default.
Notwithstanding the above, Company may terminate this Agreement with immediate effect upon written notice where:
Any information provided by You is found to be untrue, inaccurate, out-of- date, or incomplete;
Your performance of the Services is deemed by Company in its sole discretion to be unsatisfactory;
You act in any way that has brought, or could bring, Company in to disrepute;
You are convicted of a criminal offence or are the subject of any investigation, which may in Company’s opinion affect your role as a tutor;
You are unable to carry out Your duties for any reason whatsoever; or,
You fail to turn up to a lesson without providing at least 7 calendar days advance written noticeto both the Company and the Student or You repeatedly cancel lessons. Company reserves the right to exercise discretion in terminating this Agreement in the event that You fail to provide requisite advance written notice as provided above due to circumstances beyond Your control.
You engage in a Bannable Offense (as such term is defined in Annex 1 hereto).
It is acknowledged and agreed that the Tutor’s relationship with the Company will be that of an independent contractor and not that of an employee, partner, joint venturer, or agent. Tutor will not be eligible for any employee benefits, plans, fringe benefit programs, group insurance arrangements or similar programs. Company will not make deductions from payments made to Tutor for employment or income taxes, and all such taxes will be Tutor’s responsibility. Tutor shall indemnify, defend, and hold harmless Company, its employees, agents, directors, officers, trustees, parents, affiliates, subsidiaries, successors and assigns from and against any and all losses, claims, damages, liabilities, and expenses (including all reasonable attorneys’ fees): (i) arising out of or under this Agreement; (ii) arising from the acts or omissions of Tutor, their agents, successors and assigns; (iii) for intellectual property infringement related to or arising out of the Services or this Agreement; and (iv) for, or assessment of, any taxes imposed on the Tutor resulting from or arising out of this Agreement by relevant taxing authorities. Neither partymay bind, or attempt to bind the other to any contract. Company may use and authorize the use of Your name, likeness and biographical information in promotional materials, websites, including the Site, and the like. The terms of this Section shall survive the termination or expiration of this Agreement.
The Payment Process shall be as outlined hereunder: https://help.iqranetwork.com/en/collections/1942125-for-teachers
You acknowledge and agree We may at any time update or adjust the commission structure or the payment requirements for “free trials” or lesson packages/bundles. All changes will be communicated to You via Your account on the Site.
We reserve the right to withhold payment from You in the event that you fail to comply with applicable United States and international tax laws.
Any payments made to Your account on the Site in respect of the Services provided will be directly deposited into Your bank account or sent via a payment processing service (such as WesternUnion, TransferWise, Paypal, Bank Transfer or Xoom) within the first 15 business days of the following month. The Company will not be responsible for payment delays or fees or commissions incurred by Your bank or any intermediary payment service such as WesternUnion, TransferWise, Paypal, Bank Transfer or Xoom.
Proprietary Information and Confidentiality.
Tutor agrees that all information, whether or not in writing, of a private, secret or confidential nature concerning the Company’s or its clients, business, business relationships or financial affairs, including for the avoidance of doubt any curriculum materials, (collectively, “Proprietary Information”) is and shall be the exclusive property of the Company or its client as the case may be. Tutor agrees that he or she will not disclose any Proprietary Information to any person or entity other than employees or advisors of the Company or use the same for any purposes (other than in the performance of Tutor’s Services) without prior written approval from the Company, unless and until such Proprietary Information has become public knowledge without Tutor’s fault. Tutor also agrees that any materials containing Proprietary Information which shall come into Tutor’s custody or possession shall be and are the exclusive property of the Company or its client and to be used only in the performance of Tutor’s duties for the Company. All such materials or copies thereof and all tangible property of the Company in Tutor’s custody or possession shall be delivered to the Company upon the earlier of (i) the Company’s request or (ii) termination of Tutor’s Services. After such delivery, Tutor shall not retain any such materials or copies thereof or any such tangible property. Tutor further agrees that his or her obligations not to disclose or to use Proprietary Information and materials containing Proprietary Information and to return materials and tangible property also extend to such types of information, materials and tangible property of customers of the Company or suppliers to the Company or other third parties who may have disclosed or entrusted the same to Tutor or the Company. To the extent that, in the course of performing the Services, Tutor jointly or solely conceives, develops, or reduces to practice any inventions, original works of authorship, developments, concepts, know-how, improvements or trade secrets, whether or not patentable or registrable under copyright or similar laws, Tutor hereby assigns all rights, titles and interest to such inventions to the Company.
Tutor represents and warrants that Tutor is not under any pre-existing obligation in conflict or in any way inconsistent with the provisions of this Agreement. Tutor represents and warrants that Tutor’s performance of all the terms of this Agreement will not breach any agreement to keep in confidence proprietary information acquired by Tutor in confidence or in trust prior to commencement of this Agreement. Tutor warrants that Tutor has the right to disclose and/or or use all User Generated Content, ideas, processes, techniques and other information, if any, which Tutor has gained from third parties, and which Tutor discloses to the Company or uses in the course of performance of this Agreement, without liability to such third parties. Notwithstanding the foregoing, Tutor agrees that Tutor shall not bundle with or incorporate into any deliveries provided to the Company herewith any User Generated Content, third party products, ideas, processes, or other techniques, without the express, written prior approval of the Company. Tutor represents and warrants that Tutor has not granted and will not grant any rights or licenses to any intellectual property or technology that would conflict with Tutor’s obligations under this Agreement. Tutor will not knowingly infringe upon any copyright, patent, trade secret or other property right of any former client, employer or third party in the performance of the Services.
Mode of Communications.
The Company may, in its sole discretion, decide to deliver any documents related to this Agreement by electronic means. Tutor hereby consents to receive such documents by electronic delivery. To the extent Tutor has been provided with any documents relating to the subject matter of this Agreement in a language other than English, the English language documents will prevail in case of any ambiguities or divergences as a result of translation.
You acknowledge and agree that the Company may record videos of Your lessons. This recording is intended for the purpose of sharing with Students subscribed to appropriate plans and for the purpose of ensuring the quality of lessons and tutoring. Recordings will not be shared externally, but may be used for marketing, or other promotional purposes. By using the Company’s Services, You agree and give consent for such recordings that is gratuitous, unsolicited, and without restriction. You agree that the Company may use these recordings without fiduciary, or other obligation, and without any additional compensation.
Limitation of Liability.
We shall,under no circumstances, be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or Services.
Our liability to You whether in contract, tort or otherwise shall in no circumstances exceed the total payments earned by You in the six (6) months preceding the date on which the liability arose.
Nothing in this Agreement is intended nor shall it be construed as an attempt by any party to exclude or limit its liability for any liability which cannot be excluded or limited under applicable law, including without limitation its liability for death or personal injury caused by its negligence or for its fraudulent misrepresentation.
The parties agree that they shall attempt in good faith to resolve any dispute or claim promptly through negotiations between You and a representative of the Company. Company will use all reasonable endeavors to provide a written response via email to any issue raised by a Student or a tutor via the Site within fourteen (14) days. During the term of this Agreement, You must inform Company immediately if You become aware of any dispute or potential dispute between a Student and You and/or Company in connection with the provision of the tutoring Services rendered by You. You agree to cooperate fully with the Company in resolving any dispute with a Student. Company reserves the right to suspend Your account with immediate effect while an investigation is conducted. Your Account may be reactivated once an investigation has been completed. The consequence of any investigation instigated by a Student is entirely at the discretion of the Company.
Any term of this Agreement may be amended or waived only with the written consent of the Company. This Agreement together with the Confidential Information Agreement constitutes the sole agreement of the parties and supersedes all oral negotiations and prior or contemporaneous writings with respect to the subject matter hereof. Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient when delivered personally or by overnight courier or sent by email or fax (upon customary confirmation of receipt), or forty-eight (48) hours after being deposited mail as certified or registered mail with postage prepaid, addressed to the party to be notified at such party’s address or fax number as set forth below, or as subsequently modified by written notice. This Agreementwill be governed by the laws of the Commonwealth of Massachusetts, United States of America (with the exception of its conflict of laws provisions) and the parties hereby submit to the exclusive jurisdiction of the federal and state courts of Suffolk County of the Commonwealth of Massachusetts, United States of America. The invalidity or unenforceability of any provision or provisions of this Agreement will not affect the validity or enforceability of any other provision hereof, which will remain in full force and effect. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument.
Tutor Behavior Guidelines
Be a brand ambassador: We are always open to suggestions and constructive criticism, but You must avoid making any negative or disparaging comments about the platform to your Students. Remember, You are the face of the Company, so We expect you to maintain a high degree of professionalism.
Do not promote Your own business.
Do not exchange personal information with Your Students, such as email address, phone number, social media or links to Your profile on other live tutoring platforms.
Lessons must be conducted on our Site or using Company authorized third-party software such as Zoom or Google Meet, unless Company provides otherwise in advance written notice.
Please have a back-up plan in case You experience any technical difficulties, such as connection issues on either side. Remain positive and calm and follow the instructions provided on how to report these. Please note:
You are required to have and maintain an adequate level of internet connection, regardless of Your working location.
You are required to have and maintain a high standard of audio and video equipment, including microphone/headset.
We reservesole and exclusive discretion in choosing who may serve as a tutor on our Site.
The Company reserves the right to immediately terminate and remove Your account in the event that you engage in any of the actions outlined below (each a “Bannable Offense”).
i. You attempt to send or receive money from Students.
ii. You attempt to recruit Students or other tutors to work or study off Our Site.
iii. You send or request private contact information from Students.
iv. You conduct lessons off of the Site without explicit prior written permission from the Company.
v. You abuse, harass, disrespect, or slander Students, other tutors or any member of the staff.
vi. You use any language that We, in our sole discretion, deem offensive.
By clicking the “ACCEPT” button below, You agree that Your Services are governed by the terms and conditions of this Agreement, all of which You agree to be bound by and comply with. Further, by clicking the “ACCEPT” button below, You acknowledge and agree that You have read, understand, and agree to be bound by this Agreement and any ancillary documents and understand that all rights and obligations with respect to your Services are set forth in this Agreement and any ancillary documents that may be provided to You in either paper or electronic form. It is recommended that You print or save a copy of this Agreement and any documents linked to this page or that may be provided to You for Your records.