INSTRUCTOR TERMS AND CONDITIONS
Any version of these Instructor 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.
1. Key Definitions"Base Price" means the course price set by the Instructor.
"Base Currency" means the currency of the Base Price.
"Base Exchange Rate" means a system-wide rate used by Hoczita for foreign currency conversion and does not include any fee or markup by Hoczita. 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.
"Gross Amount" means the amount actually received by Hoczita 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 Hoczita’s Marketing Programs if You choose to option (as further described below).
"Sale Price" means the actual sale price for the Course. When the Sale Currency is different from the Base Currency, Hoczita 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.
2. AgreementAs an Instructor You are contracting directly with Hoczita. Additionally, although We may utilize other Hoczita subsidiaries to facilitate Your payments, your contract remains between You and Hoczita.
3. Your Relationship with StudentsInstructors 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 Hoczita for any issues arising out of Your use of any Student Related Data.
4. ObligationsAs an Instructor, you represent, warrant, and covenant that:
1. You will visit www.hoczita.com and complete the Instructor enrolment form and if You choose to charge fees for Your Courses, you will also need to agree again to the pricing terms 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 Hoczita, 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 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 libellous 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 Hoczita 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. Your use of the Services is subject to Hoczita’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 Terms, as well as all other of Our terms 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.
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 Hoczita 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.
6. PricingAs an Instructor, you will be responsible for determining the Base Price You charge Students for Your Course(s). You may select any increment by going to the Price Edit screen in your Instructor Account. 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.
As part of Your participation on Hoczita, you give Us permission to share Your Course, and information about You and the Course with Hoczita employees and selected partners, for which You will not receive compensation.
7. PaymentsWe will pay You 80 percent (80%) of the Net Amount received for Your Course less any applicable deductions such as Student refunds (“Standard Revenue Share”). If Hoczita changes the Standard 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 account in good standing and keep Hoczita apprised as to the correct email address associated with your PayPal account. 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.
As an Instructor, you are responsible for determining whether you are eligible to be paid by Hoczita company.
Your monthly revenue will be calculated for all your classes delivered from the first day to the last day of each month. Hoczita will transfer 80% of your monthly revenue to your Paypal account on the 10th of each following month, in US dollars.
Example 1: If your lesson is delivered on the 29th of March, you will receive 80% of this lesson’s revenue on the 10th of April.
Example 2: If your lesson is delivered on the 1st of April, you will receive 80% of this lesson’s revenue on the 10th of May.
Please ensure that you have updated your Paypal account on your profile page.
The cost of all transfer charges will be borne by Hoczita.
9. TaxesYou understand and agree that You are responsible for any taxes on Your income. 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, Hoczita 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. Hoczita may at its Own discretion increase the Sale Price where Hoczita is of the view that VAT may be due and Hoczita will have a liability to account for such. You will indemnify and hold Hoczita 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, 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). Hoczita is unable to provide You with tax advice and You should consult Your own tax advisor.
10. Deletion of Your AccountIf You wish to delete Your Instructor Account, you may do so by following the steps provided in the following Instructor instruction page. 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 support@hoczita and We will make commercially reasonable efforts to respond to Your request within 24 hours.
11. Modifications to These Instructor TermsFrom 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 Hoczita 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 other-wise. 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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