PARTIES: LovLan and
LOVLAN (hereafter referred to as the “Company”):
This statement sets out the terms and conditions of the freelance services you (hereafter referred to as the “Tutor”) offer via the LovLan platform (https://www.lovlan.com/, hereafter referred to as the “Platform”).
SERVICES TO BE PROVIDED -The Tutor will provide language tutoring services to the Company’s clients (hereafter referred to as “Students”).
PAYMENT - The Tutor will be paid according to the payment terms specified elsewhere, which will detail the hourly rate for each specific job and any commissions due. Payment will be made weekly (by PayPal) or monthly (where other payment methods are used) following the submission of a payment request via the Platform. Payments will only be issued where the Tutor’s balance is 50 USD or more. No travel, materials, internet connectivity, technical hardware, or other expenses may be claimed.
BEING AN INDEPENDENT FREELANCER & TAXES - Tutor will teach language classes to the Company’s Students as a freelancer, not as an employee, and the Tutor will not be eligible for any employee benefits. The Company will not make any deductions, after commissions taken, for employment or income taxes; these will be yours - the Tutor’s - responsibility and you will agree to indemnify and hold the Company free from any liability for any such taxes which might be imposed by taxing authorities. Tutors will not be able to enter into any kind of contract on behalf of the Company. As a freelancer, the Tutor will be entirely responsible for his/her tutoring methods, materials, schedule, and the manner in which he/she delivers the classes.
REPORTS – The Tutor will provide a report on our platform at the end of each job (where 20 or more hours have been taught to the same Student or group of Students), detailing the current language level(s) of the Student(s).
PUNCTUALITY - Tutors must always be punctual. If a Tutor will be more than 3 minutes late for a class, he/she MUST notify the Student in advance. A Tutor should always have the Student’s contact details – such as telephone number, WhatsApp number, or Skype - with him/her before the class. Where a Tutor starts a lesson late, he/she should attempt to make up the missed time at the end of the lesson or reschedule the lesson time with the Student. In the case of rescheduling, a comment must be made on the LovLan platform. Where these guidelines are not adhered to, LovLan will warn the Tutor that this is not acceptable. If the problem is still not addressed adequately, this may result in the immediate cancellation of any remaining classes with all Students.
INTERNET CONNECTION AND COMPUTER MAINTENANCE - It is the Tutor’s responsibility to maintain his/her computer and headset (or headphones/speakers and microphone) to ensure they are in good working order. If a Tutor has problems with his/her equipment or internet connection and knows that he/she will have to cancel a class or cut short a class that is already in progress, he/she MUST inform the Student via phone call, WhatsApp, or Skype. E-mail is not recommended for communication with the Student in this situation. For wholly canceled classes, the Tutor should attempt to reschedule the lesson time with the student. For classes which are cut short, the tutor should attempt to make up the missed time at the end of the lesson or in a subsequent lesson. In the case of rescheduling, a comment must be made on the platform. Where these guidelines are not adhered to, the Company will warn the Tutor that this is not acceptable. If the problem is still not addressed adequately, this may result in the immediate cancellation of any remaining classes with all Students.
CANCELLATION – Where a class is cancelled by the Student using the Platform within 24 hours of the start time of the class, the Tutor will still be able to claim payment in full for the class. Where a class is cancelled with more than 24 hours’ notice, the Tutor will not be entitled to any payment.
DRINK/DRUGS/SMOKING – If a Tutor delivers a session under the influence of alcohol or drugs, his/her services will be terminated and not retained by the Company again. That particular session will be deducted from the Tutor’s payment.
SICKNESS/HOLIDAY/UNAVAILABILITY – If a Tutor knows he/she will be unavailable for a class that has already been assigned due to illness, holiday, or any other reason, he/she may arrange for a suitable replacement, as long as the replacement has similar qualifications and experience relevant to the job. Where he/she cannot find a replacement, he/she should ask the Company to arrange a replacement. The Tutor is not entitled to holiday pay or sick pay in relation to his/her work for the Company.
PROFESSIONAL INTEGRITY – All Student fees are paid via the Platform. If the Student initiates a discussion with the Tutor about paying fees directly to the Tutor, the Tutor must explain that he/she cannot discuss this with them and refer the Student to the Company. Any attempt by the Tutor to offer any services directly to the Students (without prior payment via the Platform) is strictly prohibited, and will result in the immediate cancellation of any remaining classes with that Student and all other Students. All outstanding payments for that Student and other Students will be forfeited.
PREPARATION & FEEDBACK – Tutors must be prepared for all classes, with appropriate materials and lesson plans where necessary.
COURSEBOOKS – Tutors should use their own materials and share these with Students using screenshare, email, or a suitable and secure alternative. Where a Tutor prefers his/her students to acquire a course book (whether hard copy or in digital format), this is an arrangement made directly between the Tutor and the Student. The Company does not cover the cost of the Tutor’s or the Student’s course books or any other materials.
CONTACT DETAILS – The Tutor must notify the Company immediately if his/her contact details (including mailing address, home or mobile telephone, e-mail, and Skype address) change. When a course is confirmed to the Student, the Company will give out the Tutor’s email address, phone numbers, and Skype address, so that the Student can contact the Tutor in the event that the Tutor does not reach them first.
EXPENSES – Preparation expenses are the Tutor’s responsibility and will not be paid by the Company.
YOUR OTHER JOBS - Since the Tutor provides services to the Company as a freelancer, he/she is free to provide tutoring services to other companies and privately. However, the Tutor must not make any private business (including teaching) arrangements with any of the Company’s Students for a period of 1 year (365 days) after the Tutor finishes providing tutoring services to the Company.
CONFIDENTIALITY – Both during and after your provision of services, you may not discuss any information of a confidential nature relating to the Company or any other associated organizations, or in respect of which the Company owes an obligation of confidence, with any third party except as required by law. Information of a confidential nature includes trade secrets, confidential information concerning the business or finances of the Company or any of its dealings, transactions or affairs, technical data, designs or inventions, or any confidential information concerning the Company’s Students.
NON-COMPETITION AND NON-SOLICITATION – While providing services to the Company and for a period of one (1) year (365 days) after termination of the Tutor’s services (for any reason), the Tutor agrees that he/she will not, directly or indirectly, solicit, recruit, or hire any employee of or other Tutor working with the Company to work for a third party or knowingly engage in any activity that would cause any Company employee or Tutor to violate any agreement with the Company.
DATA PROTECTION - The Tutor hereby allows the Company and its affiliates to collect and process (electronically or otherwise) personal data, including sensitive and financial data, about himself or herself necessary to administer this Agreement. Such data may include, but is not limited to, the Tutor’s name, contact details, work authorization, government or tax identification number, date of birth, beneficiaries' contact information, and compensation information. The Tutor also hereby gives explicit consent to the Company and its affiliates to transfer (electronically or otherwise) any such data outside the country in which the tutor is living or employed (including to the USA), as well as to third-party providers (in the Tutor’s home country or the USA or other countries) of legal, tax, benefits, administration, or other services to the Company, its affiliates, or employees. The legal person for whom such personal data is intended to be used is the Company and/or its affiliates. The Tutor further understands that the Company and/or its affiliates may report information regarding the Tutor and/or this Agreement to tax authorities or other governmental agencies, as may be required to comply with applicable laws.
MISCELLANEOUS – These Terms and Conditions are to be kept confidential by the parties and will not be disclosed by either party without the prior written permission of the other party in each instance, except to the extent necessary in the enforcement of either party’s rights hereunder, or to the extent disclosure may be required by applicable law. These Terms and Conditions contain the entire agreement of the parties, and no modification shall be valid and binding unless in writing and signed by the parties. The parties agree to indemnify each other from and against any and all costs, expenses, damages, and liabilities (including reasonable counsel fees and disbursements) relating to the enforcement of these Terms and Conditions. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to any conflict of law rule which might result in the application of the laws of any other jurisdiction.
IN WITNESS WHEREOF, the undersigned have executed these Terms and Conditions as of the date written below.
Tutor’s Email Address: IP Address: