Oxford Study Courses
TERMS & CONDITIONS OF ENGAGEMENT
FOR TUTORS by OXFORD STUDY COURSES (AUSTRALIA)
THIS AGREEMENT is made on 17th March 2017
PARTIES
1 / OXFORD STUDY COURSES (AUSTRALIA) PTY LTDACN 120 080 828
54 Stephenson Street
Cremorne, Victoria 3121
(“OSC”)
2 / (Insert Name of Tutor)
of [Insert address of Tutor]
(“Tutor”)
THE PARTIES AGREE THAT:
1 DEFINITIONS
1.1 “Agreement” means this agreement and any letter of appointment from OSC to the Tutor, including any job descriptions and policies of OSC which are notified to the Tutor from time to time save where those polices and job descriptions are inconsistent with this Agreement.
1.2 “Class” means the time and date during which a group of Students are taught by a Tutor according to OSC’s subject specifications or curriculum.
1.3 “Confidential Information” means:
1.3.1 the ideas, techniques, systems, processes, trade secrets, designs, inventions, methodologies and procedures developed by OSC;
1.3.2 information of OSC or any Related Entity to OSC relating to its business and business processes, including financial information, accounts, financial records, customer records, business plans, customer lists and all associated information;
1.3.3 all teaching materials, Class materials, study plans, class lists, teaching guidelines, reporting guidelines, reports, proposals, memoranda, drawings, diagrams, statements, accounts and other documents created during the course of the Tutor’s contract; and
1.3.4 all copies of any information referred to in this clause 1.3 (including anything composed and stored digitally whether or not it has ever been committed to paper) by either party in the course of the Tutor’s engagement embodying or based upon that information;
Confidential Information does not include any information which:
1.3.5 is already in the public domain at the time this Agreement is executed or which subsequently falls into the public domain lawfully and through no breach of any duty of confidentiality; or
1.3.6 is obtained by the Tutor lawfully and without breaching an obligation of confidence from a source other than OSC.
1.4 “Related Entity” has the meaning given to that expression in section 9 of the Corporations Act 2001 (Cwlth).
1.5 “Remuneration Rate” means the Tutor’s remuneration rate as set out in Schedule 1, or as varied by the written agreement of both parties.
1.6 “Students” means any person who has been accepted by OSC as a student.
2 CONDITIONS OF ENGAGEMENT
2.1 The Tutor is engaged on a casual basis by OSC to prepare for and teach the Classes and attend the meetings specified by OSC on the terms and at the Remuneration Rate set out in the Agreement.
2.2 OSC may from time to time provide the Tutor with a roster of:
2.2.1 the Classes it requires the Tutor to prepare for and teach; and
2.2.2 the meetings it requires the Tutor to prepare for and attend.
2.3 The Tutor acknowledges that the Tutor is engaged as a contractor, and as such has no entitlements other than in addition to those set out in this Agreement including leave, notice, redundancy or allowances. OSC has no obligation to offer the Tutor any work.
2.4 The Tutor warrants that the Tutor’s representations regarding the Tutor’s qualifications and experience are accurate in every respect. The Tutor acknowledges that OSC has relied on those representations in engaging the Tutor.
2.5 The Tutor must:
2.5.1 perform the duties set out in clause 3, and where applicable clause 4, of this Agreement and as otherwise directed by or on behalf of OSC;
2.5.2 submit an invoice to an authorised representative of OSC which specify the dates when the Tutor performed work pursuant to and in accordance with this Agreement.
2.5.3 be available to teach the Classes and attend the meetings notified by OSC;
2.5.4 provide OSC with reasonable notice if the Tutor is unable to teach the Classes and attend the meetings notified by OSC;
2.5.5 comply with all statutory and legal obligations applicable to the teaching of Classes including the rules, regulations and guidelines of the International Baccalaureate Organisation;
2.5.6 observe and comply with all lawful and reasonable directions, instructions, restrictions, policies, procedures, rules and regulations made or given by or on behalf of OSC, including all health and safety rules and procedures;
2.5.7 use the Tutor’s best endeavours to promote the interests and public image of OSC.
2.6 The Tutor must not make any statements, use language or act in any way which may offend other tutors or Students.
2.7 In the event of a breach by the Tutor of clause 2.6 of this Agreement OSC may ask the Tutor to withdraw from any Class or teaching engagement and OSC reserves the right to withhold further payment to the Tutor.
3 DUTIES
The Tutor agrees to the following:
3.1 To teach students on a Class basis in accordance with best practice for the contracted number of hours, reviewing the current syllabus in your subject and giving examination practice and advice on how to answer questions.
3.2 To set homework (2 hours per night) per Class and to use the Tutor’s best endeavours ensure it is completed by the Students.
3.3 To be available after Class for short informal discussions with students as required.
3.4 To provide past examination papers (pre-2017 ONLY) and the relevant teaching materials for students.
3.5 To be fully cognisant of the up-to-date International Baccalaureate Organisation regulations relating to the subject being taught, particularly with regard to the use of calculators.
3.6 To prepare materials for dissemination in Class. Photocopying of materials must be completed before Class and OSC will reimburse the Tutor for photocopying costs of up to $7 per student, per subject class taught by the Tutor. Where possible, receipts are required.
3.7 To attend teacher meetings (approximately one per course) as reasonably required by OSC.
3.8 To attend course meetings with students - welcome meetings, farewell meetings and others which may be called as required by OSC.
3.9 Residential tutors: To qualify for tax-free accommodation, resident tutors will need to be responsible for assisting the Dean of Students’ supervision of students in the area of college in which your room is located. This involves taking primary action to control noise at night or reporting offenders to the Dean.
4 OSC RESPONSIBILITIES
OSC agrees to:
4.1 Pay the Tutor the Remuneration Rate by electronic funds transfer to the account nominated by the Tutor. If OSC fails to make payment within one week of the final Class’s conclusion, for reasons beyond OSC’s reasonable control, this will not constitute a breach of this Agreement.
4.2 Provide to the Tutors the completed Subject Questionnaires received from students at least two weeks before the start of the class.
4.3 Provide suitable classrooms and teaching equipment (including whiteboards, pens, data projectors etc).
4.4 Reimburse the Tutors for photocopying done prior to the Class (up to $7 per student in each class), and provide photocopying facilities for use during the class.
4.5 Provide accommodation, breakfast, and morning tea and lunch each teaching day for those living too far to commute, as agreed in the letter of appointment.
4.6 Provide lunch and morning and afternoon tea to non-residential Tutors if required, as above.
5 GENERAL
5.1 The Tutor performs this Agreement at the Tutor’s risk. OSC does not carry insurance for personal injury, beyond the usual public liability insurance, nor insurance for loss or damage to personal property of either Tutor or Students. Household insurance policies usually cover belongings when you are outside the home but the Tutor is advised to take out normal travel insurance to cover travel hazards and medical fees. OSC does not provide travel or medical insurance for the Tutor.
5.2 OSC engages Tutors on contractor status and an Australian Business Number (ABN) for payment OR alternatively, a completed ATO Statement by a Supplier must be submitted.
5.3 The Tutor must not promote or procure any other person to promote any materials or publications to Students for the Tutor’s personal profit, without the written consent of OSC.
5.4 This Agreement is governed by and construed in accordance with the laws of Victoria and all dollar amounts are expressed in Australian dollars.
5.5 This Agreement:
5.5.1 constitutes the whole agreement between the parties; and
5.5.2 supersedes all prior representations, warranties, arrangements, understandings and agreements between the parties,
relating to the subject matter of this Agreement.
5.6 This Agreement may be executed in any number of counterparts and all the counterparts together constitute one and the same instrument.
5.7 This Agreement may only be altered in writing signed by the parties.
5.8 The parties agree that a construction of this Agreement that results in all provisions being enforceable is to be preferred to any other construction.
5.9 If, despite the application of clause 5.8, a provision of this Agreement is illegal or unenforceable:
5.9.1 if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are omitted; and
5.9.2 in any other case, the whole provision is omitted,
and the remainder of this Agreement continues in force.
6 INTELLECTUAL PROPERTY
6.1 Copyright and other intellectual property rights including registered and unregistered trade marks in any course materials provided by OSC, or any other documents, or papers it produces is vested in OSC and the Tutor agrees that he, or she will not infringe and will not procure any other person to infringe OSC’s intellectual property rights, or reproduce the course materials in material form, other than as expressly authorised by this Agreement or by OSC.
7 CONFIDENTIAL INFORMATION
7.1 The Tutor acknowledges that Class lists, Student names and addresses and other like information are Confidential Information and the Tutor must keep the Confidential Information secure and must not disclose Confidential Information to a third party or make use of it for any activity not expressly authorised by OSC.
8 THE TUTOR’S OBLIGATIONS ON TERMINATION
8.1 The Tutor must immediately on termination of this Agreement, or earlier if requested by OSC, deliver to OSC all Confidential Information and documents of any type in which any Confidential Information or OSC’s intellectual property rights are embodied which may be in the Tutor’s possession or control.
SCHEDULE 1 - REMUNERATION PACKAGE
Rate of pay (including casual loading): / AU$1,210Photocopying expenses / AU$ [up to AU$7 per student per course]
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ACCEPTANCE OF OSC (AUSTRALIA) CONTRACT TERMS & CONDITIONS
SIGNED by the Tutor: ….………………………………………………………… Date: / /
Printed Name: ……………………………………………………………………………………………….
Address: ……………………………………………………………………………………………………
SIGNED by a Witness: …………………………………………………………... Date: / /
Printed Name: …………………………………………………………………………………………………
SIGNED by OSC (Australia) Representative: ……………………………….