Instructor Terms and Conditions
These Instructor Terms and Conditions were last updated September 06, 2017.
If you are an Instructor, these Instructor Terms and Conditions (the “Instructor Terms”) contain the terms and conditions of Your participation as an Instructor via SkillsMedTech. This is a binding agreement between you and SkillsMedTech and is incorporated by reference into SkillsMedTech’s Terms of Use (“Terms of Use”).
1. Key Definitions
“Exchange Rate” means a system-wide rate used by SkillsMedTech for foreign currency conversion and does not include any fee or mark-up by SkillsMedTech. The rate is established using one or more third parties and is fixed periodically. Accordingly, the Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
“Instructor Revenue” shall mean Net Amount less any refunds paid, as provided in Section 27 of the Terms of Use.
“Gross Amount” means the amount actually received by SkillsMedTech 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; (2) for web sales, a five percent (5%) administrative and handling fee; and (3) any amounts paid in connection with SkillsMedTech’s Marketing Programs.
“Selling Price” means the actual price of the Course published on skillsmedtech.com.
“Selling Currency” means the currency of the sale, which is in United States dollars as determined by SkillsMedTech.
“Sale Price” means the discounted price of the Course sold through certain Marketing Programs and published on skillsmedtech.com.
All other capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in SkillsMedTech’s Terms of Use.
2. Agreement
As an Instructor You are contracting directly with SkillsMedTech, a registered business in the Republic of Singapore. Additionally, although We may utilize other SkillsMedTech subsidiaries to facilitate Your payments, Your contract remains between You and SkillsMedTech.
3. Your Relationship with Learners
Instructors do not have a direct contractual relationship with Learners. The only information You will receive about Learners is what is provided to You through the Online Learning Services (“Student Related Data”). You understand and agree that You will indemnify SkillsMedTech for any issues arising out of Your use of any Student Related Data.
4. Obligations
As an Instructor, You represent, warrant, and covenant that:
You will visit skillsmedtech.com and complete the Instructor enrollment form. 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;
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 SkillsMedTech, 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 Online Learning Services in the manner contemplated by these Instructor Terms;
No Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
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 Online Learning Services;
You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
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 Online Learning Services or to any User;
You will not use the Online Learning Services for any business other than for providing tutoring, teaching and instructional services to Learners;
You will not engage in any activity that will require SkillsMedTech 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;
You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Company Content and/or the Online Learning Services or operations thereof, except as permitted in these Instructor Terms;
You will not frame or embed the Online Learning Services in a manner to embed a free coupon version of your course or other similar functionality intended to circumvent the Online Learning Services;
You will not impersonate another person or gain unauthorized access to another person’s Account;
Your use of the Online Learning Services are subject to SkillsMedTech’s approval, which We may grant or deny in Our sole discretion;
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 Online Learning Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Online Learning Services;
You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
You will maintain accurate Account information;
You will meet the Course content requirements set by SkillsMedTech. We reserve the right to review and approve Submitted Content before they are published on skillsmedtech.com. SkillsMedTech has the sole discretion to reject and/or remove courses that do not meet Our requirements.
You shall respond promptly to Learners and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
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 Online Learning Services from time to time, and will assume responsibility and liability for Your performance and compliance hereunder.
5. License to SkillsMedTech
You hereby grant SkillsMedTech a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content through the Online Learning 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 Privacy Policy. Notwithstanding the foregoing, and subject to the Instructor Terms, if you are an Instructor, unless specifically stated otherwise, You have the right to remove all or any portion of Your Submitted Content from the Online Learning Services at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new Users, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.
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 Online Learning Services. You hereby grant SkillMedTech permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Online Learning 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
By agreeing to these Instructor Terms, You also agree to abide by the Trust & Safety policies found here and more specifically, the list of restricted topics found here. Please check both periodically as there will be minor changes made to the policies and restricted list from time to time. SkillsMedTech reserves the right to remove Courses and Instructors at its sole discretion, as described in Our Terms of Use.
8. Pricing
SkillsMedTech will determine the Selling Price and Sale Price of all courses we charge to Learners. SkillsMedTech will handle billing and other fee interaction with Students. SkillsMedTech reserves the right to make changes to the course Selling Price at any time.
As part of Your participation on SkillsMedTech, You give Us permission to share Your Course, and information about You and the Course with SkillsMedTech employees and selected partners, for which You will not receive compensation.
SkillsMedTech has the sole discretion to offer and determine certain programs that can help you market your Courses (“Marketing Programs”). 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 the amounts paid by Learners for Courses sold through Marketing Programs are not fixed, and SkillsMedTech has the sole discretion to determine those amounts and which Courses to offer as part of such Marketing Programs. Further, SkillsMedTech 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.
SkillsMedTech may promote Your Courses by using a coupon code that we have created.
9. Payments
We will pay You a percentage of the Net Amount received for Your Course, based on the Selling Price or Sale Price, less any applicable deductions such as Learner refunds, taxes, and administrative and handling fees (“Standard Revenue Share”). The percentage that will be paid to You will depend on the amount of collaborative course development input that is provided by SkillsMedTech. The following table specifies the percentage revenue that We will pay to You:
| % Revenue Share to Instructor | Instructor Effort | SkillsMedTech Effort |
|---|---|---|
| 70% | Complete course preparation | – |
| 50% | Provides organised and complete course content | Presentation development done by SkillsMedTech |
| 30% | Provides complete information only | Full course organisation and development by SkillsMedTech |
If SkillsMedTech changes the Standard Revenue Share, we will provide you thirty (30) days notice via email or prominent notice on the Online Learning Services.
So that SkillsMedTech can pay you in a timely manner, you must have a PayPal account or a Payoneer account in good standing and keep SkillsMedTech apprised as to the correct email address associated with your PayPal or Payoneer 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 SkillsMedTech 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 a Singapore company.
10. Refunds
As an Instructor, you acknowledge and agree that Learners have the right to receive a refund, as set forth in section 27 of SkillsMedTech’s Terms of Use. Neither Instructors nor SkillsMedTech shall receive any payments, fees or commissions for any transactions for which a refund has been granted pursuant to section 27 thereof. In the event that a Learner requests a refund for a Course after SkillsMedTech has sent an Instructor payment for that Course, SkillsMedTech 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 Learners for the Instructor’s Course to the extent no additional payments are due from SkillsMedTech to Instructor or such payments due to the Instructor that are insufficient to cover the amounts refunded to Learners.
11. Taxes
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:
i. Singapore
In the event that the sale or delivery of a Course or any Submitted Content to any Learner in Singapore is subject to any Goods and Services Tax (“GST”), under applicable law, SkillsMedTech will collect and remit the GST to the competent tax authorities for sales of such Courses or Submitted Content to Learners in Singapore. SkillsMedTech may at its Own discretion increase the Selling Price where SkillsMedTech is of the view that GST may be due and SkillsMedTech will have a liability to account for such. You will indemnify and hold SkillsMedTech harmless against any and all claims by any tax authority for any underpayment of GST, and any penalties and/or interest thereon on Your Instructor Revenue or otherwise.
ii. All Other Countries
For sales of any Courses or Submitted Content in countries other than Singapore, 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). SkillsMedTech 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 steps provided in the appropriate Instructor instruction page. 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 Learner(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 Learners 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 [email protected] or via our Support Center, and We will make commercially reasonable efforts to respond to Your request within 48 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 SkillsMedTech 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 Online Learning Services. Other modifications will become effective on the day they are posted unless stated otherwise. If You continue to use the Online Learning 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.