Contract for Service with Apollo Services Private Limited
The following arrangements are understood and agreed by the Tutor:
Once a tutoring position has been confirmed, the Tutor enters into a contract between him/her and Apollo Learning Limited. Apollo Learning Limited acts as agent on behalf of the Tutor and the Client. Apollo Learning Limited is only responsible for finding Clients and an appropriate Tutor for the specific subject, and is not responsible for the content of lessons and the teaching methods.
2. Private Arrangements
In consideration of Apollo Learning Limited providing the Tutor with students, the Tutor is not permitted to make private arrangements for tuition with Clients introduced by Apollo Learning Limited or with new clients introduced by Apollo Learning Limited's Client. Should the Tutor breach this obligation, the Tutor will be liable to account to Apollo Learning Limited for all sums received by him/her from the Client/new client without deduction and Apollo Learning Limited shall be entitled to obtain an injunction against the Tutor to prevent further breaches. This obligation shall continue notwithstanding termination of this Agreement. Any work referred to a Tutor by a Client of Apollo Learning Limited must be billed through Apollo Learning Limited on the Tutor's behalf.
Apollo Learning Limited will agree the fee structure with the Client and this must not be changed without written authority of Apollo Learning Limited. As part of the service, Apollo Learning Limited will collect the fees due from the Client and pass them on to the Tutor, net of a commission.
Tutors must keep their own time sheet up to date. Apollo Learning Limited recommends that Tutors keep a signed record of all lessons taught (or cancelled with less than 24 hours notice) and expenses agreed with Client (signed by client after each lesson). Apollo Learning Limited do not need to see this in normal circumstances but in any disputes over hours invoiced, Apollo Learning Limited will be unlikely to pay Tutors beyond what the Client agrees if this record has not been signed.
Tutor will not be paid directly by the Client. Apollo Learning Limited sends an invoice to the Client, on behalf of and as an agent for the Tutor. Tutor will receive his/her salary after he/she has duly and fully completed his/her monthly pedagogical feedback(s) for all his/her students. If we receive Tutor's pedagogical feedback after the 1st of the following calendar month, the payment of Tutor's salary will be postponed to the subsequent month.
Remuneration will normally be transferred by bank transfer. If the Tutor doesn't want to be paid by bank transfer, Apollo Learning Limited can arrange PayPal transfer: in this case, the Tutor will have to bear the fees charged by PayPal.
Tutors must not accept any payment direct from the Client without the written permission of a Director of Apollo Learning Limited. Should a Tutor do so, all sums received by the Tutor will be immediately payable to Apollo Learning Limited and shall be actionable through the Courts without further notice to the Tutor.
The Tutor undertakes to Apollo Learning Limited that he/she will duly pay the tax which is due from him/her whether in Hong Kong or elsewhere in relation to the payments to be made to him/her by Apollo Learning Limited under this Agreement and further agree to indemnify Apollo Learning Limited in respect of all and any income tax contributions which may be found due from Apollo Learning Limited on any payments made to him/her under this agreement together with any interest, penalties or gross-up thereon.
All expenses (books, etc) must be agreed with the Client before the Tutor add them to his/her account. If the Tutor buy books, he/she keep receipts so he/she can return them to shop if the Client does not want to buy them. Any expenses incurred by the Tutor without the agreement of the Client will not be reimbursed to him/her.
5. Cancellation policy
The Client and the Tutor have to give a 1 week notice to Apollo Learning Limited before any Annual Holiday leave. Both the Client and the Tutor must notify each other in advance of any holiday commitments they may have, and any changes to the tuition timetable necessary. Apollo Learning Limited will try to arrange an alternative date. The Tutor must give a 48 hours notice in case of cancellation. If the Tutor fails to do so, an administrative fee of HKD100 will be charged. If a weekday is a Public holiday, the Client and the Tutor will have to agree on whether they want to have class on this day.
6. Termination of contract
Shall the Tutor intend to terminate the contract, the Tutor must give a 1 month written notice to Apollo Learning Limited. If the Tutor intends to terminate the contract without 1 month notice, or within 3 months of approving this contract, an administrative fee of HKD800 will be charged.
Apollo Learning Limited can terminate the contract by giving written notice to the Tutor.
Apollo Learning Limited do not accept any liability for any claims by the Tutor or the Client arising out of or related to the carrying out of the tutoring by the Tutor and the Tutor agrees to indemnify Apollo Learning Limited without limit in respect of any such claims. The Tutor, certify that he/she has never been sued or convicted of a crime in the past.
The Tutor undertakes that he/she shall not at any time during this agreement, and for a period of three years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of Apollo Learning Limited, except that the Tutor may disclose Apollo Learning Limited's confidential information as may be required by law, court order or any governmental or regulatory authority.
The Tutor shall not use Apollo Learning Limited's confidential information for any purpose other than to perform his/her obligations under this agreement.
Apollo Learning Limited reserves the right to alter these terms and conditions. This contract shall be governed by and construed in accordance with Hong Kong law and all disputes arising out of or in connection with this contract shall be referred to Hong Kong Court. Unless otherwise agreed in writing by a Director of Apollo Learning Limited, these Terms and Conditions shall prevail over any other terms of business or conditions put forward by the Tutor.
Acceptance of our services will be taken to represent agreement to these Terms and Conditions.