Tutoring Agreement
These are STEMPIRE's policies, procedures and guidelines for tutoring with online services.
By reading
and signing this document, I hereby agree to abide by
the policies, procedures, and guidelines contained in this document and
the STEMPIRE membership agreement, including all
updates and notifications that are and will be sent by email, included in the STEMPIRE newsletters and/or posted at the STEMPIRE website during the duration of my affiliation with STEMPIRE.
I understand tutoring under STEMPIRE, in either an unpaid or paid
capacity, is a volunteer position and am not an employee of the STEMPIRE.
I agree that I have entered into this independent tutoring
relationship with STEMPIRE voluntarily and that neither I nor STEMPIRE has agreed to maintain this relationship for any specified
period of time. Accordingly, either STEMPIRE,
or I can terminate the relationship at will, with or without cause, for any
reason, at any time, so long as there is no violation of applicable federal or
state law.
Background Checks,
Background Check Renewals and Disclosure of Criminal Activity:
As an applicant pursuing a contract to become an
Independent Contractor with STEMPIRE, I understand that an initial
investigative report will be generated on me that may include but is not
limited to information concerning my SSN verification, education verification,
and/or criminal/civil/driving record history. I understand that General
Information Services, Inc. (“GIS”) and/or other vendors on behalf of STEMPIRE may be requesting background information about me from public and private
sources both during STEMPIRE’s initial consideration of my application, and
throughout the time I am associated with Tutor.com. I understand and agree that
STEMPIRE reserves the right to update and run
repeat background checks at any time during my tenure as a tutor for any reason or no reason. I understand and agree that
this may include searching a National database that tracks criminal activity.
I understand that I will
cover the cost of my initial background check at the time I apply to be a tutor
and that it is my responsibility to notify STEMPIRE immediately if I
am arrested for any criminal charge from this day forward. Such notification
must include a full and complete disclosure including any official supporting
documentation.
I understand that I will
also cover the cost of any future background checks that it chooses to perform,
subject to the following important exception: If STEMPIRE learns about any criminal activity before I disclose, my
contract with STEMPIRE will likely be
terminated. (Important note: arrest or conviction for many minor offenses will
not cause Tutor.com to cancel your contract. Failing to immediately and fully
report any such arrest or conviction, however, is nearly certain to lead to
termination.)
I understand that if I choose to terminate my contract or
voluntarily cease tutoring that it is my responsibility to notify STEMPIRE
of my decision because, otherwise, STEMPIRE may continue to run occasional background checks on me.
I understand that when I formally terminate my contract
with STEMPIRE, I will be removed from the
ongoing criminal searches.
Compensation:
I understand that STEMPIRE does not compensate its tutors for standard services and these tutors may not request
or accept payments from students. Tutors who provide premium paid services will
receive payment through our system, but may not request or accept payments
directly from the students.
Other:
The Company reserves the right, at its sole discretion, to
change or modify any of the terms and conditions applicable to my affiliation
with the STEMPIRE online tutoring services.
Such changes, modifications, additions or deletions shall be effective immediately
upon notice thereof. I understand that these
changes will be binding on me unless I promptly notify STEMPIRE that I do not agree to the changes and am therefore
terminating this Agreement.
Specific Restrictions. I agree (a) to abide by all applicable
local, state, national, and international laws and regulations in my use of the
STEMPIRE web sites and participation in the
online tutoring services; (b) to not interfere with any other tutor or
student’s use and enjoyment of STEMPIRE’s web
sites or programs; (c) to be solely responsible for the contents of my
transmissions through the online services; (d) to not interfere with or disrupt
the STEMPIRE website or servers or networks
connected to the STEMPIRE website; (e) to
comply with all requirements, procedures, policies and regulations posted on
the STEMPIRE website by STEMPIRE from time to time
and or any networks connected to the STEMPIRE websites;
(f) that my entering into this Agreement and delivering services through
STEMPIRE and end users does not and shall not breach
any agreement with any third party; (g) to not transmit through STEMPIRE
online
tutoring services any unlawful, harassing, libelous, privacy invading, abusive,
threatening, harmful, vulgar, or otherwise objectionable material of any kind;
(h) to not transmit any material that violates the rights (including
intellectual property rights) of another; (i) to not transmit any material that
violates any applicable local, state, national, or international law or
regulation including, without limitation, any U.S. export law or regulation;
(j) to not attempt to gain unauthorized access to other computer systems or
networks; (k) to not transmit "junk mail", "spam",
"chain letters", or unsolicited mass distribution of email or
bulletin board postings; (l) to not advertise other programs or services on the
STEMPIRE site; (m) to not promote any other products or
services to students or learners without specific authorization provided in
advance by an authorized member of STEMPIRE management; (n) to not schedule or conduct
other tutoring sessions during any hours I am scheduled for STEMPIRE online services; and
(o) to keep my username and password confidential at all times and ensure that
no other person ever provides or attempts to provide tutoring using my logon
credentials.
Confidential Information. I agree to hold in confidence and
keep confidential any and all confidential information that I receive from
STEMPIRE , STEMPIRE’s
customers (including students, learners,
institutions, companies, and other entities). I agree to not disclose any such
information to any third party (including other independent contractors) and
agree to not use such information for any purpose except to assist the tutoring
session. I agree to compensate the STEMPIRE
for losses it incurs as a result of my 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; all 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 STEMPIRE or any persons or
entities with which it does business.
I affirm that I have provided true, accurate, current, and
complete information on my application form, along with an accurate
representation of my skills, degrees, background and other information, and I
agree to maintain and update such information to keep it true, accurate,
current, and complete for as long as I continue to be affiliated with the STEMPIRE.
This Agreement will become effective as of the date of the STEMPIRE acceptance of Tutor’s application. Terms of payment are
addressed in a separate document. STEMPIRE has the right to suspend service to any Tutor
for any reason without warning. Furthermore, STEMPIRE may terminate this Agreement immediately (with or without
warning) for any breach by Tutor of this Agreement or any applicable policy of STEMPIRE
posted on the Site, or for no reason at all.
I agree to be bound by the terms of this Agreement
effective immediately, regardless of whether the STEMPIRE accepts my application, completes my background check, or
offers me tutoring opportunities, and agree that in the event that either I or STEMPIRE terminate this independent contractor relationship, the
following provisions will survive indefinitely: Specific Restrictions, and
Confidential Information.