TERMS AND AGREEMENTS 4. Term The term of this agreement shall be one year unless terminated under the provisions listed in the agreement. 5. Assignments You are not under any obligation to accept any assignment, but you will be expected to perform any assignment that you do accept in a timely and professional manner. See Policies and Procedures attachment. A Plus Academics makes no additional promise that it will offer you assignments and makes no representation as to the number or duration of additional assignments that may be offered. Any assignments offered or agreed to will be subject to cancellation pursuant to Paragraph 14. 6. Terms Of Payment Compensation shall be made by mutual agreement based on the client being tutored. Payment will be made electronically within eight days of services rendered. 7. Types of Clients IC will be advised as to the type of student and associated hourly fee and service requirements when students are offered to IC for assignment. 8. Loss of Fees/Liquidated Damages – Private Students If IC recruits private clients/students who were originally obtained through A Plus Academics, within one year from the date IC last rendered any services for A Plus Academics, IC will be responsible for liquidated damages. The total amount of liquidated damages will be $2,500.00 per client/student. IC is not restricted from working for other tutoring companies and/or offering tutoring and educational services to individuals who are not initially obtained through A Plus Academics. 9. Reimbursement of Expenses A Plus Academics shall not be liable to IC for any expenses paid or incurred by IC without prior written agreement. This includes mileage and travel expenses. However, IC may apply all appropriate tax deductions pertaining to services provided to A Plus Academics students. 10. Equipment, Tools, Materials, Or Supplies IC shall supply, at IC's sole expense, all equipment, tools, materials, and/or supplies to accomplish the work accepted. 11. Federal, State and Local Payroll Taxes No federal, state or local income tax or payroll tax of any kind shall be withheld or paid by A Plus Academics on behalf of IC or the employees of IC. With respect to the services performed hereunder, IC will not be treated as an employee for Federal or state tax income tax purposes. 12. Fringe Benefits Because IC is engaged in IC's own independent business, IC is not eligible for, and shall not participate in, any employer pension, health or other fringe benefit plan of A Plus Academics. 13. Notice To IC Regarding Tax Duties And Liabilities IC understands that IC is responsible to pay, according to law, IC's income taxes. If IC is not a corporation, IC further understands that IC may be liable for self-employment (social security) tax, to be paid by IC according to law. Any federal or state income tax liability shall be the responsibility of the IC. 14. A+ Tutorial is Not Responsible For Workers' Compensation or Disability Insurance No workers' compensation insurance will be obtained by A Plus Academics concerning IC or the employees of IC. IC shall comply with the workers' compensation law concerning IC and the employees of IC. No disability insurance coverage is provided under this contract. 15. Termination/Notice/Loss of Revenue A Plus Academics or IC may terminate this agreement at any time by providing thirty (30) days written notice to the other party. However, A Plus Academics may terminate at any time upon notification that a client is unsatisfied with the IC. If proper notice is not given by IC, the IC will be liable for loss of revenue from clients for up to thirty (30) days, depending on the time notice was received. 16. Designation of Personnel A+ Tutorial does not have the right to designate the person or persons to perform the services stated in this agreement. IC shall provide documentation including background checks, liability insurance, and personal education level documentation and experience to A+ Tutorial in regards to designated persons qualifications if required. 17. No Authority To Bind Client IC has no authority to enter into contracts or agreements on behalf of A Plus Academics. This agreement does not create a partnership between the parties. 18. Declaration or Certification By Independent Contractor IC declares that IC will comply with all Federal, State and local laws regarding business permits, insurance and licenses that may be required to carry out the work to be performed under this agreement. 19. Indemnification IC agrees to hold A Plus Academics harmless from and against all losses, liabilities, damages, and causes of action arising from IC’s failure to abide by any federal, state, or local law relating to your services. 20. Governing Law This agreement is governed by the laws of the State of Virginia as if the agreement was executed and wholly performed therein. 21. Entire Agreement This agreement is the entire agreement of the parties and may be modified only in writing signed by both parties.
1. Policies and Procedures; 2. TAX FAQs; 3 Business FAQs; Copyright A Plus Academics, LLC - 2011 POLICIES AND PROCEDURES – IC Agreement Attachment 1 – Read Carefully Tutor agrees to send invoices and accompanying session reports every week according to the A Plus Academics Compensation schedule pertaining to that student. Tutor agrees to be appropriately dressed and have proper grooming habits. Tutors should arrive on time or even early to a scheduled tutoring session. If Tutor is going to be late, Tutor should contact the client and A Plus Academics. If Tutor is unable to make a scheduled tutoring session, the tutor must give at least 24-hour notice to the client and advise A Plus Academics, LLC. Tutor agrees to wait at least fifteen minutes if the student and guardian are not at the location of the scheduled tutoring session on time. If they arrive at that time, tutoring will continue for the remainder of the session. Tutors will never perform tutoring sessions in the home of a student. Tutor agrees to notify A Plus Academics as soon as possible if the student/guardian does not show. Tutors will only be paid for the tutoring session. Tutors will not be paid for driving time. Tutor agrees to contact A Plus Academics regarding changes in the number of weekly tutoring sessions and or changes in tutoring locations. Tutor agrees to attempt to make up missed sessions in the current week, but no later than the following week. Tutor agrees not to drive students and/or parents anywhere. Tutor agrees to exchange phone numbers with parents at the first tutoring session. I have read and understand these policies and procedures. Name ___________________________ Date__________ Business FAQs - & - TAX FAQs – Tutor Agreement Attachment 2 TAXES Am I responsible for income taxes: Yes. State and Federal. How will I know what to include on my state and federal income tax? As an independent contractor, you will receive an IRS 1099 Form from A Plus Academics. by January 31st following each tax year ( only if you have been paid more than $600 in that tax year). This shows the total of payments made to you that A Plus Academics must report to the IRS. If you receive a 1099 you must report that income on state and Federal income filings. This includes Self Employment (SE) tax. Check with an accountant. How can I keep track of what A Plus Academics pays me? Keep copies of invoices that show the dates and times and students' names. Save Your Bank Statements Can I deduct expenses related to tutoring from my income taxes? Yes. You may take legitimate deductions from your income taxes for business expenses. These include home office, mileage and other deductions. Where can I get more information on tax matters? Get the advice of an accountant What tax records should I keep?. Keep mileage logs and receipts for any deductible expenses. The mileage deduction alone can be significant. The Internet has many resources. Check www.biztaxadvisor.com as an example.