Instructor Terms
These Instructor Terms were last updated 28th October 2020.
When you sign up to become an instructor/contributor on ExamResources.com, you agree to abide by these Instructor Terms (“Terms“). These Terms cover details about the aspects of ExamResources.com relevant to instructors and are incorporated by reference into our Terms and conditions, the general terms that govern your use of our Services. Any capitalized terms that aren’t defined in these Terms are defined as specified in the Terms and Conditions.
As an instructor, you are contracting directly with EPL-UK Ltd, regardless of whether another EPL-UK Ltd subsidiary facilitates payments to you.
1. Instructor Obligations
As an instructor, you are responsible for all content that you provide, including lectures, videos, quizzes, coding exercises, practice tests, assignments, resources, answers, course descriptions, and announcements (“Submitted Content“).
You represent and warrant that:
· you will provide and maintain accurate account information;
· you own or have the necessary licenses, rights, consents, permissions,
and authority to authorize ExamResources.com to use your Submitted Content as
specified in these Terms and the Terms and Conditions;
· your Submitted Content will not infringe or misappropriate any third
party’s intellectual property rights;
· you have the required qualifications, credentials, and expertise
(including education, training, knowledge, and skill sets) to teach and offer
the services and resources that you offer through your Submitted Content and
use of the Services; and
· you will respond promptly to students and ensure a quality of service
that corresponds with the standards of your industry and instruction services
in general.
You warrant that
you will not:
· post or provide any inappropriate, offensive, racist, hateful, sexist,
pornographic, false, misleading, incorrect, infringing, defamatory or libelous
content or information;
· post or transmit any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, or any other form of solicitation
(commercial or otherwise) through the Services or to any user;
· use the Services for business other than providing tutoring, teaching,
and instructional services to students;
· engage in any activity that would require us to obtain licenses from or
pay royalties to any third party, including the need to pay royalties for the
public performance of a musical work or sound recording;
· frame or embed the Services (such as to embed a free version of a
course) or otherwise circumvent the Services;
· impersonate another person or gain unauthorized access to another
person’s account;
· interfere with or otherwise prevent other instructors from providing
their services or courses; or
· abuse ExamResources.com resources, including support services.
2. License to ExamResources.com
You grant ExamResources.com the rights detailed in the Terms and Conditions to offer, market, and otherwise exploit your Submitted Content, and to sublicense it to students for these purposes directly or through third parties. This includes the right to add captions or otherwise modify content to ensure accessibility.
Unless otherwise agreed, you have the right to request the removal of any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, ExamResources.com’s right to sublicense the rights in this section will terminate with respect to
new users 60 days after the Submitted Content’s removal. However, (1) rights given to students before the Submitted Content’s removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) ExamResources.com’s right to use such Submitted Content for marketing purposes shall survive termination.
We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant ExamResources.com permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or ExamResources.com’s content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
3. Trust & Safety
3.1 Trust & Safety Policies
We reserve the right to remove courses, suspend payouts, and/or ban instructors for any reason
at any time, without prior notice, including in cases where:
· an instructor or course does not comply with our policies or legal terms
· a course falls below our quality standards or has a negative impact on
the student experience;
· an instructor engages in behaviour that might reflect unfavourably on ExamResources.com
or bring ExamResources.com into public disrepute, contempt, scandal, or
ridicule;
· an instructor engages the services of a marketer or other business
partner who violates ExamResources.com’s policies; or
· as determined by ExamResources.com in its sole discretion.
3.2 Relationship to Other Users
Instructors don’t have a direct contractual relationship with students, so the only information you’ll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the ExamResources.com platform, and that you won’t solicit additional personal data or store students’ personal data outside the ExamResources.com platform. You will indemnify ExamResources.com against any claims arising from your use of students’ personal data.
3.3 Anti-Piracy Efforts
We may partner with anti-piracy vendors to help protect your courses from unauthorized use. To enable this protection, you hereby appoint ExamResources.com and any anti-piracy vendors used by ExamResources.com as your agents for the purpose of enforcing copyrights for each of your courses, through notice and takedown processes (under applicable copyright) and for other efforts to enforce those rights. You grant ExamResources.com and any anti-piracy vendors used by ExamResources.com primary authority to file notices on your behalf to enforce your copyright interests.
You agree ExamResources.com and any anti-piracy vendors used by ExamResources.com will retain the above rights unless you revoke them by sending an email to support@examresources.com with the subject line: “Revoke Anti-Piracy Protection Rights” from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.
4. Pricing
4.1 Price Setting
When Providing your course, we will have agreed a base price (“Base Price“) for each course (included within your “Contributor agreement”). We will list your course for the Base Price or the closest local equivalent.
When a student purchases using a foreign currency, we will convert the relevant Base Price based on out payment gateways exchange rate (e.g. the amount in GBP or US Dollars that we receive for the purchase)
You give us permission to share your courses for free with our employees, with selected partners, and in cases where we need to restore access accounts who have previously purchased your courses. You understand that you will not receive compensation in these cases.
4.2 Transaction Taxes
If a student purchases a product or service in a country that requires ExamResources.com to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes (“Transaction Taxes“), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due.
5. Payments
5.1 Revenue Share
When a student purchases your course, we calculate the gross amount of the sale as the amount actually received by ExamResources.com from the student (“Gross Amount“). From this, we subtract any Transaction Taxes to calculate the net amount of the sale (“Net Amount“).
Your revenue share will be 70% of the Net Amount less any applicable deductions, such as student refunds. If we change this payment rate, we will provide you 30 days notice using prominent means, such as via email or by posting a notice through our Services.
ExamResources.com makes all instructor payments in Sterling (GBP) regardless of the currency with which the sale was made. We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees. Your revenue report will the total sales in that billing period, along with the commission that is due to you (in GBP).
5.2 Receiving Payments
For us to pay you in a timely manner, you must provide us with an invoice for the commission amount due, the invoice must include correct bank details to enable a bank transfer.
We reserve the right to withhold payments or impose other penalties if this information is incorrect or not provided to us. You understand and agree that you are ultimately responsible for any taxes on your income.
Payment will be made within 30 days of the end of the month in which we receive the correct
invoice from you.
As an instructor, you are responsible for determining whether you are eligible to be paid by a UK company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
5.3 Refunds
You acknowledge and agree that students have the right to receive a refund, as detailed in the Terms and Conditions. Instructors will not receive any revenue from transactions for which a refund has been granted under the Terms and Conditions.
If a student is entitled to a refund after we have paid the relevant instructor payment, we reserve the right to either (1) deduct the
amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the instructor’s courses.
8. Removing Your Resources
If you wish to have your resources removed from the ExamResources.com website, you can request this in writing by e-mailing us at: support@examresources.com
In this event, we will remove the availability of students being able to purchase your resources within 60 days of receiving your request. You understand that if students have previously purchased your resources, that Submitted Content will remain accessible to those students on the ExamResources.com platform
9. Miscellaneous Legal Terms
9.1 Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and ExamResources.com reserves the right in its sole discretion to modify and/or make changes to these 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 you provided to us when registering.
If you do not contact us within 30 days of being notified of these changes, this shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
9.2 Translations
Any version of these 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.
9.3 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
9.4 Survival
The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to ExamResources.com), 3.2 (Relationship to Other Users), 5.2 (Receiving Payments), 5.3 (Refunds), 8 (Removing your resources), and 9 (Miscellaneous Legal Terms).
10. How to Contact Us
The best way to get in touch with us is to contact our Support Team at: support@examresources.com. We’d love to hear your questions, concerns, and feedback about our Services.