Tutor Terms

1. Definitions

Capitalized terms have the meanings given in the Student Terms Section 1. Additional terms below apply specifically to Tutors:

• "Margin Rate" — the percentage of the Lesson Fee you receive, before applicable taxes and transfer fees.
• "Payout" — the amount NWE transfers to you for completed lessons.

2. Application of These Terms

These Tutor Terms apply to all Tutors offering lessons via the Service. The Student Terms apply to you with respect to any bookings you receive as a Tutor. Japan Standard Time (JST) applies to all dates and times.

3. Eligibility and Verification

• You must be at least 18 years old and legally capable of entering binding contracts.
• You must be legally permitted to work as an independent contractor in both your home country and your country of residence.
• You are an independent contractor. Nothing herein creates an employment, agency, or partnership relationship with NWE.
• You authorize NWE to perform identity verification (KYC) and, where required by law, tax identification checks. NWE may reject or revoke a Tutor registration at its discretion.

4. Use of the Service

You agree to put Students' needs first, deliver lessons professionally, and respond to Student communications in a timely manner. You are solely responsible for the content, quality, and legality of your lessons.

NWE may, but is not obliged to, monitor lessons and communications for quality, safety, fraud prevention, and compliance. NWE reserves the right to cancel a Tutor's registration at its sole discretion if the Tutor's conduct, lesson quality, or customer service materially falls short of NWE's standards.

5. Conflicts With Other Users

Disputes with Students, other Tutors, or third parties must be resolved directly between the parties. You indemnify NWE for any cost, including reasonable legal fees, arising from your disputes.

6. Tutor Registration

You may register by completing the Tutor application form. All information must be truthful and accurate. NWE may reject an application or revoke a registration at any time, with or without cause. You must keep your profile information current.

7. Suspension or Cancellation

NWE may suspend or cancel a Tutor registration without prior notice on any breach of these Terms, on conduct detrimental to the Service, or where continued registration is otherwise inappropriate.

8. Password and Account Security

You are responsible for keeping your account credentials confidential. NWE is not liable for unauthorized use of your account. Notify support@nwenglish.com immediately if you suspect unauthorized access.

9. Equipment, Connectivity, and Recommended Environment

You are responsible for procuring and maintaining the hardware, software, and internet connection required to deliver lessons. NWE is not liable for lesson failures caused by your equipment or network.

Recommended environment:

• Browser: latest stable Google Chrome, Mozilla Firefox, Microsoft Edge, or Apple Safari.
• Operating system: Windows 10/11, macOS 12+, iOS 16+, or Android 12+.
• Network: at least 5 Mbps up and down. Wired connection recommended for stable video.
• Hardware: headset with microphone, webcam (minimum 720p), quiet and well-lit teaching environment.
• Backup: have a secondary network (e.g. mobile hotspot) ready in case your primary fails.

Lessons delivered outside the recommended environment that fail due to environment issues are your responsibility. Repeated failures may affect your verification status.

10. Lesson Fees and Payouts

• You set the Lesson Fee for each lesson type in Tokens within the range permitted by NWE.
• Your Margin Rate is 70% of the Lesson Fee in Tokens (or such other rate as NWE publishes from time to time).
• 1 Token = 1 Japanese Yen for payout calculations. NWE converts JPY to your selected payout currency at the published rate.
• You may request a Payout for lessons completed at least one (1) day before the request. Payouts are processed by the 15th of each month for requests made on or before the 3rd.
• Payout requests must be made within six (6) months of the lesson date. Unclaimed lesson fees after that period are forfeited.
• NWE may withhold a Payout if (a) a Student has requested a refund with just cause, (b) a lesson is believed to have been disrupted for more than 20% of its duration, (c) we have reason to believe you violated these Terms, (d) your bank details are incomplete or incorrect, or (e) NWE reasonably believes withholding is necessary.
• You are responsible for all taxes on your Payouts in your country of residence.

11. Lesson Agreement, Cancellation, and No-Show

A Lesson Agreement is formed when you confirm a Student's booking. You must deliver the lesson as scheduled.

• Student cancellation > 24h: no charge to either party. Token returned to Student.
• Student cancellation < 24h or no-show: you are paid the full Lesson Fee as if the lesson was delivered.
• Student late arrival: if the Student joins more than 10 minutes late, you may end the lesson at the scheduled end time and still receive the full Lesson Fee.
• Student no-show beyond 15 minutes: the lesson is automatically closed; Lesson Fee is paid to you.
• Your cancellation > 24h: reschedule at no charge, no Lesson Fee.
• Your cancellation < 24h: Token returned to Student plus 10% goodwill credit issued by NWE; you receive no Lesson Fee. Three (3) such cancellations within a rolling 90-day period may affect your verification status.
• Your no-show: no Lesson Fee; Token returned to Student plus 10% goodwill credit; recorded against your reliability score.
• Follow the Cancellation Policy for Tutors for full procedure.

12. Prohibited Conduct

In addition to the Student Terms Section 15, you may not:

• Offer services requiring licensure (legal, medical, accounting, etc.) without holding the required licence.
• Offer services that are criminal, discriminatory, or contrary to public order and morals.
• Solicit Students to transact outside the Service or to join a competing platform.
• Arrange in-person lessons with Students unless expressly permitted by NWE in writing.
• Use face or voice filters that materially misrepresent your identity.
• Place booking requests to yourself or to a close affiliate (relative, partner, cohabitant) without NWE's prior written permission. Breach results in lesson annulment, forfeiture of fees, and possible account closure.
• Deliver free lessons without NWE's written permission, except for trial lessons that lead to paid bookings.

13. Tutor Responsibilities

You agree to:

• Keep your profile and lesson information accurate and up to date.
• Deliver lessons truthfully, accurately, and professionally.
• Begin and end lessons on time per the Lesson Agreement.
• File and pay all taxes due on your Lesson Fees in your country of residence.
• Comply with all applicable laws, including those governing online education, consumer protection, and anti-money-laundering.

14. Confidentiality

You agree to keep confidential any information you receive about other Tutors, Students, or NWE through the Service, both during and after your registration. You may not use such information for any purpose other than executing Lesson Agreements.

15. Licence to Your Content

You retain ownership of content you upload (profile, lesson materials, videos, feedback). You grant NWE a non-exclusive, worldwide, royalty-free, sublicensable licence to host, display, reproduce, modify, translate, and distribute that content for the purpose of operating and promoting the Service.

16. Communication Tools

You may use the in-platform meeting room or, by mutual agreement with the Student, an external tool (Zoom, Google Meet, LINE). You must comply with the terms of service of any external tool. NWE is not responsible for failures of third-party software.

17. Data Protection (APPI + GDPR)

With respect to personal data of Students you process through the Service, you agree to act as an independent controller or processor (as applicable) and to comply with APPI and GDPR. You may not retain Student personal data after a Lesson Agreement ends except as required by law. See the Privacy Policy for NWE's data practices. Questions: privacy@nwenglish.com.

18. Disclaimer and Limitation of Liability

The Service is provided "as is". NWE makes no warranty regarding the availability, reliability, or quality of the Service. To the maximum extent permitted by law, NWE shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to the Service or these Terms. NWE's aggregate liability for any claim shall not exceed the total Lesson Fees NWE paid you in the three (3) months preceding the event giving rise to the claim.

19. Indemnity

You agree to indemnify and hold NWE harmless from any claim, damage, or expense (including reasonable attorneys' fees) arising from (a) your lessons or content, (b) your breach of these Terms, (c) your tax obligations, or (d) your violation of any law or third-party right.

20. Service Changes and Suspension

NWE may modify, suspend, or discontinue the Service, in whole or in part, at any time. On full discontinuance, NWE will pay out accrued Lesson Fees per Section 10 within 60 days.

21. Intellectual Property

The Service, including its source code, design, text, graphics, logos, and software, is owned by NWE and protected by copyright, trademark, and other laws. Nothing herein grants you any right to use NWE's marks or trade dress except as required to use the Service as intended.

22. Revision of These Terms

NWE may revise these Tutor Terms at any time. We will notify you of material revisions by email or in-product notice and, where required by GDPR or APPI, obtain your consent via the re-accept flow. Continued use after the effective date constitutes acceptance of the revised Terms.

23. Termination

You may terminate your Tutor registration at any time, subject to completing any pending Lesson Agreements. NWE may terminate or suspend your registration for any breach of these Terms or for conduct detrimental to the Service. On termination, accrued Lesson Fees will be paid per Section 10, less any amounts owed to NWE.

24. No Assignment

You may not assign or transfer your account, these Terms, or any Lesson Agreement without NWE's written consent.

25. Rejection of Antisocial Forces

You represent that you are not, and have not been in the past five years, a member of any Antisocial Force (as defined in the Student Terms Section 27) and that you have no relationship involving Antisocial Forces.

26. Breach Notification

In the event of a personal-data breach affecting Student data you process, you must notify NWE within 24 hours at privacy@nwenglish.com and cooperate with NWE's notification to the supervisory authority within 72 hours.

27. Governing Law and Jurisdiction

These Tutor Terms are governed by the laws of Japan, without reference to conflict of laws. The Tokyo District Court or Tokyo Summary Court has exclusive jurisdiction over any dispute arising out of or relating to these Terms.

28. Language

These Terms are written in English. Translations are for convenience only; in case of conflict, the English version prevails.

29. Survival

Sections 3, 5, 9, 10, 12, 13, 14, 15, 17, 18, 19, 21, 25, 26, 27, and 28 survive termination of your registration.

30. Questions

Contact support@nwenglish.com for any question about these Tutor Terms.