Evolutionary Tutors hires each of its tutors as an Independent Contractor rather than an employee. Importantly, this means that you as the Contractor have full responsibility for paying any relevant taxes associated with the income you make through working for Evolutionary Tutors. Further details around the relationship between Evolutionary Tutors and you as a Contractor is set out at clause 7.
This is your Australian Business Number, which all Contractors are required to have. You can find out how and why to get an ABN here: https://www.evolutionarytutors.com.au/tutors-only/getting-an-abn. There is a placeholder for your ABN on page 1 of the Independent Contractor Agreement, however if your ABN will take a while to come through, we are happy for you to include “TBC” in this field for now. Then once you receive your ABN, please send it through to us at email@example.com.
You are being hired to provide the Services as set out in Schedule 1, in accordance with the Contractor obligations in clause 5. The Services cover the provision of tutoring services, contacting clients, preparing and logging lessons and promptly replying to any messages, emails and calls you receive from the Evolutionary Tutors team.
During your employment you will be exposed to information that is confidential to Evolutionary Tutors such as information about our clients, our marketing and business plans and strategies, our contracts, our current and future products and services, the guides and resources we have created and much more. This is information that is not known to the public. Our Confidential Information is very valuable to our business, and so we have included at clause 9 some confidentiality obligations for you to adhere to both during and after your employment with Evolutionary Tutors.
Any materials that have been created by Evolutionary Tutors, including any Confidential Information, are and remain the sole property of Evolutionary Tutors. This information is very valuable to our business, and so we have included at clause 10 some obligations in relation to protecting our Intellectual Property Rights for you to adhere to both during and after your employment with Evolutionary Tutors.
At Evolutionary Tutors our clients and our tutors are two of our biggest assets. In clause 12 we have included obligations for you to agree to which include agreeing not to poach any of our prospective or existing clients or tutors either for yourself operating as a private tutor, or for another tutoring company. This is a very important obligation, breach of which is grounds for immediate termination of this contract by Evolutionary Tutors. The restraints in clause 12 operate for the duration of your employment with Evolutionary Tutors, plus for 12 months after the termination of the Independent Contractor Agreement.
Clause 5 includes an obligation on you to notify us of any tutoring services you currently provide (either as a private individual or via another tutoring company or platform) and to seek our consent before accepting any additional tutoring work (either as a private individual or via another tutoring company or platform).
This means that you are able to work for another tutoring company as well as Evolutionary Tutors as long as you let us know via email before accepting your new tutoring role. And if you already work as a tutor, either privately or for a company, please let us know via email once you have signed the Independent Contractor Agreement :)