Teaching Services Agreement

1. As a registered Educator, you understand and agree that the details in your profile may appear on the website, and in search engines and in social media for marketing purposes and campaigns. 

2. You acknowledge and agree that LIBXL may provide the student with certain information about you, including your first name, contact information, photo, location. You shall not contact any student or otherwise use any of their personal information other than for the purposes of fulfilling any services.

3.  You hereby undertake to carry out teaching service(s) for your respective subject(s) to recognised students in a bona fide manner. In performing their tasks, the Educator shall avoid all situations which may give rise to potential conflicts of interest, in particular with respect to personal and/or family interests that might influence their independent judgment and come into conflict with their responsibilities.

4. You hereby undertake to ensure that attendance is reported on a daily basis, applicable on all teaching days. In case of failure to report the attendance, the same shall be communicated to LIBXL at the earliest, but no later than 48 (forty-eight) hours. All attendance is subject to verification by students, parents and LIBXL, including its affiliates and administrators.

5. You shall ensure availability and attend all scheduled classes, and be available to conduct the teaching services during the agreed hours. In case of any emergency, medical or otherwise, you shall communicate the unavailability to LIBXL through its administrators, students, and parents at least 4 (four) hours in advance. 

6. You agree that all material, including but not limited to images, documents, videos and links used for the purpose of undertaking teaching services do not violate any intellectual property rights of third parties and that the content uploaded are original, appropriate, and relevant to the session. Any material or work created during the course of undertaking teaching services shall remain the intellectual property of LIBXL, and may not be used by the Educator for any other purpose.

7. You agree that the relationship between LIBXL and the Educator is not that of an employer-employee, and no such obligations or benefits are applicable. Further, you agree that the relation between the parties is that of independent contractors, and no agency, partnership, or joint venture relation is created. 

8.  LIBXL retains the right to, at any time at its sole discretion, restrict you from using the Platform in the event of a violation of this Agreement or any relevant policy, your disparagement of LIBXL, or your act or omission that causes harm to our brand, reputation or business as determined by LIBXL in its sole discretion. We also retain the right to restrict you from using the services for any other reason at the sole and reasonable discretion of LIBXL. Further, we retain the right to, at any time at our sole discretion, deactivate or otherwise restrict you from accessing the identification and password key assigned to you by LIBXL and/or the Teacher account, in the event of a violation of this Agreement, or any relevant policy, as determined by LIBXL in its sole discretion. LIBXL also retains the right to deactivate or otherwise restrict you from accessing the Teacher account, for any other reason at the sole and reasonable discretion of LIBXL.

9. The fees for the payment services shall be done at the rate agreed upon by the Parties, and the settlement of payment shall be done on a monthly basis, depending on the number of classes taken, and the payment corresponding to a particular month, shall be done by the fifth-day of the following month, subject to the terms of the Agreement.

10. The number of scheduled classes a student has subscribed to shall be communicated to You within the third business day of the month, and only the communicated number of classes shall be undertaken corresponding to the particular month. You may conduct any pending or scheduled classes in the first two days of the month, until the communication is received regarding the scheduled number of classes. In case of cancellation or any other rescheduling, or in case a student has a pending number of classes outstanding from the previous month(s), the number of classes may be adjusted after receiving the explicit written communication by LIBXL through e-mail or Whatsapp messages.

11. Either Party may terminate the Agreement, (“Termination”) provided that a sufficient notice of at least 3 (three) months is provided in writing, which may be amended at the sole discretion of LIBXL. We also retain the right to Terminate the Agreement for cause, which may arise due to frequent and/or unexplained absences, failure to comply with any provisions of this Agreement or violation of any Policies of LIBXL as mentioned on the Platform, unprofessional conduct, unsatisfactory performance, or any other such circumstance, which shall solely be determined by LIBXL. In case of Termination for cause, the Termination shall be effective immediately, and there shall be no requirement of a notice period.

12. During the term of the Agreement, and 12 (twelve) months from the date of Termination or expiry, as the case may be, you undertake to directly or indirectly, not solicit any student(s) who is or has been a student of LIBXL for any duration, in the preceding 12 (twelve) months from the date of Termination. 

13. You shall indemnify, defend (at LIBXL’s option) and hold harmless LIBXL, and their affiliates and each of their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to: (a) your breach of your representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including students, parents, regulators and governmental authorities) directly or indirectly related to the teaching services.

14. You shall comply with all of your obligations under tax laws to the extent applicable to this Agreement. You shall indemnify LIBXL and their affiliates from all tax liabilities, duties, levies, claims and penalties that may be imposed on you or on LIBXL, and/or their affiliates as a result of your failure to comply with any of your tax obligations, or for providing false information requested of you.

15. You hereby represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you have not entered into, and will not enter into, any agreement that would prevent you from complying with this Agreement; and (c) you will comply with all applicable laws in your performance of this Agreement, including holding and complying with governmental authorisations necessary to provide teaching services under this Agreement, and teaching services to third parties generally.

16. LIBXL reserve the right to modify the terms and conditions of this Agreement at any time, effective upon publishing an updated version of this Agreement available to you on the LIBXL Application. LIBXL reserve the right to modify any policies or information referenced at hyperlinks from this Agreement from time to time. LIBXL will provide you with at least 14 days’ notice in the event of a material change to any clause of the Agreement, provided that in such event you shall have the right to terminate the Agreement upon receiving notice from LIBXL.

17. Except as otherwise set forth above, these Agreement shall be exclusively governed by and construed in accordance with the laws of Bengaluru, Karnataka, India.

18. The Parties agree that in any dispute exclusive jurisdiction shall be with the civil courts in Bengaluru, Karnataka, India.

19. If any provision of this Agreement is adjudged by a court to be invalid, void or unenforceable, the Parties agree that the remaining provisions of this Agreement shall not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the Parties, and that this Agreement shall in any event otherwise remain valid and enforceable to the extent granted by law.

20. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision of this Agreement, whether or not similar, nor shall such waiver constitute a continuing waiver unless otherwise expressly so provided in writing by LIBXL.

By clicking the submit button and creating an account on this Platform, you hereby agree to and accept the terms of this Agreement, as laid down above, the Terms and Conditions, and all other Policies on the Platform, as may be updated, and you consent to the terms.