The Stalirov&Co team formalized relations between an American E-learning company and a team in China
About company and product
HiTech Rush is a programming e-learning service provider headquartered in Wilmington, Delaware with an R&D office in Ukraine. The company developed CodeGym, an online Java learning platform. The product is available in 13 languages in desktop and mobile versions, has over 1 million registered users, and the app has received a 4.7 ⭐ rating on Google Play.
Enter the market in China and sign contracts with team members.
🔸Develop contracts with team members, namely mentors, following the requirements of Chinese law.
🔸Draw up NDA, NCA, NSA to protect the company from the disclosure of confidential information, unfair competition, and poaching of students and team members.
🔸Prepare a guide on registering individual entrepreneurs in China and obtaining a business license.
Realization
IT lawyers prescribe the duties of team members under the contract
Mentor undertakes to provide the following services in the field of online learning:
◼advising on informatization issues, participation in the creation of ideas and course programs;
◼conducting courses and learning online;
◼development of video content;
◼compiling homework content to consolidate knowledge and test it;
◼participation in the methodological process and promotion of the course.
The mentor acts as an independent performer and is not subject to HiTech Rush's internal work schedule. The mentor provides services at their own risk and independently organizes their provision, including using their own means and materials. If necessary, HiTech Rush can provide a mentor with access to its networks and cloud storage. Each party to the agreement is personally responsible for the correctness of tax accounting.
We define the status of the mentor as an independent contractor to protect the company against fines from the labor inspection in China
The Stalirov&Co team advises on taxation conditions and registration of mentors in China
We develop a guide for registering an individual entrepreneur and choose the most advantageous taxation system.
We describe the invoicing rules and protect HiTech Rush’s right not to sign an invoice in the event that the product contains errors
Payment for services is made according to the fixed price model. Before the 10th of every month, the parties sign an invoice that accounts for the work completed in the previous month.
The company can refuse the mentor’s services if defects have arisen through the mentor’s fault.
A defect is an error in the results of the provision of services, which negatively and significantly affects the quality and functionality of the product.
We require mentors to follow HiTech Rush's working standards
The mentors guarantee that they will comply with HiTech Rush’s requirements and conditions for sound and video quality, comply with the technical requirements for online video lessons, and also conduct online classes on time.
We determine the moment the mentor transfers the intellectual property objects created during the project to HiTech Rush
All property rights to intellectual property objects from the moment of their creation and in full are transferred to HiTech Rush, which is confirmed by the signing of the invoice.
Mentors grant the company the right to modify, process, adapt, use in parts and otherwise change the created intellectual property objects without prior agreement. Such changes will not be considered a violation of the mentors’ rights to the integrity of intellectual property.
Mentors undertake not to use, publish or disclose confidential information to third parties. Disclosure of confidential information is considered:
◼publication in public sources: cloud storages and websites;
◼oral or written disclosure in correspondence or conversation;
◼providing access to the place of information storage, namely transmission of a password, security keys, cypher, direct link, or QR code.
IT lawyers prohibit team members from disclosing confidential information
We require team members to implement measures for the safe storage of confidential information
The mentor guarantees the safe storage of confidential information and the use of modern anti-virus, anti-spyware software, firewalls and similar protective equipment in every system in which data is stored.
During the term of the contract and 1 year after its termination, mentors undertake not to perform the following actions:
◼Recruit HiTech Rush team members
◼Persuade HiTech Rush’s clients to end their relationship with them
◼Use the reputation of HiTech Rush for purposes other than the purpose of the contract
◼Use work, which has been completed for the company, for personal purposes
◼Create and sell a similar product
IT lawyers ban unfair competition and poaching
We implement online document management
The agreement, all changes, additions and annexes to it, are signed using an electronic digital signature, or by exchanging signed scanned copies, or using special services for exchanging and signing documents, namely the DocuSign service.
