Terms and Conditions

 

Agreement between User and http://www.IdiomaTutors.com

Welcome to http://www.IdiomaTutors.com. The http://www.IdiomaTutors.com website (the "Site") is comprised of various web pages operated by Saunders Group LLC ("IdiomaTutors"). http://www.IdiomaTutors.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of http://www.IdiomaTutors.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

http://www.IdiomaTutors.com is an E-Commerce Site.

 

IdiomaTutors is a teaching platform for teachers and students to connect for learning a foreign language. Teachers set their own rates and schedules and students pay for classes within the site, pick a teacher.

 

Electronic Communications

Visiting http://www.IdiomaTutors.com or sending emails to IdiomaTutors constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that IdiomaTutors is not responsible for third party access to your account that results from theft or misappropriation of your account. IdiomaTutors and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Thirteen

IdiomaTutors does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.IdiomaTutors.com only with permission of a parent or guardian.

 

Cancellation/Refund Policy

You may cancel your class purchases at any time. Cancelations/Reschedules made by a student less than 24 hours before a scheduled lesson shall not be refunded.

Cancelations/Reschedules made by a student more than 24 hours before a scheduled lesson will be refunded at 50%.

All credits purchased will stay in your IdiomaTutors account as long as it stays active for 6 months. After 6 months your credits will expire with no refund. Classes may be used with any teacher of your choice. You may also cancel your tutor lessons IAW guidance above and re-use your purchase within the site with another tutor.

An active account is defined as one where the student logs into the platform and takes a minimal of 1 class per month. In the event, that a student fails to log in or take a minimal of one class per month for three months their account will become inactive.

For questions please contact info@IdiomaTutors.com

 

Links to Third Party Sites/Third Party Services

http://www.IdiomaTutors.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of IdiomaTutors and IdiomaTutors is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. IdiomaTutors is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by IdiomaTutors of the site or any association with its operators.

 

Certain services made available via http://www.IdiomaTutors.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.IdiomaTutors.com domain, you hereby acknowledge and consent that IdiomaTutors may share such information and data with any third party with whom IdiomaTutors has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.IdiomaTutors.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use http://www.IdiomaTutors.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to IdiomaTutors that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of IdiomaTutors or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. IdiomaTutors content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of IdiomaTutors and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of IdiomaTutors or our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

IdiomaTutors has no obligation to monitor the Communication Services. However, IdiomaTutors reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. IdiomaTutors reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

IdiomaTutors reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IdiomaTutors's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. IdiomaTutors does not control or endorse the content, messages or information found in any Communication Service and, therefore, IdiomaTutors specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized IdiomaTutors spokespersons, and their views do not necessarily reflect those of IdiomaTutors.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials Provided to http://www.IdiomaTutors.com or Posted on Any IdiomaTutors Web Page

IdiomaTutors does not claim ownership of the materials you provide to http://www.IdiomaTutors.com (including feedback and suggestions) or post, upload, input or submit to any IdiomaTutors Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting IdiomaTutors, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. IdiomaTutors is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in IdiomaTutors's sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Third Party Accounts

You will be able to connect your IdiomaTutors account to third party accounts. By connecting your IdiomaTutors account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

International Users

The Service is controlled, operated and administered by IdiomaTutors from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the IdiomaTutors Content accessed through http://www.IdiomaTutors.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless IdiomaTutors, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. IdiomaTutors reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with IdiomaTutors in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and IdiomaTutors agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IDIOMATUTORSLLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

IDIOMATUTORSLLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. IDIOMATUTORSLLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IDIOMATUTORSLLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IDIOMATUTORSLLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

IdiomaTutors reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and IdiomaTutors as a result of this agreement or use of the Site. IdiomaTutors's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of IdiomaTutors's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by IdiomaTutors with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and IdiomaTutors with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and IdiomaTutors with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

IdiomaTutors reserves the right, in its sole discretion, to change the Terms under which http://www.IdiomaTutors.com is offered. The most current version of the Terms will supersede all previous versions. IdiomaTutors encourages you to periodically review the Terms to stay informed of our updates.  

all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Online Language Tutor Agreement 

Version: July 2020

Introduction

This page lays out the terms and conditions ("Agreement”) under which Saunders Group LLC ("Idioma Tutors”, "we”,’"our”, "ours”) provides to each Tutor ("you” or "your(s)”) this website, dashboard, classes scheduling tool for Students and an online profile ("Platform”) on: 

https://www.idiomatutors.com/.

The company that is offering the Platform is Saunders Group LLC  with its registered address 1321 Upland Drive, Suite 7571, Houston, TX, under business filing number: 3008756. 

Please read these Terms carefully before you start offering your tutoring services on our Platform. You acknowledge and agree that you are bound by these Terms. The use of our Platform is also subject to our Privacy and Cookie Policy. In case of conflicting terms regarding data and personal information, the Privacy and Cookie Policy shall always prevail over this Agreement.

The only legal relationship between Idioma Tutors and you is that we offer you the use of our Platform. This Agreement makes clear that with the full use of our Platform, you enter into an independent contract alone with Saunders Group LLC. 

You shall be aware of the latest version of this Agreement, and you are fully responsible for checking this webpage from time to time for any applicable changes. 

Saunders Group LLC and Tutor are also individually referred to as "Party” or jointly "Parties.”

Article 1. Tutor representations and warranties

1.1. Representations. You represent and warrant that you are capable of providing quality online face to face language tutoring classes via our Platform and that you are fully qualified to offer such classes based on your experience, education, diplomas, certifications and work experience.

1.2. Workplace. You acknowledge and agree to work from your home or any other suitable location, using your own devices (personal computer or laptop), preferably with a UTP cable internet connection and a minimum of 2 Mbps internet connection. The classes will require an external webcam and microphone.

1.3. Ownership. The content or recorded version of each lesson remains the exclusive property of Idioma Tutor, and you must not record any sessions and use it for any purpose other than on our Platform.

1.4. Contractor. You understand and agree that you are bound to an agreement for providing professional services to us, and nothing in this Agreement shall constitute an employee-employer relationship with us. As a result, you are solely responsible for paying all applicable taxes, social security, and insurance contributions and VAT according to the applicable law.

1.5. Messages. You agree and acknowledge to answer messages and requests from both Students and us always within forty-eight (48) hours after you have received such a message.

1.6. No off-platform. You must not contact nor offer any services to Students outside of our Platform. Such conduct may lead to the immediate termination of this Agreement, and the violation of this provision shall be sanctioned by the payment of a penalty worth three thousand five hundred United States dollars (USD 3,500.00).

Article 2. Term and extension

2.1. Probational Period. The initial term of this Agreement shall be for ninety (90) days after you have accepted this Agreement.

2.2. Term. After the probational period has expired, the Agreement will automatically renew for another period of twelve (12) months.

2.3. Extension. We will notify you thirty (30) days prior to the expiration of the term in writing whether this Agreement will extend for another twelve (12) months or shorter period.

2.4. Different Terms. Parties may deviate in writing from the term mentioned in this Section. 

Article 3. Compensation. 

3.1. Compensation. You will set your hourly fee on our Platform based on your language fluency, years of teaching experience, grammar level, and certification(s). 

3.2. Minimum Rate. Unless announced otherwise, the minimum hourly rate shall always be USD 15 per hour. 

3.3. Trial Lesson. We may request you to perform a trial lesson for which no compensation is available, which also can be used to assess Student’s proficiency.

Article 4. Teaching Materials

4.2. You are solely responsible for providing proper teaching materials, and any method, material that supports your classes.

4.1. You acknowledge and agree that the teaching materials you provide are of sufficient quality, and meet the Student’s requirements. 

Article 5.  Online classes and availability

5.1. Availability. You undertake to be available at our Platform at a weekly total of ten (10) hours, meaning a minimum of 6 (six) hours from Monday to Friday, and 4 (four) hours on Saturday and Sunday. 

5.2. Online Class. After one or more classes have been assigned to you on our Platform based on your availability, you undertake to have properly prepared a class for that specific timeslot based on the needs and requirements of the Student. 

5.3. Best Efforts. You must perform the class to the best of your abilities and efforts. 

5.4. Cancellation for Cause. You may cancel a class three days before it commences in case of a medical or other urgent reason. We may request written proof that supports the reason for such cancellation. 

5.5. Termination without Cause. In the event you cancel a class for any other reason than mentioned in the previous subsection, you must reschedule the class. When it is canceled more than 24 hours before the class commences, the Student will receive a 50% discount on the next class. In the event you cancel the class less than 24 hours before it commences, the next class will be free of charge for the Student. We may issue a penalty when you cancel a class without cause within 24 hours before it starts.

Article 6. Evaluation and reviews

6.1. Class Review. We may, in our sole discretion, evaluate, monitor, and review your classes. Moreover, you acknowledge and agree that we may record and actively monitor classes.

6.2. Subpar Ratings. In the event your ratings or reviews are average or poor during a longer period of time, we may issue a warning or terminate this Agreement with immediate effect.

6.3. Standards. We may, in our sole discretion, set teaching standards and change them, and you undertake to meet them when you are instructed to do so. 

Article 7. Remuneration

7.1. Payouts. The payout of your remuneration will take place according to the following schedule:

  • All classes taught between the 1st and 15th in any given month will be paid out on or before the 25th in the same month; 

  • Any classes taught from the 16th until the end of the month will be paid out on or before the 10th in the next month.

7.2. Payment Provider. In order to receive your remuneration, you must have a Paypal or Payoneer account. In the future, we may add other payment service providers on our Platform.

Article 8. Termination

8.1. Immediate Effect. We may terminate this Agreement with immediate effect by issuing a written notice to the Tutor.

8.2. Termination by Tutor. The Tutor may terminate this Agreement under the understanding that all scheduled classes, that fall within 30 days after the Tutor has issued the written notice of termination, must still be taught. 

8.3. Pending Payments. In the event Tutor cancels the classes after we have received the notice of termination, we may withhold any outstanding payments as a result of such canceled classes. 

8.4. Grounds. We may terminate the Agreement with Tutor unilaterally, and with immediate effect without giving any reason. The following unexhaustive list may form a ground to terminate this Agreement:

8.4.1. Tutoring or communicating directly with Students outside our Platform;

8.4.2. Behavior in relation to Students that is inappropriate;

8.4.3. Having received one or multiple penalties from us;

8.4.4. Complaints from one or more Students

8.4.5. Average or poor evaluation or reviews either from Idioma Tutors or Students;

8.4.6. Asking for the Student’s personal and contact information or actively sharing your contact information;

8.4.7. Letting other persons tutor the classes with the use of your account without our consent. 

Article 9. Miscellaneous 

9.1. Notifications. You acknowledge and agree that communications with us will take place electronically. Any legal announcements, notification, and any other means of communication shall be issued in accordance with the applicable law and regulations.