USER AGREEMENT

This USER AGREEMENT (as defined herein) is made by and between You (as defined herein) and TutorsTeach.Com, Inc. ("TutorsTeach", presented in this website PayForTutoring.net/PayForTutoring.com). This Agreement shall govern the terms and conditions of engaging TutorsTeach’s Services.

You must read and accept the conditions set forth herein and the Terms of Use of TutorsTeach.com website. TutorsTeach reserves the right to amend this Agreement at any time by posting a revised version on the website which amendments shall by in full force and effect at the time of posting. The User (as defined herein) shall be notified at least thirty (30) days in advance of any revisions to this Agreement which constitute a Substantial Change via a notice posted on the website under "Policy Updates."
DISCLAIMER
TutorsTeach advises you to read this document carefully to get a thorough understanding of the Services TutorsTeach offers and how the process works.
We make no representations express or implied with respect to the degree of success that you will garner as a result of the tutoring you receive as we have no control over the tutoring services or tutors rendering such service.
Definitions
a) "ACH" means the Automated Clearing House Network
b) "Account" or "TutorsTeach Account" means the tutor’s (or the student’s/parent’s) personal account with TutorsTeach
c) "Agreement" mean this agreement and all amendments hereto
d) "Authorize" or "Authorization" means you authorize TutorsTeach to collect payment for its services directly from your Account or to deposit into your Account
e) "Business Days" means Monday through Friday, excluding federal holidays
f) "Card Funded Payment" means a payment that is fully or partially funded through a credit card, debit card, a check or checking account or student or parent checking account or credit card.
g) "Card Processing Agreement" refers to the agreement between commercial entities and TutorsTeach’s payment processor(s)
h) "Chargeback" means a request that a student or a parent files directly with his or her credit card company or bank to invalidate a payment
i) "Confirmed Address" means a address that has been reviewed by TutorsTeach and found highly likely to be that of the User
j) "Customer Service" refers to TutorsTeach’s customer support which can be accessed online at anytime, or by calling (212) 380-1209 or 1-888-208-3224 (888-20-TEACH).
k) "Fees" means those amounts stated in section 6 of this Agreement
l) "Information" means any confidential and/or personally identifiable information, including but not limited to names, email addresses, residence addresses, phone numbers and financial data
m) "Payment Review" refers to the process described in section 4 of this Agreement
n) "TutorsTeach," "we," "us" or "our" means TutorsTeach.com, Inc. and its subsidiaries and affiliates (for example PayForTutoring.net or .com)
o) "Personal Account" means an Account used for non-business purposes and used primarily for personal, family, or household purposes.
p) "Policy" or "Policies" means any Policy or other agreement you and TutorsTeach entered into on the TutorsTeach or this website, or in connection with your use of our Services.
q) "Recurring Payments" means a payment for which you have provided advance Authorization to a merchant to charge your TutorsTeach Account directly on a one-time or regular basis in accordance with your agreement with the merchant. Recurring Payments are sometimes called "subscriptions", "automatic payments" or "preapproved payments".
r) "Reserve" means a percentage of the funds received into your Account that we hold in order to protect against the risk of reversals, Chargebacks, claims or any other liability related to your Account and/or use of our Services.
s) "Restricted Activities" means those activities described in section 7 of this Agreement.
t) "Tutor" and "Student" are used interchangeably and mean a User who provides tutoring services and utilizing our Services to receive payment; and a student or a parent paying for the tutoring services they have received using the TutorsTeach.com or any other website or source at which they have found a tutor.
u) "Service" or "Services" means all payment services and related products available through www.TutorsTeach.com and www.PayForTutoring.net (or .com).
v) "Substantial Change" means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.
w) "User," "you" or "your" means you and any other person or entity using our Service and website.
I   General
1.1 TutorsTeach - Tutor and Payment Service Provider. TutorsTeach helps you make payments to Tutors and accept payments from third parties such as parents, Students, tutees etc.. TutorsTeach is an independent contractor for all purposes, except that you authorize TutorsTeach to act as your agent with respect to the custody of your funds. TutorsTeach does not have control of or liability for the tutoring or teaching services that are paid for utilizing our Service. TutorsTeach makes no representations regarding the identity of the parties or that they will complete the transaction pursuant to the terms agreed upon between the Tutor and Student or parent, as applicable.

1.2 Your Privacy. Protecting your privacy is very important to TutorsTeach. Please review our Privacy Policy located at TutorsTeach.com website and this site in order to better understand our commitment to maintaining your privacy, and the manner in which we use your Information.

1.3 Privacy of Others. If you receive Information about another User, you must keep the Information confidential. You may not disclose or distribute a User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so.

1.4 Intellectual Property. "TutorsTeach.com", "PayForTutoring.net", and all related websites, products, content and services described on our websites are registered trademarks of TutorsTeach or its licensors. You may not copy, imitate or use them without TutorsTeach's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of TutorsTeach. You may not copy, imitate, or use them without our prior written consent.

1.5 Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without TutorsTeach's prior written consent. TutorsTeach reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

1.6 Notices to You. You agree that in the event that TutorsTeach is required to give you notice, we may do so by posting it on our website, sending it to the email address associated with your Account, or mailing it to the address associated with your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you upon being delivered to a United States Post Office box or branch. TutorsTeach reserves the right to close your Account if you withdraw your consent to receive electronic communications.

1.7 Notices to TutorsTeach. Except as otherwise stated below in section 8 (Disputes with TutorsTeach) and except errors and unauthorized transactions, notice to TutorsTeach must be sent certified mail to TutorsTeach.Com, Inc., 2244 Bronx Park East Suite 6L, Bronx, NY 10467.

1.8 Calls to You. You hereby consent to receive calls or messages from TutorsTeach at the phone number and email address registered with us.

II   Eligibility and Identity Authentication.
2.1 Eligibility. To be eligible for our Services, you must be at least 18 years old and a resident of the United States.

2.2 Identity Authentication. You authorize TutorsTeach or its agents, to make any inquiries we consider necessary to validate your identity. This may include requesting additional Information from you, confirmation of ownership of your email address or financial instruments, ordering a credit report and verifying your Information against third party databases or other sources.

III   Sending Money — Paying for Tutoring Services
3.1 Sending Limits. We reserve the right to impose limits on the amount of money you can send through our Service. In event that we exercise this right we will notify you via email, fax or phone call.

3.2 Default Payment Sources and Limitations. Payments made by you will be charged to a Debit card, Credit card or checking account (an electronic check) (the "Payment Sources"). In order to manage risk, TutorsTeach may limit the Payment Sources available for a transaction. In the event that we elect to limit the Payment Sources, we will alert you of the same. Such a notice does not mean that either party to the transaction is acting in a dishonest or fraudulent manner. Rather, it means there may be a higher-than-normal level of risk associated with the transaction.

3.3 Recurring Payments. If you have set up a Recurring or Automatic Payment, you must fax us a completed consent form, authorizing TutorsTeach to bill you accordingly, at 212-380-1209 or our toll-free number: 888-208-3224.

3.4 Refused Transactions. You hereby acknowledge that when you pay for services rendered, the recipient is not required to accept it. You agree that you will hold TutorsTeach harmless for any damages resulting from a recipient's decision not to accept a payment made through the Service. We will return any unclaimed, refunded or denied payment to you within thirty (30) days of the date you initiate payment.

3.6 Canceling Recurring Payments. You may cancel a Recurring Payment at any time upon three (3) Business Days notice prior to the date the payment is scheduled to be made. Such notice must be emailed or fax to us.

3.7 Debit Card Processing. If you use a debit card, TutorsTeach will process all payments made using your debit card through the Visa/MasterCard network (hence no PIN is required).

3.8 Tutoring Expectations. Don’t show up for your tutoring sessions filled with expectations of getting the highest score. Instead, expect that after the tutoring and after you’ve finished your exam or graduated from your class, you may not be getting the wished-for "A" or "B+" etc. You might get a "C-". What will you do then? How will you feel? Will you blame your tutor for your lower grade? Will you expect to be refunded? Ask your tutor all these questions before tutoring begins! You will then know exactly what to expect and how to proceed with your tutor.

Be aware that additional work at home, post tutoring, will be required of you. Getting as much practice as you can will help you perform better in school. Do not rely solely on the tutoring to help you better yourself in school!

IV   Payments to Tutors.
4.1 Form of Payment. Tutor will be paid every two weeks via check at the address listed with us; or within a week (typically less) via a direct deposit into your checking account, less our four (4%) percent fee for TutorsTeach’s Services. Be advised that we will endeavour to transfer payment to you electronically. But if you bank does not accept electronic payments, we will have no other choice but submit paper check to you.

4.2 Types of Payments. All payments are made for tutoring purposes only and only for your tutoring students or tutees who select our payment service (though, students can come through us or through other sources). You agree to not use our Services for any other type of service or goods other than for your tutoring.

4.3 Payment Review. Payment Review is the process by which TutorsTeach reviews certain potentially high-risk transactions. If a payment is subject to Payment Review, TutorsTeach will place a hold on the payment and provide notice to the tutor as soon as we know about it, alerting them to delay rendering his/her tutoring services to the student/s. We will conduct a review and either clear or cancel the payment. If the payment is cleared, TutorsTeach will notify the tutor to start his/her tutoring sessions. Alternatively, TutorsTeach may cancel the payment in which case the funds will be returned to the Student or parent.

We do not guarantee that any payment made by a Student/parent will be completed or cleared. TutorsTeach will provide you with notice by email and/or mail to apprise you of such transactions.

4.4 Risk of Reversals, Charge-backs and Claims. When you receive a payment, you are liable to TutorsTeach for the full amount of the payment plus any Fees that may apply in the event that the payment is later invalidated for any reason. You agree to permit TutorsTeach to recover any monies due to us by debiting your Personal Account. If there are insufficient funds in your Personal Account to cover your liability, you agree to reimburse TutorsTeach within ten (10) days.

Be advised that the credit card issuer, not TutorsTeach, will determine who wins the Charge-back.

4.4.1 How to avoid Charge-backs and parents (or Students) invalidating their charge. You can avoid charge-backs by ensuring that your Student and/or parent(s) understand your arrangement with them. Understand their expectations and fully and completely express how you plan to fulfill those expectations. Specifically assert to the parents/Students that you do not make guarantees, express or implied, regarding any particular level of success. In addition, inform the Student/parent that you expect to be paid no matter what the student will score on their test, their class etc.

4.5 No Surcharges. You agree not to impose an additional fee for your tutoring services as a result of Students or their parents utilizing our Services.

4.6 Taxes. It is your responsibility to determine what taxes, if any, apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. TutorsTeach is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

V   Closing Your Account.
5.1 Closing Your Account. You may close your Account with us at any time by emailing, faxing or mailing us a written request in accordance with the provisions of section 2.7.

5.2 Limitations on Closing Your Account. You may not close your Account if the purpose or intent is to evade investigation. If you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 days to protect TutorsTeach or a third party against the risk of Reversals, Charge-backs, Claims, fees, fines, penalties or other liability. You will remain responsible for all obligations related to your Account even after the same has been closed.

5.3 Escheatment of Dormant Accounts. In the event that there is no activity on your Account for a period of one year, TutorsTeach may close your Account.

VI   Fees.
Our fee (commission), for the Services provided to the tutor is four (4%) percent. Said fee will be paid to us prior to remitting payment to the tutor for his/her tutoring services.
VII   Liabilities and Obligations
7.1 Your Liability. You are responsible for all Reversals, Charge-backs, Claims, fees, fines, penalties or other liability incurred by TutorsTeach, a User, or a third party caused or arising out of your breach of this Agreement. You agree to reimburse TutorsTeach, a User, or a third party for any and all monetary expenses or fees they incur as a result of your breach.

7.2 Actions by TutorsTeach. If you have or if we have reason to believe that you have engaged in any restricted activity (other than charging for your tutoring services), we will take all necessary measures to protect us, a User or a third party from Reversals, Charge-backs, Claims, fees, fines, penalties or any other liability. The actions we may take include but are not limited to the following:

a. We may close, suspend, or limit your Account or the Services (such as limiting access to any of your Payment Sources, and your ability to send money, make withdrawals, or remove financial Information);

b. We may contact students and/or parents who have used your tutoring services, your bank or credit card issuer, any of the three major credit bureaus, or law enforcement;

c. We may update inaccurate Information you provided us;
d. We may refuse to provide our Services to you in the future;
e. We may hold your funds for up to 180 Days if needed, in our discretion, to protect against the risk of liability; and
f. We may take legal action against you.

TutorsTeach, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason, upon notice to you. If TutorsTeach elects to terminate this Agreement we will pay you any unrestricted funds held by us on your behalf.

7.3 Acceptable Use Policy Violation - User Fines. Violation of the Acceptable Use Policy may result in our holding of your funds for up to 180 Days, a fine up to $2,500.00 USD for each such violation and the commencement of legal action against you to recover additional losses incurred by us.

You also agree that TutorsTeach may deduct such fines directly from your Personal Account, or any other TutorsTeach Account you control.

VIII   Disputes with TutorsTeach.
8.1 Disputes by the students or the parents. You are responsible for all disputes your students and/or their parents implement against TutorsTeach including but not limited to all fees associated with said disputes.

8.2 Litigation and Improperly Filed Claims. All litigation or arbitration commenced against TutorsTeach and its affiliates shall brought in the Bronx or New York Counties in the State of New York.

You hereby agree that any claims filed by you in contravention of this sub-section shall entitle TutorsTeach to attorneys’ fees and costs (including in-house attorneys and paralegals), provided that TutorsTeach has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the same.

8.3 Preservation of Right. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

8.4 Limitations of Liability. IN NO EVENT SHALL WE OR OUR EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT. In the event that this limitation on damages is applicable due to state law the following limitation shall apply - OUR LIABILITY, AND THE LIABILITY OUR EMPLOYEES, TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

8.6 License Grant. TutorsTeach and its licensors grant you a limited nonexclusive license to use TutorsTeach’s software (incl. this website) in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights to a third party. You must comply with all use requirements specified in the TutorsTeach documentation that accompanies our Services. If you do not comply with TutorsTeach’s use requirements you will be liable for all resulting damages suffered by you, TutorsTeach and third parties.

You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to software used on the website is owned by exclusively by TutorsTeach.

8.7 Indemnification. You agree to defend, indemnify and hold harmless TutorsTeach, its officers, directors and employees from any claim or demand (including attorneys fees) made or commenced by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.

8.8 Assumption of Rights. If TutorsTeach pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that TutorsTeach assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in TutorsTeach's discretion.

8.9 Release of TutorsTeach. If you have a dispute with one or more Users, you release TutorsTeach (and our officers, directors, agents and employees) from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

8.10 Miscellaneous. TutorsTeach does not guarantee continuous, uninterrupted or secure access to any part of our Service, and operation of our site may be interfered with by numerous factors outside of our control. TutorsTeach will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but TutorsTeach makes no representations or warranties regarding the amount of time needed to complete processing.

8.11 Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

8.12 Complete Agreement. This Agreement sets forth the entire understanding between you and TutorsTeach with respect to the Service. All sections, as well as any other terms which by their nature should survive, will survive the termination of this Agreement.

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