
This Agreement is made between Orchard EdTech, also known as “we,” “us,” or “our,” with offices at 1354, Ground Floor, 11th Street, I Block, 18th Main Road, Vallalar Kudiyiruppu, Anna Nagar West, Chennai, Tamil Nadu 600040, and you (the “Teacher,” also known as “Independent Contractor,” or “You,” or “Your,” or “Yours,”). Your agreements with us governing your use of the LMS Platforms, websites, and mobile apps (the “Site” or “Site Services” or “Platform”) and the services made available via those websites are also relevant to how you use this website and its software.
The Terms of Use, Privacy Rules, Baby Protection Policy, and any policies, guidelines, disclaimers, and other agreements that may be found on our website are incorporated into and referenced in this Teacher Consumer Agreement. By luring the TEACHER to provide certain offerings at the website or platforms made available by Orchard EdTech, the company is interested. The parties (The Orchard EdTech and TEACHER)) abide by the following:
Terms and conditions
USER ACCOUNTS
By accessing and using this site, establishing an account to use the site (an “Account”), or using the site in any other manner, you agree to abide by this Agreement and the related Terms of Use.
In order to use and assess various aspects of the website and its services, you must first register for an account. Orchard EdTech has the right to accept or reject a user’s application to register with the Site for any reason or for other business-related reasons. When you register for a TEACHER account on the Site or Site Services, you must upload a number of specified items, including your profile photograph and videos. You agree to provide the information necessary to create a TEACHER account on the website.
You agree and provide permission for other Users to see or publicly display your TEACHER profile. You undertake to submit accurate, truthful, and full information on the Platform, including but not limited to information about your identity or location, your business, your education, your experience, your abilities, and the services you are prepared to offer. In order to keep the information accurate, true, and comprehensive, you also agree to update it.
Your account and related information will be subject to verification including but not limited to agency verification, background checks, validation against third-party databases, verification of one or more official government or legal documents to confirm your identity, your location, and your ability to act as a TEACHER on the Platform during account registration and from time to time thereafter.
You authorize Orchard EdTech, directly or through third parties, to make any inquiries necessary to validate your identity, your location, education, experience, and confirm your ownership of your email address or financial accounts, subject to applicable law. During verification, your full account or partial account features may be temporarily limited. Upon successful verification, the Account features shall be restored.
You are entirely responsible for safeguarding and maintaining the confidentiality of your username, password, and other account access credentials like Access Code, etc. You further agree not to use the Account or log in with the username and password of another User of the Site. You also agree that you will not share your credentials with other users
TERMS OF USE
You recognize and acknowledge that, as a TEACHER member, your relationship with Orchard EdTech is only that of an independent or third-party contractor and not, in any way, that of an employee, agent, joint venture partner, or other similar designation. Nothing in this Agreement shall be interpreted as creating a partnership, joint venture, employer-employee relationship, franchisor-franchisee connection, or any other legal relationship between Orchard EdTech and the Teacher.
You agree to allow Orchard EdTech to contact or reach you through Call, SMS, Email, WhatsApp for providing existing services and for providing information on new products and services and it will supersede the do not disturb registry that you may have registered with.
You agree that the following is the list of duties and responsibilities of the TEACHER: maintain a calendar of your availability to enable one-on-one class sessions bookings by Students; contact Orchard EdTech to create a new event between Student and Teacher or change any existing live class schedule as required; join, manage, and moderate the virtual video classrooms for the scheduled classes like one-on-one or Boot camp or Group classroom; help students to study and learn the course subscribed by the student through teaching sessions and other learning activities; assign worksheets, exercises, assignments, or other learning activities, or other content to the student as required; communicate with students through one-on-one chat message box or group chat as required and communicate with parents through a chat system about student progress and give recommendations for course learning strategies; use any existing available learning material and content for the selected student Grade and Subject to educate the students for the live classes; prepare any additional learning materials including Word/ PDF documents, excel, PowerPoint, videos, images etc. for the live classes; assign grades to the students based on activities responses and performance; and prepare and share the personalized progress reports with assessment evaluations & grade reports of the student to the parent and students.
You agree that you will not download any content or copy any learning materials, share the content to others or online other than the intended audiences/ students; upload any restricted or personal or sensitive information to the Site; share any student’s personal and other grade assessment results & personalized reports with anyone other than the student and his/her parent; use any abusive language while communicating through Site or Site Services; ask any other additional payments from Site users (Student or Parents); and share password or other profile information to any other persons.
WORK SCHEDULE
Teachers agree that the Orchard EdTech is only providing the platform for the TEACHERs and connect both Teacher and the Students and/ or Parents (“Customer”) for live classes. The Teacher will be paid for the services provided to the Customer by the Customer after deducting the prescribed taxes, fees and other charges for the Orchard EdTech Platform through the Orchard EdTech. When the Teacher provides services to the Customer on behalf of Orchard EdTech through any marketing activities or as required by Orchard EdTech, then the payment for the services provided to the Customer will be provided by the Orchard EdTech.
You represent that you are qualified to teach the subject matter corresponding to the listing on the Orchard EdTech Platform. The TEACHER will render their services to the Customers when the Customer selects the Teacher and schedules an appointment with the TEACHER or when a free demo or other class meeting appointment is scheduled by Orchard EdTech through the marketing activity, or through online forms.
The Teacher will provide the above listed services (described in the Clause 3) to the Customer at the scheduled date and time using Orchard EdTech Platform software including messaging, video conferencing system etc. During the live class/ meeting sessions, the Orchard EdTech Platform is enabled with automatic recording of the events, storing the live class/ meeting recording to a safe storage environment of Orchard EdTech. You agree to this recording of audio, video and other activities from the live class/ meeting session.
Upon the completion of the live class/ meeting session, the Customer will click “Complete the Session” to accept that the live class/ meeting is completed and give “Sign-off”. It is the responsibility of the Teacher to get this acceptance and sign-off from the Customer. Until the Customer accepts and sign off the meeting session, the respective live class/ meeting will not be taken into Teacher’s billing account for the period.
The Teacher will be responsible for preparing any learning materials or documents. The Teacher will be paid for the successful completion of the meeting (i.e., sign-off by Parents/ Student) after deducting any other charges and taxes. For any live class/ meeting session that could not be completed within scheduled time, the TEACHER can allow up to 10 minutes of extended grace time.
The Teacher will be paid every week on Friday for the completed and signed-off sessions from the customer in their account from the preceding week period i.e., Monday 00:01 AM through Sunday midnight 23:59 hours UTC. If any live class/ meeting sessions happen during the account closing time (i.e., midnight of Sunday to Monday) then the accounting for such meetings will be taken to the subsequent week. “Payable Amount” is the accumulated amount from all the completed, signed-off classes/ meeting sessions and without any disputes that the TEACHER is eligible to receive from Orchard EdTech.
If any live class/ meeting sessions were not signed-off or not completed or the customer is having open disputes, then the payment amount for those services will not be added to the Payable Amount. Any pending amounts will be added to the Payable amount of the week when the customer sign-off. Orchard EdTech will make the Payable amount directly to the TEACHER’s preferred payment method account or to their Bank Account registered in their profile after deducting any transaction charges.
DISPUTES BETWEEN TEACHERS AND CUSTOMERS (Students/ Parents)
If there are any issues with the class / meeting sessions, the Customer may dispute the service provided within a 3 business days’ time period from the date of completion of the meeting/ online session. Only open class/ meeting sessions are eligible for a dispute. All disputes between Teachers and Customers will be handled by Orchard EdTech. The Orchard EdTech’s determination and resolution is final and binding. Orchard EdTech will promptly investigate and determine whether an adjustment from the Teacher’s payment or a refund (through Wallet credit) for the customer is required or not.
Both the parties (Teacher and Customer) acknowledge, agree that both parties irrevocably assign the right to Orchard EdTech for any payment made to the other party after the dispute is resolved by Orchard EdTech; Orchard EdTech or its affiliates may, at its sole discretion, withhold or delay payment in the event of dispute between a Customer and a Teacher; Orchard EdTech reserves the right to reverse, or remove, or publish any feedback & ratings related to this class/ meeting session engagement between the TEACHER and the Customer; upon dispute resolution the payment adjustment to the other party if any required, will be adjusted immediately to the Customer account wallet, or released in the subsequent week to the TEACHER’s Payable amount account as required; dispute process will be handled through a Dispute Communication System filing; disputes team will review the documentation submitted and any information available on the Orchard EdTech Platform that pertains to the Dispute including but not limited to Meeting agenda, communications between the Teacher and the Customer User, files and documents exchanged between the Teacher and Customer users, the video recording of the class or meeting session between the Teacher; after review, the Disputes team will award a mutual, binding resolution based on the results of the review.
You understand and acknowledge that the appropriate Government agencies, departments, or authorities (the “Tax Authority”) where you are residing at or based on the Orchard EdTech business location may require Taxes including but not limited to tax deduction at source (TDS), value-added tax (VAT), goods and services tax (GST) etc., to be collected on the amount being paid to you and to be remitted to the respective Tax Authority. The prevailing laws in the jurisdictions may vary, but the required Taxes will be collected and remitted according to the applicable jurisdictions.
You agree that Orchard EdTech can conduct a performance evaluation for the Teacher on a regular period or during the time as needed. The performance reviews can be a one-on-one interview, scheduled classroom observation (virtual or face-to-face), recorded classroom events review, written tests, or other methods of performance evaluation by the manager or supervisor or other agent. During the performance evaluation process, whether it is formal or informal, recording of the event may be done. Failure to a successful evaluation or failure to improve performance, the TEACHER shall not prevent the Orchard EdTech from disciplining or terminating the TEACHER at will under this Agreement
You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content. Orchard EdTech is not legally responsible for any User Content including the feedback or comments posted, or the content made available on the Site or Site Services by any Users or third parties, even if that information is defamatory or otherwise legally actionable.
To protect the integrity of the system and protect Users from abuse, Orchard EdTech reserves the right (but is under no obligation) to remove posted User Content or information that, in Orchard EdTech’s sole judgment, violates the Terms of Service or negatively affects our Platform Site or Site Services, diminishes the integrity of the system or otherwise is inconsistent with the business interests of Orchard EdTech.
You acknowledge and agree that you will notify Orchard EdTech of any error or inaccurate statement in your User Content and that until you do so, Orchard EdTech may construe that such information is accurate.
TEACHER understands that, while working as an Independent Contractor at Orchard EdTech, he or she will have access to confidential and proprietary information, therefore shall not maintain employment or contracts for employment, or engage in any consultant or independent contractor relationship, with any other agency or school or services that will in any way conflict with this contract
Teachers should demonstrate, inspire, mentor, and guide the student users through their conduct and character-building noble activity. TEACHERS agree to follow the below given ethical code of conduct and Child Safety Policy, during their engagement with Orchard EdTech:
In addition to being subject to investigation, any breaches of this Code involving students’ under-18 will be reported immediately to the Child Safety Officer , following the Child Safety guidelines & procedures defined:
To provide the services to you we collect some of your Personal Information. We have described the data we collect, use of collected data, access to personal information, usage of cookies, and third-party links on the Platform, alerts & notifications, security policy, log information, period of data retaining, information about the Privacy grievance officer in our Privacy Policy. Please review this policy and it may evolve from time to time. You must agree to the processing of your personal information as laid out in the Privacy Policy INTELLECTUAL PROPERTY OWNERSHIP OF APPLICATION AND CONTENT
Orchard EdTech Platform contains the web application, mobile application, other software, and content (both user contributed and Orchard EdTech submitted content). You agree that the Site, Applications, Mobile applications, Software, Services, Collective Content and all other associated intellectual property rights are the exclusive property of Orchard EdTech and its licensors.
All trademarks, service marks, logos, trade names, and any other proprietary descriptions of Orchard EdTech used on the Site or Site Services or any other Content materials are the trademarks or registered trademarks of Orchard EdTech.
Any other trademarks, service marks, logos, trade names, and any other proprietary descriptions of third parties used on the Site or Site Services or any Collective Content are solely for the identification purpose, and they are the property of the respective trademark or business owners.
Orchard EdTech grants you a limited non-exclusive, non-transferable license to use the website, download and install a copy of the Application on each mobile device or tablet or computer device that you own or control and run such copy of the Application solely for purpose of the services to be performed on the Platform. Subject to this website terms of use and our policies, Orchard EdTech grants you a limited, non-exclusive, non-transferable license too.
v Access and view any Orchard EdTech Content solely for the services to be performed on the Platform.
v Access and view any User Content on the platform solely for your personal and non-commercial purposes
You agree that you will not download, copy/ clone, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Site, or Application, or Site Services, or Collective Content, except as permitted in these Terms of use and our policies.
You agree that you will not use manual methods or automated software, devices, scripts, robots, or other means or processes to access, or scrape, or crawl or copy or download any web pages Orchard EdTech content and/ or User Content or other services contained in the Platform either as full or partial content.
Any content including but not limited to the learning materials, exercises, assignments, questions, answers, notes, presentations, worksheets that you may submit or upload on the Site or Site Services or shared to other users or agencies as the business requires and it would not be kept confidential.
If you feel any content that contains confidential or sensitive information, please do not upload the content to the Site or Site Services. You agree and acknowledge that you own, have rights, and consents for any contents including but not limited to the learning materials, exercises, assignments, questions, answers, notes, and presentations, worksheets that you may upload on the Site or Site Services.
You also agree and give consent and exclusive rights to Orchard EdTech to download, copy, adapt, modify, prepare derivative works based upon, distribute, publicly display, publicly perform, transmit, broadcast all types of content that you submit or upload on the Orchard EdTech Platform, Site or Site Services. The TEACHER grants Orchard EdTech a perpetual license to use any uploaded or submitted content but TEACHER retains the remaining rights with respect to the submitted or uploaded content.
You acknowledge that the content that you may upload to the Site or Site Services are original and not copied, or infringed, or violated any third-party’s patent, copyright, trademark/ service mark, and rights, etc. We respect Copyright laws and policies.
Orchard EdTech or other affiliate agencies may conduct periodical reviews and audits and if any infringement or violations to any copyrights, patent rights, or other IP rights of any third party are found, the user would be immediately suspended or terminated without any obligations.
You agree that you will follow the Orchard EdTech’s Trademark/ Service mark, brand guidelines, and policies always when you represent Orchard EdTech and its services to the Customer through content, and other online/ offline teaching or related business activities
If the Orchard EdTech and TEACHER cannot amicably resolve a dispute or damage claim resulting from this Agreement, Orchard EdTech and TEACHER agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted by mutual agreement of the parties.
The parties agree that the arbitrator cannot award punitive damages to either party and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
TEACHER agrees to release, defend, indemnify, and hold Orchard EdTech and its partners, affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, or Site Services, or Content; or your violation of these Terms including but is not limited to your User Content and your interaction with any User including Customer Users; or any damages arising in connection with your services on the Platform.
This Agreement shall be effective for until the time TEACHERS have access & use to the Site or Site Services, use the Site, or Services or content, or until the termination is invoked by either one or both the parties. The parties agree that either party may opt to terminate this Agreement with 30 days prior written notice to the party.
Orchard EdTech and the TEACHER agree that notice of termination is considered effective from the date that the party receives the written notice, and that verbal notice is not sufficient to terminate this Agreement. TEACHER agrees.
Orchard EdTech may immediately, without notice terminate this Agreement if you have materially breached our Terms of use or our Policies or copyrights or brand guidelines; you have breached our “Code of Conduct” policy provisions in this Agreement; you have provided inaccurate, fraudulent, outdated, or incomplete information during the account registration, or listing process or thereafter; you have not successfully passed through the performance evaluation; you have violated applicable laws, regulations, or third-party rights, or Orchard EdTech believes in good faith that such action is reasonably necessary to protect the safety or property of other Users,
Orchard EdTech or third parties, for fraud prevention, risk assessment, security, or investigation purposes. Upon termination of the user accounts, all access to the Site or Site Services will be revoked and we do not have any obligation to return or give access to any content or User Content that you have created, submitted on the Site. We may suspend or reassign any scheduled classes, or events, or sessions, under your account. If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
To the fullest extent possible by law, Orchard EdTech’s maximum liability arising out of or in connection with any Orchard EdTech site or site service, your use of the Orchard EdTech content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed INR 8000.
TEACHER agrees to use the platform to receive all payments for the services provided to the Customers of the website or application, whether first-time, repeat, or follow-on; you will not circumvent the Orchard EdTech Platform for any associated fees or other similar learning activities; you will not 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; have all the communication with the customer users on the Site’s communication methods like instant chats and video conference meetings and do not contact or have communications out of the site’s communication channels; you will not share your contact details with the Customer users. You also agree that you will not solicit contact details of the Customer users
TEACHER understands that Orchard EdTech shall be providing the content, application, platform, process, methods, learning materials, and other information & content that may be relevant to the Site or Site Services required by the TEACHER for providing services on the Orchard EdTech Site or Application.
TEACHER understands that all the information that the Orchard EdTech provides to the TEACHER is Confidential Information unless it is specified. Confidential Information includes any company-provided content, materials, user content, software, application, process flow, methods, learning materials of all types & formats, customer information, customer files, customer lists, any business, marketing, financial or sales record data, plan, or survey; and any other record or information relating to the present or future business, product, or service of the Orchard EdTech.
While working for the Orchard EdTech and thereafter, the TEACHER shall not, directly, or indirectly, disclose to anyone outside of the Orchard EdTech any Confidential Information or use any Confidential Information. Unless compelled to do so by law or will TEACHER use this information in any other way EXCEPT as is necessary to perform services by the TEACHER.
As long as the Teacher is working for the Orchard EdTech, the TEACHER shall not participate directly or indirectly, in any capacity, in any business or activity as a sole or as a group that is in direct competition with the Orchard EdTech. Upon termination, the parties agree to deliver to each other any Confidential Information that has been received in some physical form, including, but not limited to, printouts, graphics, and electronic files, within 7 (seven) business days of such termination, unless the parties have agreed otherwise by another, prior written agreement.
The parties agree that neither is liable for the disclosure of Confidential Information if made in response to a valid court order of a court or other authorized government agency, provided that at least 10 (ten) business days’ notice first be given to the other party. This clause shall survive the termination of this agreement.
Both the Orchard EdTech and the TEACHER agree that they will not disparage or comment negatively about the other party, including its officers and management, current or former employees and/or customer users.
Orchard EdTech Website, Applications, Services, and Collective Content are provided on an “AS IS” basis without any warranty of any kind. The Orchard EdTech hereby disclaims all warranties and conditions about the website, applications/ products, services, and collective content, including without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, accuracy, timeliness, performance, completeness, suitability, and non-infringement. Please see our General Disclaimer incorporated with this Agreement, which can be found on the website at: Disclaimer
The parties agree that the laws of the State of New Jersey govern any conflict regarding the Agreement.
The waiver by either party or the failure of either party to claim a breach of any provision of this Agreement, will not operate or be construed as a waiver of any subsequent breach.
All notices served by the Orchard EdTech shall be provided via email to your registered account email address or as a general notification on the Site or Site Services. Any notice to be provided to the Orchard EdTech should be sent to contact@oitclasses.com. In case of any customer care support related issues, or you face any issues, or would like to share your experiences, feedback, suggestions for improvements, please contact us at teacher-support@oitclasses.com
The parties agree that even if a court invalidates a provision of this Agreement, the remaining Agreement provisions are still valid and remain in full effect.
The parties agree that this Agreement completely expresses their mutual intent and that it supersedes any other agreement or representation, oral or written, between the parties unless otherwise specified.
The parties agree that no modification can be made to this Agreement without another mutual, written agreement.
The Company shall assign this Agreement or any rights or obligations hereunder without the prior written consent and it shall be binding upon its successors and assigns. The TEACHER shall not assign this agreement or any rights or obligations hereunder to others.
The parties understand and agree that the headings in this Agreement are included only as a matter of convenience and in no way define, limit, or extend the scope of this Agreement or any of its provisions.
I affirm that I have read the terms and conditions and the information I am submitting on this page is true and accurate to the best of my knowledge.
By clicking ‘I Accept’ on the Site or Application, you are agreeing to be bound to the terms of this Agreement and signing this document under oath under penalty of perjury. I understand that any false information, fraud, misrepresentation, or omission in the information I provided may result in my disqualification or dismissal.
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