Terms of Service - Swing Education

COVID-19 Policy & Agreement

Because of the exigencies of the COVID-19 pandemic, also known as the coronavirus pandemic, Swing Education has developed additional procedures and terms related to this pandemic, enumerated in this Agreement/Section. Swing Education may change this policy and these terms based on ongoing developments, including applicable laws and government guidance, and will provide each School (“you”) reasonable notice of material changes.

You agree to provide a clean and safe work environment in accordance with all relevant federal, state, and local governments and health agency guidance, including but not limited to the Centers for Disease Control and Prevention (“CDC”), the Worldwide Health Organization (“WHO”), and the relevant Occupational Safety and Health Administration (“OSHA”) to protect the safety and well-being of your students, staff, and of SwingSubs, keeping in mind in particular the COVID-19 pandemic. If, in the sole discretion of Swing Education, your campus(es) is deemed unsafe, you may temporarily be suspended from accessing the Swing Education Platform & Services until it is deemed safe in the sole discretion of Swing Education. Swing Education also reserves the right to limit SwingSub requests (including number and type of requests) made on the Platform & Services to distance learning assignments (e.g., teaching remotely), and to convert already-issued requests to distance learning. Factors which contribute to such limits include, but are not limited to: (1) federal, state, and county public health guidelines; (2) teacher and staff support for in-person instruction, and (3) public COVID-19 metrics such as testing availability, positive cases per capita, test positivity rates and hospital/ICU capacity. This determination is made to prioritize the safety of School staff, students, and families, as well as that of SwingSubs.

You agree to inform Swing Education immediately at www.swingeducation.com/support if there are any confirmed case(s) on your campus(es), and to include in such notification: when you learned of the confirmed case(s), any and all safety measure(s) taken in response to said incident, any and all safety measure(s) you anticipate taking in the future, and any additional information required by applicable law. Swing Education reserves the right to suspend your access to the Platform & Services and/or limit your Requests to remote learning Requests only, should Swing Education, in its sole discretion, deem such safety measures inadequate. Your Platform & Services access and/or in-person Requests, as the case may be, will be reinstated only when such safety measures are deemed adequate.

Swing Education requires SwingSubs to: (i) familiarize themselves with the rules and protocols of each School partner at which they accept an assignment and adhere to those rules and protocols; (ii) to go through a COVID-19 screening the morning of every assignment (a current version of that questionnaire is provided, for your reference, at the end of this Section); and (iii) adhere to all relevant local, state, federal and health agency COVID-19 guidelines, including but not limited to mask-related guidelines and isolation/quarantine and social distancing guidelines, while working with Swing Education. Because each School is up to date on its own COVID-19 policies and protocols, and is in control of the working site and has more immediate contact and control of SwingSubs, particularly during the Fill (service term) of a SwingSub, School shall assist Swing Education in keeping Swing Education and SwingSubs up to date and in compliance with such COVID-19 requirements, including direct communication, as appropriate, with SwingSubs on the first day of and during a Fill. For instance, School can put any requirements, surveys, or other information in the Request Details for each Request posted on the Swing Platform.

Should a SwingSub on an assignment at your campus be sent home because they display symptoms of COVID-19 or test positive for COVID-19, you must notify Swing immediately at www.swingeducation.com/support. Please note that if there is any confirmed case on your campus, it is your responsibility to report this to OSHA and otherwise take any and all steps required by applicable law.

While Swing Education recognizes that backing out of an assignment upon arriving at a School site is a major inconvenience to you, we must give SwingSubs the discretion to do this if they feel unsafe, particularly in the age of COVID-19. You can direct any communication with respect to cancelation or any other issues to our support team at www.swingeducation.com/support.

Acceptance

By clicking the “Accept” or similar action or simply by using the Platform & Services in any manner, you and the entity or organization you represent (collectively, “you,” and “your”) agree that you have read and agree to be bound by and a party to the terms and conditions of this Agreement, to the exclusion of all other terms, except for any written Agreement made between a School and Swing Education, in which case the terms of such Agreement will control. Use of the Platform & Services is expressly conditioned upon your assent to all the Terms. If you do not unconditionally agree to all the Terms, please navigate away from this page and you will have no right to use the Services. You also represent and warrant that you are authorized to bind any entity or organization on whose behalf you are entering into this Agreement.

Changes to Terms

Like Swing Education’s business and its services, our Agreement may evolve and change. Swing Education reserves the right to make changes to the Website Terms at our sole discretion and without notice. When such changes are made, Swing Education will make a new copy of these Website Terms available at the above URL. Swing Education will also update the “Last Updated” date at the top of the Website Terms. We will notify you of any material changes and you shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Platform & Services following such notification constitutes your acceptance of the Website Terms as modified.

Description of Services and Parties

Swing Education’s Platform & Services allow Schools to post requests for SwingSubs (teachers and related professionals) that fill teaching assignments for Schools and others. The Platform & Services enables Schools to view information about SwingSubs and track their requests, and allows SwingSubs to view and accept such requests, for example.

Swing Education also provides Platform & Services for Families to hire SwingSubs (also referred to as “Tutors”) to teach or tutor students in non-school settings, referred to as “Bubbles” or “Learning Pods”.

There are at least four types of Parties that use this Website / Platform & Services, as listed below, and some of these Website Terms are specific to one or more of those Parties. In general, the terms apply to all Parties/users, except for those that explicitly mention a particular type of Party or that by nature cannot apply to all. In the event of any conflict between the terms of a signed agreement between such Parties and Swing Education, the terms of the signed agreement will control.

  1. School Administrators and Schools: School administrators who use the Website to engage in the Platform & Services (for instance, in order to post teaching requests). The general relationship between Swing Education and such School is governed by any such signed agreements. The Website terms herein are meant mainly to address use of the Website and management of related information (for example, an administrator’s Google online account).

  2. Families (specifically, parents and guardians of students taught by Swing Education SwingSubs/Tutors in non-school settings (Bubble or Learning Pods).

  3. SwingSubs, who are teachers and related professionals working to provide teaching and tutoring services for Schools and Families.

Please note any individual under 18 (namely, students) may not have an account with Swing Education. As a family parent or guardian in particular (category 3 above), you must hold the account and manage the student experience as such, and not the student directly. If you are aware of any student or any individual under 18 that has created an account, please contact us at www.swingeducation.com/support immediately so that we may delete such account.

School Cancellation.

Canceling last minute has a big impact on our teachers. Requests that are filled by a SwingSub, and canceled within 24 hours (and not related to performance reasons) will be invoiced based on the Applicable Rate plus the Standard Fee, unless otherwise specified. Other entities and individuals have other cancellation policies which are noted in your agreements.

School Recruitment.

As a school, if you want to hire or contract directly with a SwingSub, you agree to pay Swing a $2,500 finder’s fee to cover costs associated with finding, screening and onboarding the sub, and anticipated loss of revenue, unless otherwise specified. Other entities and individuals have other finder fee arrangements which are noted in your agreements.

License.

The Platform & Services and other assets of Swing Education (collectively, the “Swing Education Properties”) are protected by copyright laws and other laws. Subject to the Terms, Swing Education grants you a limited, revocable, royalty free license to reproduce portions of the Swing Education Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Swing Education in a separate license, your right to use any Swing Education Properties is subject to the Terms.

Modifications.

Swing Education reserves the right to modify or discontinue the Platform & Services with or without notice to you. Swing Education will not be liable to you or any third party should Swing Education exercise our right to modify or discontinue the Platform & Services. If you object to any such changes, your sole recourse will be to discontinue use access to the Platform & Services. Continued access of the Platform & Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Platform & Services as so modified.

Certain Restrictions.

The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially any portion of the Swing Education Properties, including the Website, Platform & Services (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other intellectual property (including images, text, page layout or form) of Swing Education; (c) you shall not use any metatags or other “hidden text” using Swing Education’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Swing Education Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website, Platform & Services (except that Swing Education grants the operators of public search engines revocable permission to use spiders to copy materials from the Platform & Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Swing Education Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Swing Education Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Swing Education Properties. Any future release, update or other addition to Swing Education Properties shall be subject to the Website Terms. Swing Education, its suppliers and service providers reserve all rights not granted in the Website Terms. Any unauthorized use of the Swing Education Properties terminates the licenses granted by Swing Education pursuant to the Website Terms.

User Accounts.

In order to access most aspects of the Swing Education Properties you may be required to become a Registered User. For purposes of the Website Terms, a “Registered User” is a User who has registered an account on the Platform & Services (“Account”).