Additional Terms and Conditions for the INSTRUCTOR
READY TO TEACH?
Effective Date: February 24, 2009.
If you want to offer Courses on the Site, you must read and agree to be bound by
these Additional Terms and Conditions for the Instructor ("Instructor Terms") which
are part of and incorporated into the GlobalScholar Terms and Conditions of Use
("Terms"). These Instructor Terms will apply to any Account that is approved to
be an Instructor on the Site. If you do not accept these Instructor Terms in full,
you are not authorized to teach on the Site and you are not eligible to receive
any money from GlobalScholar for any Course you provide on the Site.
All capitalized terms that are not defined herein shall have the meanings ascribed
to them in the Terms.
Pre-Qualification Process
Before you start sharing your knowledge on the Site, we want to get to know you
a little better. To preserve the quality of the Courses on the Site and to ensure
the safety of all our users, every user who wishes to teach or provide a Course
will be required to go through an application and pre-qualification process, except
for school districts and private educational partners as well as their designated
instructors. These school districts and private educational partners will be subject
to the specific terms set forth in their separate agreements with GlobalScholar.
You must complete the following simple steps before you can begin to teach:
Application. Fill out an
Application Form to provide us with information regarding your background,
education, work experience, certifications and other qualifications with respect
to your planned Courses. For Instructors located in the United States, you will
also be required to provide your social security number and/or taxpayer ID number.
For Instructors who are Canadian citizens, you will be required to provide us with a valid driver’s license number of SIN.
You will authorize us to verify the accuracy of all the information you provide
and to perform background checks using third party sources subject to our Privacy Policy. We reserve the right, at our sole discretion,
to accept or decline your application for any reason. We will endeavor to accept or
decline your application within 3 to 5 business days after completing the GlobalScholar
training session; provided, however, that delays caused by third party sources, such as
security checks, could delay approval.
Becoming an Instructor. If we approve your application after our review,
you will be considered an "Instructor." You will also have the option to create
and manage an educational provider profile on our Site, which will allow you to
have other Instructors teach for you. Likewise, you may decide to teach for other
Instructors on the Site, subject to their approval.
Before you begin teaching, however, you'll take a short training course on the system
and during which GlobalScholar will providing training and information on setting up accounts and creating courses
Courses and Rates. No Course may ever contain any Prohibited
Content. It is up to you to accurately describe your Course(s) for sale.
For service Courses that are priced at an hourly rate, you guarantee that the hourly
rate offered on GlobalScholar is no greater than the lowest publicly available rate
for your services on any other website (including, without limitation, your own
website).
We reserve the right to withdraw our approval of your application and to suspend
or terminate your right to teach on the Site at any time and at our sole discretion.
If applicable law requires us to provide a notice of termination or cancellation,
we may give notice by sending written communication to any address (email or otherwise)
that we have for you in our records. You will be liable for any breaches and/or
obligations incurred before we suspend or terminate your Account.
License Grant
You hereby agree that any user who purchases your Course ("Student") will obtain
and be granted, as a result of such purchase, a worldwide, non-sublicenseable and
non-exclusive right and license to use the Content incorporated in that Course solely
for his or her personal and non-commercial educational purposes. You acknowledge
that all of the Content you submit to the Site (whether as part of your Course or
otherwise) is subject to the representations, warranties, license grants and other
provisions contained in the
Terms. Please read those carefully. You also acknowledge that we may use
your Content and information about your Courses in marketing, advertising and promotion
of our Site in any medium, and you hereby give us permission to use your name as
part of such marketing, advertising or promotion.
Permission to Display Logos
We encourage you to highlight and differentiate your Courses by using your trademark(s),
service mark(s) or brand(s) (altogether, "Logo(s)") on our Site! By submitting,
uploading, or otherwise making your Logo(s) available to our Site, you hereby give
us permission to display your Logo(s) on the Site and to make modifications to the
size and appearance of the Logo(s) as may be reasonably necessary or appropriate
to conform such display with the appearance of the Site and/or the display of the
Logo(s) submitted by other Instructors. You also represent that you own all rights
in your Logo(s) (or that you have acquired all necessary rights in the Logo(s) from
the actual owner) to enable you to give us the permission stated in this paragraph.
You retain ownership of all intellectual property and proprietary rights to any
Logo that you submit or upload to the Site. All use of your Logo(s) by us will be
for the sole purpose of identifying you as the source of your Courses and will inure
to your benefit. Logos may not contain any Prohibited Content. We reserve the right to remove your Logo(s)
from the Site at any time in our sole discretion.
Instructor-Student Communication; Solicitation and Disclosure of Personal Information
All communications between you and your Student(s) must be limited to the subject
of your Course or to advance learning. You acknowledge and agree that you are not
permitted to discuss Reviews with any Student or to make any comments or suggestions
to any Student regarding any future or past Review. Absent a pre-existing relationship
with a Student outside of the Site, you are not allowed to communicate with any
of your Students by any means other than through our Site.
You agree that you are prohibited from soliciting any personally identifiable information
(such as birth date, age, email address, phone number or home address) from any
Student on GlobalScholar and that you are prohibited from disclosing such personally
identifiable information to any third party. You are not allowed to obtain any personal
information from your Student other than their name and state of residence.
Payment Terms for Instructor
Posting of Earned Amounts. The total amount of all payments earned through
your purchased Courses (less any applicable fees and issued store credits or refunds
due to cancellations) will post to your Account three (3) days after you complete
delivery of each purchased Course. Unless otherwise stated, all transactions on
the Site shall be in U.S. Dollars.
Taxes. You are solely responsible for all applicable federal, state, local,
and foreign taxes or charges imposed by any government entity, directly or indirectly,
in connection with your enrollment as an Instructor. If you are a U.S. resident,
GlobalScholar will send you a statement with your earnings at the end of any year
in which your earnings exceed $600.
GlobalScholar Commission. We collect commission fees only when your Course
is purchased and the transaction is not cancelled. To the extent any refunds are
issued under the Terms, our commission fees will be based only on the amount that
is not refunded back to the Student. For each purchase transaction on the Site,
our commission is the greater of either fifty percent (50%) of the total cost of
the Course or $2.00 per purchase transaction.
Your Bank Account; ACH Authorization. If you are an Instructor located in
the United States, you need to provide us with a valid automated clearing house
("ACH")-enabled bank account at a United States-based financial institution. Your
transaction must be payable in U.S. dollars.
When you choose to get your disbursement of funds to your bank account, you are
authorizing us (or an agent acting on our behalf) to initiate one or more ACH credit
entries for the specified payment amount(s) accrued on your GlobalScholar Account
to your bank account, and you authorize the financial institution that holds your
bank account to credit such amounts. To complete your transaction, we (or an agent
acting on our behalf) will create an electronic funds transfer, which will be presented
to your bank or financial institution for payment to your bank account.
- Electronic Signature. By choosing your bank account as your payment method,
you agree that: (a) you have read, understand and agree to these Instructor Terms,
and that this agreement constitutes a "writing signed by you" under any applicable
law or regulation, (b) you consent to the electronic delivery of the disclosures
contained in the Terms and these Instructor Terms, and (c) you authorize GlobalScholar
(or its agent) to make any inquiries we consider necessary to validate any related
dispute, which may include ordering a credit report and performing other credit
checks or verifying the information you provide against third party databases.
- Risk of Reversals. When you receive a payment that is later invalidated for
any reason, you are liable to us for the full amount of the payment plus any fees.
You agree to allow us to recover any amounts due to us by debiting your bank account
and you authorize the financial institution that holds your bank account to debit
such amounts. If there are insufficient funds in your bank account to cover your
liability, you agree to reimburse us through other means as we may request
- Limited Liability. If we fail to credit your bank account in the correct
amount and in accordance with these Instructor Terms, we may be liable for certain
losses directly caused by our failure as the law may impose in such cases. However,
we will not be liable where: (1) your bank account is closed; (2) circumstances
beyond our control (such as flood, fire, power outages, mechanical or system failures)
caused such failure; (3) your financial institution refuses to honor an ACH credit/debit;
(4) your instructions are lost or delayed in transmission to us; (5) a reasonable
security concern, such as unauthorized use, causes us not to honor your instructions;
(6) this payment option has been discontinued or suspended; (7) we advise you that
your request will not be processed; and (8) other exceptions allowed by law. If
our error was unintentional and resulted from a bona fide error, our liability is
limited to actual damages.
- Error Resolution Policy. If you believe that any payment transaction initiated
by us (or our agent) with respect to your bank account is erroneous, or if you need
more information about any such transaction, you should contact us as soon as possible
by e-mail at instructorservices@GlobalScholar.com.
In any event, we must hear from you no later than 90 days after the date the questionable
transaction FIRST appeared on your bank account statement. We will attempt to determine
whether an error occurred within ten (10) business days after we hear from you and
will correct any error promptly. If we need more time, however, we may take up to
forty-five (45) days to investigate your complaint or question. If we decide to
do this, and your inquiry or complaint involves any amounts debited from your bank
account, we may transmit a provisional credit to your bank account for the amount
you think is in error, so that you will have the use of the money during the time
it takes us to complete our investigation. We will tell you the results of our investigation
within three (3) business days after its completion. If we determine that there
was no error, we will send you a written explanation, and we may, and you authorize
us to, debit your bank account for the amount of the provisional credit. You may
ask for copies of the documents used in our investigation.
Disbursement of Funds. You hereby authorize us to initiate a disbursement
of all funds accrued in your GlobalScholar Account on a bi-monthly basis. Each Instructor
will be responsible for disbursing funds to other Instructors who teach a Course
for them.
- For any Instructor located in the United States, the disbursement of funds will
be by fund transfer to your designated bank account. We can post credits to your
bank account from Monday through Friday, excluding federal banking holidays ("Business
Day") when the automated clearinghouses are open for business. Transfers to your
bank account will generally be credited within five (5) Business Days of the date
we initiate the transfer. We will send a receipt to you via e-mail within two (2)
Business Days for each completed transaction.
- For any Instructor located outside the United States (or on occasion, if a bank
account does not accept an electronic credit), the disbursement of funds will be
by paper check mailed to your address provided in our records.
Withholding or Delaying Disbursement of Funds. If we reasonably conclude
based on information available to us that your actions and/or performance in connection
with the Courses may result in a significant number of disputes, refunds or other
claims from users who purchased your Course, we reserve the right to delay initiating
the disbursement of all funds accrued in your GlobalScholar Account for the shorter
of either 30 days following the initial date of suspension or completion of an investigation.
If we believe that you may have violated the Terms (including the Privacy Policy
and these Instructor Terms), we may refuse to disburse the funds accrued in your
Account and/or debit such funds from your Account. We will not be liable to you
if we act in accordance with the provisions of this Section.
GlobalScholar’s Rights Regarding Funds
We may earn interest or other compensation from the balances in our bank accounts
that result from the timing difference between the payment for a purchased Course
and the disbursement of the corresponding funds to you. You are not entitled to
any such interest or other compensation.
We reserve the right to seek reimbursement from you if we, in our sole discretion,
(a) provide a refund to a Student if you cannot promptly deliver the purchased Course,
(b) discover erroneous or duplicate transactions, or (c) receive a chargeback from
the Student’s credit card issuer for the amount of the Student’s purchase from you.
This means that you will be responsible for the amount of the payment (plus the
applicable fees) if you lose a claim or a chargeback, or if there is a reversal
of the payment. You authorize us to obtain such reimbursement by deducting from
future payments owed to you, reversing any credits to your Account, debiting your
bank account, or seeking such reimbursement from you by any other lawful means.
As a security measure, we may, but are not required to, impose transaction limits
on some or all Students and Instructors relating to the value of any transaction
or disbursement, the cumulative value of all transactions or disbursements during
a period of time, or the number of transactions per day or other period of time.
We will impose these limits before any services are rendered. We will not be liable
to you: (i) if we do not proceed with a transaction or disbursement that would exceed
any limit established by us for a security reason, or (ii) if we permit a Student
to withdraw from a transaction because our payment service is unavailable following
the commencement of a transaction.
Customer Complaints; Store Credits and Refunds
Any Student who is dissatisfied with your Course is required to contact you directly
through the Site regarding any issues or complaints. You must resolve any issue
or complaint with the Student. If you receive notification about the issue or complaint
no later than three (3) days after the Course is completed, you may issue store
credits to the Student (in a dollar amount ranging between 0-100% of the price paid
for the Course). The store credits can be used for future purchases on the Site.
If the Student seeks to return an unused portion of the Course before it is completed,
you may offer a refund for the pro-rated cost of the unused portion of the Course,
which will be credited in the original form of payment used by the Student. Our
commission will be based solely on the purchase amount that is not refunded to the
Student. We reserve the right to charge a refund fee per transaction at any time.
We shall have the right, in our sole discretion, (a) to issue store credits, offer
a refund to the original form of payment used, or reverse an entire purchase transaction;
and (b) to designate who shall bear the expenses resulting from any such actions.
Modification or Deletion of Content or Courses
You may choose from time to time to inactivate or modify any Course or delete
Content or educational material that you previously posted or offered on the Site.
Instructor Non-Performance
You are expected to perform in a manner that results in a consistently high level
of Student satisfaction. You are in breach of these Instructor Terms if you (a)
fail to deliver any Course for which payment was accepted; (b) misrepresent a Course
by not meeting the terms and description provided in the listing; (c) post any Prohibited
Content or perform any Prohibited Conduct under the Terms; and (d) fail to take
commercially reasonable efforts to resolve any dispute with a Student.
Code of Conduct for Tutors
We believe in the value of education and the learning process one goes through to
obtain knowledge. As a company, we do not condone plagiarism, copyright infringement
or inappropriate teaching methods and will deactivate the account of anyone knowingly
engagin in such conduct.
In the case of homework help, it is expected that you provide HOW to get to the
answer and not just the answers to questions. Any tutor found in violation will
forfeit any payments for that session/assignment help request and any claim to compensation
owed for the service rendered. We reserve the right to judge the integrity of all
homework help requests and tutoring interactions. If you are found to be in non-compliance
during your tenure on GlobalScholar, your account will be deactivated and you will
no longer be able to offer services on the platform.
Additionally, if at any point you feel the instruction you are providing or the
feedback you are being asked to provide is being used inappropriately by the student,
you should not hesitate to end a session and/or cancel the student's order and notify
us immediately via the feedback form or live chat.
Remedies
If your transactions and activities on the Site create unacceptable levels of Student
dissatisfaction or if you violate the Terms, Privacy Policy or these Instructor
Terms, we reserve the right to take any of the following actions, as may be appropriate
in our sole discretion: (1) cancel your listed Course; (2) limit Account privileges;
(3) suspend or terminate your Account; (4) adjust your payment summary balance and
withhold all payments; and/or (5) contact law enforcement.