Terms and Conditions of Use
For Parents & Students:
Tutor Fees, Fee Policy & Rates
Payment Procedures & Methods
No-Risk First Session
Recommendations & Referrals
Termination of Service
Independent Contractor: Subject to the terms and conditions of this Agreement, TM hereby engages you, Tutor, as an independent contractor to perform the services set forth herein, and Tutor hereby accepts such engagement. Unless otherwise agreed upon, Tutor is and will remain an independent contractor in his or her relationship with TM. As an independent contractor, Tutor also agrees not to represent himself/herself to anyone as an employee of TM.
Tutoring Match's Role / Responsibilities: Tutoring Match, as an independent contractor, agrees to act as Tutor's agent by providing the Tutor with work oppportunities and membership services such as marketing & advertising, payment & billing and support & training. As the Tutor's agent, Tutoring Match is responsible to Tutor in accordance with the mutual interests and benefits of Tutor's membership level.
Conflicts of Interest; Non-hire Provision: The Tutor represents that he or she is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between the Tutor and any third party.
1. Tutor Memberships:
TM provides Tutor with 3 Membership Options: Basic, +Plus and Professional.
Each Membership entitles Tutor (in Home and Online) to respective rights, benefits, privileges, features, opportunities, discounts and support options.
- Basic Membership - FREE - provides Tutor with 20 features while TM acts as Tutor's agent and tutorial match-maker.
- +Plus Membership - RISK FREE - entitles Tutor to 40 benefit options (profile features, marketing opportunities, payment services and support).
- Profesional Membership - RISK FREE - entitles Tutor to all 70+ benefit options and opportunities that support Tutor's private tutoring business.
2. Tutor Profile:
Profile Activation: Tutor may complete profile information at his or her discretion. A Tutor activates his/her profile once the fields (Narrative, Education info, Availability, Fee, Fee Range, Payment Options and Photo) have been completed. At that time, TM's staff will review and proofread Tutor's profile.
Tutor Profile Accuracy: TM reserves the right to reject a Tutor's profile as is and subsequently to edit and modify information on the Tutor's profile (without changing the facts). Fields such as the Tutor's Personal Statement, Occupation, and Degrees - may be revised by our staff to improve profile appearance.
Multiple Profiles: If a tutor wishes to have multiple profiles for multiple locations (In Home) and/or Online Tutorials, he or she must become a paid member.
Tutor Photograph: The photo should clearly display a Tutor's face. Inappropriate pictures will not be accepted, and a Tutor may be notified of the rejection. TM will use its own judgment of a Tutor's photo. Please note that the uploading of the Tutor photograph is the sole responsibility of that tutor. Every photo will be viewable by all Internet users, and as such should be uploaded at the Tutor's own discretion. If a tutor feels uncomfortable about having his/her photo posted on our website, then the tutor should reconsider uploading it. Tutors should realize that profiles with photos make the Tutor appear more human (than just words on a screen!) and are more likely to attract potential clients. Tutor profiles without a photo will be listed at the bottom of any tutor search results.
Tutor Credibility: Posting a Resume, posting Testimonials, being Interviewed, keeping References on file, conducting a Background Check, acquiring Tutor Certification or requesting Ratings & Reviews are suggested because they enhance a Tutor's credibility and membership support, but all are optional. Tutor's profile should reinforce and complement (not repeat) a Tutor's resume.
We ask Tutor to interview ( in person, via Skype, or phone) with our staff to complete our screening process when a Tutor decides to become a +Plus or Professional Member. During the interview, a prospective tutor should expect to discuss his/her teaching/tutoring experiences, educational goals and teaching style. Our staff will clarify any Tutoring Match procedures and policies; answer any questions about TM's Agreement, and explain membership benefits, as well as make suggestions for Tutor to grow and market his/her tutoring business.
4. Representations and Warranties, Miscellaneous:
Tutor represents and warrants that all information Tutor has supplied to TM about Tutor's current and past employment, education, teacher certifications, if any, and other personal history is true and complete in all respects. In addition, Tutor agrees not to accept any tutoring referral from TM that would violate any conflict of interest rule or other policy of any school or other institution where Tutor teaches or works.
5. Tutorials & Responsibilites:
Conduct: As a professional educator, Tutor conducts himself/herself in accordance with the highest professional standards with students, their parents and other interested parties. See Tutor Code of Ethics.
Duties: The Tutor agrees he/she is responsible for planning and implementing an appropriate program of instruction for the student in the subject(s) assigned. TM will provide support and suggestions as necessary. See Tutor Tips. The Tutor will be responsible for providing one-on-one tutoring instruction, being available on the dates and times scheduled or agreed upon by the Tutor. All In-Home Tutors will be responsible for providing their own transportation and arriving punctually to all scheduled appointments.
Online Tutors (+Plus ) will be responsible for his/her training of his/her preferred online tools. A Professional Member is entitled to 1-hour's worth of whiteboard and online tool training.
During the term of this agreement, the Tutor shall devote as much of his or her productive time, energy and abilities to the performance of his or her duties hereunder as is necessary to perform the required duties in a timely and productive manner. It is the duty of the Tutor to prepare adequately for all tutoring sessions and acquire any necessary materials / tools. TM supplies online Tutor Resources.
Communication: Because communication is essential between all parties (parents/students, tutors and TM), TM and member tutors operate with the following assumptions, guidelines and stipulations:
- If Tutor creates a profile with Tutoring Match, Tutor assumes maintenance of its content and information.
- Tutor's profile(s) represents Tutor's initial business communication with prospective clients.
- TM assumes Tutor is actively seeking tutorials if Tutor's profile(s) is/are viewable on TM's website.
- If a Tutor's profile is incomplete, TM may decide at its discretion whether to make that Tutor's profile viewable or not.
- After Tutor receives a tutorial request, Tutor needs to respond ASAP with an ACCEPT or a DECLINE.
- Failure to respond to a tutorial request will initate a review of a Tutor's status and possibly lead to deactivation of his/her profile.
- After Tutor receives a parent or student's contact information, Tutor needs to call parent or student as soon as possible to schedule first session.
- If Tutor accepts a tutorial and then doesn't communicate with the client or show up at the appointed time, Tutor's membership will be suspended and Tutor's profile will be deactivated.
- If Tutor doesn't respond in a timely fashion to TM's emails, texts or phone calls, TM reserves the right to deactivate Tutor's profile.
- When Tutor signs into Tutor's account, TM considers that a response.
- If inappropriate information shows up on Tutor's profile, TM will delete the information and reserve the right to deactivate Tutor's profile.
- If Tutor wants to be placed "On Hold", Tutor must communicate with TM by phone or email to credit Tutor membership accordingly.
- If Tutor wants Tutor's account to stay active while Tutor is unavailable or on vacation, Tutor can place a notification using CAPITAL LETTERS in Tutor's profile's narrative text box.
- Tutor must call or email TM to reactivate Tutor's account.
- TM will respond to all email correspondence asap within 24 hours.
- Progress Reports: Parents occasionally request a monthly or weekly progress report for a student. TM will supply Tutor with forms for this purpose. TM asks that these checklist reports be submitted (emailed or faxed) to TM at the end of each month.
Cancellation of a session by Tutor: If Tutor needs to cancel a session, unless there is an emergency, TM suggests to give 24 hours prior notice. If Tutor or a student cancels a session, a make-up session should be rescheduled, if possible.
Substitution or Replacement: If Tutor needs to cancel a session, and cannot make it up, he or she should notify TM in a timely manner so a suitable substitute Tutor can be found. If Tutor needs to miss a number of tutorials, he or she should contact TM in a timely fashion to request either a temporary or permanent replacement.
24-Hour Cancellation Policy Option: TM has notified parents that they need to notify Tutor at least 24 hours in advance; otherwise, they will be charged the tutoring fee for that session. Of course, if a tutee gets sick or some emergency arises to preempt the tutorial, then TM recommends no charge for the tutorial as long as the parents have made a reasonable attempt to contact the tutor in a timely fashion.
Assignment: The Tutor shall not assign any of his or her rights under this Agreement, or delegate the performance of any of his or her duties hereunder to another party or Tutor, without the prior written consent of TM.
Termination of a Tutorial: Tutor must give TM two weeks' notice when terminating a client. TM will then work to find a replacement, if needed.
Liability and Obligations: The Tutor will have no claim against TM for damages incurred during the execution of Tutor's duties. Such damages include, but are not limited to injuries, emotional damages, physical harm and traffic accidents. The Tutor acknowledges that he or she bears all risks of performing contracted duties. These risks include those resulting from the interaction between the Tutor and the students and families to whom the Tutor provides tutoring services. The Tutor acknowledges that the students referred to the Tutor by TM are strangers whose backgrounds have not been checked by TM. Thus, the Tutor should exercise his or her own judgment and protocol for deciding whether to engage in tutoring services with each student or client referred to the Tutor by TM. The Tutor is never obligated to pursue any tutoring opportunity that TM offers a Tutor, but Tutor is required to respond to all requests.
6. Rates & Referrals - Practices, Policies and Payments:
Rates: Tutor is responsible for choosing what value / worth he or she places on his/her services.
Range of Rates: Tutor is responsible for choosing what fee range is appropriate for his/her services. Tutor's maximum and minimum fee range will be presented to potential clients on Tutor's profile page on TM's website.
Tutor may elect to have one fee, but if he or she chooses a range, the difference in fees should be clearly and specifically explained in the Payment Plans' text box. If Tutor chooses to offer a fee range, then an explanation is required in the Tutor's Payment Option text box.
Payment Options: When Tutor elects to offer one or more Payment Plans, Tutor needs to describe each on his or her profile page for potential clients to understand any discounts or special offers.
Compensation: When a Tutor (BASIC MEMBER) receives a tutorial request, he or she chooses his or her rate by submitting a bid for each individual subject area. The fee (bid) should be a comparable reflection of what Tutor charges his or her non-TM clients for comparable work.
As full compensation for the services rendered pursuant to this Agreement, TM shall pay the BASIC MEMBER an hourly rate equal to 80% of Tutor's hourly final rate as agreed upon prior to a tutorial 's first session.
+PLUS MEMBERS receive 90% of their accepted bid while PROFESSIONAL MEMBERS earn 100% of their bid.
"No-Risk" First Session: If the student, parent or tutor decides after the first hour that the in-home tutorial is not a satisfactory match, TM does not charge for that first session; otherwise, a charge applies. PROFFESSIONAL MEMBERS may opt out of this policy.
Fee Collection: Each month TM will bill, invoice and collect all tutoring fees from clients and remit to Tutor (BASIC MEMBER & +PLUS MEMBER) the amount Tutor has earned based on the hourly rate Tutor required for each tutorial as described above, with TM retaining all amounts in excess thereof.
PROFESSIONAL MEMBERS may choose to have the client pay them directly at the time of the session or use TM's Payment & Billing Services.
Payment Method and Payment Cycles: All customer payments for tutorials are dependent upon Tutor's membership level. and TM will mail a check for tutoring fees collected by TM on Tutor's behalf to Tutor's address.
- BASIC MEMBERS are paid monthly Direct Deposit is a one-time paid option.
- +PLUS MEMBERS are paid bi-monthly by check. Direct Deposit is a one-time paid option.
- PROFFESSIONAL MEMBERS may choose one of the following:
- be paid weekly through TM's Payment & Billing Services by check or free direct deposit
- be paid directly and immediately at each tutorial
PROFESSIONAL MEMBERS can paid bi-monthly with direct deposit.Time Sheets: Tutors submit their hours through an online time tracking system service. Once a Tutor's first session has been approved by the requesting client, the Tutor will be sent an invitation and instructions for recording his or her hours. A nominal fee is associated with this service and is deducted from a tutor's payment.
PROFESSIONAL MEMBERS receive this service FREE as part of their membership or may opt out if they are being paid directly.
First Tutorial Contribution: To cover TM's processing and initial set-up costs, TM asks each "first-time" tutor (BASIC MEMBER ONLY) to contribute a one-time fee of 50% of Tutor 's hourly fee for ONLY that first tutorial's first hour. This contribution will be deducted from Tutor's first paycheck.
Additional Tutorial Billings: In this regard, tutors are not permitted to bill for additional tutoring fees resulting from the extension of time of a scheduled tutoring session or the purchase of supplies without the prior agreement of a parent or other responsible party.
Fee Changes: After a Tutor begins to work with a student referred to him/her through TM, the Tutor agrees not to raise his or her hourly fee for that student during the first academic school year of tutoring. In subsequent years, Tutor agrees to raise his or her fee for any student no more than $10/hour in any year, unless there are significant changes in the request and the circumstances of the tutorial. TM may change its fee percentage or its fee structure at any time upon prior notice to Tutor.
Referral Rewards: TM awards all membership levels with paid membership credit for referrals. For more details, see Referrals in the Help Desk.
Privacy: TM may use information from the Tutor's profile for advertising purposes in order to generate tutoring business for Tutor. Such advertising will not include the Tutor's name; rather, it will include a direct link to the Tutor's profile. Tutor may not post anyone's name or contact information on his or her profile page or resume or references without their permission.
Taxes: Tutor shall be responsible for managing and filing all necessary taxes and paperwork. As such, TM will not withhold any taxes from the Tutor's pay. The Tutor is personally liable for appropriate withholding and payment of all federal, state, and local taxes, as well as social security, unemployment compensation, disability payments and any other amounts due or assessed on the basis of Tutor 's tutoring income. TM will furnish Tutor with a 1099 statement form following the end of every calendar year.
7. TM's Services & Roles:
Marketing & Advertising Services: TM helps Tutor market and advertise his or her services to parents, schools, guiadnce counselors, educational consultants and corporations through various online tools.
Billing & Payment Services: TM provides Tutor with various billing and payment services that can be customized to fit Tutor's needs.
Support & Training Services: TM provides Tutor with various support and training services that can be customized to fit Tutor's needs.
Negotiation: TM represents Tutor (required of Premium Members) in all fee negotiations and hence all communication concerning fees with clients is conducted by TM. (All Paid Members have the option of negotiating themselves or using Tutoring Match's services.) Also, TM will, on Tutor's behalf, resolve all disputes as to fees, hours tutored or cancellation charges between Tutor and student / parent. Any such resolution will be binding on Tutor. (Optional for Paid Members)
Arbitration: Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof.
TM Rights to Clients: For a period of three years from the initial date Client was referred to a Premium Member Tutor, TM maintains exclusive rights with only those Clients. At no time shall a Premium Member receive payment from the Client for any tutoring services rendered. +Plus and Professional Members are excluded from this rights clause.
8. Confidentiality Statement:
The Tutor acknowledges that during the engagement with TM he or she will have access to and become acquainted with various trade secrets, innovative systems, processes, information, records and specifications owned or licensed by TM and/or used by TM in connection with the operation of its business including, without limitation, TM's business and product processes, methods, customer lists, accounts and procedures. The Tutor shall hold in confidence and keep confidential any and all confidential information that he or she receives from TM's customers, and prospective customers (including students, learners, institutions, companies, and other entities).
The Tutor agrees that he or she will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with TM. All files, records, documents, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of TM, whether prepared by the Tutor or otherwise coming into his or her possession, shall remain the exclusive property of TM.
The Tutor shall not retain any copies of the aforementioned without TM's prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by TM, the Tutor shall immediately deliver to TM all such files, records, documents, specifications, information, and other items in his or her possession or under his or her control.
The Tutor shall not disclose any such information to any third party (including other independent contractors) and agree not to use such information for any purpose except to assist the tutoring session.
The Tutor shall compensate TM for losses it incurs as a result of his / her negligent, reckless, or intentional disclosure of confidential information. Confidential information in this context includes, but is not limited to, any information, idea or concept, in any form (tangible or intangible), whether disclosed to me or learned by me. For the purpose of this Agreement, confidential information specifically includes all information:
concerning students, patrons, learners, employees, and other independent contractors, including but not limited to information concerning their age, sex, sexual orientation, religious affiliation, ethnicity, national origin, ancestry, disability, or other personally identifiable information;
of a competitively sensitive nature, including trade secrets or confidential or proprietary information of any sort, including, without limitation, information relating to products, processes, know-how, designs, formulas, developmental or experimental work, computer programs, databases, or other original works of authorship, customer lists, business plans, financial information or other subject matter pertaining to any business of the Company or any persons or entities with which it does business; and
concerning TM's policies, strategies, finances, pricing, pay rates, use of independent contractors, and the nature of relationships between corporate management and its service providers, customers, and end users - including the specific questions such users ask while using the TM's services.
IN WITNESS WHEREOF: The parties hereto agree that if the Tutor chooses to proceed with this subsequent online application and registration, agreement to all terms will be as effective as if original containing original signatures.
Creating a TM Profile indicates Tutor has read and agreed all terms of this TM Agreement.