Instructor Agreement

Instructor Agreement

This Instructor Agreement was last updated on 9th January, 2019.

If you are Instructor, these Instructor Agreement & Conditions (the “Instructor Agreement”) contain the Agreement and conditions of your participation as an Instructor via Nanosoft IT Park’s Services. This is a binding agreement between you and Nanosoft IT Park and is incorporated by reference into Nanosoft IT Park’s Agreement of Use (“Agreement of Use”).

Any version of these Instructor Agreement 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.

  1. Key Definitions

"Base Price" means the course price set by an Instructor within the Price Tier Matrix.

"Base Currency" means the currency of the Base Price.

"Base Exchange Rate" means a system-wide rate used by Nanosoft IT Park for foreign currency conversion and does not include any fee or mark-up by Nanosoft IT Park. The rate is established using one or more third parties and is fixed periodically. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.

"Instructor Revenue" shall mean Net Amount less any refunds paid, as provided in Section 10 of the Agreement of Use.

"Gross Amount" means the amount actually received by Nanosoft IT Park for purchases by Students for Your Course. Please note that for mobile application sales, mobile platforms apply fees, such as Apple’s App Store or Google Play.

"Net Amount" means Gross Amount, less (1) Taxes (pursuant to section 11); (2) for web sales, a three percent (3%) administrative and handling fee, except in the territory of Japan, where the administrative and handling fee shall be four percent (4%); and (3) any amounts paid in connection with Nanosoft IT Park’s Marketing Programs if You choose to opt-in (as further described below).

"Sale Price" means the actual sale price for the Course. When the Sale Currency is different from the Base Currency, Nanosoft IT Park will determine the Sale Price based on the applicable Base Exchange Rate.

"Sale Currency" means the currency of the sale. This is determined by the country of origin of the User purchasing the Course.

All other capitalized Agreement used and not otherwise defined herein shall have the meaning ascribed to them in Nanosoft IT Park’s Agreement of Use.

  1. Agreement

As Instructor, You are contracting directly with Nanosoft IT Park. Additionally, although we may utilize other Nanosoft IT Park subsidiaries to facilitate your payments, your contract remains between you and Nanosoft IT Park.

  1. Your Relationship with Students

Instructors do not have a direct contractual relationship with Students. The only information you will receive about Students is what is provided to you through the Services (“Student Related Data”). You understand and agree that you will indemnify Nanosoft IT Park for any issues arising out of your use of any Student Related Data.

  1. Obligations

As Instructor, You represent, warrant, and covenant that:

  1. You will visit www.nanosoftitpark.com and complete the Instructor enrollment form and if you choose to charge fees for your courses, you will also need to agree again to the pricing Agreement which are presented to you during the paid Course creation process;
  2. You will be responsible for all of Your Submitted Content. You further agree that You own or have the necessary licenses, rights, consents, and permissions, and the authority to authorize Nanosoft IT Park, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of Your Submitted Content on and through the Services in the manner contemplated by these Instructor Agreement;
  3. No Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
  4. You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services you offer on your course and through the Services;
  5. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
  6. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services or to any User;
  7. You will not use the Services for any business other than for providing tutoring, teaching and instructional services to Students;
  8. You will not engage in any activity that will require Nanosoft IT Park to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
  9. You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Company Content and/or the Services or operations thereof, except as permitted in these Instructor Agreement;
  10. You will not frame or embed the Services in a manner to embed a free coupon version of your course or other similar functionality intended to circumvent the Services;
  11. You will not impersonate another person or gain unauthorized access to another person's Account;
  12. Your use of the Services are subject to Nanosoft IT Park's approval, which we may grant or deny in Our sole discretion;
  13. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services;
  14. You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
  15. You will maintain accurate Account information;
  16. You shall respond promptly to Students and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
  17. You are over the age of 18 or, if not, you are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these Instructor agreement, as well as all other of Our Agreement and policies as shall be posted on Our Services from time to time, and will assume responsibility and liability for Your performance and compliance hereunder.
  1. License to Nanosoft IT Park

You hereby grant Nanosoft IT Park a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content through the Services, and sublicense it to Users for these purposes directly or through third parties. For more information on how we may use Submitted Content, please visit Our Privacy Policy. Notwithstanding the foregoing, and subject to the Instructor Agreement, if you are an Instructor, unless specifically stated otherwise, You have the right to remove all or any portion of Your Submitted Content from the Services at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new Users, provided, however, that any rights given to Users prior to that time will continue in accordance with the Agreement granted to such Users.

You hereby agree that we may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Services. You hereby grant Nanosoft IT Park permission to use your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.

  1. Trust & Safety

By agreeing to these Instructor Agreement, You also agree to abide by the Trust & Safety policies. Please check both periodically as there will be minor changes made to the policies and restricted list from time to time. Nanosoft IT Park reserves the right to remove Courses and Instructors at its sole discretion, as described in Our Agreement of Use.

  1. Restricted Persons We Cannot Do Business With

You hereby warrant that you are not a Restricted Person ("Restricted Person"). If You become a Restricted Person during the term of these Instructor Agreement, You shall notify Nanosoft IT Park within twenty-four (24) hours, and Nanosoft IT Park shall have the right to terminate any further obligations to You, effective immediately and with no further liability to You, but without prejudice to Your outstanding obligations to Nanosoft IT Park.

  1. Pricing

As Instructor, you will be responsible for determining the Base Price You charge Students for Your Course(s). You agree to charge only for your own Submitted Content. You may not charge separately for any course add-ons such as downloadable PDFs or other content and services (such as providing a link to a third party service to sell downloadable PDFs). The Company will handle billing and other fee interaction with Students. When the Sale Currency is different than the Base Currency, Nanosoft IT Park will determine the Sale. The Company reserves the right to make changes to the Price at any time.

As part of your participation on Nanosoft IT Park, You give us permission to share Your Course, and information about you and the Course with Nanosoft IT Park employees and selected partners, for which You will not receive compensation.

Nanosoft IT Park offers certain programs that can help you market your Courses (“Marketing Programs”). Marketing Programs may include, but are not limited to, Nanosoft IT Park's Deals Program and Marketing Boost Program. The complete list and Agreement of the currently available Marketing Programs are available under our Pricing and Promotions Policy, which may be updated from time to time. If you choose to participate, the fee you receive from Nanosoft IT Park will be in accordance with the Agreement of the particular Marketing Program that applies to the sale of Your Course. You may opt out of any Marketing Programs at any time, provided however, if you do opt-out of a Marketing Program, your Course will remain subject to any sales, campaigns, or promotions under any Marketing Programs that apply to Your Course that are active at the time you opt-out until the completion of such sales, campaigns, or promotions. In addition, you acknowledge and accept that certain sales, campaigns or promotions may be limited in applicability and not all sales, campaigns, or promotions will apply to Your Course.

You acknowledge that the amounts paid by Students for Courses sold through Marketing Programs are not fixed, and Nanosoft IT Park has the sole discretion to determine those amounts and which Courses to offer as part of such Marketing Programs. Further, Nanosoft IT Park does not guarantee any minimum level of success in connection with the Marketing Programs, and its selection of Courses to include is not an endorsement of those Courses, or of you. If you do not wish to participate in certain Marketing Programs, log into Your Account and opt out of them. You may be able to increase your sales by promoting your Courses by using a coupon code that you have created on Nanosoft IT Park

  1. Payments

If you do not opt into any of Nanosoft IT Park’s optional Marketing Programs, We will pay you fifty percent (50%) of the Net Amount received for Your Course less any applicable deductions such as Student refunds (“Standard Revenue Share”). If Nanosoft IT Park changes the Standard Revenue Share, we will provide you thirty (30) days notice via email or prominent notice on the Services.

Therefore, that Company can pay you in a timely manner. Payment will be made within forty-five (45) days of the end of the month in which the fee for a Course was received. You are responsible for providing Company with all identifying and tax information necessary for the payment of amounts due.

  1. Refunds

As Instructor, you acknowledge and agree that Students have the right to receive a refund, as set forth in section 10 of Nanosoft IT Park’s Agreement of Use. Neither Instructors nor Nanosoft IT Park shall receive any payments, fees or commissions for any transactions for which a refund has been granted pursuant to section 10 thereof. In the event that a Student requests a refund for a Course after Nanosoft IT Park has sent an Instructor payment for that Course, Nanosoft IT Park reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to that Instructor, or (2) require that Instructor to refund any amounts refunded to Students for Instructor's Course to the extent no additional payments are due from Nanosoft IT Park to Instructor or such payments due to the Instructor are insufficient to cover the amounts refunded to Students.

  1. Taxes

You understand and agree that you are responsible for any taxes on your income. We reserve the right to withhold payment if we do not receive proper tax documentation. With regard to sales tax on the sale of Your Courses, the following applies:

  1. European Union

In the event that the sale or delivery of a Course or any Submitted Content to any Student in the European Union is subject to any value added tax ("VAT"), under applicable law, Nanosoft IT Park will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Students in the European Union. Nanosoft IT Park may at its own discretion increase the Sale Price where Nanosoft IT Park is of the view that VAT may be due and Nanosoft IT Park will have a liability to account for such. You will indemnify and hold Nanosoft IT Park harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest there on your Instructor Revenue or otherwise.

  1. All Other Countries

For sales of any Courses or Submitted Content in countries other than the European Union, South Korea and Japan, You are responsible for following the requirements of the appropriate taxing authority related to sales tax on Your Courses (which may be different to the tax authority in your own location). Nanosoft IT Park is unable to provide you with tax advice and you should consult your own tax advisor.

  1. Deletion of Your Account

If you wish to delete your Instructor Account, we will use commercially reasonable efforts make any remaining scheduled payments due and owing to you prior to deleting your Account. You hereby understand and agree that if Student(s) have previously enrolled to Your Course(s), after Your Account has been deleted Your name and such Course(s) will remain accessible to those such Students who enrolled to Your Course(s). Should You require any assistance or encounter any difficulty in deleting Your Instructor Account You may also contact Us via email at contact@nanosoftitpark.com.

  1. Modifications to These Instructor Agreement

From time to time, we may update these Instructor Agreement to clarify our practices or to reflect new or different practices, such as when we add new features, and Nanosoft IT Park reserves the right to modify and/or make changes to these Instructor Agreement 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. If you continue to use the Services, after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Instructor Agreement as changed. The revised Instructor Agreement supersedes all previous Instructor Agreement.

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