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Tutor Services Agreement

SevenEssays.com TUTOR SERVICE AGREEMENT

*SevenEssays.com is owned and operated by Seven Essays   and will be referred to as such throughout the remainder of this policy. Last Updated: 17 August 2010

  1. The Agreement

To become a tutor for Seven Essays   (referred to as we, us, our or Seven Essays   within the remainder of this document), you MUST accede with the following agreement. Seven Essays   provides a marketplace for tutorials through the internet website of https://www.sevenessays.com (referred to as ‘the site’ herein). Tutors provide solutions and answers for questions and problems submitted through our Ask a Question service, Get an Ox service and Free Milk Forum provided through the site. The product of these services will be referred to as tutorials and tutor work interchangeably herein.

CAREFULLY READ THIS AGREEMENT PRIOR TO SUBMITTING YOUR APPLICATION.

By submitting your application to SEVENESSAYS, you are agreeing to be legally responsible for complying with our terms and conditions of this agreement, theTerms of Service, the Integrity Policy, as well as our Copyright Violation Policy —acknowledging that you have both read and understood each of said policy and agreement.
Upon your acknowledgement and agreement with these Terms, all use of the site—current and future—must comply. Terms may be revised and it is your responsibility to stay vigilant and aware of any changes. If you are found in violation of any of the terms laid out in this agreement your contract with Seven Essays   can or will be terminated. Details of these procedures and circumstances are laid out later in this agreement.

  1. Qualifications
    Are you qualified? Tutors are the crux of our business; therefore we take the selection of tutors seriously. To become a tutor with Seven Essays you must be able to prove that you have graduated in your field of study from an accredited college/university as well as any further information we may ask for verification and evaluation purposes.
  2. The Relationship

Tutors do not become employees of SEVENESSAYS, rather they work as Independent Contractors—providing Seven Essays   with tutorials for a limited period of time on an as needed basis. All tutorials submitted to Seven Essays   must be completed by the tutor themselves respecting all copyrights and all intellectual property rights and in adherence to the following:

  1. Work is completed on tutors own equipment and internet service
    b. Tutor determines when work is done and must be submitted before deadline
    c. Tutor may provide similar services elsewhere

Each tutor is working on their own behalf as an independent business. Tutors receive payments from Seven Essays   without any funds being held for income taxes, unemployment, insurance, or any other reason. Tutors are completely responsible for determining and paying their own taxes that are due in any jurisdiction of the world.

  1. Termination of Account

This agreement takes effect upon the submission of your acceptance as a tutor. This agreement will be effective throughout your duration of your time with SEVENESSAYS. You may terminate your services by submitting your departure in writing. Seven Essays   hold the right to terminate your account immediately if any of the following circumstances occur:

  1. If Seven Essays determines that the tutor has failed to fulfill any of the requirements laid out in this agreement; OR if Seven Essays   justifiably believes that the tutor has violated any laws or acted in a detrimental to the success of the site, students, SEVENESSAYS, any our associates or affiliates; OR if SevenEssays justifiably believes that the tutor has violated any intellectual property rights or copyrights or has suspicion to believe.
    e. If tutor notifies Seven Essays   that they wish to have their account terminated for any given reason.
    f. If tutor has not posted any tutorials within an uninterrupted five (5) month period.
    For whatever reason a tutor’s account is terminated the following shall take place: account will be deleted, after Seven Essays   has submitted last payment for monies owed for services (up to termination date) no further monies will be sent, accrued, payable or paid to tutor. Even after a tutor’s account is terminated they are still held accountable for the requirements herein. Even after the account is deleted, their posts and tutorials will continue to be available on the website (see 8).
  2. Your Location

Tutor may be located throughout the United States and other countries worldwide.

  1. Age and Undertakings

You hereby represent and assure to Seven Essays   all of the following:

  1. That you are legally considered an adult in the jurisdiction in which you reside and that you are within their rights and legality to enter into this agreement.
    h. That you meet all of the qualifications laid out in this agreement.
    i. That the tutorials you will post in response to questions will be at an appropriate academic level for the asker of the question.
    j. All material posted by you will be your original work. Submitted work may not be copied from any other material posted on any of the Seven Essays sites, work created by another tutor, or tutorials previously posted by you. Outside work may be used to supplement your tutorials but cannot be the majority of your tutorial. All outside work used must be properly cited and credited to the original source.
    k. That you enter into this agreement without violating any other agreements in which you may be a member. You represent and assure that this agreement does not violate any employment agreement with your university or college—whether you are employed or a student.
    l. You acknowledge and agree that:
    a’. Neither your use of the site nor the communication sent through the site can be guaranteed as the internet is not a secure medium.
    b’. Your communications with Seven Essays   may be vulnerable to unauthorized access, interception, delays and data corruption due to the nature of the internet.
    c’. Tutorials submitted by tutors and the content of the site may be changed by Seven Essays   at any time without notice.

You acknowledge and agree that while the security efforts of Seven Essays   and its partners are at par with industry practice, we cannot ensure your privacy, secrecy and security since our information courses over the Internet. Seven Essays   cannot and will NOT BE responsible or accountable or answerable for any loss of your privacy, stealth of your information (or disclosures), harm due to, damage or loss that may result from the transmission of information in connection with your use of our website. You also fully understand that any information or data entered in your public profile on SevenEssays.com site, will be entirely, word or word (or represented) available and freely accessible to, and viewable by, the general public through an internet connection or network.

  1. Your role; SevenEssays.com Services

1 Upon receipt of an order – You consent to receive email notifications or otherwise (including via phone) and respond accordingly with tutorials that you have developed. Your tutorial should be detailed and include an easy to follow step format, showing all calculations and steps that are essential to a student’s understanding. Your work must be the best possible response you can provide to the question and must be accurate and correct to the best of your learning and capability. You may only answer questions that you can confidently and accurately provide a tutorial on. If you are not familiar with the problem simply do not respond.
2 Returning a Question- If for any reason you feel you are unable to provide an accurate, high quality tutorial for a question mailed to you, just don’t respond. If you determine you cannot help for any reason whatsoever – AFTER you have accepted to work on the question, immediately notify Seven Essays   at the following email address: notifications AT SevenEssays.com
3 PAYMENT: Payments for a question(s) to you can be only made if the student chooses to pay Seven Essays   for the particular question. If the payment is withdrawn/defaulted upon/cancelled by the student for any reason – regardless of the quality of the solution prepared by you, there shall be no payment made to you by us. Additionally, spurious work by the tutor – including sub-standard, incomplete, duplicate, violating our Terms, or falling short of any of our expectations, shall be deleted from the website and no payments concerning such solutions shall be made to the tutor. Seven Essays   reserves the right to refund any student for any reason whatsoever. In such cases no payment will be transmitted to the tutor for the work. Our sole discretion applies to determining the quality of the work – and if we will choose to keep make it available on the website.

Other procedures include:

  1. Compensation will only be granted to those tutorials that are purchased by a student. Students will also receive the opportunity to rate your tutorial. If you feel the student has rated you unfairly you may make a claim to Seven Essays who will investigate. If it is found that you were unfairly given a poor rating, the rating will be removed. Seven Essays   holds the right to remove any content or tutorial that it deems is unacceptable. When appropriated, as determined by SEVENESSAYS, a student may be given a refund of Seven Essays   credits for the tutorial and you will not be paid for the work.
    n. You acknowledge and consent that you will be the only individual to create tutorials and to provide said tutorial through your account with SEVENESSAYS.
  2. Information Pertaining to Tutorials
  3. You consent to grant Seven Essays an exclusive, permanent, immutable, unalterable, global license to use all of your tutorials in any manner we deem appropriate, in consideration of the compensation guidelines incorporated in this agreement. Without limiting the platitude of the preceding, Seven Essays   may reproduce your work, or any part thereof, in any media and incorporate it in other works, including but not limited to SEVENESSAYS’s other websites, business enterprises, third party websites or other publication avenues. You admit, understand and concede that you have no financial or other interest of any sort, by copyright or otherwise, in any such works created by Seven Essays   or any of its affiliates, partners or employees deriving from your original work while rendering services at SevenEssays.com. SEVENESSAYS’s rights and privileges herein may be sold, donated or sub-licensed to third parties of any background in the sole discretion of SEVENESSAYS, as and when we decide, not according any credits or financial interests or interests of any kind whatsoever to you or any notification to you. You hereby agree to relinquish your moral rights, if any, in your tutorials or work done for SevenEssays.com. You understand that your being active on the website or not being active, being a user or not – has no bearing upon any provisions in this point.
  4. You MUST not infringe upon any copyright other than those you own. This includes but is not limited to refraining from copying any part of work from another individual or organization consisting of assignments, articles, textbooks, websites or any other sources whatsoever. In spite of this, Seven Essays holds the right to edit/change your work as we deem necessary to ensure that this policy is followed and met continually. Violations will result in termination of your account.
  5. You must and shall respect the privacy of all users on the site – including students. You may not, under any circumstances, communicate directly with other users or make an attempt to, unless you have direct clearance from Seven Essays staff. You shall not communicate any user information with anyone other than us—including the user’s e-mail address, university or college, or field of study. You may not communicate any of your direct contact information to users. Violation of this policy could IMMEDIATELY result in an account termination, and impounding of all your remaining balances as damage reparations – and money spent on staff to investigate and repair the damages caused by you.
  6. DELETING/MODIFYING CONTENT: Seven Essays reserves the right to edit the content of your submitted tutorials for any reason whatsoever. Through this document you also acknowledge that all work submitted to Seven Essays   as a tutor is true and is not invasive of any person’s intellectual property rights or person’s privacy. You also accede that your work will not contain any falsified information, or anything obscene, pornographic, vile, threatening, defamatory, hateful, harassing, or that violates any law or is inappropriate for the services offered by us. You will not include any type of solicitation in the tutorials you submit to SEVENESSAYS. After reviewing our Copyright Violation Policy you acknowledge and understand that all tutorials and content you submit to Seven Essays   will be subjected to this policy located here:(http://SevenEssays.com/about/copyright-policy). Additionally you understand that any tutorials you submit to SevenEssays.com may not be deleted under any circumstances unless deemed necessary by the site’s administrators upon their sole discretion. You also understand fully that you may financially benefit from the tutorials you submit for only as long as you choose to be a member of the website – unless removed or banned from the site for violation of any of the rules contained herein or the Terms of Use, Integrity Policy or the Copyright Policy. Once the relationship between you and the website is terminated the tutorials you have uploaded will continue to be a part of the content on the website to ensure uninterrupted tutelage to customers, and you will have no financial or other interests in them. By agreeing to these terms and conditions you fully understand this condition.
  7. All of the site’s contents—images and text whether graphical representations or logos or promotional images, media such as audio & video files, and the coding of the website is the property of SEVENESSAYS, or of third parties that have shared or licensed materials to us. All of this property is protected by United States and international intellectual property laws. Without SEVENESSAYS’s written permission – no data of any kind (including but not limited to the above) from our website can be used, reproduced, directly copied, published at an other location, shared or transmitted through any other means than served by SevenEssays.com’s dedicated servers. Any non permitted uses constitute violations of regional, federal and international copyright and intellectual property laws.
  8. Trademarks

All trademarks are registered property of their respective owners.

  1. Payment policies of SevenEssays.com:
  2. Payment is due to you following the continued acceptance of your submitted work by Seven Essays – and a completed payment by a student that purchased your work. Payments take atleast 30 business days to process – the time frame could even be over 30 days or under 30 days as deemed possible by us – and may vary with transactions, counted from the day the request for a payment is received by us. The time allows us to make sure that there has not been a cancellation of the payment by the student, that the student is satisfied by the tutorial he bought from you and there is no demand for a refund from the student. Currently Seven Essays   uses PAYPAL and no other means to disburse payments to tutors (barring certain exceptions where payment may be made via a mutually acceptable alternative).
    u. You will not receive any contribution toward your payment from us for a cancelled tutorial, or in cases where there has been an accepted demand for a refund by a student that bought your work or in those cases where we need to step in to make modifications to your work to make it comply with intellectual property or copyright laws. If you do not accept this condition, your only recourse is to immediately request a termination of your account and stopping use of the website.
    v. The calculation of payments to our tutors in respect of all tutorials and submitted work is calculated on a case by case basis—which may be revised by Seven Essays   from time to time:

1 Experience: Awards or payments are typically higher for experienced members of our tutoring community. Years spent teaching and length of relationship with us are counted toward determining your award.
2 Rating: The cumulative rating of customers on SevenEssays toward your answers, posts and contributions may also have an impact on determining your award.

SevenEssays.com reserves the right to change the payment sought (or the cost) of any individual tutorial or all of the tutorials to optimise sales or otherwise.

Additionally to optimise the tutorials, Seven Essays   may require you to modify the tutorial in an way or form – format-wise or content-wise. Neglecting to follow these requirements in totality for any tutorial we notify you about, will lead to stopping of any payments to you earned through the tutorial in question or all of your tutorials.

  1. Seven Essays payments are calculated and payable in US currency – unless otherwise agreed between yourself and Seven Essays   upon awarding a tutoring contract.
    x. You acknowledge and accept that Seven Essays   reserves the right to accrue funds owed to you and defer payment until you are owed a minimum of $20USD.
    y. Until this agreement has been terminated you are eligible for payments for tutorials submitted based upon the guidelines laid out in section 10. Termination of eligibility coincides with the termination of this agreement. It is your responsibility to provide notice to Seven Essays   of your current e-mail address and payment information to complete such payments.
    z. Seven Essays   holds the right to deduct an administrative surcharge, in an amount that Seven Essays   deems reasonable, in order to recover any additional costs of making the Payments. Such deductions are handed down by payment processing companies, for example. This may be more for accounts outside the United States.
  2. Legal Representation

To the maximum extent permitted by law, you agree to defend, assure, and hold SEVENESSAYS, its interests, holdings, employees, licensees, affiliates and related companies, and any of their respective directors, officers, employees, consultants and agents, harmless from and against all claims – copyright or otherwise, liability of any kind, and expenses (or fines), including all legal fees and costs, arising out of your violation of any stipulation in this agreement. Seven Essays   reserves the right, under a circumstance, to undertake the absolute defense and regulation of any Seven Essays   tutor (or group of) acts, matter or case concerning you (or them) solely. You agree to co-operate as needed in the defense of any claim – copyright or otherwise.

  1. In Part Or In Whole

If any stipulation in this Agreement shall be found to be unenforceable by applicable law, then the affected stipulations will be deleted from the agreement. This cannot and will not mitigate or end the validity and applicability of the rest of the agreement.

  1. Changes to the terms

SEVENESSAYS reserves the right to make changes to the services, site and this agreement at any given time. In the event of any changes, you will be notified through email OR through a visible notice on the home page of the website OR both OR through any other contact methods we may have on file. You agree to read and review the terms contained herein (as well as the Terms of Service, the Copyright policy and the academic Integrity Policy) periodically and your visiting our website shall imply you conforming to this agreement even as it changes and grows.

  1. Notifications

Communications of ALL kinds directed toward Seven Essays   (or SevenEssays.com) — must be e-mailed to [email protected] and communications directed toward the tutor will be directed at the email we will find listed in your profile at the time of the communication. Communication may occur by other methods if mutually agreed upon over email – before the notice is sent. A tutor’s profile should reflect the most current email where contact is preferred. If there is a change in SEVENESSAYS’s contact email – a notification will be sent.

  1. Language

The language of communication and tutelage on the website is English (US). Accordingly all tutorials, submissions, notices, and interaction will be done in English for it to be valid.

  1. Independent Contractors

You understand that Seven Essays   is as an independent contractor in dealings with you (the tutor) – just as you are an independent contractor in your dealings with us. No party may enter into a legal contract on behalf of the other. There is no partnership implied or any other financial relationship existing save the one mentioned.

[  type=”warning”]17. Potential legal liability You must realize that: 1). SevenEssays.com is always alert toward notices of instances of copyright abuses on its system. Whenever there is a complaint or a suspicion, an investigation is triggered. The outcome may result in removal of such material and/or action against the abuser as deemed necessary and upon legal counsel. 2). SevenEssays.com is a ‘content provider’ that transmits or stores user content automatically generated by the two classes of it’s users: tutors and students, as defined under the Section 512 (c) of the Digital Millenium Copyright Act of 1998. 3). Therefore you may be legally liable for any damages arising out of any copyright infringement or intellectual property right infringement occurring through any of the material you posted or made available including but not limited to posts, comments, discussions on our forums, tutorials and files made available by you or attachments through the usage of the website, through email or by any other means including physical means BY the original holder of the copyright or the intellectual property owner. 4). In such a situation, to the maximum extent permitted by law, you agree to defend, assure, and hold Seven Essays  , its interests, holdings, employees, licensees, affiliates and related companies, and any of their respective directors, officers, employees, consultants and agents, harmless from and against all claims – copyright or otherwise, liability of any kind, and expenses (or fines), including all legal fees and costs, arising out of your violation of any stipulation in this agreement. [/ ]
18. Exclusive Agreement

This agreement and all it’s stipulations exist for the advantage of and to be obligatory upon the parties concerned or their legally appointed representatives. This agreement constitutes the entire agreement between the parties and supersedes any previous understandings and agreements between Seven Essays   and you, the tutor.

©Seven Essays   2010