Terms of Service
By Creating a Listing at http://www.cottageclass.com/create-a-listing you signify your consent to these Terms of Service
THE PARTIES TO THIS AGREEMENT ARE:
CottageClass, Inc. 589 Hicks Street, APT 4. Phone: (646)623-4802
(Hereinafter referred to as the "Company")
You (the person creating the listing and agreeing to the Terms of Service)
(Hereinafter referred to as the "Teacher")
The school or class you create in your listing http://www.cottageclass.com/create-a-listing
(Hereinafter referred to as the “Listing")
Whereas the Teacher shall provide an educational environment as described in the Listing they submit when consenting to these Terms of Service.
About the Company
CottageClass is a community marketplace for preK-12th grade education. We provide a marketing, enrollment and payments processing platform for leaders of educational environments (private schools, early childhood programs, homeschool coops or afterschool enrichment classes).. CottageClass is not a school. We are a marketplace for persons who want to offer new educational opportunities to their community.
TUITION FEES PAYABLE TO THE TEACHER
You, the Teacher, are responsible for setting your Total Fee. The Total Fee is the total amount that will appear on your listing. CottageClass will process 100% of all transactions and distribute 90% of the Total Fee to you. That 90% of the Total Fee will hereafter be referred to as the Operating Fee. This Operating fee represents the amount of money you wish to receive from each parent or guardian who enrolls a child in your Listing. The Total fee must be identical for every student enrolled, except as regards Scholarship Assistance as described below. There is no fee to list. CottageClass will collect all payments and distribute the Operating Fee to you. This Operating fee is the entirety and total of all monies that the Company will disburse to the Teacher. The Teacher agrees to fund the operation of the Listing wholly and solely by means of the Operating Fees, and in particular agrees not to raise or demand any further payment of any kind from the Company or from parents or guardians of children enrolled in the listing.
The Company charges a separate fee to every parent whose child attends a CottageClass school. Your Listing’s tuition (hereinafter the Tuition) is the Operating Fee plus the amount charged by the Company. The Tuition is entirely determined by the Company, and aside from the Operating Fee no part of it will be paid to the Teacher, nor may the Teacher revise the listed Operating Fee without the express written permission of the Company.
Minimum and maximum number of students: The Teacher is responsible for setting the minimum number of students needed in order to operate the Listing. Operating fees will be disbursed in full or according to the agreed upon payment schedule (see PAYMENT: Payment plans, below) on the first day of the Listing’s scheduled operation once the minimum enrollment is met and tuitions are received. By submitting a Listing, the Teacher agrees to provide the services described in the Listing during the scheduled period should the minimum number of students enroll.
Teacher payments will be sent to the online payment addresses specified upon creation of the Listing. The Company’s services include an online platform to split payments between multiple vendors by providing online payment addresses and amount due each vendor. Additional vendors may be added upon creating of new listings or following revisions to existing Listings. Under no circumstances will the Company disburse fees of any kind until the minimum enrollment is met and tuitions are received, and in no case will the Company disburse any monies in excess of the Operating fee.
The Company determines the cost of tuition charged to the parent based on your fee. The Company reserves the right to increase or decrease the tuition advertised in the Listing at anytime. Neither the Company nor the Teacher may change the amount of tuition due to a family already enrolled for a specific period.
The Teacher may not request additional fees from families for the services outlined in the Listing and is responsible for providing the services as described and contracted. The Teacher agrees that at no time will any funds whatsoever will be in any way solicited from any person on behalf of the Listing or the Teacher.
If at any time the Listing operates so as to sustain a profit or budgetary surplus, any such profit or surplus is entirely the Teacher’s and will not be claimed by the Company. If at any time the Listing operates so as to sustain a loss or budgetary deficit, any such loss or deficit is entirely the responsibility of the Listing and will not be reimbursed or paid by the Company.
Fees: Families enroll directly and pay in full for Listings through The Company. The Company charges takes 10% of all transactions and distributes the remaining 90% to you.
Payment plans: If the Listing is longer than one month in duration. Families may opt to choose a payment schedule where tuition is paid throughout duration of the Listing, but no later than one month prior to the final date. The Company will determine acceptable methods of payments. Teachers will be paid by The Company according to the tuition schedule established by the family starting on the first day of class and subsequently within (7) days of tuition payment to the Company.
Advance fees: A Listing may specify a portion (up to 100%) of the Operating Fee to cover expenses incurred prior to the first day of class. This portion of the Operating Fee will be disbursed to the Teacher when the minimum number of students has enrolled in the Listing and within (7) days of any further enrollments.
Cancellations: The Teacher may cancel, revise or remove the Listing at any time, provided no parent has paid tuition to the Company. The Teacher may similarly cancel revise or remove the Listing at any time prior to the Listing’s first day of operation by returning all disbursed fees, along with a $100 per student penalty, to the Company. If the Listed services cannot be provided at any time after the first day of operation, the Teacher must refund all Operating fees, along with a $100 per student penalty, to the Company on a pro rata basis. Advance Fees (see PAYMENT: Advance Fees, below) must be refunded in full.
Non-payment of tuition plan: In the event that a family does not honor their tuition agreement and the teacher does not specifically consent in writing to an early termination of the agreement, The Company will take reasonable measures to collect on the debt. Under no circumstances will the Company disburse Operating Fees before Tuition is received.
Scholarships: If the Teacher chooses to provide a scholarship to a family, they will specify the percentage to which the operating fee is reduced and the Company will reduce the Tuition fee proportionally.
ADDITIONAL TEACHER TERMS OF SERVICE
The Company provides standards Terms of Service Registration, Medical and Liability release forms designed to protect and inform Teachers and Families. Upon request, the Company will aid the Teacher in creating additional registration forms for families to fill out as a condition of enrollment.
It is the Teacher’s sole decision as to whether they choose to require additional forms. The Company is not responsible for ensuring the Teacher’s additional forms are completed.
The Teacher will respect the calendar established when creating the Listing. The Teacher will not be required to refund tuition for student absences.
OBLIGATIONS OF THE TEACHER
The Teacher undertakes to do or oversee all preparation prior to lessons, to structure lessons in such a way as to optimize time to the benefit of the students enrolled at the Listing and to deliver education as described in the Listing according to the description.
Furthermore, the Teacher agrees to adhere to the policies and procedures outlined in the CottageClass Teacher/Entrepreneur Handbook, as amended from time to time by the Company, which must be signed before the Listing begins operation and before any funds are disbursed.. Any person providing teaching or supervision of children on behalf of the Teacher or the Listing must also sign the CottageClass Teacher/Entrepreneur Handbook.
Photos The Company reserves the right to use any photos on the Teacher’s Profile or Listing in publicity materials for CottageClass in print or online.
OBLIGATIONS OF THE COMPANY
Tuition management: The Company collects all tuition payments, disburses Operating Fees to the Teacher and any additional vendors they assign in the listing (e.g. a space rental, co-teacher, assistant)
Role Clarity: The Company provides counsel to the Teacher as regards his or her role as a CottageClass Teacher/Entrepreneur.
Online presence: The Company maintains an online space for the Listing.
Marketplace: The Company provides Teachers with reminders including tips, and suggestions and an effective toolkit to direct potential students’ families to their CottageClass Listing. The Company may also from time to time recommend or feature a Listing. The Company does not guarantee its ability to recruit student families.
Social Network Testimonials: The company provides a platform for parents to provide a verified, public testimonial about their experience. Teachers who receive more positive feedback may be ranked higher in search results or featured by the Company. The Company does not permit or feature negative or unverified comments. The Teacher may not moderate or remove testimonials.
Enrollment, registration and liability release forms: The Company will create, maintain and make ensure parents and guardians have signed all necessary enrollment, medical and photo release forms before the first day of the Listing in accordance with local, state and federal laws.
User feedback The Company will collect feedback from families and will share the general tone of said feedback with the Teacher for purposes of professional development. CottageClass does not itself evaluate teachers, nor does it share individual comments..
Substitute and Specialty Coverage: Coverage for teacher absences is entirely the responsibility of the teacher. However, the Company has a short list of substitute and specialty teachers, which it can make available to Listings at the Company’s discretion. Payment for substitute teachers will be arranged between the teacher and the substitute, without recommendation or interference by the Company. The Teacher is expected to include a reasonable allowance for substitute coverage in the calculation of the Operating Fee.
Teacher training and professional development: The Company provides quarterly in-person trainings locally and live online training sessions. Previous live sessions are archived and may be viewed at the Teacher’s request.
Network of Teachers The Company connects the Teacher to a wide network of other CottageClass Teachers.
If a child withdraws from a Listing, it is the decision of the teacher to retain or refund. in whole or in part, that family’s Operating Fee .The Teacher may not under any circumstances refund the the Company fee.
The company makes no representations or guarantees as regards the behavior of any child, family or any other person introduced to the Teacher, directly or indirectly, through the Company. The Teacher reserves the right to refuse enrollment to any family, for any reason permitted by the laws of the controlling localities. Any Teacher found to discriminate on the basis of race, religion or sexual orientation will have all their listings and profile immediately removed from the site and the remainder of their tuition fees will not be disbursed.
The Teacher is exclusively liable for the services provided by their Listing and responsible for delivering quality content in a safe environment.
Only approved teachers may create Listings. The Company retains the right to deny any Teacher the ability to create a Listing for any reason or for no reason whatsoever..
The Company, the Teacher and the School, jointly and severally, make no promises or warranties with regards to any student's performance as a result of any services provided.
STATUS OF THE TEACHER
It is expressly understood that the Company retains the services of the Teacher as an independent contractor and not as an employee. The Teacher shall be responsible for his/her insurance and for all statutory declarations and contributions with regard to income tax.
The Teacher may not seek, encourage or accept enrollments for any student in their Listing except through the Company. Once the Company has accepted and posted a listing, the Teacher must direct all incoming applicant families to the Company’s website.
During the course of the Teacher’s contract and for a period of one (1) year following the termination of the Teacher’s relationship with the Company, the Teacher agrees not to work for or provide any services to any competitor of the Company. Neither shall the Teacher engage in any competitive activity with respect to the Company. Competitive activity includes, but is not limited to, forming or making plans to form a business entity to directly compete with any business of the Company, or seeking or obtaining employment by any School not receiving support from the Company.
This provision does not prevent the Teacher from seeking or obtaining employment or other forms of business relationships with a competitor after termination of contract with the Company so long as such competitor was in existence prior to the initiation of the Teacher’s relationship with the Company and the Teacher was in no way involved with the organization or formation of such competitor.
For a period of one (1) year following the termination of the Teacher’s contract and relationship with the Company, the Teacher shall not, directly or indirectly, call on, solicit, take away, or attempt to call on, solicit, or take away any customer of the Company on whom the Teacher has called or with whom the Teacher became acquainted during the term of the Teacher’s contract, as the direct or indirect result of the Teacher contract with the Company. Customers of the Company include but are not limited to any parents or guardians who have at any time paid tuition fees to the Company.
This contract may be terminated by either party at any time by giving the other party (90) ninety days prior written notice. Listings and Teacher profiles may be removed from the site at any time via email or written request to The Company. It is understand that The Company will retain fees from the full contracted tuition amount by the family.
RELAXATION OF TERMS
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.
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.
By submitting your Listing and agreeing to the Terms of Service you signify your consent to the Terms of this Agreement.