Tutor terms of use

1. Tutor profile

By completing a Tutor profile you represent that you are a self-employed individual/sole proprietor and you will use the Site and Site Services for educational service provision only. Tutor is solely responsible for the information provided and the use of photographs and illustrations in the teacher’s profile and in published classes.

Tutor identity and location verification
When you create a Tutor profile and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your location. You authorize RSOnline, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself, which includes, but is not limited to, providing official government or legal documents.

2. Communication

Informational and educational sessions for tutors

From time to time RSOnline organize informational sessions to inform or educate tutors on new features or rules of the Site. Such sessions will be offered at least twice so everyone can attend based on their availability. It is very important to attend one of the sessions. Attendance is mandatory. Your Account may be permanently suspended due to systematic absence at such meetings.

Communication between Tutor and Customer

Tutors agree to use the communication means available on the Site to communicate with Customers. You agree that you

• will use RSOnline as the sole manner to communicate with Customers;
  will not provide your Means of Direct Contact to any Customer that you identified or were identified by through the Site;
• will not use Means of Direct Contact of a Customer to attempt to or to communicate with, solicit, contact, or find the contact information of a Customer outside of RSOnline;
• will not ask for, provide, or attempt to identify through public means the contact information of a Customer; and
• you will not include any Means of Direct Contact or means by which your contact information could be discovered in any profile, except as otherwise provided on the Site.

For purposes of the Tutor Agreement “Means of Direct Contact” means any information that would allow another person to contact you directly, including, without limitation, phone number, email address, physical address, a link to a contact form or form requesting contact information, any link to an applicant management system, or any information that would enable a user to contact you on social media or other website or platform or application that includes a communications tool, such as Skype, Slack, Wechat, WatsApp, Viber or Facebook. You acknowledge and agree that your Account may be permanently suspended if you violate this Section.

RSOnline will do it’s best to contact you via all available means to inform you about any activity on the Site regarding your classes such as a question from a customer, registration request, or questions from school administration. Your Account may be permanently suspended if you don’t reply to any of that throughout the week from communication initiation.

Class cancelation

In case you need to cancel a lesson, you agree to (a) clearly communicate it to each Customer who is registered for the class, (b) make corresponding changes on the class schedule. Cancelling paid lessons will result in carrying forward the next charge by one week for the Customer.

Class recording

Teacher is not allowed to record live lessons without a permission from each student’s legal guardian. In order to obtain a permission, legal guardian has to fill the form.

3. Relationship with RSOnline

You further acknowledge, agree, and understand that:

• tutor is not an employee of RSOnline, and is not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance);
• tutor will be paid no later than 5th day of each month such amounts as was set in a class listing settings and depending on number of students registered for the class;
• RSOnline does not, in any way, provide or guarantee tutor a regular salary or any minimum, regular payment;
• RSOnline does not provide tutors with training or any equipment, labor, tools, or materials related to any tutoring service Contract;
• RSOnline does not provide the premises at which tutors will perform the work.

Taxes and benefits

Tutor acknowledges and agrees that tutor is solely responsible

• for all tax liability associated with payments received from tutor’s customer and through RSOnline, and that RSOnline will not withhold any taxes from payments to tutor;
• to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that tutor is not covered by or eligible for any insurance from RSOnline;
• for determining whether tutor is required by applicable law to issue any particular invoices for the tutor service Fees and for issuing any invoices so required;
• for determining whether tutor is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the tutor fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and
• if outside of the United States, for determining if RSOnline is required by applicable law to withhold any amount of the tutor fees and for notifying RSOnline of any such requirement and indemnifying RSOnline for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest).

In the event of an audit of RSOnline, the tutor agrees to promptly cooperate with RSOnline and provide copies of tutor’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing tutor is engaging in an independent business as represented to RSOnline.

4. RSOnline fees for tutors

The Service Fees (to use the Site Services) are paid solely by the tutor. A tutor will pay RSOnline a service fee of 15% for the use of the Site Services, including the communication, invoicing, and dispute resolution. A tutor will pay additional 3% for payout transaction. When a customer pays for registration to a class, RSOnline subtract and disburse the Service Fee. In the event the tutor chooses to withdraw funds in a currency other than U.S. dollars, there may also be a foreign currency conversion charge imposed by an affiliate and the rate may differ from rates that are in effect on the date of the payment.

No fee for class listings

RSOnline does not introduce customers to tutors and does not help tutors secure students. RSOnline provides teachers with access to the Site and its Services and from time to time can promote and advertise classes that may be of interest to clients. In addition, RSOnline does not charge any fees or charges for publishing reviews.

5. Payment terms

Payouts to tutors on tutoring service contracts

RSOnline disburses funds that were collected for tutoring service provided in a period of one month. RSOnline will automatically disburse available funds no later that fifth day of each month.

RSOnline in its sole discretion and except as prohibited by applicable law, may refuse to process, may hold the disbursement of the tutor fees and offset amounts owed to us, or take such other actions as we deem appropriate in our sole discretion if:

• we require additional information, such as tutor’s tax information, government-issued identification or other proof of identity, address, or date of birth;
• we have reason to believe the tutoring Fees may be subject to dispute or chargeback;
• we suspect a User has committed or attempted to commit fraud or other illicit acts on or through the Site;
• we believe there are reasonable grounds for insecurity with respect to the performance of obligations under this Agreement; or
• we deem it necessary in connection with any investigation or required by applicable law. If, after investigation, we determine that the hold on the disbursement of the tutor fees is no longer necessary, RSOnline will release such hold as soon as practicable.

In addition, notwithstanding to the extent permitted by applicable law, we reserve the right to seek reimbursement from you, and you will reimburse us, if we:

• suspect fraud or criminal activity associated with your payment;
• discover erroneous or duplicate transactions; or
• have supplied our services in accordance with this Agreement yet we receive any chargeback from the Payment Method used by tutors or by customer, despite our provision of the Site Services in accordance with this Agreement.

You agree that we have the right to obtain such reimbursement by charging the applicable payment method, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, or obtaining reimbursement from you by any other lawful means. If we are unable to obtain such reimbursement, we may, in addition to any other remedies available under applicable law, temporarily or permanently revoke your access to the Site and Site Services and close your Account.

6. Making payments through RSOnline

You acknowledge and agree that a substantial portion of the compensation RSOnline receives for making the Site available to you is collected through the tutor Fee and that in exchange a substantial value to you is the relationships you make with other Users when you identify or are identified by another person through the Site or Site Services. RSOnline only receives the Service Fee when a customer pays through the Site. Therefore, you agree to use the Site as your exclusive method to receive all payments for tutoring service. For the avoidance of doubt, if you did not identify and were not identified by another person through the Site, such as if you and another User worked together before meeting on the Site, then this rule does not apply.

By way of illustration and not in limitation of the foregoing, you agree not to:

• offer or solicit or accept any offer or solicitation from parties identified through the Site to contract, hire, invoice, pay, or receive payment in any manner other than through the Site.
• Refer a User you identified on the Site to a third-party who is not a User of the Site for purposes of making or receiving payments other than through the Site.

You agree to notify RSOnline immediately if a person suggests to you making or receiving payments other than through the Site or if you receive unsolicited contact outside of the Site.

You acknowledge and agree that a violation of any provision in this is a material breach of the Terms of Service. Your Account may be permanently suspended and charged the Conversion Fee if you violate this Section. If you refuse to accept any new version of the Terms of Service or elect not to comply with certain conditions of using the Site, and therefore choose to cease using the Site, you may pay the Conversion Fee for each other User you wish to continue working with on whatever terms you agree after you cease using the Site.

Opting out

You may opt out of the obligations in this section with respect to each RSOnline Relationship only if the customer or tutor pays RSOnline a Conversion Fee which is $1,000 USD.

You understand and agree that if RSOnline determines, in its sole discretion, that you have violated this section, RSOnline may, to the maximum extent permitted by law charge your Payment Method the Conversion Fee (including interest) if permitted by law or send you an invoice for the Conversion Fee (including interest), which you agree to pay within 30 days, close your Account and revoke your authorization to use the Site and Site Services, and/or charge you for all losses and costs (including any and all time of RSOnline’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.

7. Records of compliance

Tutors will each (a) create and maintain records and documentation of their obligations under this Agreement, including, without limitation, their payment obligations and tax and employment compliance, and (b) provide copies of such records to the RSOnline upon request. Nothing in this subsection requires or will be construed as requiring Russian Online School to monitor or control User compliance with this Agreement, other Service Terms. You are solely responsible for the creation, storage and backup of your business records. This Agreement and any registration or subsequent use of the Site will not be construed as creating any liability on the part of Russian Online School for storing, backing up, storing or providing access to any information or data during any period of time.