Tutor Terms & Conditions

This document constitutes a binding agreement between you (Tutor) and Educatta Pty Ltd ABN 94 684 398 639 (Educatta) (Agreement). By submitting a Tutor Registration Form, you acknowledge that you have been provided a copy of this Agreement and any documents, guides, codes and/or policies incorporated herein by reference and agree to be bound by the terms and conditions of this Agreement (as amended from time to time).

1.     Recitals

1.1.     Educatta wishes to engage Tutor as an independent contractor to provide Services (as defined below) to and for the benefit of Educatta’s customers from time to time;

1.2.     Tutor presents and warrants that they enter into this Agreement of free will and of legal capacity to so engage and that this engagement does not violate the terms of ant agreement between the Tutor and any third party; and

1.3.     In consideration of the mutual promises and undertakings set out in this Agreement, the parties agree as follows.

2.     Definitions

Business Day means a day that is not a Saturday, Sunday, a public holiday or bank holiday in Perth, Western Australia.

Commission means the fee payable by Tutor to Educatta (comprising a proportion of the Lesson Price) as consideration for Educatta generating Customer leads to Tutor to enable Customers to seek and receive Services from Tutor, calculated in accordance with clause 6.5.

Customer(s) means any person/s who has or have requested Services from Educatta.

Educatta means Educatta Pty Ltd ABN 94 684 398 639, an online community platform business conducted at the website URL https://www.educatta.com, which provides lead generation services via digital technologies to tutors for them to seek, receive, and fulfil requests for tutoring services in their qualified fields from Customers.

Educatta Policies means the policies set out in Appendix A (as amended or in existence from time to time) and quality guidelines set out in Appendix B, including any amendments, additions, or replacements of said policies or guidelines as notified to Tutor from time to time.

Lesson Price means the agreed hourly (or pro-rata per hour) price for Services provided by Tutor and paid to Educatta by a Customer for Services rendered, calculated in accordance with clause 6.2.

Services has the meaning given to it in Appendix A to this Agreement and must be provided in accordance with this Agreement and subject to the terms and conditions set out in Appendix A.

Tutor means the named person in a Tutor Registration Form submitted to Educatta to become and, if approved, to be listed on Educatta as an independent provider of Services to Customers and who acknowledges and agrees to abide by this Agreement.

Tutor Income means the Lesson Price less the Commission (and any promotional or lesson specific discount, if any applicable to the Lesson Price).

Tutor Registration Form means the form located at the website URL https:// https://www.educatta.com/tutor-sign-up which must be completed by Tutor to register and, if approved, be listed as a tutor on Educatta and wherein a copy of this Agreement is made available.

3.     Qualification, scope of Services and minimum quantity

3.1.     No obligation and minimum qualification: Tutor acknowledges and agrees that:

  1. Educatta has no obligation to approve a tutor that has submitted a Tutor Registration Form to be listed on Educatta; and
  2. to ensure and protect the integrity of the Educatta community platform, Educatta requires tutors to meet certain minimum standards, requirements and qualifications from time to time (including those set out in Appendices A and B), and that should Tutor not satisfy these standards, requirements and/or qualifications, or should Tutor cease to satisfy these standards, requirements or qualifications, Tutor's application to join Educatta may be rejected or this Agreement may be terminated by Educatta in accordance with 5.2(b) (respectively).

3.2.     Services and conduct: to provide Services to Educatta’s Customers and conduct themselves on Educatta in accordance with this Agreement and in particular as set out Appendix A, and any such requirements or restrictions as may be lawfully imposed from time to time; and

3.3.     Minimum Quantity: Educatta does not provide any guarantee or representation as to any minimum quantity of Services available to, or generated for, Tutor. In addition, Tutor acknowledges and agrees that neither Educatta, its affiliates or suppliers provide any guarantee as to any minimum availability or uptime of Educatta’s website and/or digital technology platform, which may be unavailable at any time and for any reason. Furthermore, Educatta and its affiliates are not responsible for any delays, failures or other damages, liabilities or losses resulting from such occurrences.

4.     Customers

Tutor acknowledges and agrees that:

4.1.     Relationship: your provision of Services to a Customer creates a legal and direct relationship between you and the Customer and Educatta is not responsible for the actions or inactions of a Customer in relation to you or vice versa;

4.2.     Services: upon agreeing to provide Services to a Customer, you will provide Services in accordance and compliance with the terms set out in Appendix A and the Educatta Policies;

4.3.     Commission: the commission payable to Educatta under this Agreement is in consideration for Educatta generating Customer leads to Tutor to enable Customers to seek and receive Services from Tutor;

4.4.     Fees: the fees charged to Customers must be charged in accordance with the terms and conditions relating to fee setting, billing, changing, and determination set out in clause 6;

4.5.     Bypassing: Customers are customers of Educatta, and you will not procure, solicit, canvass, approach, infer, induce or otherwise agree to provide Services to Customers in respect of any one or more lessons outside of Educatta systems, including Educatta’s booking and payment systems and, to the extent lessons are provided online, Educatta’s nominated online learning platform. For the avoidance of doubt, this includes providing Services to any Customer outside of Educatta’s booking system and merchant facilities in return for cash, direct bank transfer or payment by any other means or mechanism to avoid paying Educatta the fees due to it under this Agreement;

This clause is a key term of your contract with Educatta and Educatta will suffer financial and non-financial damage if you breach this term. Financial damages may be immediately payable pursuant to clause 5.3 for breach.

4.6.     Privacy: you will not use any Customer contact information made available to you for any other purpose other than fulfilling, organising or providing the Services to Customer;

4.7.     Competition: you will not, for a period of one (1) year after the termination of this Agreement, directly or indirectly, in any manner whatsoever, contact, procure, solicit, canvass, approach, infer or induce any of your previous or current Customers for the purpose of selling to said Customers any services which are in any way competitive with Services sold at that time by Educatta, its affiliates, marketing partners or agents;

4.8.     Termination:

a.   Tutor may terminate providing Services to a Customer by providing 30 days' written notice to said Customer specifying (i) the reason Tutor proposes to terminate Services; (ii) the date Tutor intends to cease providing Services; and (iii) directing Customer to Educatta for the purposes of engaging a replacement tutor, and must provide a copy of said notice to Educatta by sending it to educattateam@gmail.com; and

b.   Customer is under no obligation to continue procuring Services from Tutor and can terminate their direct engagement with Tutor at any time.

5.     Term and termination

5.1.     Term: This Agreement shall commence on the date that Tutor completes the Tutor Registration Form and is subsequently approved by, and listed on, Educatta as a tutor and will continue until terminated by Tutor or Educatta in accordance with the terms of this Agreement.

5.2.     Termination:

a.    Tutor may terminate this Agreement on 30 days' written notice to Educatta stipulating the date Tutor proposes to cease to provide Services;

b.    Educatta may terminate this Agreement for cause without notice and with immediate effect by written notice to Tutor where Educatta, in its absolute discretion, believes, concludes, finds, or suspects that Tutor has breached a material term of this Agreement, which includes (without limitation) clauses 3.1, 4.2, 4.4, 4.5, 7, 8 and 9;

c.   Educatta may terminate this Agreement without cause by giving 14 days prior written notice to Tutor;

d.   On Educatta or Tutor providing notice of termination to the other party, Tutor must provide notice to any Customer that Tutor will cease to provide Services on and from the termination date and direct Customer to Educatta for the purposes of engaging a replacement tutor;

e.   If this Agreement is terminated, including (but not limited to) where a breach has occurred as set out in clause 5.3, Educatta may at its discretion withhold payment to Tutor for any amounts owed to Tutor until such time as any and all materials in possession of Tutor, which are the rightful property of Educatta, are returned to Educatta and/or to offset or recoup any payments owing from Tutor to Educatta;

5.3.     Breach: If you are found to be in breach of clause 4.5 (which relates to bypassing Educatta’s systems), on demand from Educatta you will be immediately liable to pay a sum of the greater of:

a.    $300; and

b.    an amount equal to Educatta’s commission multiplied by either (i) a reasonable estimate of the customer's lifetime revenue with Educatta; or (ii) Educatta’s average lifetime customer revenue at the time, to Educatta’s nominated bank account for each student you have been found by Educatta to have circumvented Educatta’s systems with and collected payment directly from Customers in breach of clause 4.5;

5.4.     Restriction: Educatta may restrict Tutor from accessing Educatta, deactivate or delete your account, restrict you from communicating with Customers or take any other action reasonably required by Educatta, without notice, in the event you breach a material term of this Agreement or no longer qualify under applicable law, this Agreement, Educatta Policies or otherwise to provide Services to Customers;

5.5.     Survival: The obligations of Tutor pursuant to clauses 4, 5, 6, 7, 8, 9 and 11 shall survive any termination of this Agreement.

6.     Fees and Payment

Lesson Price and Charges

6.1.     Subject to clauses 6.2, 6.3 and 6.4, Tutor may in their absolute discretion dictate their Lesson Price;

6.2.     The Lesson Price charged by Educatta:

a.    must be no less than $50 per hour for individual Customers or in aggregate for group Customer lessons (with the exception of any one off promotional or free lessons); and

b.    should reflect, and may differ dependent on the following non-exhaustive list of factors:

  1. student age;
  2. year level and requirements;
  3. Tutor's qualifications, academic track record and experience;
  4. demand for Tutor;
  5. location and scarcity or abundance of like tutors;
  6. mode of delivery (whether online or in-person); and
  7. if lessons are in-person, time and expense associated with travelling to the student.

c.    should incorporate all non-tutoring and non-in-lesson expenses (including, but not limited to, costs associated with travel, parking, preparation time or other expenses) and are not to be charged separately.

6.3.     Only time spent tutoring students in-lesson is billable on Educatta; and

6.4.     Tutor must not charge a Customer for a lesson going longer than the scheduled lesson time (i.e. overtime) without the prior approval of the Customer (or, if the Customer is a student, the approval of the student's parent or legal guardian).

Wage

6.5.     The Wage paid to you is a minimum of $40 an hour. It is subject to increase depending on subject being tutored, and travel distance.

Payment of Tutor Income

6.6.     After the completion of a lesson with a Customer, you must log the lesson as 'attended' on the Educatta system within 7 days of the date of the lesson. Once completed, the Lesson Price is due and payable by Customer and Educatta will automatically charge the preferred payment method held on the Customer's account;

6.7.     Educatta will then release to Tutor's nominated bank account the relevant Tutor Income owing in respect of any lessons logged in accordance with clause 6.6 on the Monday following the date of the Lesson (or the following Business Day in the event that day is a public holiday);

6.8.     For the avoidance of doubt, Tutor Income will comprise the Lesson Price less the Commission;

6.9.     The timing of receipt of Tutor Income in Tutor's nominated bank account may vary depending on Tutor's bank and the occurrence of public holidays and is outside the control of Educatta and Tutor agrees that Educatta is not liable and will be held blameless for any delay in Tutor receiving Tutor Income;

6.10.     Tutor agrees that Educatta is not, and will not be, liable and will be held blameless if a payment is refunded to Educatta or is sent by Educatta to the wrong account (including to an account not associated with Tutor) as a result of Tutor providing incomplete or incorrect bank information. If a payment is refunded to Educatta, Educatta will request that Tutor corrects their bank information and, subject to receipt of updated bank information, will make payment to Tutor of the returned payment amount on the following Monday (or the following Business Day in the event that day is a public holiday).

Changes to Lesson Price

6.11.     A Tutor can not increase the Lesson Price charged to any existing Customer except in accordance with clause ​

6.12.     A Tutor may increase the Lesson Price charged for an existing Customer on one occasion per calendar year provided that the Tutor provides:

a.    discusses this with the Educatta admin team and gained approval; and

b.   given a 30 days written notice to the Customer; and

c.    a reasonable justification in support of the increase of their Lesson Price to Customer.

6.13.     For the avoidance of doubt, this means Tutors can only increase their Lesson Price for an existing Customer once per calendar year and must not increase their Lesson Price unless they can reasonably justify the increase (such a justification may include, but is not limited to, the level of work expectation and demand from a Customer is materially different to that originally agreed, or where a Tutor has received a competing job offer and unless they increase their rate it is no longer commercially worthwhile for Tutor to provide the Services and they would otherwise cease providing Services to the Customer).

Educatta’s payment guarantee

6.14.     In order to receive the benefit of the Educatta’s payment guarantee:

a.    you must:

  1. ensure your banking and credit card details are up to date in your account;
  2. ensure your current Lesson Price is published on your public profile on Educatta, including any variation in pricing for age, year level, subject, or method of delivery (i.e., online or in-person);
  3. ensure that the information pertaining to the lesson is accurate. This includes the start and end time, duration, subject, and student account name. Unless otherwise agreed to by the Tutor and student, the start and end time will be considered to be the times of the actual tutoring lesson, not arrival and departure times to and from the tutoring location; and
  4. ensure that each lesson is instructive and constitutes learning, not cheating. More specifically, you must not complete assignments, write papers, take quizzes, or otherwise do work on the student’s behalf. Further, the services that the tutor offers must not violate the academic honesty policy or other conduct policies of the student’s school, university, academic institution, or workplace; and

b.    you must not collect, solicit, procure, entice, or induce Customers to pay you directly by cash, cheque or bank transfer, or any other payment method. If Educatta finds or reasonably suspects that this clause has been contravened this clause, Tutor will lose the benefit of this clause 6.14.

7.     Taxes and registrations

7.1.     Tutor agrees that Tutor is required to (a) complete all tax registration obligations as a provider of Services in Australia and to calculate and remit all tax liabilities relating to your provision of Services as required by applicable laws; (b) provide Educatta with all relevant tax information, including a valid Australian Business Number (ABN) and/or any Goods and Services Tax (GST) registration under which you provide or intend to provide Services under;

7.2.     Tutor acknowledges and agrees that Tutor is solely responsible for taxes payable in connection with your provision of Services, including without limitation any income tax and GST;

7.3.     Notwithstanding the above, Educatta may in its reasonable discretion based on applicable tax and regulatory considerations, or as required by law, collect and remit taxes resulting from your provision of Services and/or provide any of the relevant tax and other information you have provided pursuant to the above directly to the applicable governmental tax authorities on your behalf or otherwise; and

7.4.     Unless expressly stated otherwise in this Agreement, all amounts payable or consideration to be provided under this Agreement by you to Educatta are exclusive of GST.

8.     Representations and warranties

By entering into this Agreement and for the duration that Tutor remains a tutor with Educatta, Tutor represents and warrants that:

8.1.     all information Tutor has provided to Educatta, including any information to be published on Tutor's profile on Educatta, including Tutor's employment history, education, ATAR results and subject scores, certifications, Working with Children Check, and any personal history is true, correct and complete in all respects;

8.2.     Tutor has obtained and continues to maintain a valid and unexpired Working with Children Check;

8.3.     if Tutor is listed on Educatta as a teacher, has obtained and continues to maintain a valid and unexpired teaching accreditation in the area of expertise or competency specified in Tutor's profile;

8.4.     no information provided by Tutor to Educatta or included in Tutor's profile on Educatta is misleading or deceptive or likely to mislead or deceive in any respect; and

8.5.     Tutor will not accept any tutoring referral from Educatta that would violate any conflict-of-interest rule or other policy of any school or other institution where Tutor teaches or works.

9.     Confidential information

9.1.     All information provided by Educatta to Tutor or resulting from the performance of this Agreement which Educatta designates as confidential, or which Tutor should reasonably know should be treated as confidential is deemed to be confidential, and should be treated as such;

9.2.     Tutor shall hold such information in confidence, use only for the purpose of providing the Services, and shall not disclose such information to any third party (unless required by law to be disclosed or subject to written approval from Educatta to disclose). All such information shall remain the property of Educatta; and

9.3.     For the avoidance of doubt, confidential information includes, without limitation, Educatta’s financial information, commercial models, rates, fees, and commission structure (other than to the extent it is already publicly available).

10.  Relationship of parties

10.1.     The parties acknowledge and agree that the relationship created by this Agreement is that of an independent contractor and that Educatta shall not be deemed to direct or control Tutor generally or in your performance under this Agreement, including in connection with your provision of Services, or your acts or omissions;

10.2.     Tutor acknowledges and agrees that nothing in this Agreement entitles Tutor to any benefits that would otherwise owe to an employee employed pursuant to an employee agreement to provide Services;

10.3.     Unless otherwise set out in this Agreement and subject to Educatta’s Policies, Tutor retains the sole right to:

  1. set the hourly rate charged for tuition;
  2. set the hours and days worked;
  3. determine when and for how long to use and be listed as a Tutor on Educatta;
  4. determine where or how Services are rendered to Customers (i.e., in-person or via Educatta nominated online learning platform); and
  5. accept or decline a Customer's request to provide Services and/or when to engage or cease to engage a Customer for Services.

10.4.     Unless otherwise set out in this Agreement, nothing in this Agreement appoints or renders Tutor as an agent for Educatta or grants Tutor the authority to make representations or agreements on behalf of Educatta; and

10.5.     Tutor further agrees that in the event that Educatta suffers any loss or damage as a result of a violation of this provision, Tutor shall indemnify and hold harmless Educatta from any such loss or damage.

11.  Indemnification

Tutor shall indemnity, defend (at Educatta’s option) and hold harmless Educatta and its affiliates, officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, taxes and entitlements arising out of or related to (a) your breach of your representations, warranties or obligations under this Agreement, or (b) any claim, suit or action made or brought by a third party (including, without limitation, Customers, regulators and government authorities) directly or indirectly related to your provision of Services or use of Services. Any liability shall be reduced proportionately if, and to the extent that, Educatta directly caused or directly contributed to any such damage or losses.

12.  Infringement

Tutor warrants that, in rendering Services to Customers, Tutor shall not knowingly infringe any copyright, trade secret or other intellectual property right of any third party, and that you shall use best efforts to avoid any such infringement. Tutor hereby agrees to defend Educatta (at Educatta’s option) against any claim of copyright, trade secret or other intellectual property infringement made against Educatta on account of the Services rendered by Tutor. Tutor further agrees to indemnify and hold Educatta harmless against any loss, damage, award, or expense (including reasonable lawyers’ fees) resulting from any such claim.

13.  General

Entire Agreement and variations

13.1.     This Agreement, including any guides, policies, standards, or documents incorporated herein, sets out the entire agreement and understanding between the parties and supersedes any prior agreement;

13.2.     Tutor may not assign any of his or her rights under this Agreement, or delegate the performance of any of his or her duties hereunder to another party or tutor, without the prior written consent of Educatta; and

13.3.     Educatta reserves the right to modify the terms and conditions of this Agreement at any time, effective upon publishing an updated version of this Agreement to Educatta website (publication of which shall be deemed to be notice to you) or by written notice notifying you that this Agreement has been amended. Educatta reserves the right to modify Educatta Policies or information referenced in any hyperlinks forming part of this Agreement at any time. You hereby acknowledge and agree that, provided that you remain a Tutor on Educatta, you are bound by any future amendments and additions to this Agreement, any Educatta Policy, any information referenced in hyperlinks or embedded herein, or documents incorporated herein. For the avoidance of doubt, continued use of Educatta and provision of Services after the publication of any amended Agreement on Educatta website shall constitute acceptance of the amended Agreement.

Force majeure

13.4.     Neither party shall be liable to the other for any loss, damage, delay, or failure of performance, that is caused by an act or event beyond its reasonable control, including but not limited to, acts of God, civil disturbances, war, strikes, pandemics, emergency laws, regulations or governmental proclamations, or acts or failure to act of any governmental entity. Failure by either party to perform under this Agreement, because of the endurance of an event of force majeure for more than three months, will represent a ground for its termination on ten (10) days written notice.

Limitation of liability

13.5.     Educatta’s sole liability under this agreement is for payments due to Tutor under clause 6;

13.6.     To the extent permitted by law, Tutor will have no claim against Educatta for direct or indirect loss or damage incurred during the execution of Tutor's duties and, to the maximum extent permitted by law, Tutor bears all risks relating to the provision of Services, the interaction between the Tutor and Customers (including students and/or student's parents or guardians). Tutor acknowledges that Educatta has not and does not audit or check Customer backgrounds and Tutor must exercise their own judgment and develop their own protocol in deciding whether to provide Services to a Customer referred to Tutor by Educatta; and

13.7.     To the extent permitted by law, no action or proceeding against Educatta may be commenced more than two (2) years after the claim has arisen.

Requirements of law

13.8.     Tutor shall comply, at his or her own expense, with the provisions of all applicable State and federal laws and regulations applicable to the Services; and

13.9.     This Agreement is governed by and shall be construed in accordance with the laws of the State of Western Australia, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Western Australia, Australia.

Appendix A

Services

Means tutoring and related services to Customer(s) that Educatta generates leads to and that are within Tutor’s field of expertise and, if applicable, geographic location (Services).

Services may be rendered in-person in a mutually agreed location with Customer or online via Educatta nominated online learning platform. Services include and extend to:

·       Private tutoring

·       Group tutoring

·       Coaching, teaching or mentoring

·       Proactive lesson preparation, including material or assessment generation related to a lesson and lesson planning

·       Follow-up and reporting to Customer (including the student, the student’s parent(s) and/or guardian)

·       Planning lessons and goal setting with Customer

·       Other duties related to tutoring services as may reasonably be requested of Tutor

·       Studying, reviewing and being familiar with required tutor training material, which for the avoidance of doubt includes the relevant curriculum (and any amended curriculum from time to time)

Minimum qualification

Tutors on Educatta must meet one of the following minimum qualifications:

  • high academic track record (ATAR above 85, distinctions at tertiary level)
  • have a relevant teaching qualification
  • have a relevant tertiary degree
  • have relevant experience of 1+ years (either tutoring, teaching, coaching or in the field you are looking to tutor)

Educatta Policies

Code of Conduct

Child Safety Policy

Cancellation Policy

Privacy Policy

Current versions of Educatta’s policies are accessible by contacting Educatta Team by emailing educattateam@gmail.com

Appendix B

Quality assurance

A.   Interview: Educatta may ask to interview Tutors for the purposes of screening and to assess Tutor's suitability to be listed as a tutor on Educatta at any time;

B.   Qualification: Educatta will require Tutor to provide evidence of:

  1. if Tutor is a high school graduate, Tutor's academic history and more specifically, in relation to Tutor's ATAR and individual subject study scores (both raw and scaled);
  2. if Tutor is a teacher, Tutor's relevant teach qualification; and/or
  3. if Tutor represents that they are a relevant qualification or experience tutoring, evidence of said qualification or experience, to verify that Tutor satisfies Educatta’s minimum qualifications to be a tutor on Educatta;

C.    Compliance: If Tutor applies for the 'Working with Children Check' badge on Educatta to demonstrate to Student's that they are verified as not being prohibited to work with children, Educatta will require Tutor to provide their name, date of birth, serial number for a valid and unexpired Working With Children Check in their relevant State or Territory (and any other information required to verify that check) and should Tutor's Working With Children Check expire or otherwise be revoked or terminated by the relevant State or Territory Government authority, Tutor must immediately cease providing Services to Customers;

D.    Child safety and conduct: As the Services provided by Tutor relates to the provision of tutoring to children and young people, it is critical that Tutor reads, comprehends and at all times complies with both Educatta’s Code of Conduct and Child Safety Policy and is aware of and compliant with any State and federal laws in the provision of Services;

E.    Standard of Services: During the term of this Agreement, Tutor shall:

  1. ensure that Tutor provides Services to Customers to the best of their ability, with pride and with the Customer's desired outcome, ambition, and goals in mind, in accordance with the Customer's reasonable instructions and requirements and ensure the Service being provided has been prepared, planned, tailored, and rendered accordingly;
  2. ensure that Tutor prepares appropriately for all tutoring sessions and acquire or prepare any reasonably necessary materials to provide said Services; and
  3. conduct themself in accordance with the highest professional standards with students, their parents, and other interested parties and at all times in compliance with Educatta’s Policies;

F.    Payment: Tutors must never collect, solicit, procure, entice, or induce Customers to pay Tutor directly by cash or bank transfer, or any other payment method. All lessons must be logged and marked as completed on Educatta;

G.    Overtime fees: Tutors should not bill a Customer for additional tutoring fees arising out of a scheduled lesson going overtime without the prior approval of the Customer (or if the Customer is a student, the student's parents, or guardian);

H.    Communication: To maximise the Customer experience on Educatta, Educatta’s Tutors are expected to:

  1. respond as soon as practicable to a request for Services from a Customer;
  2. if Tutor accepts a request for Services, call or contact Customer on their nominated contact information no later than 48 hours after receiving the request for Services to schedule a lesson;
  3. if Tutor needs to cancel or reschedule a session, do so within the time specified in Educatta’s Cancellation Policy but otherwise as soon as reasonably practicable;
  4. if Tutor is likely to require a temporary unavailability, contact Educatta as soon as reasonably practicable to organise a substitution or replacement Tutor for the duration of such unavailability;
  5. maintain reasonably constant communication with Customer (or if Customer is a student, with the student's parents or guardian) no less than once a month (or as frequent as Customer requests) with progress reports on Customer;

I.    Lesson cancellation: Customers are required to notify Tutor at least 24 hours in advance of any lesson that the lesson is being cancelled, failing which Tutor may charge the agreed fee for that lesson. Educatta encourages Tutors to be deliberative and considerate in these circumstances and be mindful of maintaining the ongoing relationship with Customer before charging the agreed lesson fee.