The KIS App Terms of Service

This document constitutes a binding Agreement made as of the date of submission of the

KIS App signup form by and between KIS Academics and the Private Tutor who is signing up for the KIS Academics KIS App (Hereinafter ‘The Contractor’).

Whereas KIS Academics desires the private tutoring services of The Contractor and The Contractor desires and agrees to perform such services for KIS Academics.

Whereas, KIS Academics wishes to employ the Tutor as an independent contractor to

provide said services to and for the benefit of KIS Academics’ customers or clients as

needed;

Whereas, 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,

• Now, therefore, in consideration of the mutual promises and undertakings set forth herein, the parties agree as follows:

Definitions

• The Contractor:  A person whose is sub-contracted to provide tutoring services to The Customer(s) of KIS Academics, on behalf of KIS Academics, subject to this Agreement.
• The Customer(s): Any person who has requested tutoring services from KIS Academics.
• The Services:  All tutoring services that The Contractor performs for The Customers of KIS Academics.
• Tutor Information: Provided by KIS Academics to The Contractor- Includes all regulations.
• KIS App: The online platform whereby The Contractor may access records of their services, submit invoices and charge The Customer(s) of KIS Academics, on behalf of KIS Academics. 
• Stripe: The third party online payments processor utilised by the KIS App to facilitate online transactions, send invoices and send receipts

Payments

• The Contractor will only charge The Customer via the KIS App after a lesson has been completed in full. Charging students before a lesson has been held is strictly prohibited
• The Contractor will record the date and time of the lesson to the best of their knowledge and as accurately as is reasonable when submitting either an invoice, or an automatic payment request
• The Contractor must only charge The Customer the exact amount owed for The Services provided. This must be done by correctly and precisely recording the number of whole hours of tutoring completed previously by The Contractor for The Customer. These Services must have been provided in compliance with all other contractual agreements made between KIS Academics and The Contractor.
• Customers are required to pay any invoices within 72 hours of the Session being held. The Session fee should be paid by the customer in accordance with the selected ‘private tutoring tier’ rates and the selected payment methods as set out on the KIS Academics website. 
• In the unlikely event that a customer does not pay for a lesson and it is not reasonably feasible for KIS Academics or the Tutor to request payment, KIS Academics will reimburse the Tutor for a maximum of two (2) lessons at the agreed tutor commission rate based on their ‘Private Tutoring Tier.’ It is otherwise the Tutor’s responsibility to cease Sessions with a student if payments are not up to date and the student does not intend to make the payment. 
• Inappropriate use of the KIS App platform and the intentional submission of fraudulent charges is considered a direct breach of this agreement and will result in Penalties specified by KIS Academics in Section 7 (Penalties) of this contract, at the full discretion of KIS Academics. 
• The Contractor shall not be liable to KIS Academics for any damages resulting from any act of negligence on the part of KIS Academics or its direct employees or resulting from any representations previously approved by or materials or information supplied by KIS Academics. 

Taxes and Registration

• The Contractor shall have sole responsibility for payment of all federal, provincial and local taxes or contributions imposed or required under unemployment insurance, social assistance and income tax laws and for filing all required tax forms or other registrations arising out of The Contractor’s performance of the Services and with respect to any amounts paid by KIS Academics.

Customers

• The Contractor acknowledges that all Customers are customers only of KIS Academics and that he/she shall not, for a period of three (3) years after the termination of this agreement, directly or indirectly, in any manner whatsoever contact any Customers, for the purpose of selling to such Customers any services which are in any way competitive with, Services sold at that time by KIS Academics, its Affiliates, marketing partners or agents. 
• Any new customers contacting the Contractor for similar services via referral of customers of KIS Academics must be directed to KIS Academics. If the Contractor is found to be in breach of this term, he/she will be immediately liable to make payment to KIS Academics for all revenues collected by The Contractor from these Customers.

Privacy

• The Contractor shall not disclose any personal information pertaining to any of The Customers provided by KIS Academics with any individuals either within KIS Academics, or not associated with the company. This includes but is not limited to: names, email addresses, mobile phone numbers, school attendance, tutoring requests, or any other information provided by The Customer to The Tutor and KIS Academics in confidence.
• The Contractor shall not under any circumstances share their individual KIS App or Stripe login or account details with any individual either within KIS Academics, or not associated with the company. 

Confidential Information

• All information provided by KIS Academics to The Contractor or resulting from the performance of this Agreement is deemed to be confidential. The Contractor shall hold such Information in confidence, use only for the purpose of providing the Services, and shall not disclose such Information to any third party. All Information shall remain the property of KIS Academics. This section shall survive and continue after any termination of this Agreement.

Penalties

• KIS Academics holds the right to penalise The Contractor for any breach of this contract at their Sole Discretion. Failure to comply with the specified terms may result in:
• Withholding outstanding payments owed to The Contractor held in Escrow by Stripe
• Immediate Termination of employment with KIS Academics
• Immediate Termination of all other tutoring jobs considered The Services provided by The Contractor to any Customers of KIS Academics
• Notification of breach of contract to any current Customers being serviced by The Contractor
• KIS Academics will not be held liable by The Customer in the case of any breach of this agreement. The Contractor agrees to hold complete liability for any damages resulting from any act of negligence or malice in regards to use of the TutorPay or Stripe platforms. 

Site Terms of Use Modifications

KIS Academics may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

Governing Law

Any claim relating to KIS Academics’ website shall be governed by the laws of the Company Owner’s home jurisdiction (Victoria, Australia) without regard to its conflict of law provisions.

Severability

If any part of these Terms of Use is held to be invalid or unenforceable that part shall be severed and the remaining Terms of Use will continue to be valid and enforceable.

As a tutor, you are, legally, a customer of KIS Academics. You are not an employee. Therefore, you do not have a contract with us. The only legally binding documents you 'sign' as a tutor are for :

• KIS App Terms of Service
• KIS Academics Terms of Service