Employment Framework
Agreement of Part-time
Teachers
Party A: Imagination Technology（Beijing）Co., Ltd.
Address: Room 607, Gatemall Building B, Zhongguancun Ave, Haidian District, Beijing
Postcode: 100080
Tel: 010-60190788
Fax: 010-60190788
Party B:
Nationality:
Address (Homeland):
Address (China):
Tel (Homeland):
Tel (China):
Mobile (China):
Passport No.:
Email:
This Contract is voluntarily made between Party A and Party B for Party A engaging
Party B as a SAT part-time teacher to provide students of Party A or its partners with
teaching services, in line with the principles of friendship and equality, in accordance
with relevant policies, laws, and regulations.
I. Statement and Definition
1. Party B states that all individual information, including but not limited to passport
number, photocopy of passport, school reports of middle school, college, and SAT, 2
education history, working experience, nationality, and contacts, provided to Party A
are authentic and valid, without any falsification, or intentional concealment;
otherwise Party B shall be fully responsible for all losses sustained by Party A.
2. Both parties hereby agree that this Agreement shall be subject to Chinese laws;
unless otherwise specified herein, the currency used herein shall be RMB and time
shall be Beijing Time.
3. “China” referred to herein shall mean “the People’s Republic of China”; “Chinese
Law” shall mean existing laws of "the People’s Republic of China”; the geographic
territory of "China" includes Mainland China, Hong Kong, Macau, and Taiwan.
4. This Agreement is made in Chinese and English. Party A states that it had tried its
best to ensure the consistency between Chinese and English versions; in the case of
any discrepancy between the two versions due to the complexity of languages and
difference of personal understanding, the Chinese version shall prevail.
5. Both parties agree that all legal texts shall be sent to the emails and fax numbers
listed in this Agreement. The information shall be regarded as delivered if an email
containing such information has not been returned within 48 hours when a party
sends an email to another party.
6. “Curriculum” referred to herein shall mean Party A’s curriculum system, along with
a relatively fixed student number and teaching premises, where party B can fulfill his
or her teaching activities conforming to the specific teaching goal within the specific
teaching time.
7. Party A’s website shall mean all websites for which Party A has domains, website
codes, and website contents. Unless otherwise specified herein, for the purpose of
this Agreement the website referred to herein shall be the website of
www.isat.com.cn In the case of any change of relevant website or domain after the
conclusion of this Agreement, Party A’s statements shall prevail.
8. The emergency contact of Party B in China is:
Name Gender Tel
Email:_______________________ at(address ): ____
Where Party A cannot contact Party B effectively under specific circumstances, Party
B authorizes Party A to contact his emergency contact.
9. According to Party A’s curriculum system, a teaching unit contains 6 teaching hours
(or called as “class hour”), each of which contains 50-minute teaching and no more
than 10-minute break. The basic salary for each teaching unit is that of 6 teaching
hours.3
II. Contract Type
This Contract is the 2 (fill in No. of one of the following types)
1. Fixed term contract:
This Contract is a year contract. It comes into effect from to
______________(mm/dd/yy).Where Party B is undertaking any teaching assignment
arranged by Party A when this Agreement terminates, this Agreement shall
automatically extend to the completion of such teaching assignments.
2. Flexible term contract:
This Contract comes into effect from 09/18/2014 to the occurrence of conditions
that terminate this Contract. Where Party B is undertaking any teaching assignment
arranged by Party A upon the occurrence of such conditions, this Agreement shall
automatically extend to the completion of such teaching assignment. Salary for SAT
VIP class is 200RMB/hour, for private class is 300RMB/hour. If meet special course,
refer to the Description of Teaching Assignment.
3. Contract for specific teaching assignment:
The term shall be subject to the completion of the teaching assignment of:
and shall come into effect from to the
completion of such teaching assignment.
For detailed description of the teaching assignments please refer to Appendix I.
III. Rights and Obligations of Both Parties
1. In the case of a “fixed term contract” and “flexible term contract”, Party A will, ten
days prior to the commencement of each curriculum, notify several qualified
teachers, including Party B, of the starting date, arrangement, and place of such
curriculum and other information. Party B shall, within two days after receiving the
notice issued by Party A, reply to Party A whether he or she is able to take such
teaching assignment.
2. In the case of a “fixed term contract” and “flexible term contract”, Party A will have
the right to elect the most appropriate teachers at its own discretion to undertake
such teaching assignments, where Party A has more teachers, including Party B, who
are able to undertake such teaching assignments. Under such circumstance, Party A
is obliged to notify Party B, at least one working day prior to the commencement of
such curriculum, that Party A has not elected Party B for the specific teaching
assignment. In cases where Party A eventually elects Party B to complete all or part
of a given teaching assignment, both parties may automatically form a class schedule
attachment hereto in accordance with the rights and obligations agreed herein. 4
3．In the case of all types of contracts, Party A is entitled to make appropriate
adjustments to the teaching faculties in accordance with the agreement made with,
and at the request of its partners, where such curriculum is opened by Party A’s
partners. Under such circumstances, if Party B violate any item set in this agreement
Party A is entitled to unilaterally and unconditionally suspend Party B’s teaching
assignment of such curriculum, without any breaching liabilities, where Party A’s
partners requires the placement of teachers in writing. This clause is called as “veto
by one vote of Party A’s partners”.
4. In the case of all types of contracts, Party A shall properly reserve the right to
adjust the curriculum arrangement without compensating Party B for whatsoever
reason due to the advancement and unpredictability of the arrangement of
curriculum time.
5. Party B shall strictly follow the teaching outline rendered by Party A in preparing
lessons and teaching, and hand out teaching plan one day in advance and teacher
report after finishing each certain day’s teaching tasks via email. In the case of any
change, Party B shall, one day prior to such change, apply to Party A in writing,
stating the reason therefore, and shall be subject to the written consent from
Party A. Adjustment to the teaching contents without Party A’s written consent will
be deemed as a “severe violation” of this Agreement.
6. Party B shall teach on time and check the attendance of students according to the
arrangement of Party A. Party A is entitled to deduct Party B’s salary for the teaching
hours, teaching days, or teaching unit, as the case may be, where Party B is late for a
class, takes early leave, or falls short in teaching hours without Party A’s prior
approval.
7. Party B shall complete teaching assignments with high quality, arrange homework
for students, and correct all homework of the last day submitted by students prior to
the start of next class, according to Party A’s teaching requirements. Any failure of
arranging or correcting homework without Party A’s prior approval will be deemed as
a “severe violation” of this Agreement and Party A, under such circumstance, is
entitled to directly deduct Party B’s part of whole salary of such teaching unit and
reserve the right to require compensation from Party B.
8. During teaching, Party B shall report his or her lesson preparation and quality
to the teaching director of Party A once a week, with a copy to the vice president in
charge of teaching, academic director or other personnel as specified by Party A. The
report shall be made via email.
9. Where Party B has to be late for a class, take a leave, or finish a class earlier due
to personal reasons, he or she shall notify Party A two weeks in advance so that Party
A can arrange a substitute teacher and coordinate with its partners or students. 5
Otherwise, Party A is entitled to deduct Party B’s salary of such teaching unit and
reserve the right for compensation.
10. Party B shall abide by all laws and regulations of the People’s Republic of China
and may not interfere with any internal affairs of China and express any opinions
relating to Chinese Government and its policies; otherwise, Party A is entitled to
unilaterally and unconditionally terminate this Agreement and reserve the right for
compensation from Party B for all losses made to Party A. This clause is called as
“veto by one vote of politically sensitive issues”.
11. Within the duration and after the termination of this Contract, without Party
A’s approval, Party B cannot provide any curriculum the same as Party A’s curriculum
system, or using Party A’s curriculum system, teaching material or tools, in any other
institutions whatsoever. Otherwise, Party A is entitled to suspend the payment of any
remuneration to Party B and may reserve the right to charge Party B of liabilities.
12. Except authorship rights and personal rights, Party A shall have all intellectual
property rights of Party B’s teaching files, speeches, and texts, picture and video
materials recorded during the session of Party B’s teaching. In using such materials,
Party A is not required to obtain Party B’s approval and does not pay any
compensation to Party B.
13. The remuneration paid by Party A to Party B for a specific teaching assignment
shall be stated in Appendix I (Specific Teaching Assignment Schedule) after Party B’s
confirmation. Where Party B has completed the teaching assignment in full in
accordance with this agreement and its attachment and the requirements set forth in
the teaching outline without being late to class, taking early leaving or other
breaching conditions, Party A shall pay “basic salary for class hours” to Party B as
agreed herein.
14. Party A shall pay the basic salary for class hours to Party B on monthly basis
where Party B starts teaching. Party A shall pay the salary for class hours actually
accrued in the last month to Party B on the 15th of each month. Where the pay date
is changed, Party B shall be notified by Party A.
15. The RMB account of Party B in China is:
Beneficiary Bank:
Account Holder:
Account Number:
16. Party B shall be responsible for relevant income tax imposed of by Chinese laws.
Party A will not withhold such tax for Party B.
17. Party A shall provide Party B with, including but not limited to, curriculum
outlines, schedule, slides, and necessary authority, premise and projection
equipment for online learning system. Laptop and Internet access required in Party
B’s teaching shall be prepared by Party B. Party A shall be responsible for the delay of
curriculum due to the failure of equipment rendered by Party A and Party B for the
delay of curriculum due to the shortage or failure of equipment rendered by Party B.
18. During teaching, Party A will provide Party B with teaching support and
guidance.
19. Under the duration of this contract, Party B authorizes Party A to publish,
including but not limited to, Party B’s photos, video, personal information, speeches,
or text for advertising on, including but not limited to, Party A’s website, advertising
page, video advertisement, and billboard. Party B understands that the expense paid
by Party A to Party B includes the charges of Party B’s portrait and personal
information and, thus, Party A does not need to pay any extra cost.
20. After the termination of this Agreement, Party A shall, within 30 working days,
remove Party B’s information on Party A’s website, without Party B’s written or oral
consent. Article 12 of “Rights and Obligations of Both Parties” is not subject to this
Clause.