TAGG EDUCATION, LLC. (“Tagg”) Terms of Service
These Terms of Service (the “Agreement”) constitute a legally binding agreement between you and TaggEducation, LLC (“Company” or “Tagg”) governing your use of the Tagg Platform (as defined below), Company’s website (https://www.taggeducation.com or the “Site”) or mobile/desktop applications (the “Apps”). The Tagg platform and related services provided by Company, the Site, and Apps, including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by Company to potential and actual Substitutes and Clients in relation to the services, together are hereinafter collectively referred to as the “Tagg Platform.”
Any personal data you submit to the Tagg Platform or which we collect about you is governed by our Privacy Policy. You acknowledge that by using the Tagg Platform you have reviewed the Privacy Policy.
In order to use the Tagg Platform, you must agree to the terms and conditions that are set forth below. Upon your execution (electronic or otherwise) of this Agreement, you and Tagg shall be bound by the terms and conditions set forth herein.
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND TAGG CAN BE RESOLVED. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION; TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION) AND YOU ACCEPT ALL OF ITS TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE TAGG PLATFORM.
You must be 18 years old and at least the legally required age in the jurisdiction in which you reside, and otherwise capable of entering into binding contracts, in order to use or access the Tagg Platform.
DEFINITIONS
Period of absence: A day, multiple consecutive days, or any portion of a day, in which a regular teacher is absent from working in his or her classroom.
Job: A period of absence made available through the Tagg Platform for fulfillment by a substitute.
Job Rate of Pay: The amount of money, determined by the School, not including any User Fee(s) due to Tagg as provided herein, that a substitute will be paid by the School upon completion of providing substitute teaching services on a given period of absence. This amount will be displayed to the substitute prior to his or her acceptance to provide services on a given period of absence. Any fees due to Tagg from the School will be removed from this amount before it is displayed to the substitutes through the Tagg Platform.
Long Term Substitutes: Individuals hired as employees by the School to provide long term substitute teaching services.
Long Term Substitute Teaching Services: Provision of teaching services for longer than twenty (20) school days in a classroom when the regular teacher is absent.
Platform User(s): School administrators, School teachers, and substitutes who use the Tagg system.
Tagg Platform: Any and all web-based, mobile, or other electronic device enabled technology platform(s) (collectively “platform”) offered currently or in the future by Tagg to facilitate connections between substitutes and the School. The platform allows system users to rate their experiences with one another, providing valuable feedback for more refined decision-making by the other system users. The platform includes integration with Stripe, allowing for automated payment between the School and the substitutes, and collection by Tagg of its service fee and transaction fee. Tagg Platform includes all functions and features as presently available on the platform, or as may be altered, improved, or changed in the future.
Tagg System: The Tagg Platform, strategic recruitment of independent contractor substitutes to use the Tagg Platform to create a large and diverse pool of substitutes, and additional support to ensure proper functionality for the system users.
Stripe: Stripe is a leading online payment processing platform that it is anticipated will facilitate payments from the School to substitutes as an integrated component of the Tagg Platform. Tagg may utilize a different company or method for facilitating the requisite payments, and if so, that company or method will be substituted herein for any references to Stripe.
Substitutes: Contractors who provide substitute teaching services to a School, and who find the jobs on the Tagg Platform. Substitutes are not at any time to be considered as employees of Tagg. While it is anticipated that the Substitutes are to be independent contractors, Tagg makes no representations about the proper classification of the substitutes’ work with the School.
Substitute Teaching Services: Provision of day-to-day, partial day, or other temporary teaching services for twenty (20) days or less in a school classroom when the teacher is absent.
Total Rate of Pay: The total amount of money, determined by the School, that the School will pay upon completion of a job by a substitute through the Tagg Platform. The User Fee(s) due to Tagg will be calculated based on this amount.
User Fee(s): The amount of money charged to the School in exchanging for utilizing the Tagg System. User Fee(s) primarily include a fee for basic service and a fee to process payments.
You acknowledge and agree that Tagg is a technology services provider that provides a platform to connect schools to providers of substitute teaching services. Tagg does not provide Substitute Teaching Services. Tagg is not hiring you to provide Substitute Teaching Services.
In order to use the Tagg Platform, you must agree to the terms and conditions that are set forth below. Upon your execution (electronic or otherwise) of this Agreement, you and Tagg shall be bound by the terms and conditions set forth herein.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY.
1. GENERAL PROVISIONS
1.1 Agreement.
The parties, hereby, agree to abide by all applicable provisions of the Agreement. The parties agree that Tagg will provide the following, in accordance with the terms and conditions of this Agreement:
(a) Tagg will provide access to the Tagg Platform to all of the School’s administrators and teachers to search for, find, and engage substitutes to provide substitute teaching services.
(b) Tagg will put forth diligent effort to recruit qualified substitutes on to the Tagg Platform for use by the School. The School recognizes that other schools will be accessing the same pool of substitutes recruited by Tagg, and that the School will not have exclusive access to any pool of substitutes on the Tagg Platform.
(c) The Tagg Platform will provide the School the ability to set the rate of pay for an upcoming job, subject to the fees described in Section 9.
(d) Tagg will provide a basic training to all substitutes about how to use the Tagg Platform.
(e) Tagg will ensure that any substitutes using the Tagg Platform must first provide to Tagg or the School the appropriate, satisfactory evidence of any legally applicable licensure, fingerprinting, and background checks. Tagg will provide copies of this evidence on behalf of substitutes to the School upon request.
i. Tagg will immediately remove any substitute from the Tagg Platform if it receives any new information regarding the substitute’s background or activities which makes him or her unfit to be a substitute.
(g) As a condition of using the Tagg Platform, Tagg will require agreement by all substitutes to be bound to obey all of the School’s rules, policies, and procedures when working at the School prior to their admission on to the Tagg Platform.
(h) At the School’s request, Tagg will block any substitute from accepting jobs at the School.
The parties agree that the School will do the following:
(a) The School agrees to exclusively use the Tagg Platform for provision of the substitute teaching services needed by the School during the term of this Agreement, subject to the following:
i. If, after good faith efforts to use the Tagg Platform, the School or its agents are unable to secure a substitute using the Tagg Platform within one (1) hour of the commencement of the anticipated period of absence then the School may utilize any alternative means it deems necessary to provide substitute teaching services during that period of absence, except that under no circumstances shall the School utilize and pay for the substitute teaching services of a substitute outside of the Tagg Platform if that substitute uses or ever used the Tagg system, except as provided herein.
ii. The School may engage substitutes who use the Tagg Platform outside of the Tagg Platform only for long-term substitute teaching services. The School may use the Tagg Platform, including its ratings of the substitutes, to inform its decision-making process for hiring a long term substitute, or use the Tagg Platform to to hire long-term substitutes. If the School hires a substitute who uses the Tagg Platform as a long term substitute or a full-time teacher the School agrees to pay a finder’s fee equivalent to 10% of the first 12 months of the teacher salary to be paid to Tagg upon hire. .
(b) The School will be solely responsible for determining the rate of pay for a given period of absence.
(c) While Tagg will provide a platform for the School and the substitute to interact, the School will be ultimately responsible for working with the Substitute on issues like the environment in which the substitutes perform their work, coordinating any details of the work, including, without limitation, the rules, policies, and procedures of the school, and ensuring lesson plans, as needed, are delivered to the substitutes or that the substitutes produce their own lesson plans.
(d) While substitutes are on the School’s property or working with the School’s students it is the responsibility of the School to supervise and monitor the substitute and to intercede and/or provide feedback to Tagg when appropriate to protect the safety of students or the School.
(e) If the School desires any additional requirements than what is provided in this Agreement, including, without limitation, Section 2(d) above, or if the School desires to perform fingerprinting and background checks on its own, it must notify Tagg and work with Tagg to make information and instructions regarding these requirements available to substitutes through the Tagg Platform, so the substitutes are aware of and can complete the School’s requirements.
(f) The School will not solicit or attempt to solicit the services of a substitute who uses the Tagg Platform outside of the Tagg Platform for substitute teaching services, whether the substitute is a current or past user of the Platform, it is the same.
(g) The School will not pay or attempt to pay a substitute who uses the Tagg Platform outside of the Tagg Platform for substitute teaching services, whether the substitute is a current or past user of the Platform, it is the same.
(h) The School will create a district (as needed), school, and teacher or administrator profile for all of its schools, teachers, and administrators participating in and using the Tagg system.
i. The School will provide any special instructions or requirements that substitutes need to be aware of before accepting to be a substitute for a given job at a particular school or for a particular teacher.
(i) The School agrees to provide information about Tagg to the substitute teachers it utilized prior to Tagg to give them an opportunity to join the Tagg Platform as independent contractor substitutes in the Tagg System, and communicate to them that, as such, they will have access to jobs outside of the School with other schools using the Tagg Platform.
(j) The School agrees to allow Tagg the ability to list the School’s name and logos in connection with its use of the Tagg Platform on Tagg’s website, brochures, or other communications and promotional materials.
1.2 Duties.
(a) Each Party is solely responsible for determining the proper employment classification, as it relates to that party, for the substitutes and any work completed by the substitutes.
(b) The School agrees to not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Tagg System, except as expressly permitted in this Agreement.
(c) The School agrees to not decompile, reverse engineer or disassemble the Tagg Platform except as may be permitted by applicable law.
1.3 Relationship.
(a) The Tagg System exists to facilitate engagements and payments between the School and substitutes. Tagg is not a party to any of the agreements, contracts or engagements formed between the School and the substitutes through the Tagg Platform.
(b) Tagg is not a division or any part of the School, nor is the School a member or any part of Tagg. Nothing herein will be construed to create a partnership or joint venture, whatsoever, between the parties. Neither party will make representations that they are an agent or representative of the other party, except as expressly provided for in this Agreement. Neither party will be the agent of the other except to the extent specifically provided for in this Agreement or in a future, written authorization.
(c) The parties agree that the substitutes utilized through the Tagg Platform are independent contractors and are not, under any circumstances, to be considered the employees of Tagg.
(d) At the request of the School, Tagg will require agreement by all substitutes that they recognize they do not qualify for any employment benefits of the School or other employment rights, whatsoever, prior to their ability to accept jobs at the School.
2. STUDENT RECORDS
2.1. Student Records.
(a) Student records are defined for purposes of this Agreement in the same manner as defined under the Family Educational Rights Protection Act of 1974, 20 U.S.C. § 1232(g); 34 CFR Part 99 (“FERPA”).
(b) This Agreement is subject to all of the definitions, requirements, rights, exceptions, and other provisions of FERPA, and both parties will act accordingly.
(c) The School recognizes and agrees that, for purposes of FERPA, Tagg and any substitutes have a legitimate educational interest for the School to disclose a student’s educational record as needed to carry out the substitute teaching services provided under this Agreement. In connection herewith, the School shall define “school officials” and “legitimate educational interest” as permitted by FERPA, broadly enough to permit inclusion of the services contemplated hereunder.
(d) Tagg will require agreement by all substitutes that binds them to protect student confidentiality prior to their admission on to the Tagg Platform.
2.2. Confidentiality.
(a) Confidential information is defined as any material information that is non-public or proprietary, whether written or oral, disclosed through any means of communication or observation by either party to the other party, regardless if the information is obtained incidentally or purposefully.
(b) Each party agrees that its directors, officers, employees or contractors will not disclose any confidential information to unauthorized persons without the written consent of the other party, or except as permitted under applicable law for the sole purpose of carrying out the legitimate provisions of this Agreement.
(c) The parties agree to exercise reasonable care, including instructing employees as needed, to protect confidential information against accidental or unauthorized access, modifications, disclosures, or destruction.
(d) Both parties agree to abide by all applicable federal and state laws, and policies of the School or Tagg regarding confidentiality and privacy.
(e) Both parties agree to not, under any circumstances, share any access codes, passwords, or the like with any unauthorized individuals without the written permission of the other party, and to instruct its directors, officers, employees and students not to do the same.
(f) Tagg will require agreement by all substitutes that binds them to protect the School’s confidential information prior to their admission on to the Tagg Platform.
3. PUBLIC AREAS; ACCEPTABLE USE
3.1. Public Areas
The Tagg Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Tagg Platform, you should not share your personal contact information with other Users.
Without limitation, while using the Tagg Platform, you may not:
(a) Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Tagg staff, or use information learned from the Tagg Platform or during the performance of duties to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other User or Company staff;
(b) Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the Tagg Platform;
(c) Use the Tagg Platform for any unauthorized purpose, including, but not limited to posting or mentioning an act in violation of local, state, national, or international law;
(d) Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Company;
(e) Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer;
(f) Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
(g) Advertise or offer to sell any goods or services for any commercial purpose through the Tagg Platform which are not relevant to the services offered through the Tagg Platform;
(h) Conduct or forward surveys, contests, pyramid schemes, or chain letters;
(i) Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;
(j) Post the same job repeatedly (“Spamming”). Spamming is strictly prohibited;
(k) Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Tagg Platform;
(l) Restrict or inhibit any other User from using and enjoying the Public Areas;
(m) Imply or state that any statements you make are endorsed by Tagg, without the prior written consent of Tagg;
(n) Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Tagg Platform, or the personal information of others, in any manner;
(o) Frame or utilize framing techniques to enclose the Tagg Platform or any portion thereof;
(p) Hack or interfere with the Tagg Platform, its servers or any connected networks;
(q) Adapt, alter, license, sublicense or translate the Tagg Platform for your own personal or commercial use;
(r) Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Tagg and Affiliates;
(s) Upload content to the Tagg Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred, sexual abuse, or physical harm of any kind against any individual or group of individuals;
(t) Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
(u) Use the Tagg Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Tagg Platform as set forth herein;
(v) Use the Tagg Platform to collect usernames and or/email addresses of Users by electronic or other means;
(w) Use the Tagg Platform or the services in violation of this Agreement;
(x) Use the Tagg Platform in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes;
(y) Attempt to circumvent the payments system or service fees in any way including, but not limited to, processing payments outside of the Tagg Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
(z) Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number; or
(aa) Cause any third party to engage in the restricted activities above.
3.2. Submissions.
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Tagg will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
4. TERMINATION AND SUSPENSION
(a) Company may terminate or limit your right to use the Tagg Platform in the event that we are investigating or believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.
(b) If Company terminates or limits your right to use the Tagg Platform pursuant to this Section 4, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If Company terminates or limits your right to use the Tagg Platform as a Client due to a User Breach, you will not be entitled to any refund of unused balance in your account.
(c) Even after your right to use the Tagg Platform is terminated or limited, this Agreement will remain enforceable against you. Company reserves the right to take appropriate legal action.
(d) Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Tagg Platform at its sole discretion. Company is not liable to you for any modification or discontinuance of all or any portion of the Tagg Platform. Company has the right to restrict anyone from completing registration as a User if Company believes such person may threaten the safety and integrity of the Tagg Platform, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.
(e) You may terminate this Agreement at any time by ceasing all use of the Tagg Platform. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
5. ACCOUNT, PASSWORD, SECURITY, AND MOBILE PHONE USE
5.1. Registration.
You must register with Company and create an account to use the Tagg Platform (an “Account”). You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Company for accessing the Tagg Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. If you are accessing and using the Tagg Platform on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein. Company has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to contact Company immediately.
5.2. Mobile Phone Use.
By providing your mobile phone number and using the Tagg Platform, you hereby affirmatively consent to Tagg’s use of your mobile phone number for calls and recurring texts, (including with an autodialer and/or prerecorded voice) in order to (a) perform and improve upon the Tagg Platform, (b) facilitate the carrying out of duties through the Tagg Platform, (c) provide you with information and reminders regarding your registration, orientation, upcoming jobs, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming jobs and/or in follow up to any push notifications delivered through our mobile application. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving texts messages from us by modifying your account settings on the Site or Apps, or by emailing Tagg and specifying you want to opt-out of texts. You may opt-out of receiving calls from us by stating that you no longer wish to receive calls during any call with us, or by emailing Tagg and specifying you want to opt-out of calls.
6. USER GENERATED CONTENT
6.1. User Generated Content.
“User Generated Content” is defined as any information and materials you provide to Company, its corporate partners, or other Users in connection with your registration for and use of the Tagg Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Tagg is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Tagg has no obligation to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Tagg platform at its sole discretion.
You hereby represent and warrant to Company that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not represent you being employed or directly engaged by or affiliated with Tagg or purport you to act as a representative or agent of Tagg; and (i) will not create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
6.2. Reviews.
The Tagg Platform hosts User Generated Content relating to reviews and ratings of specific Users (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Company, has not been verified or approved by Company and each Client should undertake their own research to be satisfied that a specific User is the right person for a job. You agree that Company is not responsible or liable for any Feedback or other User Generated Content. Company encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Company is not obligated to investigate any remarks posted by Users for accuracy or reliability but may do so at its discretion.
6.3. Copyrights.
You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content, in any media now known or not currently known in order to perform and improve upon the Tagg Platform.
Each User who provides to Company any videotape, film, recording, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the Tagg Platform, hereby irrevocably grants to Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:
(a) Exhibit, distribute, display, transmit, and broadcast on any and all media, including, without limitation, the internet, any videotape, film, recording or photograph that such User provides to Company or that Company takes of User, and use, reproduce, modify, or creative derivatives of such User picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”);
(b) Reproduce in all media any recordings of such User’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Tagg Platform;
(c) Use, and permit to be used, such User’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Tagg Platform in any media; and
(d) Use, and permit to be used, such User’s name and identity in connection with the Tagg Platform.
6.4. Waivers.
Each User hereby waives all rights and releases Tagg and Affiliates from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, likeness or voice in connection with the Tagg Platform.
Each User acknowledges that Tagg shall not owe any financial or other remuneration for using the recordings provided hereunder by such User, either for initial or subsequent transmission or playback, and further acknowledges that Tagg is not responsible for any expense or liability incurred as a result of such User’s recordings or participation in any recordings, including any loss of such recording data.
7. LINKS TO THIRD-PARTY WEBSITES
The Tagg Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Company or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Tagg Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Company does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Tagg is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Tagg has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Tagg platform at its sole discretion.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Company is not responsible for any SNS Content.
8. PAYMENTS AND FEES
(a) Seven days (7) after a substitute has provided substitute teaching services in completion of the requirements of a job, the Tagg Platform, utilizing Stripe, will initiate a payment equal to the total rate of pay, based on the sub pay rate set by the School, from the School’s account. A payment will then be made equal to the Job Rate of Pay to the substitute’s account, and a payment will be made to Tagg for any user fees due and owing to Tagg.
a. If a substitute does not show up to provide substitute teaching services for a job he or she has accepted through the Tagg Platform, the School must notify Tagg through the designated functions in the Tagg Platform that the substitute did not provide the substitute teaching services within seven (7) days. Once notified, Tagg will stop payment to the substitute for that job. If a substitute disputes the School’s assertion that they did not provide substitute teaching services on a given period of absence, the School may be asked to provide additional assurances to verify its claim.
(b) The School agrees to pay a fee equal to 25% of the total cost (not including the 1.24% transaction fee described below) for a given job, not to exceed $50, to Tagg for each job that is completed using the Tagg Platform. This fee will be automatically transferred to Tagg by Stripe as part of the process when the School pays a substitute. The rate of pay displayed to substitutes through the Tagg Platform will be the amount determined by the School, which Tagg will use to generate the total cost and calculate the 25% fee.
(c) The School agrees to provide necessary payment information, through Tagg, to Stripe, which is a third party service utilized by the Tagg Platform to facilitate payments between the School and the substitutes and Tagg. The School agrees to maintain a fund balance in its account connected to Stripe that is adequate to cover all payments properly due and owing to the substitutes. The School agrees to pay a fee equal to 1.24% of a given job’s total cost, which includes the rate of pay for the substitute, the 25% Tagg service fee, and the 1.24% transaction fee.
i. The School acknowledges that different terms of use and privacy policies may apply to its use of such third party services and content as provided by Stripe. Tagg does not warrant or endorse such third party services and content and in no event shall Tagg be responsible or liable for any products or services provided by Stripe or any such third party providers.
ii. Stripe is currently able to provide statements, settlement batch summaries (types of payments, total sales and credits for specified time frames), transaction summaries (high level overview of successful and unsuccessful transactions), a decline analysis (tracks payment decline rates and notification if anything is out of the ordinary), and an annual 1099-K to substitutes.
(d) Tagg reserves the right to facilitate the payment process described herein utilizing manual invoicing or a company other than Stripe that provides substantially the same services, in its sole discretion. The School agrees to provide reasonable cooperation in ensuring the payment processing is completed, no matter if Stripe or some other method is utilized.
9. INSURANCE
(a) Tagg agrees to maintain, at all times, the following insurance coverage:
i. General Liability. Commercial general liability insurance with a $1,000,000 combined single limit per occurrence;
ii. Umbrella Liability Insurance. $5,000,000 combined single limit per occurrence.
(b) Tagg will provide the School with certificates of this insurance coverage upon request.
(c) Tagg’s insurance will cover Tagg, and will not cover substitutes hired as contractors through the Tagg Platform.
10. INDEMNIFICATION
(a) To the extent allowed by law, Tagg hereby agrees to indemnify, hold harmless and protect the School from and against any and all liabilities, claims, forfeitures, suits, penalties, punitive, liquidated, or exemplary damages, fines, losses, causes of action, or voluntary settlement payments, of whatever kind and nature, and the cost and expenses incident thereto (including the costs of defense and settlement and reasonable attorney’s fees) (hereinafter collectively referred to as “claims”) which the School may incur, become responsible for, or pay out as a result of claims connected to the acts, services, conduct or omissions of Tagg, its employees or agents, in connection with this Agreement. Substitutes procured through the Tagg Platform are expressly not employees or agents or acting on behalf of Tagg for purposes of this indemnity, or for any other purpose. Nothing herein should be construed to indemnify the School against any claims, whatsoever, with regards to the classification of substitutes’ work, as employee or independent contractor, in relation to the School, as this remains the sole responsibility and liability of the School.
(b) To the extent allowed by law, the School hereby agrees to indemnify, hold harmless and protect the Tagg from and against any and all liabilities, claims, forfeitures, suits, penalties, punitive, liquidated, or exemplary damages, fines, losses, causes of action, or voluntary settlement payments, of whatever kind and nature, and the cost and expenses incident thereto (including the costs of defense and settlement and reasonable attorney’s fees) (hereinafter collectively referred to as “claims”) which Tagg may incur, become responsible for, or pay out as a result of claims connected to the acts, services, conduct or omissions of the School, its employees or agents, in connection with this Agreement.
(c) Substitutes are independent contractors procured through the Tagg Platform and are not, under this Section or any other, to be considered the employees or agents of Tagg.
11. DISCLAIMERS
(a) THE TAGG SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TAGG, THROUGH THE TAGG SYSTEM, OFFERS A TECHNOLOGY PLATFORM AND A METHOD FOR SCHOOLS TO OBTAIN SUBSTITUTE TEACHING SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH SERVICES ITSELF OR ACT IN ANY WAY AS A RETAILER OR PROVIDER OF SUBSTITUTE TEACHING SERVICES OR ANY OTHER EDUCATIONAL SERVICE OR PRODUCT. TAGG DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TAGG MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SUBSTITUTE TEACHING SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE TAGG PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TAGG DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SUBSTITUTES. THE SCHOOL AGREES THAT THE ENTIRE RISK ARISING OUT OF ITS USE OF THE TAGG SYSTEM, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH THE SCHOOL, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
(b) LIMITATION OF LIABILITY.
i. TAGG SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE TAGG SYSTEM, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF TAGG, EVEN IF TAGG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ii. EXCEPT AS OTHERWISE PROVIDED HEREIN, TAGG SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) THE SCHOOL’S USE OF OR RELIANCE ON THE TAGG SYSTEM OR ITS INABILITY TO ACCESS OR USE THE TAGG PLATFORM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN THE SCHOOL AND ANY SUBSTITUTE, EVEN IF TAGG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TAGG SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TAGG’S REASONABLE CONTROL.
iii. THE TAGG PLATFORM MAY BE USED BY THE SCHOOL TO REQUEST AND SCHEDULE SUBSTITUTE TEACHING SERVICES WITH SUBSTITUTES, BUT THE SCHOOL AGREES THAT TAGG HAS NO RESPONSIBILITY OR LIABILITY RELATED TO ANY SUBSTITUTE TEACHING SERVICES PROVIDED TO THE SCHOOL BY SUBSTITUTES OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
iv. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER THE SCHOOL’S RIGHT THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE TAGG PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.