Tutor Terms and Conditions (Draft)

TheChalkboard Inc., operating as Chalkboard (“Chalkboard”, “Company”, “our”, “us” or “we”) provides an online platform known as CHALKBOARD that connects tutors with individuals seeking tutoring services (each a “User”) and other services related thereto (collectively, the “Services”) through our website, accessible at www.chalkboard.com.ph (the “Site”). The Services include the ability for Users and Tutors (each as defined below) to interact via the Chalkboard platform’s interface or other methods as may be made available by Chalkboard from time to time.

Definitions

“Bundle discount” means an optional volume discount calculated by Chalkboard and a Tutor chooses to provide for its service

“Chalkboard Content” means Content that Chalkboard makes available through the Site or Services, including any Content licensed from a third party, but excluding User Content.

“Collective Content” means, collectively, Chalkboard Content and User Content.

“No Show” means the Tutor is late for sixteen (16) minutes or more from the scheduled tutorial session; misses, cancels, or abandons a session as further explained in Section 15.

“Tardiness” means the Tutor is more than five (5) minutes late from the scheduled tutorial session.

“Tutor” means a qualified and authorized person that renders tutoring or educational services provider accessible via the Services.

“Tutorial Services” means any tutoring or educational services a User may receive from a Tutor related to a User’s Chalkboard account or the Services.

“User” means a person who seeks, enrolls, avails and/or schedules Tutorial Services for a student or for his or herself (e.g. a Tutor, student, parent or guardian).

“User Content” means Content that a Tutor or User posts, uploads, publishes, submits or transmits to be made available through the Site or Services in connection with the Tutorial Services or otherwise, including, but not limited to, Questions and related answers and other learning materials posted by Users and/or Tutors via the Services.

As a Tutor, your use of the Services is governed by the policies, terms and conditions herein.

THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS AND TUTORS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT CHALKBOARD IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND TUTORS. AS MORE FULLY DETAILED BELOW AND TO THE FULLEST PERMITTED BY APPLICABLE LAW, CHALKBOARD DISCLAIMS ALL LIABILITY RELATED TO THE TUTORIAL SERVICES OR THE CONDUCT OF USERS, TUTORS

OR OTHER USERS OF THE SITE OR SERVICES NOT EXPRESSLY AND ALLOWED IN WRITING. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, TUTORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF TUTORIAL SERVICES PROVIDED BY TUTORS ARE DONE AT THE PARTIES’ SOLE RISK.

Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree to and accept additional terms and conditions. If there is a conflict between these Tutor Terms & Conditions and terms and conditions posted for a specific area of the Site, Services or Collective Content, the terms and conditions posted for the specific area of the Site, Services, or Collective Content will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, OR YOUR CHALKBOARD ACCOUNT, OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES IN CONNECTION WITH YOUR TUTORIAL SERVICES OR OTHERWISE, YOU ARE INDICATING AND ACKNOWLEDGING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TUTOR TERMS & CONDITIONS, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE TUTOR TERMS & CONDITIONS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT.

If you accept or agree to these Tutor Terms & Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Tutor Terms & Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

1. How the Site and Services Work

The Site and Services can be used to facilitate the provision of Tutorial Services via our online platform and its video and text chat and document collaboration interface. As stated above, Chalkboard makes available a platform with related technology for Users to connect with Tutors online and conduct the Tutorial Services via our online interface as requested by Users. While Chalkboard is not a provider of tutoring services, neither a contracting agent nor representative of any Tutor or User, nor employs any of its tutors since they are treated as independent contractors, they are however expected to utilize the platform properly and professionally. Any usage of the site beyond tutoring services i.e. political campaigns, religious activities, socialization, selling of any consumable items or goods and etc., is strictly prohibited. Violators thereof would be barred in the use of the platform in perpetuity and may face legal charges depending on the gravity of the offense.

You are an independent contractor and nothing in this Tutor Terms & Conditions will be construed as establishing an employment or agency relationship between you and Chalkboard. You have no authority to bind Chalkboard by contract or otherwise. You will determine, in your sole discretion, the manner and means by which you provide Tutorial Services in connection with this Tutor Terms & Conditions or as related to the Services or Site, subject to the requirement that you will at all times comply with applicable law and 3 existing rules and regulations. As an independent contractor, you will not be entitled to any compensation and/or benefits paid or made available by Chalkboard to its employees, including, without limitation, any vacation, sick leave or similar pay or benefit, or to participate in any plans, arrangements or distributions made by Chalkboard pertaining to any bonus, stock option, profit sharing, insurance or similar benefits.

2. Account Sign-Up and Utilization

You must sign-up an account on the Chalkboard platform.

When you set-up your account on the Chalkboard platform, you must:

a. Be 18 years old and above either a graduate or current student (preferably with tutoring experience but not required) of reputable institutions of higher learning or industry practitioner/specialist/expert earned locally or abroad in lieu of bachelors/masters/doctorate degree.

b. Provide accurate, updated and complete information

c. Consent Chalkboard to verify your account information and make inquiries when necessary.
You are responsible for the confidentiality of your username and password. You understand not to disclose any of your account information to any third party.

You are also responsible for all your account activities, whether or not you authorized it.

You will also notify Chalkboard should you encounter or have known of any unauthorized access of your account within twenty-four hours from the occurrence thereof. Failure to do so may lead to temporary or permanent deactivation of your Tutor account until Chalkboard has proven that the unreported incident is not a security threat to the platform.

You understand and agree that you will not involve, permit, authorize, or accommodate other persons to participate in facilitating tutoring services using Chalkboard platform aside from you and your assigned client.

3. Privacy

You agree that you have reviewed and acknowledged Privacy Policy, which governs the collection, processing, and storage of your “personal information” as defined in Chalkboard Privacy Policy and/or the Data Privacy Act of 2012 for Philippine based tutors and ‘personal data’ is the entryway to the application of the General Data Protection Regulation (GDPR) outside of Philippines. Only if a processing of data concerns personal data, the General Data Protection Regulation applies.

4. Interchange with Users and Delivery of Services

You are solely responsible for your interchange with the users of the Chalkboard platform. You understand to exercise all reasonable and necessary precautions in all interchanges with the users of the Chalkboard platform since Chalkboard does not screen potential clients of the platform.

You will not send messages or communications that are rude or abusive or in any other way disrespectful, or unfavorable and illegal manner as prescribed in the Service Etiquette and Penalties policies. Any violation thereof would not only result to Chalkboard’s right to evaluate your compliance with the Service Etiquette and Penalties policies, but may pursue higher level of legal proceedings depending on the gravity of the offense.

You are solely responsible for all the instructional content, communications, assistance, and direction that you provide as part of the service which must be in accordance with the acceptable and recognized educational and teaching standards.

You will not broadcast nor record any tutorial sessions made in the Chalkboard platform without the written consent of the Chalkboard, concerned User and Clients. Failure to do so is a violation of Data Privacy Act of 2012 for Philippine based tutors and General Data Protection Regulation (GDPR) outside Philippines.

5. Probationary Period

New tutors shall be required to complete a probation period of three (3) months from the date of onboarding during which the Company shall have the opportunity to assess the suitability of the Tutor’s performance and conduct. At the end of three (3) months of continuous or accumulative service as an independent contractor, the Tutor will be advised of any deficiencies in their performance and abilities. If such Tutor is found to be unsatisfactory during the probation period, they may be terminated at any time during that period without notice or pay in lieu thereof. Tutors who pass the probationary period are considered bonafide Tutors.

6. Payment

Fees Payable in respect of your provision of the Services:

a. Is paid on a per hour basis in accordance with the number of hours or partial hours of Tutorial Services you provide at the hourly rates you established.

b. For cases where the parent or learner misses a session or has to cancel the session which leads to Tutorial Services not being rendered, the following payment scheme would generally be followed:

i. 100% payment if the learner misses the session (LEARNER NO SHOW).
ii. 100% payment if the session has already started when the reschedule or cancellation request was received from the parent or learner (CANCELLED-100)
iii. 50% payment if cancellation was made 4 hours or less before the session is due to start (CANCELLED-50)
iv. 0% payment if cancellation was made more than 4 hours before the session is due to start (CANCELLED-0)

c. Is inclusive of any and all applicable taxes for which you may be responsible.

d. Is subject to Chalkboard’s service fee

e. Is subject to any Bundle Discount that you agree to provide

f. Is subject to any penalty costs that may be incurred as a result of; being late, unfinished or incomplete sessions, or a No Show for any previously scheduled Tutor session as prescribed in the Service Etiquette and Penalties policies.

g. Is based on the agreed cut-off period (10th and 25th of the month)

In order to receive payment of Fees from Chalkboard, Tutor will be required to provide an account to Chalkboard. Fees Payable will be remitted to Tutor around the 15th and 30th of the month via your nominated account using Chalkboard’s third-party payment processor net of any tax, fees and penalty costs incurred. Tutor is solely responsible for ensuring that he/she will be able to receive and withdraw money from his/her nominated account.

Please note that if a Tutor Payment sent by Chalkboard to you in accordance with these Tutor Terms & Conditions is later invalidated or reversed for any reason (e.g. a User requests a refund), you will be liable to Chalkboard for the full amount of such Tutor Payment that Chalkboard sent to you and any fees related thereto. This means that you will be responsible for reimbursing Chalkboard in the event of a chargeback, reversal of payment or other claim by a User in this regard. We may void or withhold payments for: (1) breach of these Tutor Terms & Conditions, (2) suspected fraudulent activity (including, without limitation, purporting to complete more tutoring minutes than is possible within a given period of time), (3) failure to timely provide tax information necessary for withholding, or (4) if the User requests a refund or submits a chargeback request.

7. Taxes

Tutor shall pay all the necessary and required taxes incurred while performing services under this Agreement —including all applicable income taxes inside and outside the Philippines.

If the Chalkboard has to pay any such tax then the Tutor agrees to pay back or reimburse the Chalkboard in full, any money that the Chalkboard has to pay. Tutor also agrees to pay back or reimburse the Chalkboard for any fine or other punishment imposed on the Chalkboard because the appropriate taxes/fees were not paid by the Tutor.

Tutor agrees to allow Chalkboard to withhold taxes when deemed appropriate pursuant to tax laws.

8. License/Permission Granted by Tutor

Chalkboard may, in our sole discretion, permit users of the Services in writing to post, upload, publish, submit or transmit Content. By making available any Content on or through the Site or Services, you hereby grant the following license to Chalkboard, which Chalkboard may exercise solely in connection with the Services, including promotion of the Services, directly or directly by intermediaries: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to other users of the Services (including Users and other Tutors, as applicable), to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit academically such Content. Chalkboard does not claim any ownership rights in any Content provided by users of the Services or Site and nothing in these Tutor Terms & Conditions will be deemed to restrict any rights that you may have to use and exploit any of your Content.

Chalkboard may record live lessons that you provide to students in connection with your provision of Tutorial Services with or without your consent. You hereby grant to Chalkboard an irrevocable, worldwide, royalty-free, exclusive license to use any such recorded live lessons for all business purposes, including for marketing purposes, and you hereby grant Chalkboard permission to use your voice, image, name, and likeness to the extent that the same are encompassed or embodied within such recorded live lessons. You acknowledge and agree that you are solely responsible for all Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Chalkboard the rights in and to such Content, as contemplated under these Tutor Terms & Conditions; and (ii) the Content, your posting, uploading, publication, submission or transmittal of it, or Chalkboard’s use of the Content (or any portion thereof) on, through or by means of the Site or Services will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

9. General Prohibition and Requirements

You agree and commit not to do any of the following:

Post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; (viii) other analogous and similar acts.

You also agree not to:

a. Conduct yourself in an unprofessional manner, including, without limitation, using profanity or other objectionable language with users.

b. Violate the Service Etiquette, including, without limitation, helping a student to cheat, completing graded assignments for a student, etc. Engage in conduct that could artificially impact your reviews on the Site or Service, including, without limitation, unnecessarily splitting Tutor lessons/sessions to get multiple reviews for what should have been a single lesson/session, incentivizing users to provide positive reviews, intimidating users associated with their review, etc.

c. Engage in any form of plagiarism.

d. Engage in any conduct with the intent or result to trick the Service or Site to garner additional payments.

e. Engage in any fraudulent activity in connection with the Service or Site, including, without limitation, accepting payment for lessons/sessions that did not occur, allowing multiple lessons/sessions to occur simultaneously, etc.

f. Share any Accounts or accounts with Third-Party payment services with anyone

g. Attempt to become a Tutor on the Service after being deactivated or terminated.

h. Use, display, mirror or frame the Site, or any individual element within the Site or Services, Chalkboard’s name, any Chalkboard trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Chalkboard’s express written consent;

i. Access, tamper with, or use non-public areas of the Site, Chalkboard’s computer systems, or the technical delivery systems of Chalkboard’s providers;

j. Attempt to probe, scan, or test the vulnerability of any Chalkboard system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Chalkboard or any of Chalkboard’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;

k. Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Chalkboard or other generally available third-party web browsers;

l. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

m. Use any meta tags or other hidden text or metadata utilizing a Chalkboard trademark, logo URL or product name without Chalkboard’s express written consent;

n. Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Tutor Terms & Conditions or any other policies applicable to use of the Site, Services or Collective Content;

o. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;

p. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;

q. Interfere with, or attempt to interfere with, the access of any user, host or network,

r. including, without limitation, sending a virus, overloading, flooding, spamming, or mail- bombing the Site or Services;

s. Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

t. Impersonate or misrepresent your affiliation with any person or entity; Provide to Chalkboard or use as your profile image any fake image or images of celebrities, cartoons, or avatars;

u. Violate any applicable law or regulation; or

v. Encourage or enable any other individual to do any of the foregoing.

w. Other similar and related acts which are prejudicial and damaging to the interest of Chalkboard.

In addition to the above, you agree that you:
x. Will comply with all applicable local, national and foreign laws, treatises and regulations in connection with your provision of Tutorial Services.

y. Are solely responsible for the content of the communications, assistance and direction that you provide as part of the Tutorial Services.

z. Are solely responsible for all equipment necessary to access and use the Site and Services and to provide Tutorial Services. If we determine that there have been, or receive reports of, repeated technical issues with your provision of tutoring services, we may suspend, cancel or terminate your Account.

aa. Will not record or otherwise store any Tutorial Service sessions or Content that you access or provide through the Site or Services (except as expressly permitted by Chalkboard in writing)
Chalkboard will have the right to investigate and prosecute violations of any of the above to the fullest extent permitted by applicable law. Chalkboard may involve and cooperate with law enforcement authorities or third parties in investigating and prosecuting the users who violate these Tutor Terms & Conditions or any other policies applicable to use of the Services. Chalkboard acts as a technology service that facilitates the provision of Tutorial Services between Tutors and Users. You acknowledge that Chalkboard has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Tutor Terms & Conditions or any other policies applicable to use of the Services, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Chalkboard reserves the right, at any time and without prior notice, to (i) remove content from the Service at any time for violations of these Tutor Terms & Conditions or other policies applicable to use of the Service; (ii) give a Tutor the opportunity to amend content it believes to be in violation of these Tutor Terms & Conditions or other policies applicable to use of the Service.; and (iii) take appropriate action against a Tutor. Nonetheless, you agree that, to the fullest extent permitted by applicable law, Chalkboard is not responsible for any User Content or any Tutor’s failure to comply with these Tutor Terms & Conditions or other policies applicable to use of the Service. Without limiting the terms of the “Limitation of Liability” section below and to the fullest extent permitted by applicable law, Chalkboard is not responsible for the use or exchange of any information, files or goods between Tutors and Users.

10. Termination and Account Cancellation

Chalkboard reserves the right to suspend, disable, cancel or terminate your Account and revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause, including, without limitation, if you breach these Tutor Terms & Conditions. In the event Chalkboard terminates your Account due to your breach of these Tutor Terms & Conditions or violation of any law, you will remain liable for all amounts due hereunder and consequences of your unauthorized and illegal activities. You may cancel your Account at any time through the platform or by sending an email to support@chalkboard.com.ph.

If your account is suspended and you apply to be reinstituted as a Tutor on the Service, Chalkboard is under no obligation to honor such request but may do so in its sole discretion and in accordance with all Chalkboard policies, procedures, or requirements for reinstitution applicable at that time.

11. Rolling Period

The rolling period in case any violation or offense is committed means that after a written warning is issued for such an occurrence, a period of months of close monitoring shall begin. If at the completion of the period no other violation or offense is committed, then close monitoring shall cease, and disciplinary records may be deemed reset to zero but shall remain part of the Tutor’s incident records.

Tardiness and No Show offenses have a three (3) months rolling period.

12. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CHALKBOARD NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TUTOR TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHALKBOARD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL CHALKBOARD’S AGGREGATE LIABILITY ARISING OUT OF GROSS NEGLIGENCE OR IN CONNECTION WITH THESE TUTOR TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE TUTOR PAYMENT AMOUNTS CHALKBOARD HAS PAID TO YOU IN CONNECTION WITH YOUR PROVISION OF TUTORIAL SERVICES VIA THE SITE AND SERVICES OR FIVE THOUSAND PESOS (PHP5,000) (WHICHEVER IS GREATER). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CHALKBOARD AND YOU.

THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT CHALKBOARD’S OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE CHALKBOARD’S LIABILITY FOR SERIOUS PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY CHALKBOARD, OR FOR CHALKBOARD’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. OTHERWISE, CHALKBOARD SHALL NOT BE LIABLE FOR ANY FAULT OR DAMAGE FOR ANY CAUSES BEYOND ITS CONTROL.

THE PARTIES ALSO AGREED THAT CHALKBOARD SHALL NOT, IN WHATEVER MANNER, BE HELD LIABLE FOR ANY AND ALL KINDS OF ACTS OR OMISSIONS BY A TUTOR, USER AND/OR ANYONE WHO HAS ACCESS TO CHALKBOARD’S ONLINE PLATFORM THAT CAUSES ANY FORM OF DAMAGE OR LIABILITY TO ANY PERSON. IT IS FURTHER AGREED THAT ANY DAMAGE, LIABILITY OR CLAIM IN RELATION TO THE SAID ACTS/OMISSIONS SHALL BE THE SOLE RESPONSIBILITY OF THE PERSON/S WHO CAUSES THE SAME. THE RESPONSIBLE PERSON/S ALSO UNDERTAKES TO COMPENSATE CHALKBOARD FOR ANY DAMAGE OR LOSS THAT IT MAY SUSTAIN AS A RESULT OF THE SAME ACTS/OMISSIONS. SUCH COMPENSATION TO CHALKBOARD SHALL BE DETERMINED BY RESPECTIVE COURT WHERE THE TUTOR IS BASED.

13. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Tutor Terms and Conditions, will be in writing and given: (i) by Chalkboard via email (in each case to the email address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. It is only the email that you utilized in accessing the Chalkboard shall be recognized as your official email to which any notice will be sent.

a. Tardiness warning will be given to Tutors for all instances of Tardiness. First and second offense shall be written warnings, while succeeding Tardiness offenses correspond to written warnings in the form of Notice to Explain (NTE).

b. All No Show offenses correspond to written warnings in the form of Notice to Explain (NTE).

c. Tutors must respond to Notice to Explain (NTE) notices within 48 hours from the time the email notice was sent to concerned parties.

14. Execution in Good Faith & Resolution of Disputes

The Parties are fully aware that this agreement is made in good faith and based on their trust and confidence in each other. They also agree to resolve any disputes that may arise from this agreement by way of reasonable discussion and amicable settlement. However, if a dispute remains unresolved for thirty days from the time it was presented in writing to the other party, the aggrieved party shall resort to arbitration in accordance with the Republic Act 9285 otherwise known as the Alternative Dispute Resolution Act of 2004 (Alternative Dispute Resolution Act of 2004). Venue of arbitration shall be in Subic Bay Freeport Zone to the exclusion of other venues. The dispute shall be presented to a sole arbitrator jointly chosen by the parties whose decision shall be final and binding unto the parties.

15. Offenses and Penalties

This table provides a list of common infractions, along with a suggested range of penalties for each; it does not presume to cover all possible offenses, nor does it mandate the use of specific penalties in most disciplinary situations. The range of penalties described in the table is intended to serve as a guide to discipline, not a rigid standard, and deviations are allowable for a variety of reasons. Greater or lesser penalties than suggested may be imposed as circumstances warrant, and based on a consideration of mitigating and aggravating factors. Chalkboard management must exercise reasonable judgment and consider all relevant factors in determining the most appropriate corrective action for each situation.

a. Table of Offenses and Penalties