THIS SERVICE AGREEMENT is entered into in the city of Montréal, province of Québec, Canada between the Student and J’Excelle Inc. (“J’Excelle”) (collectively the “Parties”) (the “Agreement”).
WHEREAS J’Excelle is an educational services company that provides tutoring and exam preparation services to students in Canada and has the required training, experience, skills, and ability to offer the Services described hereinafter to the Student;
WHEREAS the Parties wish to record their agreement in writing and confirm that this Agreement was signed by mutual consent;
THEREFORE the Parties agree as follows:
1.1. J’Excelle shall provide tutoring services to the Student in the subjects, at the frequency and at the location selected on Page 1 of this Agreement (the “Services”), or at any other time and place agreed in writing by the Parties.
1.2. The Services shall be rendered by the Tutor designated by J’Excelle. After the first tutoring session, J’Excelle will send a survey to the Student in which he shall evaluate the Tutor designated. Shall the Student wish to change the assigned Tutor, he shall indicate such request in the appropriate space in said survey.
1.3. Unless otherwise expressly stipulated, the term “J’Excelle” in this Agreement shall include the corporation J’Excelle Inc. and the Tutor designated by the Parties.
2. SCHEDULE OF TUTORING SESSIONS
2.1. The tutoring Services shall commence according to the schedule set by J’Excelle and the student for the first session. Following the first session, the Tutor and the Student will set the schedule.
3. CANCELLATION OF SESSIONS BY STUDENT
3.1. The Student may cancel a tutoring session by giving at least 24 hours prior notice to J’Excelle in which case no tuition fees will be incurred. Sessions not attended by the Student without giving 24 hours prior notice to J’Excelle shall be charged for a full hour.
4. CANCELLATION OF SESSIONS BY TUTOR
4.1. The Tutor may cancel a tutoring session by giving 24 hours prior notice to the Student in which case no fees shall be incurred. The Tutor shall reschedule the appointment at a time agreeable to the Student and the Tutor.
5. LATE ARRIVAL
5.1. Fees are calculated according to the times fixed in the Schedule and no adjustment shall be made for time lost because of late arrival by the Student.
5.2. Any lost time because of the late arrival of the Tutor shall be compensated for by extending a session by mutual agreement and by such amount of time that was lost.
6. FEES PAYABLE TO THE TUTOR
6.1. The fees are calculated at the rate agreed between the Tutor and J’Excelle, for each hour of tutoring calculated per quarter of an hour. No other fees will be paid for travel or preparation time of the Tutor or Student. Fees may be adjusted for future sessions subject to 10 days written notice to the Tutor.
6.2. Between the 1st and the 15th of the month, J’Excelle will send the Tutor a detailed payment summary describing all the tutoring sessions that took place during the past month.
6.3. The Tutor is responsible for sending a sample check before his or her first tutoring session at J’Excelle. The payment of the Tutor will be made between the 1st and the 15th of the month by bank transfer.
7. OBLIGATIONS OF J’EXCELLE AND THE STUDENT
7.1. The Student undertakes to assist J’Excelle in identifying problem areas in which the Student needs specific tutoring.
7.2. The Student is responsible to provide the school material and textbooks related to the Subjects selected on Page 1 of this Agreement.
7.3. The Student agrees that assignments, exercises or homework assigned by the Tutor form an integral part of the services of tutoring and undertakes to complete such work timeously.
7.4. J’Excelle shall keep confidential all information of the Tutor.
7.5. J’Excelle shall not assign any of its duties or obligations under this Agreement to a third party other than the Tutor without the written permission of the Student.
7.6. J’Excelle undertakes to deploy its best efforts to assign to the Student a tutor that best corresponds to its needs.
7.7. In no case and notwithstanding paragraph 1.3 of this agreement shall J’Excelle be held liable for damages caused by the Tutor or Student, including in case of misbehaviour or violation of the law by the Tutor or the student or any fortuitous event or any other cause not in the direct control of J’Excelle or not arising from the direct fault or omission of J’Excelle.
8. OBLIGATIONS OF THE TUTOR
8.1. The Tutor undertakes to do all preparation prior to sessions and to structure sessions in such a way as to optimize time to the benefit of the Student.
8.2. The Tutor shall at no time be required or obliged to execute homework or assignments on behalf of the Student.
8.3. The Tutor agrees to register each completed tutoring session on J’Excelle’s portal, correctly stating the exact duration of the tutoring session.
8.4. The Tutor undertakes not to divert J’Excelle’s clients under penalty of a fee starting at 500 Canadian dollars.
9. INDEPENDENT CONTRACTOR
9.1. It is expressly understood that the Tutor retains the services of J’Excelle as an independent contractor and not as an employee.
10. TERM AND TERMINATION
10.1. The Contract is effective at the time of registration of the Tutor. The terms and conditions of the contract may change at any time and they will come into effect automatically.
10.2. Either Party may terminate this Agreement at any time by giving the other Party 14 days prior written notice.
11.1. This Agreement constitutes the entire understanding between the Parties with regard to the subject matter thereof and the Parties waive the right to rely on any alleged expressed or implied provision not contained herein. Any alteration to this agreement must be in writing and signed by both Parties.
11.2. No relaxation, indulgence, waiver or release by any Party of any of the rights in terms of this Agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.
11.3. This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and of Canada. Any dispute between the Parties concerning the interpretation or application of the Agreement, which cannot be settled amicably, shall be brought before the courts of the judicial district of Montreal.
11.4. The Parties agree that the Agreement may be transmitted by facsimile, e-mail or similar forms of communication. The Parties further agree that signatures duplicated by facsimile, electronic signatures or similar authentication modes shall be treated as originals and each Party proceeding in such a manner undertakes to provide the other Party with a copy of the Agreement bearing its original signature forthwith, upon demand.
11.5. The Parties declare having read and understood the terms and scope of the present Agreement.
11.6. It is the express will of the Parties that the present Agreement be drafted in the English language. Il est de l’intention expresse des parties que ce contrat soit rédigé dans la langue anglaise.