INSTRUCTOR TERMS & CONDITIONS
Last updated: March 30, 2020
When you sign up to become an instructor on the Elev8 Learning Management System (LMS) platform, you agree to abide by these Instructor Terms & Conditions (“Terms“). These Terms cover details about the aspects of the Elev8 LMS platform that are relevant to instructors and the general terms that govern your use of our Services.
As an instructor, you are contracting directly with Elev8 Asia Sdn Bhd.
- Instructor Obligations
As an instructor, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements.
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 Elev8 Asia to use your Submitted Content as specified in these Terms.
- 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 that you offer through your Submitted Content and use of the Services.
- 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; and
- you will produce content that is accurate and of best quality.
You warrant that you will not:
- post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous 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 Elev8 Asia’s resources, including support services.
- License to Elev8 LMS Platform
You grant Elev8 Asia the rights 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 remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, Elev8’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) Elev8’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 Elev8 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 Elev8’s content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
- Trust & Safety
3.1 Trust & Safety Policies
You understand that your use of the Services is subject to Elev8’s approval, which we may grant or deny at our sole discretion.
We reserve the right to remove courses, suspend pay-outs, 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
- a course falls below our quality standards or has a negative impact on the student experience;
- an instructor engages in behavior that might reflect unfavorably on Elev8 or bring Elev8 into public disrepute, contempt, scandal, or ridicule;
- an instructor engages the services of a marketer or other business partner who violates Elev8’s policies; or
- as determined by Elev8 in its sole discretion.
3.2 Co-Instructors and Teaching Assistants
The Elev8 LMS platform allows you to add other users as co-instructors or teaching assistants for courses that you manage. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your Elev8 LMS account and courses. Elev8 is not able to advise on any questions or mediate any disputes between you and such users. If your co-instructors have an assigned revenue share, their share will be paid out of your earned revenue share based on the ratios you have specified in your Course Management settings as of the date of the purchase.
3.3 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 Elev8 LMS platform, and that you won’t solicit additional personal data or store students’ personal data outside the Elev8 LMS platform. You will indemnify Elev8 Asia against any claims arising from your use of students’ personal data.
4.1 Price Setting
When creating a course, you are will be prompted to set a price for your courses. Elev8 Asia will provide advice on your course price based on guidelines and the Human Resources Development Fund (HRDF) Claiming System.
You give us permission to share your courses for and adjusted price or for free with our employees, with selected partners, for promotional activities, and in cases where we need to restore access to accounts who have previously purchased your courses. You understand that you will not receive compensation in these cases.
5.1 Revenue Share
Revenue is distributed on a “profit-share” basis. You are able to enjoy 50% profit with regular students.
If we change this payment rate, we will provide you 30 days’ notice using prominent means, such as via email.
Elev8 Asia makes all instructor payments in Malaysian Ringgit (MYR) regardless of the currency with which the sale was made. Your revenue report will show the sales price in Malaysian Ringgit (MYR).
5.2 Receiving Payments
For us to pay you in a timely manner, you must provide us accurate details regarding to your bank account and must keep us informed of the correct email associated with your account. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or banking details from you. 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.
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.
While you are a published instructor and subject to the requirements below, you may use our trademarks where we authorize you to do so.
- only use the images of our trademarks that we make available to you
- only use our trademarks in connection with the promotion and sale of your Elev8 courses or your participation on Elev8 LMS Platform; and
- immediately comply if we request that you discontinue use.
You must not:
- use our trademarks in a misleading or disparaging way;
- use our trademarks in a way that implies that we endorse, sponsor, or approve of your courses or services; or
- use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
- Deleting Your Account
We’ll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if students have previously enrolled in your courses, your name and that Submitted Content will remain accessible to those students after your account is deleted.
- Miscellaneous Legal Terms
8.1 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 Elev8 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. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
8.2 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to Elev8), 3.3 (Relationship to Other Users), 5.2 (Receiving Payments), 7 (Deleting Your Account), and 8 (Miscellaneous Legal Terms).
- How to Contact Us
The best way to get in touch with us is at firstname.lastname@example.org. We’d love to hear your questions, concerns, and feedback about our Services