These Instructor Terms & Conditions were last updated on August 30, 2017.
Table of Contents
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 within the Pricing Table.
"Base Currency" means the currency of the Base Price.
"Base Exchange Rate" means a system-wide rate used by Tufuzu for foreign currency conversion and does not include any fee or mark-up by Tufuzu. 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 Tufuzu for purchases by Students for Your Course. Please note that our main payment gateways (PayPal and Stripe) apply processing fees which can be viewed on their respective websites.
"Net Amount" means Gross Amount, less (1) Taxes (pursuant to section 11); (2) A Forty (40%) website commission (for administrative and handling purposes); Paypal Fees per transaction (3.4%), and (3) any amounts paid in connection with Tufuzu’s Marketing Programs if You choose to opt-in (as further described below).
"Price Table" means the table available in the Pricing and Promotions Policy. which will provide the matrix of Base Prices available from which You can select the Base Price for Your Courses.
"Pricing and Promotions Policy" means the policy available here: https://www.tufuzu.com/pricing-and-promotions-policy setting forth Tufuzu’s pricing and promotional policy and terms.
"Sale Price" means the actual sale price for the Course. When the Sale Currency is different from the Base Currency, Tufuzu 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.
As an Instructor You are contracting directly with Tufuzu International Limited. Additionally, although We may utilize other Tufuzu subsidiaries to facilitate Your payments, Your contract remains between You and Tufuzu International Limited
3. 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 Tufuzu for any issues arising out of Your use of any Student Related Data.
As an Instructor, You represent, warrant, and covenant that:
1. You will visit www.tufuzu.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 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 Tufuzu, 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 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 Tufuzu 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 are subject to Tufuzu'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.
5. License to Tufuzu
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 Tufuzu 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. Trust & Safety
7. Restricted Persons We Cannot Do Business With
You hereby warrant that You are not a Restricted Person ("Restricted Person"). For purposes of the Instructor Terms, You are a Restricted Person if You or any officer, director, or controlling shareholder of the entity on behalf of which You are using the Services is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical, or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If You become a Restricted Person during the term of these Instructor Terms, You shall notify Tufuzu within twenty-four (24) hours, and Tufuzu 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 Tufuzu.
You agree that You shall not utilize the Services to conduct or facilitate any transaction with any Restricted Person.
As an Instructor, You will be responsible for determining the Base Price You charge Students for Your Course(s) from the Pricing table. 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. The current default currency is US dollar. When the Sale Currency is different than the Base Currency, Tufuzu will determine the Sale Price using the most recently published Pricing table. The Company reserves the right to make changes to the Pricing table at any time.
As part of Your participation on Tufuzu, You give Us permission to share Your Course, and information about You and the Course with Tufuzu employees and selected partners, for which You will not receive compensation.
Tufuzu may offer certain programs that can help you market your Courses (“Marketing Programs”). If You choose to participate, the fee You receive from Tufuzu will be in accordance with the terms 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 Tufuzu 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 Tufuzu. For additional information on Instructor created coupons please see Our Pricing and Promotions Policy.
We will pay You Sixty percent (60%) of the Net Amount received for Your Course less any applicable deductions such as Student refunds (“Standard Revenue Share”). If Tufuzu 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 or a Stripe Account (for US Instructors) in good standing and keep Tufuzu apprised as to the correct email address associated with your PayPal or Stripe account. Payment for all video courses and live(on-going) courses will be made immediately the student pays for the course (enrolls to the paid course). Since we use split payment system (PayPal Adaptive payment and Stripe Connect (for US instructors)), you will immediately receive your share of the net payment (based on the Standard Revenue Share). You are responsible for providing Company with all identifying and tax information necessary for the payment of amounts due.
For video courses and live courses, we use a split payment system (PayPal Adaptive payment and Stripe Connect (for US instructors)). The Net Payment from the student is indirectly split between Tufuzu (the primary receiver) and the Instructor (secondary receiver). However, payment for earnings from other services (live tutoring, Expert Q&A and custom course requests) will be made within fifteen (15) days of the end of the month in which the fee for the live tutoring or custom course request was received. This is necessary for payment processing convenience and refund processing.
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, Tufuzu 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. Tufuzu may at its Own discretion increase the Sale Price where Tufuzu is of the view that VAT may be due and Tufuzu will have a liability to account for such. You will indemnify and hold Tufuzu 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). Tufuzu is unable to provide You with tax advice and You should consult Your own tax advisor.
12. Deletion of Your Account
If You wish to delete Your Instructor Account, You may do so by following the link provided in your account profile. We will use commercially reasonable efforts to 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 firstname.lastname@example.org, and We will make commercially reasonable efforts to respond to Your request within 24 hours.
13. Modifications to These Instructor Terms
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 Tufuzu 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.