Last updated February 21, 2021

Service Agreement - Tutors
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Tutor“) and Zamal Academics ("Company", “we”,“us”, or “our”),
Hereinafter called the “Agreement”
WHEREAS:
  1. The company engaged in the business of providing Tutoring and Tuition Services (“Services”).
  2. A client is any Student/Parents or any person introduced to a Tutor by the Company.
  3. Tutor has agreed to provide services to clients introduced to him by the Company.
1.    Engagement
  1. Company hereby engages the Tutor to provide the services.
  2. Services to be provided by the Tutor shall be such as to enable the Company to have the benefit of the Tutor’s knowledge and experience in the agreed subject area and shall comprise of the tutor’s time, attention, and ability as may be necessary for the due performance of the Services.
  3. Tutor shall keep the Company informed of the progress of his/her performance of the services at for each Tuition assignment on monthly basis.
  4. Tutor shall at all times during the period of the contract:
    1. Carry out with due skill and diligently perform the Services.
    2. Effect all duties reasonably allocated to the Tutor by the Company pursuant to Clause 1(a) hereof.
    3. Use his/her best endeavours to promote the interests of the Company
    4. Alert the Company to any additional tutoring or tuition needs which are or may be pertinent to the business.
    5. During the dealings with existing or prospective client(s) conduct his/herself in a professional manner as a representative of the Company, and;
    6. Keep the Company informed as to his/her availability to provide the Services to the Company.
  5. In the event of a dispute arising between the Company and a Client of the Company, with whom the Tutor has or has had personal dealings in his/her capacity as Tutor, in connection with the actions of the Tutor, the Tutor agrees to co-operate fully with the Company and accept the advice and directions of the Company and the Company’s solicitors, Counsel or advisors. If such a dispute results in legal action being taken against the Company, the Tutor agrees to enter the proceedings as a third party to the action where it is required by the Company.
  6. The Company shall provide such advice and guidance to the Tutor as the Company, (after consultation with the Client) deems necessary to enable the Tutor to perform the services.
  7. Nothing in this contract shall create the relationship of employer of the Tutor or any of its officers or employees on the part of the Company, or employee or officer of the Company on the part of the Tutor.
  8. Nothing in this contract shall place a duty on the Company to provide the Tutor with work or with work of a specific type.
  9. Tutor agrees to indemnify and hold harmless the Company in relation to any unpaid fees of the Client or out-of-pocket expenses paid by the Tutor in terms of this agreement.
2.    Term

Subject to earlier termination as hereinafter provided the Tutor shall commence the provision of services from _________________ (“the commencement date”) and this Contract shall terminate on 2 weeks’ notice by either party.

3.    Tuition Fee Negotiations

In consideration of the provision of the services, Client and the Tutor shall mutually negotiate the Tuition Fee for a:

  1. Month basis, or;
  2. Short-Course/Syllabus basis, where the services may be extended by the Tutor for less than or more than 30 days as may be required by the client on case to case basis.

The Company shall not act more than intermediary for such negotiation or consultation.

4.    COMMISSION CHARGES

Commission charges of the Company for extended services shall be paid by the Tutor. Company shall charge:

  1. 50% (Fifty percent) of First Tuition Fee as per section 3(a) hereabove; and/or
  2. 40% (Forty percent) of Gross Course Fee (payable in Installment or Lumpsum) as per section 3(b) hereabove.
5.    PAYMENTS
  1. Company shall collect First Tuition Fee as proceeds under section 3(a) or 3(b) hereabove. OR;
  2. Company at its discretion may formally authorize the Tutor to collect First Tuition Fee from Client on behalf of the Company.
  3. The Company shall pay the First Tuition Fee to the Tutor on 21st Day of each Tuition/Assignment after deducting Commission charges.
  4. Fee for the following months shall be collected and kept by the Tutor himself at mutually agreed dates between Client and Tutor
6.    FREE TRIAL

Tutor agrees to provide Three days Free Trial on the explicit request of Client.

7.    REGISTRATION FEE
  1. There shall be Registration Fee of:
    1. Rs. 2,500 (Two Thousand and Five Hundred Rupees only) for the citizens of Pakistan, or
    2. US$ 20 (Twenty Dollars) for the citizens of anyother country.
  2. Registration Fee shall be utilized for background or criminal check of individual that being arranged from credible third party sources.
  3. In special circumstance, Registration Fee Waiver may be granted; like Tutor provides two references for background check and himself arrange the Police Record Check from relevant authorities.
8.    DECLARTION OF CLIENTS

Any additional clients acquired by the Tutor in the day-to-day execution of their obligations under this contract will become Clients of the Company and must be declared to the company immediately.

9.    CONFIDENTIALITY AND RESTRICTIONS
  1. He / She will keep with complete secrecy all confidential information and shall not use or attempt to use any such information in any manner which may injure or cause loss, either directly or indirectly, to the Company or company’s clients or may be likely to do so;
  2. He / She will use her best endeavours to prevent the publication or disclosure of any confidential information, and;
  3. He / She shall do nothing to harm the goodwill of the Company.
  4. The restrictions in this clause shall extend to any and all information of a confidential or proprietary nature belonging to any third party which is in the custody or control of the Company or its customers and which has been disclosed by such third party to the Company or such customers (as the case may be) under obligation of confidence.
  5. The restrictions in clauses 6(a) and 6(b) above shall continue without time limit but shall cease to apply to information which comes into the public domain otherwise than through breach of the provisions of this Contract by the Tutor.
10.  TERMINATION

The Company, without prejudice to any remedy which it may have against the Tutor for the breach or non-performance of any of the provisions of this Contract, may terminate forthwith this Contract:

  1. If the behaviour of the Tutor can be reasonably be regarded as materially prejudicial to the interests of the Company or which brings the Tutor or the company into disrepute;
  2. If the Tutor becomes insolvent;
  3. If the Tutor is in material breach of this contract;
  4. If a Client is materially dissatisfied with the services provided and investigation made by the Company prove this to be true; or
  5. If commission, hours, or clients are not fully declared or falsified in any way

In the event that the Company terminates this Contract in terms 10(a) hereof the Tutor or its representatives or executors whomsoever will not be entitled to receive any sums from the Company.

  1. Both parties may terminate this Contract by giving the other party 2 weeks’ notice, and the Tutor should forward any outstanding sums to the Company.
  2. In the event of termination any clients of the company still in need of services should no longer be provided by the Tutor.
11.  OBLIGATIONS ON TERMINATION OF THIS CONTRACT

Upon termination of the engagement of the Tutor hereunder for whatever reason the Tutor shall:

  1. Deliver up to the Company all correspondence, documents, other papers and all other property of the Company which may be in the Tutors possession or under her control and the Tutor will not without the written consent of the Company keep any copies thereof;
  2. If so requested send the Company Secretary a signed statement confirming that it has complied with Clause 11(a) hereof.
12.  EFFECT OF TERMNATION ON THIS CONTRACT

The expiration or determination of this Contract howsoever arising shall not operate to effect such of the provisions hereof as are expressed to operate or have effect thereafter and shall be without prejudice to any other accrued rights or remedies available to the parties.

13.  ASSIGNATION

No party to this Contract shall assign, transfer, subcontract or in any other manner make over to any third party the benefit or burden of this Contract.

14.  ENTIRE CONTRACT AND VARIATION

This contact contains the entire and only agreement between the parties, and both parties acknowledge that, on entering into this contract, they have not relied on any written or oral representation or undertaking other than as expressly stated in this contract, and that this contract supersedes any previous contract or arrangement between the parties.

No variation of this Contract shall be effective unless it is in writing and is signed by or on behalf of both parties.

15.  NOTICES

Any notice to be given under this Contract shall be in writing and shall be signed by or on behalf of the party giving it and may be served personally or by sending it by prepaid recorded delivery post to the address of the relevant party as set out in the head of this Contract. Please note that the terms and conditions are subject to change or modification. Our tutors will be notified in writing of any such changes or modifications applied to these terms and conditions