SERVICE AGREEMENT.

SERVICE AGREEMENT.

This Service Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2020 (the “effective date”), between Budget Spanish (hereinafter referred to as the “Company”), and ____________ (herein referred to as the “Teacher”).

WHEREAS, the Company is an online platform that offers Spanish lessons to students worldwide through the Company’s website https://www.budgetspanish.com 

NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:

  • TERM.

The initial term of this Agreement shall be for a period _____ [Weeks/Months/Years] commencing on the Effective Date herein.

  • SCOPE.
      1. The Company offers the Teacher a platform to teach Spanish through the Company’s website. The Teacher shall operate as a ‘self-employed’ teacher by setting his/her own timetable and schedule with her students. 
      2. The Teacher shall notify the Company promptly should they not be able to attend to their class.
  • PAYMENT.

The Teacher shall be paid a hourly rate determined by the number of hours worked monthly. The Company’s rate shall be between ______, to ______ per hour worked. Payments shall be made on the first Monday of each month, unless it falls on a national holiday in Ireland, then it shall be made on the next working day.

  • TERMINATION/CANCELLATION.
      1. The Parties agree that either Party can cancel/terminate the Agreement at any given time, provided that the intending Party provides the other Party a 30 Day Written Notice on the cancel/termination. Note: In the event that the Company decides to cancel/terminate the Agreement, they must ensure to pay the Teacher for work done under this Agreement.
      2. The Company can at any time and without notice terminate/cancel this Agreement if the Teacher accepts any payments directly from the students, inappropriate communication with the students such as flirting, being unprofessional towards other tutors, the members of the Company’s team and/or the students, attending to classes while under the influence of drugs and/or alcohol, and using aggressive and/or threatening behaviors.
  • NON-COMPETE.
      1. The Teacher shall not, during the term of this Agreement and/or upon the termination/cancellation thereof, solicit, negotiate, and contact directly or indirectly, any of the Company’s students with the aim of conducting business with them without the knowledge of the Company.
      2. The Teacher shall not, during the term of this Agreement and/or Two Years after the termination/cancellation of this Agreement, by incitement encourage the Company’s employees, students or clients of the Company to terminate their obligations with the Company.
  • LIABILITY/WAIVER
      1. The Company shall not, during the term of this Agreement, be held liable for any injuries sustained by the Teacher while carrying out their obligations under this Agreement, as long as the injuries are not in any way due to the Company’s negligence. The Teacher agrees to indemnify the Company against any claims that may arise from the performance of this Agreement.
      2. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.  
  • INDEPENDENT CONTRACTOR.
      1. The Teacher shall be retained as an independent contractor.  The Teacher shall be fully responsible for payment of their own health insurance, and/or income taxes on all compensation earned under this Agreement.  The Company shall not withhold or pay any income tax, health insurance, social security tax, or any other payroll taxes on the Teacher’s behalf during the term of this Agreement.
      2. The Teacher understands that they shall not be entitled to any fringe benefits that the Company provides for their employees generally or to any statutory employment benefits, including without limitation worker’s compensation or unemployment insurance.
  • GENERAL PROVISION/GOVERNING LAW/JURISDICTION.
    1. This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.  No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
    2. This Agreement shall be governed by and construed in accordance with the laws of the Ireland. Exclusive jurisdiction and venue shall be in Ireland. 
    3. This Agreement shall be binding upon and inure to the benefit of the Company and the Teacher and their respective successors and assigns, provided that the Teacher may not assign any of their obligations under this Agreement without the Company’s prior written consent.  

IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.

COMPANY: Signature: _______________________________________

                       Name: __________________________________________

                       Date: ___________________________________________

TEACHER: Signature: ________________________________________

                     Name: ___________________________________________

                     Date: ____________________________________________

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