TRAINER TERMS AND CONDITIONS
Techmindz, a partnership firm, having its office at Ground floor Carnival Infopark, Phase I, Kochi-682042 India, is an online educational platform interalia providing various courses and programs such as Python, JAVA, MERNSTACK, Software testing, Flutter, RPA, Digital Marketing, NODE JS. Please read the terms and conditions carefully. You shall be enrolled as a freelance trainer on our platform only if you unconditionally accept the terms and conditions contained here. You may either accept the online version or in case you opt for email version, please reply with an acknowledgement stating that you unconditionally accept the terms and conditions sent as attachment to your email. If you do not accept these terms as a whole or any portion thereof, please refrain from enrolling as a freelance trainer on our platform. You understand and acknowledge that once you accept these terms and conditions, a legally binding contract is formed between you and Techmindz.
In this document, “Techmindz”, “We”, “Us”, “Ours” shall denote Techmindz; “You”, “Yours”, “Trainer” shall mean the individual who has enrolled as a freelance trainer with techmindz online platform.
1. ENGAGEMENT AND SCOPE
1.1 Subject to our discretion and subject to completion of all formalities applicable including but not limited to your unconditional acceptance of these Terms and Conditions (T&C) you are hereby appointed as a freelance trainer on our platform.
1.2 Your shall have such duties and responsibilities and the scope of Training and its details are more particularly described in Annexure A of this T&C.
1.3 We retain the right to alter, cease or modify the scope of Training at our sole discretion, however we shall provide you with a prior notice.
1.4 You hereby acknowledges and agree that you have no authority to act or represent or enter into any contract or incur liability on behalf of Techmindz.
1.5 The term your engagement shall be emailed to your separately and this T&C (including any modified version) shall be applicable throughout your term of engagement with us.
2.1 You shall be entitled to training fee at such rates as agreed between You and Techmindz and the details shall be mailed to you separately.
2.2 Taxes, including Income tax or TDS shall be deducted from the consideration as per the prevailing laws. You agree to pay all tax, penalty and interest, if any, paid by us on your behalf.
2.3 You hereby agrees and acknowledges that in the event the training exceeds the term or hours already agreed upon, attributable to your actions, omissions or negligence, then we shall not be liable for any additional payment.
2.4 You agree that you are not our employee and accepts that you shall not be eligible for any benefits other than stated in Clause 2.
3. YOUR RESPONSIBILITIES
3.1 You shall be responsible for imparting training in the manner as stated in Annexure A or as prescribed by us from time to time. The total number of sessions, time period, intermissions between sessions, topics to be covered in each session and other related matters shall be detailed out in Annexure A.
3.2 You agree that you may be deputed for imparting training at the offices/ or other locations of Techmindz and customers of Techmindz and you undertake that you have no objection with respect to such deputations.
3.3 You shall use your best efforts to impart training and complete your duties as contemplated in this Agreement, follow the trainer guidelines in Annexure A and shall strive to achieve the KPIs as set out in Annexure A.
3.4 You shall always behave in a professional manner and shall be courteous to the management, trainees, employees and other staff of Techmindz.
3.5 You, as an independent contractor, agrees to indemnify, defend, and hold us harmless from any and all liability arising out of or in any way related to the training pursuant to this T&C, including any liability resulting from your intentional or reckless acts or any acts or omissions on your part.
3.6 You shall be governed by our general rules, regulations, and policies currently in force or as amended or introduced by us from time to time.
4. RESPONSIBILITIES OF THE CLIENT
4.1 We shall ensure that the consideration is paid to you as agreed.
4.2 We shall provide various course modules, and materials to you for imparting training to trainees including the permission to provide training on existing projects of various third-party organizations
5. INTELLECTUAL PROPERTIES
5.1 You agree that all development, invention, creation, modification, enhancement, documentation including but not limited to computer programming, source code, data, contacts, tests, techniques, articles, project report, presentations, flow chart, diagrams, sketches, drawings, description, designs, work notes and other copyrightable materials to which whether you make any contributions, during this engagement are “works made for hire” and are owned exclusively by Techmindz. You shall not violate and infringe our Intellectual Property Rights or that of any third parties while imparting training.
6. CONFIDENTIALITY AND NON-DISCLOSURE
6.1 While working for us, you may come across, or be given, information that is confidential. Confidential Information includes customer lists, business strategies, research & development notes, statistics about a website, training modules and materials and other information that is private/proprietary. You hereby undertakes to treat this information as if confidential information and shall not share it with any third party without our written permission. You may use this information only to perform your obligations training under this engagement, and not for anything else.
6.2 You agree that you shall hold in trust any confidential information received under this engagement and the strictest of confidence shall be maintained in respect of such confidential information. You agree that the obligation of confidentiality with respect to any confidential or proprietary information received from Techmindz during the term of this engagement shall continue even after the expiry of the engagement. You further agree that you shall not duplicate, sell, use, lease, manufacture, or assist others to use or utilize the confidential information other than, as may be reasonably necessary to fulfil the objects of this engagement and with the written permission of Techmindz.
6.3 You hereby agree that you may have access to confidential information that belongs to third parties during the term of training. You and Techmindz each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If you or Techmindz is allowed to share confidential information with the other party and does so, the party which receives such information covenants to protect such information as contemplated in this section.
7. NON – SOLICITATION & NON-COMPETE
7.1 During the term of engagement and for a period of months following the termination of this engagement, you shall not directly or indirectly solicit, divert or take away, or attempt to divert or to take away, the business or patronage of any of the clients, customers or accounts, or prospective clients, customers or accounts, of Techmindz and further agree not to directly or indirectly recruit, solicit or hire any of our employee(s), or induce or attempt to induce any employee or trainees of Techmindz to terminate his/her employment or traineeship with, or otherwise cease his/her relationship with, Techmindz.
7.2 You further agree that a separate Non-Disclosure cum Confidentiality , Non-compete and Non-solicitation Agreement shall be executed between the Parties which shall form part of this T&C.
8. CODE OF CONDUCT
8.1 You shall act honestly and behave with integrity with colleagues and the entire management team of Techmindz.
8.2 Attendance, weekly test score, and soft-skill score, Feedbacks, Project results must be recorded and reported to the L&D Manager for their proper follow-up.
8.3 You should be punctual on conducting training and must ensure the completion of the course on their respective dates. In case of any absence for unavoidable reasons, you shall inform us well in advance. However, absenteeism or such other interruptions in training attributable to you, if occurs more than three times in a month may be considered as a misconduct.
8.4 We are expecting a top to bottom professionalism from you. You must follow our dress code. All the communication on the office premises must be in English.
8.5 The grievance procedure of trainees must be done through OM. If you have any complaints regarding the trainees, it must be resolved at the management level.
8.6 You are supposed to cooperate with the management.
8.7 You shall treat everyone with respect and courtesy and without harassment and discrimination
8.8 You shall use resources effectively and efficiently
8.9 You shall acknowledge any rules and regulations relevant to the training and follow the instructions, policies and procedures.
8.10 Harassment in any form at the workplace is forbidden. Harassment for any reason including that based upon a person's race, colour, religion, gender, age, or disability or sexual harassment will not be tolerated. Disciplinary action will be taken against violators. Additionally, a Policy for the prevention of sexual harassment has been put in place by Techmindz and you are bound to abide by it.
8.11 You are not permitted to indulge in personal and confidential matters of any trainees, other staff of Techmindz in any manner.
9. INDEPENDENT CONTRACTOR.
Both you and Techmindz shall be independent contractors and in no circumstances you shall be considered as our employee of the Client. The following statements accurately reflect our relationship:
9.1 You shall use your own equipment, tools, and material to do the training, unless provided by Techmindz and subject to clause 4.2.
9.2 The training classes and its timing shall be carried on as per the training plan provided by us. You are not supposed to cancel a training session without any prior information/permission from us. You can substitute with additional sessions with our prior permission.
9.3 You and Techmindz do not have a partnership or employer-employee relationship and hence you shall not be eligible for any benefits including but not limited to group insurance, retirement benefits, retirement plans, vacation days.
9.4 You cannot enter into contracts, make promises, or act on our behalf.
10.1 You shall be liable for and shall indemnify and keep indemnified Techmindz and its directors, agents, employees against any claim, liability, loss, injury or damage arising out of or in connection with the training under this engagement including but not limited to third party claim of Intellectual Property Rights and personal injury (including death) to any person or damage to any property, damage due to loss of reputation and goodwill or any other liability arising out of or in connection with the engagement, except where the liability, claim, loss or injury or damage arises due to an act or omission or negligence of Techmindz or its agents, employees or representatives. The provisions of this clause shall survive the termination of the engagement.
11.1 We may terminate this engagement by providing a notice period of 30 days to you in writing, without assigning any reasons.
11.2 You may terminate this Agreement by providing ----- days’ notice in writing.
11.3 Additionally, notwithstanding any legal remedies and damages available, we are entitled to terminate this engagement immediately and without providing any notice to you a) in the event of the breach of any of the terms and conditions enumerated in this T&C; or b) if you fail to meet the KPIs in Annexure A or quality of training is below the expectations of Techmindz/trainees; or c) in the event of misconduct by you.
11.4 In the event of termination of this engagement for whatever reason, you shall forthwith return all property, documents and other materials connected with training to us and shall not dispose of any item bearing the Intellectual Property Rights without our prior written consent.
11.5 In the event of termination of this engagement, the rights afforded to you as per this T&C thereof shall cease forthwith and further we shall not entertain or become legally obligated to make any payments for the incomplete training.
12.1 Assignment. This T&C applies only to you. You cannot assign your rights or delegate its obligations under this engagement to a third party.
12.2 This T&C represents the parties final and complete understanding of this job and the subject matter discussed in this T&C. This T&C supersedes all other contracts (both written and oral) between the parties.
12.3 Modification, Waiver. We may modify any terms of this T&C at any time. We shall provide prior notice to you. You shall be bound by the changes once you continue to provide your services to us.
13. GOVERNING LAW
13.1 The rights and obligations of the parties under this engagement and T&C, shall be interpreted as per the laws of India and the Parties submit themselves to the exclusive jurisdiction of the courts in Ernakulam, Kerala, India.
1. The trainers are to update their attendance in the tracker everyday.
2. The trainers are to provide weekly assignments or tasks to the candidates.
3. The trainers are to evaluate these assignments and provide a weekly performance report to the Operations Manager (OM).
0. This weekly performance report would be used to identify the best performer every week.
1. This performer will be announced in their corresponding Whatsapp groups with photographs.
4. The OM will be maintaining a report on the students' performances.
5. Trainer to report at least thirty minutes before taking emergency leave. Also, any leaves planned by the trainer to be announced at least two days in advance.
6. The trainers should ensure the duration of online sessions.
7. If there are any changes in the time slot or duration of the sessions, the trainer must notify it to the operations team ASAP.
8. The trainers should ensure a good performance level from the candidates.
9. The trainers should maintain a positive attitude during the sessions and not indulge in the harassment of the candidates either mentally or physically.
10. If the trainer has any batch-related queries or issues, the first-person contact is the intern who will then escalate to the OM.
11. The trainers should provide the domain-based interview questions, and prepare them for the internship.
12. The trainers should be presentable while taking classes as these videos are recorded for quality purposes.
13. Trainers should take sessions with a decent background, and share their working screen always.
14. The Powerpoint Presentation needs to be done under the Techmindz banner and the format will be shared by the operations team.