These Instructor Terms & Conditions were last updated January 19, 2018.
As an Instructor you are contracting directly with MEDDIC ACADEMY which is operated by 01consulting a corporation registered in Paris France since 2002, organized under the laws of France and represented globally. (RCS# 439678269 located at 128 rue Houdan, Sceaux, France). Additionally, although we may utilize other affiliated entities to facilitate your payments, your contract remains between You and 01consulting.
You hereby grant MEDDIC ACADEMY 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 Terms of Services.
You hereby agree that We may use or record all or any part of any Courses (including student communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Services. You hereby grant MEDDIC ACADEMY 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.
As an Instructor, You represent, warrant, and covenant that:
1. You will visit http://MEDDIC.ACADEMY , sign in as a user, check your course, the way it shows to students and agree to the pricing and everything else visible online to your students; MEDDIC ACADEMY will declare your user profile as “Instructor” after you sign up;
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 MEDDIC ACADEMY , to reproduce, distribute, publicly perform (including by means of a digital audio or video 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 Terms;
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 MEDDIC ACADEMY 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 Terms;
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. 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;
13. You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
14. You will maintain accurate Account information;
15. You shall respond promptly to Students and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
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 a monthly report including the list of your students and their email address. You understand and agree that You will indemnify MEDDIC ACADEMY for any issues arising out of Your use of any Student Related Data.
As an Instructor, You will be responsible for determining the Base Price You charge Students for Your Course(s). Courses are generally sold either at a fixed price and accessible for a period of ninety (90) days, or as an annual subscription, accessible as long as the student is subscribed, with regular updates.
MEDDIC ACADEMY offers certain programs and coupons that can include discounts. Most coupons are course specific discounts. Your course specific coupons will only be applied with your approval or upon your request. However, some coupons are site-wide, valid for the entire MEDDIC ACADEMY. In that case your courses will be discounted just like any other course on the platform.
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 may be able to increase Your sales by promoting Your Courses by using a coupon code that MEDDIC ACADEMY can create for you upon request.
We will pay You fifty percent (50%) of the Net Amount received (“Instructor’s Revenue Share”) for Your Course less any applicable deductions such as Student refunds or any applicable direct taxes or withholding taxes. If MEDDIC ACADEMY changes the Instructor’s Revenue Share, we will provide you thirty (30) days notice via email or prominent notice on the Services.
So that Company can pay you in a timely manner, you must have a PayPal, a Payoneer or a Transferwise account in good standing and keep MEDDIC ACADEMY apprised as to the correct email address associated with your PayPal or Payoneer account and the correct bank account and routing numbers for Transferwise. Payment will be made within fifteen (15) 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 information necessary for the payment of amounts due.
As an Instructor, you acknowledge and agree that Students may exceptionally receive a refund, if they have a justified request, and solely based on MEDDIC ACADEMY’s judgment and that despite the fact refunds are generally not allowed according to MEDDIC ACADEMY’s Terms of Service. Neither Instructors nor MEDDIC ACADEMY shall receive any payments, fees or commissions for any transactions for which a refund has been granted. In the event that a Student requests a refund for a Course after MEDDIC ACADEMY has sent an Instructor payment for that Course, MEDDIC ACADEMY 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 MEDDIC ACADEMY to Instructor or such payments due to the Instructor are insufficient to cover the amounts refunded to Students.
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, MEDDIC ACADEMY 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. MEDDIC ACADEMY may at its Own discretion increase the Sale Price where MEDDIC ACADEMY is of the view that VAT may be due and MEDDIC ACADEMY will have a liability to account for such. You will indemnify and hold MEDDIC ACADEMY harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon on Your Instructor Revenue or otherwise.
2. All Other Countries
For sales of any Courses or Submitted Content in countries other than the European Union, 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). MEDDIC ACADEMY is unable to provide You with tax advice and You should consult Your own tax advisor.
As the instructor who owns the Intellectual Property rights of your course, you have the right to remove (or ask for removal of) all or any portion of Your Submitted Content from the Services at any time.
MEDDIC ACADEMY reserves the right to remove Courses and Instructors at its sole discretion, with or without cause.
Whether initiated by you or by MEDDIC ACADEMY, removal of Your Submitted Content will terminate the foregoing license and rights thirty (30) days after such removal. Your courses will no longer appear on MEDDIC ACADEMY after thirty (30) days and no new student will be able to enroll. Students who have already enrolled in your courses, however, will continue to have access until the end of their subscriptions.
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other terms and conditions shall remain in full force and effect.
The present agreement is governed by the laws of FRANCE. Failure to enforce strict performance of these Terms shall not be construed as a waiver of any provision or right. MEDDIC ACADEMY may assign its rights and duties under this agreement without notice to any party at any time.
From time to time, We may update these Instructor Terms to clarify our practices or to reflect new or different practices, such as when We add new features, and MEDDIC ACADEMY reserves the right to modify and/or make changes to these Instructor 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 on Our Services. Other modifications will become effective on the day they are posted unless stated otherwise. 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 Terms as changed. The revised Instructor Terms supersedes all previous Instructor Terms.
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