FoL English Tutor Agreement

This Tutor Agreement (this "Agreement") is by and between FoL English ("FoL English", "FoL", "Focus on Learning", "We") and any tutor that has undertaken to teach for and/or registered to be a tutor at www.folenglish.com ("Tutor", "Teacher", "Contributor", "Creator", "You", "Your", "Their").

1. Services

This Agreement governs the activities of Tutors in relation to Your use of the site at www.folenglish.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. FoL English reserves the right to change the terms of this Agreement (or any part) at any time, effective immediately upon posting on the Site. All changes will be communicated to You via email or directly via the platform. Please check this page of the Site periodically. Read it carefully and ensure that You understand its effect before proceeding to use the Services.

2. Tutor Obligations

2.1. During the term of this Agreement, Tutor will teach online courses and classes for any chosen subject, and provide such other services as may be agreed between Tutor and FoL English (the "Services").

2.2. Tutor shall use its best efforts to perform the Services in accordance with the highest professional standards.

2.3. Tutor warrants and represents to FoL English that:

2.3.1. 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 profile on the Site.

2.3.2. You are personally responsible for the information posted by You on the Site and submitted throughout the application process which You state is accurate and up-to-date. To the extent permitted by applicable law, FoL English 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 Site, You agree and authorise 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 authorise us to provide the copy of your passport or official identification card You submitted with a third-party vendor.

2.3.3. You will comply with the tutor rules and tutor behaviour guidelines set out in Annex 1 in this document.

2.3.4. You are not an employee and are instead self-employed and responsible for Your own income tax, national insurance and other liabilities payable.

2.3.5. 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.

2.3.6. You will only ever contact a person receiving the Services (a “Student”) via the Site.

2.3.7. You agree at all times to comply with all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable guidance and codes of practice related to the same, including GDPR compliance.

2.3.8. You shall comply to the best of your ability with FoL English’s Tutor selection processes and You shall not knowingly withhold any information which You reasonably believe to invalidate You from providing the Services.

2.3.9. You are responsible for putting in place appropriate insurance to cover Your provision of the Services hereunder.

2.3.10. In offering Your Services via the Site, You are complying 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.

2.3.11. You are not prevented from working with children.

3. Term and Termination

3.1. Tutor shall serve as a Tutor to FoL English for the schedule made available by FoL English on its website and selected by Tutor; provided, however, either party may terminate this Agreement at any time upon 10 business days' written notice by email (info@folenglish.com). In the event of such termination, Tutor shall be paid for any portion of the Services that have been performed prior to the termination.

3.2. 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 business days after having received written notice by email (info@folenglish.com) by the non-breaching party of the breach or default.

3.3. Notwithstanding the above, FoL English may terminate this Agreement with immediate effect upon written notice by email (info@folenglish.com) where:

3.3.1. Any information provided by You is found to be untrue, inaccurate, out-of-date, or incomplete.

3.3.2. Your performance of the Services is deemed by FoL English in its sole discretion to be unsatisfactory.

3.3.3. You act in any way that has brought, or could bring, FoL English into disrepute.

3.3.4. You are convicted of a criminal offence or are the subject of any investigation, which may in FoL English’s opinion affect your role as a tutor.

3.3.5. You are unable to carry out your duties for any reason whatsoever.

3.3.6. You fail to turn up to a lesson without providing a written reason in advance to both FoL English and the student or You repeatedly cancel lessons.

4. Independent Contractor

It is acknowledged and agreed that the Tutor's relationship with FoL English will be that of an independent contractor or freelancer and not that of an employee. Tutor will not be eligible for any employee benefits, nor will FoL English make deductions from payments made to Tutor for employment or income taxes, all of which will be Tutor's responsibility. Tutor agrees to indemnify and hold FoL English harmless from any liability for, or assessment of, any such taxes imposed on FoL English by relevant taxing authorities. Tutor will have no authority to enter into contracts that bind FoL English or create obligations on the part of FoL English.

5. Payments

5.1. The Payment Process shall be as outlined hereunder Annex 2.

5.2. You acknowledge and agree we may at any time update or adjust commission, payment or pricing structure. All relevant changes will be communicated to you by email or directly via the platform.

6. Proprietary Information and Confidentiality

Tutor agrees that all information, whether or not in writing, of a private, secret or confidential nature concerning FoL English 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 FoL English 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 FoL English or use the same for any purposes (other than in the performance of Tutor's Services) without written approval by FoL English, 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 FoL English or its client and to be used only in the performance of Tutor's duties for FoL English. All such materials or copies thereof and all tangible property of FoL English in Tutor's custody or possession shall be delivered to FoL English upon the earlier of (i) FoL English'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 their 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 FoL English or suppliers to FoL English or other third parties who may have disclosed or entrusted the same to Tutor or FoL English. 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 FoL English.

7. No Conflicts

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 use all ideas, processes, techniques and other information, if any, which Tutor has gained from third parties, and which Tutor discloses to FoL English 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 FoL English herewith any third-party products, ideas, processes, or other techniques, without the express, written prior approval of FoL English. Tutor represents and warrants that

7. No Conflicts

8. Mode of Communications

FoL English may, in its sole discretion, decide to deliver any documents related to this Agreement by electronic means, including email or via message on platform notification. 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.

9. Data Protection

The group privacy policies (FoL English) are incorporated into the terms of this Agreement and both parties agree to comply with it. Tutor hereby gives explicit consent to FoL English and its affiliates to collect and process (electronically or otherwise) personal data, including sensitive and financial data, about himself or herself necessary to administer this Agreement. Such data may include, but is not limited to, Tutor's name, work authorisation, government or tax identification number, date of birth, beneficiaries' contact information, and compensation information. Subject to compliance with the Privacy Policy, Tutor also hereby gives explicit consent to FoL English and its affiliates to transfer (electronically or otherwise) any such data outside the country in which Tutor is living or employed (including to the United Kingdom), as well as to third-party providers (in Tutor's home country or the United Kingdom or other countries) of legal, tax, benefits, administration or other services to FoL English, its affiliates, or employees. The legal person for whom such personal data is intended to be used is FoL English and/or its affiliates. Tutor further understands that FoL English and/or its affiliates may report information regarding Tutor and/or this Agreement to tax authorities or other governmental agencies as may be required to comply with applicable laws. You acknowledge and agree we may record classes for the purpose of training and quality assurance purposes.

10. Limitation of Liability

10.1. You agree that subject to clause 10.3, We shall in 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.

10.2. 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.

10.3. 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.

11. Disputes

11.1. 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 FoL English. FoL English will use all reasonable endeavours to provide a written response via email to any issue raised by a Student or a Tutor via the Site within fourteen (14) days.

11.2. During the term of this Agreement, You must inform FoL English immediately if You become aware of any dispute or potential dispute between a Student and You and/or FoL English in connection with the provision of the Tutoring Services rendered by You. You agree to cooperate fully with FoL English in resolving any dispute with a Student. FoL English 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 FoL English.

12. Miscellaneous

Any term of this Agreement may be amended or waived only with the written consent of FoL English. 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 by email (info@folenglish.com). This Agreement will be governed by the laws of England and Wales (with the exception of its conflict of laws provisions) and the parties hereby submit to the exclusive jurisdiction of the English courts. 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.

Annex 1: Tutor Behaviour Guidelines

1. Behaviour

1.1. 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 FoL English so we expect tutors to maintain a high degree of professionalism.

1.2. We expect tutors to maintain the highest standards of professionalism at all times. The following actions may result in a ban from the FoL English platform:

1.2.1. Any attempt to send or receive money from students.

1.2.2. Any attempt to recruit students to work or study off platform.

1.2.3. Sending your private contact information to students or requesting private contact information from students.

1.2.4. Conducting lessons off platform.

1.2.5. Abusing, harassing, disrespecting, or slandering students, other tutors, or any member of the staff.

1.2.6. Using any language that We, in our sole discretion, deem offensive.

1.2.7. Spam messaging or emailing.

1.2.8. Consistent low ratings or negative reviews from students.

1.2.9. Do not share FoL English personnel email addresses nor emails sent or received from FoL English employees with students.

1.2.10. Making negative or disparaging comments about FoL English or the FoL English platform in the presence of students.

1.3. Do not promote any business which is not FoL English.

1.4. 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.

1.5. In the event of missed lessons, only two will be permitted, although we reserve the right to treat and evaluate each case individually. Tutors have high expectations to uphold, and we reserve the right to choose who serves our customers without any contractual requirement to provide notice of removal.

2. Contact with Students

2.1. Do not exchange personal information with your students, including email address, phone number, social media, or links to your profile in other live tutoring platforms.

2.2. Lessons must happen on our platform.

3. Troubleshooting

3.1. 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.

3.2. In the event of missed lessons, we reserve the right to treat and evaluate each case individually.

3.3. If a student experiences repeated technical difficulties that you cannot solve quickly, please refer them to info@folenglish.com and continue with the lesson in order to minimise impact on the other students’ learning experience.

4. Equipment and Technology for Online Classes

4.1. You are required to provide your own computing, and other equipment, in order to carry out any and all duties required.

4.2. You are required to have and maintain an adequate level of internet connection, regardless of your working location.

4.3. You are required to have and maintain a high standard of audio equipment including microphone.

4.4. If you experience any technical difficulties, please keep a positive attitude, apologise to the student and let them know that you will raise the problem with the FoL English Support Team so that it gets fixed as soon as possible.

Annex 2: Payments and Payment Schedule

1. Trial Lessons

1.1. Tutor is free to decide if they wish to offer a free trial class, a £15 trial class or no trial classes at all.

1.2. In order to incentivise Tutor to offer trial classes, £15 trial classes will pay the Tutor a fixed £14 fee.

2. Student/s Provided by FoL English ("FoL Students")

2.1. Any student coming through our platform who has not been referred by a tutor will be considered a FoL student.

2.2. When a student has been provided by FoL English, Tutor will be able to apply to teach that student via our jobs board. Students will be placed with the most suitable Tutor based on their requirements and our sole discretion.

2.3. The rate for teaching FoL students will be available to see before Tutors apply for the job. This rate will not include a separate commission, so the rate Tutors see attached to the job is the rate they will be paid.

3. Student/s the Tutor Brings to FoL English ("Converted Students")

3.1. This includes students that the Tutor brings from other websites, platforms and places.

3.2. Tutor will be free to set their own rates and shall receive 90% of the total student payment; thereby, accepting an effective commission rate of 10%.

3.3. Converted students must indicate that Tutor has referred them when they sign up via their initial sign up form.

3.4. In the event a Converted student books with another Tutor, the original referring Tutor will receive a share of FoL English's commission. That share will equal 10% of FoL English's 10% fee. All commissions will be paid in accordance with our Affiliate referral programme terms as outlined in Annex 3. Any changes will be communicated via email or platform communication.

4. Face-to-Face (F2F) Teaching

4.1. Face-to-face classes will be paid at our standard F2F rate which is currently £19 per hour taught.

4.2. You will be paid for a fixed number of hours, stated in advance, excluding breaks; however, if a class starts late, finishes early or a break is extended, e.g. by a Contact Teacher, Tutor will still be paid the full amount agreed.

4.3. Tutors must apply for F2F teaching through our platform in the same way they do for online teaching.

4.4. TEFLQ Tutors, as defined by the British Council, including qualifications such as MA TESOL, DipTESOL or DELTA, will attract an Enhanced rate of pay of £20 per hour taught; subject to annual review.

5. Material Creation and Sales

Tutor may be invited to create and sell their resources via our website, shop or other means.

5.1. Self-study Courses: All self-study courses sold will attract a commission of 50% of the total payment for the Creator.

5.2. Shop Resources: All resources sold will attract a commission of 50% of the total payment for the Creator.

5.3. Additional Resources, Materials and Other Items: Creators will attract a commission of 50% of the total revenue.

6. Additional Bonuses

6.1. Additional payments may be awarded on a discretionary basis.

7. Payment Schedule and Timings

7.1. Payments will be made to Tutors within 30 days of funds clearing, if not sooner.

Annex 3: Tutor Affiliate Programme

1. Affiliate Commission Structure

Tutor may also operate as Affiliate. They will receive a share in FoL English’s commission for referring students to the platform who go on to book with other Tutor/s.

1.1. Calculation:

1.1.2 The Affiliate commission is calculated based on the commission of the Lesson, which is the difference between the Client's charge rate and the Tutor's pay rate.

1.1.3 Our commission is 10%, and affiliates will receive 10% of that amount per lesson, with no upper limits.

1.2. Example:

If the Client's charge rate is £25 and the Tutor's pay rate is £22.50, the commission to FoL English is £2.50.
Affiliate commission would be 10% of £2.50, which is £0.25 per lesson.

2. Terms

2.1. Eligibility:

Affiliates must be registered and approved by FoL English to participate in the Affiliate Programme.
Affiliates must comply with all terms and conditions set forth in this Agreement.

2.2. Payment:

Affiliate commissions will be paid out on a monthly basis, within 30 days of the end of each month.
Payments will be made via the same method used for Tutor payments, unless otherwise agreed upon.

2.3. Reporting:

Affiliates will have access to a dashboard to track their referrals and commissions earned.
FoL English will provide monthly statements detailing the lessons completed and commissions earned via our platform.

3. Referral Conditions

3.1. Affiliate commissions are only paid for referrals to other tutors.

3.2. Referring their own students entitles them to the 10% commission as outlined in Annex 2.

4. Termination

FoL English reserves the right to terminate the Affiliate's participation in the programme at any time for any reason, including but not limited to breach of this Agreement or any fraudulent activity.

5. Miscellaneous

FoL English may modify the terms of the Affiliate Programme at any time, with notice provided to Affiliates via email or platform notification.

Affiliates are responsible for any taxes or legal obligations arising from their participation in the Affiliate Programme.

FoL English Tutor Agreement

Copyright FoL English 2024. All Rights Reserved.