General Terms and Conditions
Last revision of the following General Terms and Conditions: 30.03.2021
The following General Terms and Conditions govern the relationship between MusiProf, hereinafter referred to as 'MusiProf'/ 'We', and you, hereinafter also referred to as 'User'/'Teacher'/'Student', for all contracts concluded via the MusiProf platform.
In order to ensure that the website provides a safe environment for offering and receiving tutoring services, all users are required to accept and comply with the following terms and conditions.
By accessing and using this website, you agree that you have read and understood as well that you agree to be legally bound by the terms and conditions.
We reserve the right to amend the Terms and Conditions at any time and without giving reasons. Any changes will be published by stating the last date of revision at the beginning of the Terms and Conditions. We therefore ask you to check the Terms and Conditions regularly to ensure that you agree with them continuously.
2. General Conditions for Students
2.1. Scope of Services
MusiProf is a platform where you can find professional teachers for any course of study or subject.
After you have registered as a student on the platform, you can book lessons with a suitable teacher. The basis of the lessons is the subject matter of the agreed subject, adapted to the needs of the student. The teacher will provide the student with teaching materials, if requested. The amount of time spent on lessons corresponds to the number of class hours booked. If the lessons are carried out online, the teacher will instruct the student in the use of the equipment and software used. However, basic knowledge of computer operation is assumed. Classes can be carried out in individual as well as group lessons.
2.2. Service Delivery
MusiProf works with freelancers and independent professionals to carry out the services.
2.3. Utilisation of the Services
The teacher agrees with the student on the time and place as well as the content of the lesson.
All appointments are documented in the student's profile before or at the latest after a session. The student will be asked to check the correctness of the documented lessons on a regular basis.
2.4. Conclusion of the contract
With the online booking of lessons, the contract is considered concluded.
After conclusion of the contract, you will receive an e-mail as confirmation of your order.
The contractual service includes the booked teaching units.
2.5. Right of Withdrawal
You have the right to withdraw from the contract without giving any reason within fourteen days of the conclusion of the contract.
To exercise your right of withdrawal, you must inform MusiProf of your decision to withdraw from this contract by means of a clear statement.
2.6. Obligation of the student
The student undertakes to prepare himself/herself for the lessons in terms of content and organisation.
The student provides the teacher with his/her current teaching materials and regularly informs the teacher about current contents so that the tutor can optimally adapt the lessons to the student.
Furthermore, the student undertakes to keep to agreed lesson appointments and, if necessary, to cancel at least 24 hours before the start of the lesson.
If there are delays, the student is obliged to inform the teacher in good time.
2.7. Cancellation of Lessons
The student is required to cancel scheduled lessons at least 24 hours prior to the start of the lesson.
2.8. Prices and Payment Conditions
The prices of lessons may vary depending on the subject area and level.
In any case, payments are processed online via the website.
The teacher documents all appointments on the website.
The student is responsible for regularly checking the correctness of the dates given.
Additional hours beyond those already paid for initially will be billed monthly on the 1st of the following month.
MusiProf will charge a compensation fee of 1,500 Euros if the student asks or persuades the tutor to bill the tutoring independently of MusiProf for his/her own account or for the account of a third party. In this case, the 14-day right of withdrawal also does not apply.
3. General Scope for Teachers
All teachers are subject to the following general conditions as well as the framework agreement for freelancers.
3.1. Working as a Teacher
MusiProf places orders with the teacher with a predetermined learning module, which comprises a predetermined number of class hours with a predetermined student.
The teacher undertakes to carry out the lessons in coordination with MusiProf.
The teacher is free to organise the teaching activities as he wishes.
The teacher is entitled to refuse new orders from MusiProf.
The agreed units of already accepted orders must be carried out completely.
3.2. Service Delivery
Lessons can take place both online and in person, in consultation with the student agreed premises.
- If the classes take place online, the teacher and the student decide together which software is to be used. The teacher undertakes to instruct the student, if necessary, in the use of the technical aids used.
- Should the lessons take place on site, the teacher will conduct the lessons on the premises of the student, unless otherwise agreed.
- The teacher is free to arrange other premises for the conduct of the sessions together with the student.
- The teacher is the face of MusiProf and undertakes to strive for the highest possible quality of lessons.
- The teacher undertakes to contact the student within 24 hours of receiving the order. Furthermore, the teacher must answer emails from MusiProf within 24 hours.
- Both contracting parties undertake to inform each other if problems or foreseeable time delays should arise during the implementation.
3.3. Financial Compensation
- The teacher is remunerated for his/her teaching work in the form of an hourly fee. The amount of the desired fee will be discussed during the interview, but always depends on the educational level of the student and varies per assignment.
- The teacher agrees to document all appointments on the website.
- The documentation of these appointments is considered an invoice from the teacher to MusiProf.
- The teacher commits himself/herself to refrain from carrying out lessons on own account or on account of third parties with all students referred in the course of the cooperation.
- The teacher acknowledges and accepts that MusiProf will regularly check compliance with this agreement with test students.
- MusiProf charges a compensation fee of 1500 Euro if the teacher provides classes to MusiProf's students on his own account or on the account of third parties.
3.4. Reimbursement and other claims
As a freelancer, you are responsible for the taxation of your income in the country of permanent residence.
3.5. Liability and Warranty
Should MusiProf be held liable due to services provided by the teacher, the teacher agrees to indemnify MusiProf from such liability.
3.6. Labour Law protective measures
In application of the principle of freedom of contract, the possibility of concluding an employment contract has deliberately not been used. It is not intended to circumvent labour law or labour law protection regulations. Rather, the freelancer is to be left full freedom of choice in the utilisation of his or her labour. No personal, economic or social dependence beyond the scope of this agreement is established.
4. Limitation of Liability
- You accept and agree that our services are offered for the purpose of providing lessons and not for the purpose of abuse or fraud. You agree not to instruct teachers to complete homework, assignments, exams or otherwise work on your behalf.
- Further, you agree not to use our service for any purpose that violates the academic honesty policies or other codes of conduct of your school, university, academic institution, or workplace.
- By using our services, you agree that MusiProf will not be held liable for any decisions you make based on our services or recommendations, and that any consequences arising therefrom are your own.
- Under no circumstances can you hold MusiProf liable for your actions. You cannot hold MusiProf or any MusiProf employee liable for any loss or expense incurred by you, as a result, of any guidance, advice, coaching, materials or technology provided by MusiProf.
- We expressly disclaim any liability or claims that may arise between clients and freelancers. You are solely responsible for your interactions and any disputes with other users.
5. Salvatory Clause
In the event of the initial or subsequent invalidity of one or more provisions of these General Terms and Conditions, the validity of the remaining provisions shall not be affected.
A valid provision that comes closest to the legal and economic purpose shall then be deemed agreed.