Tutor Terms | Lern Academy

1. Scope

These Tutor Terms govern the relationship between Lern Academy and its tutors (the “tutors”) and applicants. They apply to all assignments, agreements and any correspondence (oral, written or electronic) in connection with the activity as a tutor.

By applying, and at the latest on taking up the activity, the tutor accepts these Tutor Terms as binding.

2. Application and information

The application is made in writing, by email or via the designated online form. The tutor provides truthful information on their education, qualifications and experience and evidences this on request. Any change to material information (e.g. contactability, availability, qualifications) must be reported to Lern Academy without delay.

3. Legal relationship (simple mandate)

The tutor is engaged by Lern Academy under a simple mandate pursuant to Art. 394 et seq. OR; this establishes no employment relationship. The tutor is free to accept or decline offered assignments; an accepted workload (Pensum) is binding. Unless a competent authority qualifies the activity otherwise, the tutor is responsible for their own taxes and social-security contributions. The scope, remuneration and further individual conditions are set out in the mandate agreement.

4. Assignments

Lern Academy allocates students to tutors and organises the assignments. If a tutor agrees to take on a workload (Pensum), that undertaking is binding. The tutor delivers the tuition personally; delegation to third parties is not permitted without the prior written consent of Lern Academy (Art. 398 para. 3 OR).

5. Duties and diligence

The tutor performs the mandate carefully and faithfully and in the best interests of the students and of Lern Academy (Art. 398 OR). This includes in particular punctuality, appropriate lesson preparation, a high standard of tuition, documentation of the lessons held and compliance with the organisational instructions of Lern Academy (Art. 397 OR).

6. Free trial lesson

Before a regular workload begins, a free trial lesson of 90 minutes generally takes place, in the course of which the tutor and the client get to know one another. The trial lesson is not invoiced or remunerated as a separate item; the tutor’s remuneration for it is included in the compensation for the subsequent regular lessons arising from the engagement. If the tutor cancels an agreed trial lesson at short notice or without excuse, this may be taken into account in the further allocation of assignments.

7. Remuneration and accounting

The remuneration (fee) is governed by the individual mandate agreement and the current rate scheme of Lern Academy. The lessons actually held and confirmed by Lern Academy are remunerated. The tutor reports the lessons held truthfully and on time in accordance with the requirements of Lern Academy. Payment is made in accordance with the modalities set out in the mandate agreement.

8. Cancellations, absence and lateness

If the tutor is unable to hold an agreed lesson, they inform Lern Academy and the client concerned without delay, as a rule at least 24 hours in advance. In the event of illness or accident, Lern Academy must be notified immediately. If the tutor arrives late, the time lost is made up in full. Repeated or short-notice cancellations without good cause may be taken into account in the continuation of the mandate and the further allocation of assignments.

9. Duty of loyalty during the mandate

For the duration of the mandate, the tutor refrains from any competing activity that could cause economic harm to Lern Academy (duty of faithful performance, Art. 398 para. 2 OR). In particular, the tutor is prohibited from privately teaching, or soliciting, clients introduced by Lern Academy, whether directly or through third parties.

10. Client protection, non-solicitation and non-circumvention

Where the contact between the tutor and the client arose through Lern Academy, the tutor is prohibited, during the mandate and for 2 years after its end, from privately teaching such clients while circumventing Lern Academy, whether directly or through third parties, and from accepting or arranging such a private teaching relationship.

This prohibition applies in particular as soon as the tutor has taken on a workload (Pensum) and taken part in a trial lesson in the course of which the client’s contact details are exchanged. It applies regardless of whether the tutor and the client were already acquainted beforehand.

In the event of a breach of this prohibition, the tutor owes Lern Academy a contractual penalty (Konventionalstrafe) of CHF 5,000 per client concerned. Payment of the contractual penalty does not release the tutor from compliance with the prohibition. The assertion of any further damage exceeding the penalty and the claim to cessation of the conduct in breach of contract remain reserved (Art. 160 et seq. OR). The tutor is likewise prohibited from soliciting other tutors or clients of Lern Academy.

11. Confidentiality

The tutor keeps confidential all business and client information that comes to their knowledge in the course of the mandate (Art. 398 para. 2 OR). Client contact details may be used solely for the performance of the allocated assignment and not for the tutor’s own or third parties’ purposes outside Lern Academy. The duty of confidentiality continues to apply after the end of the mandate.

12. Data protection

The tutor processes the personal data of students and clients solely within the scope of the allocated assignment, in accordance with the instructions of Lern Academy and in compliance with the Swiss Federal Act on Data Protection (DSG). Data no longer required is to be deleted or returned in accordance with the requirements of Lern Academy.

13. Use of profile, information and images

Tutors who provide Lern Academy with their profile, personal information, evidence of qualifications and photographs grant Lern Academy the non-exclusive right, unlimited in territory and time, to use this content for the following purposes: (a) to present the tutor concerned to existing and prospective clients, in particular on the website www.lern-academy.ch and in the course of selecting and arranging a tutor for the free trial lesson; and (b) for the marketing and advertising of the services and the platform of Lern Academy. This consent is given voluntarily and may be withdrawn at any time in text form with effect for the future; uses that have already lawfully taken place remain unaffected.

14. Editing and preparation of images

Lern Academy is entitled to prepare and edit the images provided for a consistent and professional presentation, in particular to adjust the framing and to adjust or replace the image background. Modern, computer-assisted editing methods may be used for this purpose. The appearance and identity of the person depicted remain essentially unchanged. The tutor warrants that they hold the necessary rights in the submitted content and consent to its use and editing to the extent set out above. Any editing and use are carried out in compliance with the DSG and the personality rights of the person concerned.

15. Intellectual property

Teaching and learning materials that the tutor creates specifically in fulfilment of the mandate are assigned to Lern Academy, or granted to it for use, to the extent legally permissible; this transfer of rights is compensated by the remuneration for the mandate. Materials and systems provided by Lern Academy may be used solely for the allocated assignments.

16. Taxes, social security and insurance

As the tutor is engaged under a mandate and not as an employee, the tutor is responsible for their own taxes and social-security contributions (in particular AHV/IV/EO) and for adequate insurance cover (in particular liability and accident insurance). Should a competent social-security authority qualify the activity as dependent employment, the resulting statutory consequences apply and Lern Academy and the tutor will make the necessary arrangements.

17. Liability

The tutor is liable to Lern Academy for the careful and faithful performance of the mandate in accordance with Art. 398 OR and, more generally, Art. 97 et seq. OR. If the tutor causes damage through a breach of these Tutor Terms, in particular of the client-protection provision, they indemnify Lern Academy within the statutory framework.

18. Conduct and protection of minors

The tutor behaves professionally and respectfully towards students and clients at all times. Particular care is required in dealing with minors; inappropriate private contact or transgressions of boundaries are prohibited. The tutor reports any safety-relevant incidents to Lern Academy without delay.

19. Termination of the mandate

The mandate may be revoked or terminated by either party at any time (Art. 404 OR); termination at an inopportune time gives rise to a duty to compensate only within the statutory limits. On termination, the tutor returns all materials, documents and data of Lern Academy or deletes them as instructed. The provisions on confidentiality (section 11) and client protection (section 10) continue to apply beyond termination.

20. Amendments

Lern Academy reserves the right to amend these Tutor Terms. Amendments are communicated to tutors in an appropriate form. The current version applies in each case.

21. Governing law and place of jurisdiction

The relationship between Lern Academy and the tutor is governed exclusively by Swiss law, in particular the Code of Obligations. For disputes arising out of or in connection with the mandate, the registered seat of Lern Academy applies as the place of jurisdiction, subject to any mandatory statutory fora.

22. Severability clause

Should individual provisions of these Tutor Terms be invalid or incomplete, the validity of the remaining provisions is not thereby affected. In place of the invalid provision, a rule applies that comes closest to its economic purpose.