TERMS & CONDITIONS TUTIONS

This Memorandum of Understanding / Contract (hereinafter referred to as “MOU”) is entered into on this day of your acceptance of this MOU / Contract from your designated electronic mail address or in any other form of electronic record;

BY AND BETWEEN

M/s. Nisha Tutorials , an LLP registered Partnership, having its registered address at Malad West, Mumbai, legally represented by its authorized Principals (herein referred to as “The Firm”) which expression shall, unless repugnant to the subject or context, mean and include its group companies, affiliate companies, successors-ininterest, assigns, nominees and all those claiming through it of the FIRST PART;

AND

Mr. / Ms. / Mrs. ____________,(as per google form attached) an individual aged ___ years, having PAN No.______, and having its residential address at ____________________ (hereinafter referred to as the “The Tutor”) (as per google form attached) which expression shall, unless repugnant to the subject or context, mean and include his legal heirs, successors, assignees and all those claiming through it of the SECOND PART;

Whereas the tutor shall provide tutoring to the Student in the required subjects as per the course of the students at the decided place by parents and the management company jointly.

SCHEDULE OF LESSONS will be confirmed on the email when the parent has confirmed to avail your service as his/hers ward/wards tutor.

REGISTRATION FEES PAYABLE BY THE TUTOR: Also, One Time Registration Fees of Rs. 1200/- (Rupees: One Thousand Two Hundred Only---) will be charged to the Tutor getting registered with us with our Company / LLP Firm.

FEES PAYABLE TO The Tutor

1. Fees shall be calculated at a rate of INR Rupees (as per individually agreed) per hour of tutoring.
2. Tutor should carry the DAILYLOG SHEET everyday with him/her to the client’s place and get the client signature in every session without fail. This will enable the management to decide the attendance of the tutor and student. All the fees will be calculated as per the data in the Log Sheet. Any discrepancy found the full responsibility will be of the Tutor and management shall not be held responsible for any situations under any circumstances.
3. No further fees shall be given for traveling or preparation time of the Tutor. Also, the tutor is not entitled any fees during holiday, illness, absence for any reason unless approved by the management. Force Majeure included.
4. Fees may be adjusted from time to time and shall become effective after having given the required lessons to the students as per the schedule of lessons mentioned above. Please do not discuss rates and/or payment with the parent / students.
5. Incase this is done there would be a breach of contract and First Part has the right to terminate second part without any prior notice due to negligence done by the second part and entire fees will be kept on hold till the clearance of the matter. Entire salary / fees module will be kept confidential from all the students/Parents.
6. Once the TUTOR starts assignment with the company he/she should continue at least for 12 months / 1 year else the fees of Rs. 20,000/- (Rupees: Twenty Thousand Only---) would be charged on penalty basis and will be deducted from the fees payable to the tutor by the management. In case, any balance penalty amount is receivable by management the tutor will have to compensate on immediate basis via bank transfer or Gpay.
7. If the tutor by any means or chance takes any legal course of action he/she will be liable to face defamation as before joining as tutor of Nisha tutorials he/she has accepted the terms and conditions of liability pertaining to penalty.

PAYMENTS:

1. Payment of preceding month shall be made between 10th to 15th of every successive month. TDS at Applicable rate will be deducted from the total fees paid. Under any circumstances the payment of fees is delayed the same will be compensated interest free by the end of the month or by first week of next month.
2. Any paid lessons not taken will be carried over and in case if the tutor is unable to take the lessons then the fees pertaining to that class shall be deducted.
3. Tutors cannot directly discuss or negotiate the payments with the parents and students during the demo class and/or even after the tutor is finalized by the parent. In case if the tutor is found to do so he/she will attract the penalty of Rs. 25,000 /- (Rupees: Twenty Five Thousand Only---) and will face defamation if he/she takes a course of law.
4. Accepted methods of payment: (as per google form attached) Internet / BANK Transfer / Cheque to The Tutor or to be given on the herein mentioned email id: operation@nishatutorials.com Account Number: _____, Bank: _________, IFSC: __________ Bank Account Holder: _________ OR GPAY Number: ___________________
   
   
5. CANCELLATION OF LESSONS BY STUDENT:
   
   The Student may cancel tuition by giving at least 24 hours prior notice to the Tutor in which case no tuition fees will be incurred. Lessons not attended by the student without giving 24 hours prior notice to the Tutor shall be charged at the full rate. If the student feels uncomfortable with the tutor due to any reason he/she shall inform his/her parents immediately and get the issue sorted out with the management. In this case the fees per lecture shall be charged or carried forward as the case may be.
   
   
6. CANCELLATION OF LESSONS BY TUTOR
   
   The Tutor may cancel lessons by giving 24 hours prior notice to the Student in which case no fees shall be incurred. Where a lesson was pre-paid, the Tutor shall reschedule the appointment at a time agreeable to both parties, failing which the Student shall able to reschedule the class by mutual consent of the parent and tutor. If by any means tutor is not able to reach on time he/she should compensate with the time lost and cover up the lost time and not cancel the scheduled lecture. If the tutor feels uncomfortable at students place by any means or being ill treated by parents or student then tutor will immediately inform the management and the issue sorted out and that class or lecture will be compensated accordingly.
   
   
7. LATE ARRIVAL
   
   Fees are calculated according to the times stipulated in the schedule and no adjustment shall be made for time lost because of late arrival by the Student. Any lost time because of the late arrival of the Tutor shall be compensated for by extending a lesson time by mutual agreement and by such amount of time that was lost.
   
   
8. OBLIGATIONS OF THE TUTOR
   
   
   1. The Tutor undertakes to do all preparation prior to lessons and to structure lessons in such a way as to optimize time to the benefit of the Student.
   2. During the exams if need arises to extend the time of the tuitions the tutor shall do so at no extra cost.
   3. The Tutor shall keep confidential all information of the Student and shall not contact other parties involved in the education of the Student even if written permission is given by the Student to do so. The tutor shall contact management immediately under such circumstances for the solutions. Else it will be treated as the breach of contract and tutor shall have to face defamation on legal course.
   4. The Tutor shall not assign any of his/her duties or obligations under this tutoring contract to a third party without the written permission from the management authority. This can be done only under emergency conditions and situations where things are not under anyone’s control.
   5. The Tutor shall at no time be required or obliged to execute homework or assignments on behalf of the Student. Infact it is tutor’s responsibility to give extra assignments during exams and ample of practice in whatever subject they have been assigned so that students get maximum benefit of the subject and can fair extremely well in exams.
   6. It is the duty of the tutor to monitor the student/s progress every week and mark all points in Daily Log Sheet, which will help in tracking the progress and help tutor and parent and management to take adequate steps in improvement where there is lack of skill.
      
      In case of any discrepancy or any problem the tutor cannot solve or is unable to see the improvement in the student then tutor have to contact management and get it resolved amicably.
   7. In case any discrepancy found in the tutor not performing his/her duty completely and truthfully and is contacting the parents of the students directly through other numbers or friends or people then the tutor will have to face legal action of defamation and the first part will have full right not only to terminate the contract with the second part with immediate effect but also charge a heavy penalty of Rs. 25,000/- per student (Rupees : Twenty Five Thousand Only ----).
   8. The tutor undertakes to assist the student in identifying problem areas in which the Student needs specific tutoring and help the student accordingly.
   9. The Student agrees that assignments, exercises or homework form an integral part of tutoring and undertakes to complete such work timeously.
   10. It is the primary duty of the tutor to reach the student’s place on time and perform all duties as a tutor and in case of absenteeism tutor has to reschedule the lecture by informing to both parent and management accordingly. This will be allowed twice maximum and being irregular and absenteeism will attract immediate termination of contract and inviting penalty of Rs. 25,000/- (Rupees: Twenty Five Thousand Only---) per student .
       
       
9. NO WARRANTIES
   
   The Tutor makes no promises or warranties with regards to a Student’s performance as a result of any tutoring provided.
   
   
10. STATUS OF THE TUTOR
    
    It is expressly understood that the Student retains the services of the Tutor as an independent contractor and not as an employee. The Tutor shall be responsible for his/her insurance and for all statutory declarations and contributions with regard to income tax.
    
    
11. TERMINATION
    
    This tutoring contract may be terminated by either party at any time by giving the other part 15 days prior written notice.
    
    In case any discrepancy found by the tutor not abiding the above rules then the first part will have full right to terminate the contract with the second part.
    
    
12. RELAXATION OF TERMS
    
    No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.
    
    The company is not responsible for any unforeseen, intentional or unintentional accidental damage caused by the tutor(s) to any living or nonliving entity in the house of the parent / student.
    
    In the event of litigation, the company total liability shall not exceed the amount of money student paid to the company for services rendered.
    
    
13. CONFIDENTIALITY:
    
    The tutor is of the understanding that he or she must not at any time during this agreement, or for a period of three years after this agreement terminates, disclose to any person any confidential information that concerns the affairs, customers, clients, business or suppliers of the company . The only exception being that you may disclose any of the company’s confidential information if required to by law or any government or regulatory authority. None of the companies confidential information can be used for anything that does not directly help you to perform your obligation to this agreement.
    
    As a tutor / individual you will not post and/or not encourage any student / parent or any other individual to post any content which is adverse for the management or company on any mode of social media and make it viral. This will attract the worst of case scenarios and legal course of action of defamation the management and company.
    
    
14. WHOLE AGREEMENT
    
    This agreement constitutes the entire understanding between the parties with regard to the subject matter thereof and the parties waive the right to rely on any alleged expressed or implied provision not contained herein. Any alteration to this agreement must be in writing and signed by both parties.
    
    
15. MINORS
    
    Where the Student is a legal minor, the Parent/Guardian shall enter into this tutoring contract on behalf of the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student.
    
    The tutor will ensure that a parent / guardian will be accompanied with student while the tutor is taking the classes.
    
    

The parties hereto agree and abide by the contract. ____ I hereby agree with all the terms of the contract. Failing which I will face the trail and penalty in the court of law. (Jurisdiction Mumbai) _____ I hereby give my consent to act as a tutor of NTHT and indemnify them and work for its highest benefits.