Tutor Platform Agreement

1. This agreement

This agreement is between you, the tutor, and K2022319871 (South Africa), registration number 2022/319871/07, trading as TUTSA. It applies from the moment you submit a profile for listing.

Our Website Terms, Subscription Terms and Privacy Policy also apply to you.

2. You are independent

You are an independent contractor running your own tutoring practice. Nothing in this agreement creates employment, partnership, joint venture or agency between you and TUTSA.

Specifically:

• You set your own rates, and you keep all of them
• You choose your own hours, subjects, grades and areas
• You decide which enquiries to accept and which to decline
• You decide how you teach, and you provide your own materials and equipment
• You are free to tutor through any other channel at the same time
• You are not entitled to leave, benefits, UIF, or any other employment entitlement from us

3. What we provide

• A professional profile listed in our directory
• Visibility to families searching your subject, grade, curriculum, language and area
• Enquiries from families, delivered to you directly
• Verification of your identity and qualification documents, and a verified badge on your profile
• Tools to manage your profile, availability and enquiry history

We do not promise a particular number of enquiries, any lessons, or any level of income. Demand varies by subject, area and time of year.

4. Eligibility and verification

To list a profile you must:

• Be at least 18 years old
• Be legally entitled to work in South Africa
• Provide a valid South African identity document or passport matching the name on your profile
• Provide genuine qualification documents for what you claim to hold
• Provide accurate contact details and keep them current

We review these before your profile is published. We may ask for further documents, and we may decline or remove a listing where documents cannot be verified.

You must tell us promptly if anything changes that affects your eligibility, including a criminal conviction relevant to working with children, or the withdrawal of a qualification or professional registration.

5. Your profile

Everything on your profile must be true, current and your own. You must not overstate qualifications, claim experience you do not have, or use photographs or content belonging to someone else.

You keep ownership of the content you upload. You grant TUTSA a non exclusive, royalty free licence to host, display, reproduce and adapt that content for the purpose of operating and promoting the platform, for as long as your profile is listed and for a reasonable period afterwards in cached or archived copies.

6. Fees

Membership is a flat monthly fee. There is no commission on anything you earn from a lesson, ever. Full details of the amounts, billing, renewal and cancellation are in the Subscription Terms.

7. How you are paid

Families pay you directly, by whatever method you and the family agree. TUTSA does not hold, process or guarantee your lesson fees, and does not act as a collection agent. Unpaid lesson fees are a matter between you and that family.

8. Your obligations

• Respond to enquiries in reasonable time, even if only to decline
• Keep your availability current so families are not enquiring into a full diary
• Conduct yourself professionally and lawfully with learners and their families
• Comply with all laws that apply to your practice, including those protecting children
• Hold your own insurance if you consider it appropriate for your practice
• Handle any learner information you receive lawfully, and only for the purpose of tutoring that learner

9. Safety

You are responsible for the safety of your conduct with learners. We expect tutors to teach minors in a public area or common area of a home rather than behind a closed door, and to keep a parent or guardian informed. We may require confirmation of these practices, and we may act on any report to the contrary.

10. Your contact details

Your telephone number is not published in full on your public profile. Contact may be routed through the platform so that your personal number is not exposed until you choose to share it. This is to protect you from unsolicited contact. Once you reply directly to a family, further contact is between you and them.

11. Data protection

When a family’s enquiry reaches you, you become a separate responsible party under the Protection of Personal Information Act 4 of 2013 for the information in it. You must keep it secure, use it only to respond to and deliver tutoring for that learner, and not use it for marketing, resale or any unrelated purpose.

You must not add a family to a mailing list without their consent, and you must not pass their details to anyone else.

12. Things you must not do

• Misrepresent your identity, qualifications or experience
• Create more than one profile for yourself, or list on behalf of someone else
• Scrape, copy or reuse other tutors’ profile content
• Contact families for any purpose other than the enquiry they sent you
• Ask a family to leave a review that is not genuine
• Behave abusively, discriminate unlawfully, or harass anyone on the platform

13. Suspension and removal

We may suspend or remove your profile, with notice where it is reasonable to give it and immediately where it is not, if:

• Your documents cannot be verified, or turn out to be false
• Your membership payment fails and remains unpaid
• We receive a credible report about conduct, safety or misrepresentation
• You breach this agreement in a way that is material or repeated

Where we suspend a profile we will tell you why and give you a fair chance to respond, unless the law or the safety of a child prevents it.

14. Ending this agreement

You may cancel at any time as set out in the Subscription Terms. We may end this agreement on 30 days’ written notice, or immediately for a material breach.

When it ends your profile is unpublished and stops appearing in searches. We keep verification and payment records for the periods set out in the Privacy Policy.

15. Tax

You are responsible for your own tax affairs, including income tax and, if your turnover requires it, VAT registration. TUTSA does not withhold or deduct tax from anything, because we do not handle your lesson income. Your membership fee is a business expense of your own practice.

16. Liability and indemnity

Subject to liability that cannot lawfully be excluded, TUTSA’s total liability to you is limited to the membership fees you paid us in the 12 months before the claim arose. We are not liable for lost income, lost enquiries or lost opportunity.

You indemnify us against any claim brought by a family or third party arising from your tutoring, your conduct, or anything you put on your profile.

17. Changes

We may update this agreement. Where a change materially affects you we will give you reasonable notice by email before it takes effect. Continuing to list a profile after that means you accept the change.

18. Governing law

This agreement is governed by the law of the Republic of South Africa, and the South African courts have jurisdiction.

19. Contact

K2022319871 (South Africa), trading as TUTSA
21 Montpark Drive, Unit 19 Magalies, Johannesburg, Gauteng, 2190
info@tutsa.co.za