Instructor Terms

Effective date: June 16, 2021

When you sign up to become an instructor on the e-Skulahan, you agree to abide by these Instructor Terms ("Terms"). These Terms cover details about the aspects of the e-Skulahan relevant to instructors and are incorporated by reference into our Terms & Condition Agreement, the general terms that govern your use of our Services. Any capitalized terms that aren't defined in these Terms are defined as specified in the Terms and Condition Agreement.

As an instructor, you are contracting directly with Yanto International Digital Marketing Services. (an incorporated company in the Philippines), regardless of whether another e-Skulahan subsidiary facilitates payments to you.

1. Instructor Obligations

As an instructor, you are responsible for all content that you post, including lectures, quizzes, practice tests, assignments, resources, answers, course landing page content, labs, assessments, and announcements ("Submitted Content").

You represent and warrant that:
• you will provide and maintain accurate account information;
• you own or have the necessary licenses, rights, consents, permissions, and authority to authorize e-Skulahan to use your Submitted Content as specified in these Terms and the Terms and Condition Agreement;
• your Submitted Content will not infringe or misappropriate any third party's intellectual property rights;
• you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
• you will ensure a quality of service that corresponds with the standards of your industry and instruction services in general.

You warrant that you will not:
• post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
• post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
• use the Services for business other than providing tutoring, teaching, and instructional services to students;
• engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
• frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
• impersonate another person or gain unauthorized access to another person's account;
• impersonate another person or gain unauthorized access to another person's account;
• abuse e-Skulahan resources, including support services.

2. License to e-Skulahan

You grant e-Skulahan the rights detailed in the Terms and Condition Agreement to offer, market, and otherwise exploit your Submitted Content. This includes the right to add captions or otherwise modify Submitted Content to ensure accessibility. You also authorize e-Skulahan to sublicense these rights to your Submitted Content to third parties, including to students directly and through third parties such as resellers, distributors, affiliate sites, deal sites, and paid advertising on third-party platforms.

Unless otherwise agreed (including within our Promotions Policy), you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, e-Skulahan's right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content's removal. However, (1) rights given to students before the Submitted Content's removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) e-Skulahan's right to use such Submitted Content for marketing purposes shall survive termination.

We may record and use all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant e-Skulahan permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or e-Skulahan's content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

3. Trust & Safety

3.1 Trust & Safety Policies
You agree to abide by e-Skulahan's Trust & Safety policies, Restricted Topics policy, and other content quality standards or policies prescribed by e-Skulahan from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to e-Skulahan's approval, which we may grant or deny at our sole discretion.

We reserve the right to remove content, suspend payouts, and/or ban instructors for any reason at any time, without prior notice, including in cases where:

• an instructor or content does not comply with our policies or legal terms (including the Terms and Condition Agreement);
• content falls below our quality standards or has a negative impact on the student experience;
• an instructor engages in behavior that might reflect unfavorably on e-Skulahan or bring e-Skulahan into public disrepute, contempt, scandal, or ridicule;
• an instructor engages the services of a marketer or other business partner who violates e-Skulahan's policies;
• an instructor uses the Services in a way that constitutes unfair competition, such as promotion of their off-site business in a way that violates e-Skulahan's policies; or
• as determined by e-Skulahan in its sole discretion.

3.2 Co-Instructors and Teaching Assistants
The e-Skulahan allows you to add other users as co-instructors or teaching assistants for Submitted Content that you manage. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your e-Skulahan account and Submitted Content. Violations of e-Skulahan's terms and policies by your co-instructor or teaching assistant may also impact your e-Skulahan account and Submitted Content. e-Skulahan is not able to advise on any questions or mediate any disputes between you and such users. 

3.3 Relationship to Other Users
Instructors don't have a direct contractual relationship with students, so the only information you'll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the e-Skulahan, and that you won't solicit additional personal data or store students' personal data outside the e-Skulagan. You agree to indemnify e-Skulahan against any claims arising from your use of students' personal data.

3.4 Anti-Piracy Efforts
We partner with anti-piracy vendors to help protect your content from unauthorized use. To enable this protection, you can go to your video file storage and set your files as protected files. You grant e-Skulahan and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.

You agree that e-Skulahan and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to support@eskulahan.com with the subject line: "Revoke Anti-Piracy Protection Rights" from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.

4. Pricing

4.1 Price Setting
When creating Submitted Content available for purchase on e-Skulahan, you will be prompted to select a base price ("Base Price") for your Submitted Content from a list of available price tiers. Alternatively, you may choose to offer your Submitted Content for free.

When a student purchases using a foreign currency, we will convert the relevant Base Price or Promotional Program price into the student's applicable currency using a system-wide foreign currency conversion rate set by e-Skulahan and fixed periodically into a table of corresponding price tiers by currency ("Price Tier Matrix").

You give us permission to share your Submitted Content for free with our employees, with selected partners, and in cases where we need to restore access to accounts who have previously purchased your Submitted Content. You understand that you will not receive compensation in these cases.

5. Payments

5.1 Revenue Share
When a student purchases your Submitted Content, we calculate the gross amount of the sale as the amount actually received by e-Skulahan from the student ("Gross Amount"). From this, we subtract any Transaction Taxes, any mobile platform fees applied to mobile provider checkout sales, a 20% service and processing fee for any non-mobile provider checkout sales, and any amounts paid to third parties in connection with the Promotional Programs to calculate the net amount of the sale ("Net Amount").

e-Skulahan makes all instructor payments in Philippine peso (PHP) regardless of the currency with which the sale was made. e-Skulahan is not responsible for your foreign currency conversion fees, wiring fees, or any other processing fees that you may incur. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in PHP).

5.2 Instructor Coupons and Course Referral Links
The e-Skulahan allows you to generate coupon codes and referral links to offer certain items of your Submitted Content to students at a discount, at e-Skulahan's current price, or for free, as permitted within the Services. These coupon codes and referral links are subject to limits, and you may not sell them on third-party websites or otherwise offer them in exchange for compensation. Additional information and restrictions on these coupon codes and referral links are outlined in our Trust & Safety policies.

5.3 Receiving Payments
For us to pay you in a timely manner, you must own a PayPal or Philippine bank account (for PH. residents only) in good standing and must keep us informed of the correct email associated with your account. You must also provide any identifying information or tax documentation (such as a W-9 or W-8) necessary for payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.

Depending on the applicable revenue share model, payment will be made within 30 days of the end of the month in which (a) we receive the fee for a course or (b) the relevant course consumption occurred.

As an instructor, you are responsible for determining whether you are eligible to be paid by a PH company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.

If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.

5.4 Refunds
You acknowledge and agree that students have the right to receive a refund, as detailed in the Terms and Condition Agreement. Instructors will not receive any revenue from transactions for which a refund has been granted under the Terms and Condition Agreement.

If a student asks for a refund after we have paid the relevant instructor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the instructor's Submitted Content.

6. Trademarks

While you are a published instructor and subject to the requirements below, you may use our trademarks where we authorize you to do so.

You must:

• only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;
• only use our trademarks in connection with the promotion and sale of your Submitted Content available on e-Skulahan or your participation on e-Skulahan; and
• immediately comply if we request that you discontinue use.

You must not:

• use our trademarks in a misleading or disparaging way;
• use our trademarks in a way that implies that we endorse, sponsor, or approve of your Submitted Content or services; or
• use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.

7. Deleting Your Account

Instructions on how to delete your instructor account are available here. We'll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if students have previously enrolled in your Submitted Content, your name and that Submitted Content may remain accessible to those students after your account is deleted. If you need help or encounter difficulty deleting your account, you can contact us via our Support Hub.

8. Miscellaneous Legal Terms

8.1 Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and e-Skulahan reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

8.2 Translations
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

8.3 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

8.4 Survival
The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to e-Skulahan), 3.3 (Relationship to Other Users), 5.3 (Receiving Payments), 5.4 (Refunds), 7 (Deleting Your Account), and 8 (Miscellaneous Legal Terms).

9. How to Contact Us

The best way to get in touch with us is to contact our Support Team. We'd love to hear your questions, concerns, and feedback about our Services.
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Neil Yanto e-Learning
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Email: info@eskulahan.com
Number: +63-968-703-8866
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