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Elinet - The English & French Language Institute on the Internet

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Elinet - The English & French Language Institute on the Internet
 

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Entente de services du Contractuel

Voir le version Français d'Entente de services du Contractuel d'Elinet.

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Contractor Services Agreement

Non-Exclusive Agreement for Contract Language Instruction / Tutoring Services between Elinet Communications (Canada) / www.elinet.com ("Elinet Communications") & an Independent Individual Language Contractor ("Contractor")

I represent, warrant and agree to the following terms and conditions:

Provision of Services

1. I guarantee that I can provide quality language instruction / tutoring and that I am fully qualified to offer such language services on the basis of my education and / or work experience.

2. I understand that this is a contract position and that this agreement will not result in a full-time or a part-time staff position with Elinet Communications and/or any related benefits.

3. I agree to work from home using my own computer with a high-speed Internet connection, regularly updated anti-virus software, and any means or materials required to provide quality language instruction, tutoring or other language services via the Internet. I agree that Elinet Communications shall not be held liable for any of my costs directly or indirectly arising from, related to or associated with my use of the Internet, hardware, software, or any other related means or materials, any equipment purchases, maintenance, replacement, upgrades, updates or any other kind of computer- and Internet-related expenses and services, all such costs and expenses shall be borne exclusively by me as the owner of such equipment and related items. I agree to comply with all work-related technical requirements stated on this website.

4. I will be using either or both of the following as teaching materials:

i) three-level web-based Elinet program for instruction / tutoring by e-mail

i) my own teaching materials adequate to conduct video conferencing language lessons via the internet (using Skype or similar technology)

5. As an Authorized User and Elinet Contractor, I will never try to use any original web-based Elinet lessons, Elinet e-tests, other proprietary educational Elinet materials, or any content of the Elinet website, directly or indirectly, for any purposes outside the legal limits established by my contract with Elinet Communications regardless of my past, current or future status as an Authorized User or Elinet Contractor, unless specifically authorized by Elinet Communications.

6. I agree that Elinet Communications reserves the right to make changes to this website and these terms and conditions at any time.

Ownership of Materials

7. i) If I choose to work by e-mail as an English tutor using the web-based Elinet program,

a) subject to the terms of this Agreement, Elinet Communications hereby grants me access to certain parts of the Products, namely the content of Elinet lessons, Elinet exercises constituting part of Elinet lessons and keys to certain exercises. I agree to use such materials in order to check and correct via e-mail the work done by Elinet students assigned to me through the Elinet website and comment on their progress. I represent and warrant to Elinet Communications that I will not use any Elinet materials outside of my contract duties and in any unauthorized manner, for instance but not limited to the following, in order to create products or perform services which might compete or interfere with the Products and services of Elinet Communications or its licensors, and that I will not use the Products or any materials retrieved from the Products in any manner that will infringe the copyright or other proprietary rights of Elinet Communications or its licensors.

b) I understand that my students may take more than one day to reply with their completed assignments. I guarantee that I will reply to my students’ e-mails within 24 hours, except for unforeseen and emergency situations; such cases will be individually looked into by the Elinet administration on the basis of evidence.

ii) If I choose to teach English or French by video conferencing via Skype or similar technology using my own teaching / learning materials,

a) all teaching / learning materials originally owned and created by me and used by me as part of my duties as an Elinet Contractor under this Agreement will remain my property regardless of my past, current or future status as an Elinet Contractor.

Elinet Communications shall not be held liable for any copyright violations by any of its independent contractors.

b) I agree to be fully prepared to conduct regular 45-minute video conferencing sessions for registered Elinet users (students), the number of lessons per day / week to be determined using a schedule mutually acceptable to myself and my students.

c) I agree to be fully prepared to conduct trial 45-minute video conferencing sessions for unregistered Elinet users (guests), the number of lessons per day / week to be determined using a schedule mutually acceptable to myself and my students.

8. I understand that this agreement is non-exclusive and I am free to work for other employers (companies, clients) while providing language services for Elinet students (clients) under a schedule mutually convenient both for myself and for Elinet students, users, guests, and other language clients.

Standards of Conduct

9. I guarantee that I will always adhere to the highest moral, ethical, legal and professional standards of conduct through all means of communication with all of Elinet students, users, guests, or language clients. Through my work I may become privy to certain personal information. I understand the sensitive nature of such information. I will never use any personal information obtained through my work as an Elinet Contractor for any illegal purposes. I will uphold confidentiality and an individual’s right to privacy as laid out in any applicable privacy / human rights legislation. I agree to hold confidential all personal and other information of Elinet students. I will not try to contact any Elinet students, users, guests, or language clients for any reasons outside my professional duties without prior written authorization from Elinet Communications in each specific case.

Elinet Communications shall not be held liable for any legal consequences of any sort of professional misconduct, inappropriate behaviour or activities on my part if I choose to violate the terms and conditions of this agreement.

In the event of any violation of this agreement by me, Elinet Communications reserves the right to terminate it unilaterally. I understand that if I violate any or all of the terms and conditions of this agreement, I may be subject to a legal action that may result in paying significant damages to Elinet Communications and other penalties under the existing legislation.

Remuneration

10. I agree to be paid through PayPal. I will have an active PayPal account by the beginning of my contract duties with Elinet Communications.

11. For the services rendered, Elinet Communications agrees to offer the Contractor the following remuneration schedule:

a) Elinet Communications agrees to pay individual video conferencing contractors (Skype-based tutors or tutors using similar technology) $10 USD per one (1) successfully completed 45-minute video conferencing session, whether it is a trial lesson for unregistered users (guests) or a regular lesson for registered students.

b) Elinet Communications agrees to pay contractors using the three-level web-based Elinet program $10 USD for successfully processing one (1) Elinet lesson from any level as part of the Contractor’s duties as a designated English instructor / tutor. The term "processing" means checking completed exercises submitted by Elinet students by e-mail and replying to them by e-mail offering corrections, where necessary, and / or comments. I will make sure that all my comments are of a friendly, supportive and encouraging nature.

c) I understand that if I accept any fees directly from a student, this will result in an immediate termination of my contract with Elinet Communications.

d) The failure of either party or both parties to communicate by e-mail or via the internet for the purpose of a lesson (session) shall constitute an unsuccessful attempt to complete the required language services. Such unsuccessful attempts will not be compensated. It is the Contractors' responsibility to respond to their students' e-mail messages, schedule and / or reschedule their video conferencing lessons (sessions) and update their availability status in their online profiles to maintain continuous working relationships with Elinet students.

e) Payments to Elinet Contractors shall be made through PayPal on a monthly basis, on the first day of each month, and shall cover all services successfully completed within the previous month, subject to the terms, conditions and limitations set forth herein.

Termination

Both parties are entitled to termination of this contract by written notice of thirty (30) days.

In the event of termination of your employment for any reason your personal data (scans, documentation, etc.) will be deleted from our database.

Effective Date

The agreement will be made effective upon Elinet's approval of my application to provide contract teaching / tutoring / language services.

 

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