Terms and Conditions

Terms and Conditions

These Instructor Terms & Conditions were last updated April 22, 2019.

If you are an Instructor, these Instructor Terms & Conditions (the “Instructor Terms”) contain the terms and conditions of your participation as an Instructor via MakeIT’s Services. This is a binding agreement between you and MakeIT and is incorporated by reference into MakeIT’s Terms of Use (“Terms of Use”).

1. Definition of Key Terms

"Course Price" means the price MakeIT charges for courses on the platform.

"Currency" means the currency of the Price.

"Exchange Rate" means a rate used by MakeIT for foreign currency conversion and does not include any fee or mark-up by MakeIT. The rate is established as per the exchange rate of the day using one or more third parties

"Instructor Revenue" shall mean Net Amount less any refunds paid, as provided in Section 10 of the Terms of Use.

"Gross Amount" means the amount actually received by MakeIT for purchases by Students for Your Course.

"Net Amount" means Gross Amount, less (1) Taxes (pursuant to section 11); (2) a forty percent (40%) administrative fee, and (3) any amounts paid in connection with MakeIT’s Marketing Programs if you choose to opt-in (as further described below).

"Pricing and Promotions Policy" means the policy setting forth MakeIT’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, MakeIT 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.

All other capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in MakeIT’s Terms of Use.

2. Agreement

As an Instructor you are contracting directly with Make-it.co, an online learning platform. Additionally, although we may utilize other MakeIT subsidiaries to facilitate Your payments, Your contract remains between You and Make-it.co.

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 on the platform. You understand and agree that you will indemnify MakeIT 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 www.make-it.co  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;

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 MakeIT, 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;

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 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 Services or to any User;

You will not use the Services for any business other than for providing tutoring, teaching and instructional services to Students;

You will not engage in any activity that will require MakeIT 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 Services or operations thereof, except as permitted in these Instructor Terms;

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;

You will not impersonate another person or gain unauthorized access to another person's Account;

Your use of the Services are subject to MakeIT'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 Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services;

You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;

You will maintain accurate Account information;

You shall respond promptly to Students 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 Services from time to time, and will assume responsibility and liability for Your performance and compliance hereunder.

5. License to MakeIT

You hereby grant MakeIT a worldwide, non-exclusive, royalty-free right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content through the platform, 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 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 Services. You hereby grant MakeIT 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

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. MakeIT reserves the right to remove Courses and Instructors at its sole discretion, as described in Our Terms of Use.

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 are prohibited from engaging in transactions, as may be determined by the State of Cameroon. If You become a Restricted Person during the term of these Instructor Terms, You shall notify MakeIT within twenty-four (24) hours, and MakeIT 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 MakeIT.

You agree that You shall not utilize the Services to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the Government of Cameroon. You may not remove or export from the Republic of Cameroon or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the Republic of Cameroon or any other applicable country.

8. Pricing

As an Instructor, You may not set a price for your course. MakeIT reserves the right to set the price for any course published on the platform.

As part of Your participation on MakeIT, You give Us permission to share Your Course, and information about You and the Course with MakeIT employees and selected partners, for which You will not receive compensation.

MakeIT offers certain programs that can help you market your Courses (“Marketing Programs”). The complete terms of the currently available Marketing Programs are available under our Pricing and Promotions Policy, which may be updated from time to time. If You choose to participate, the fee You receive from MakeIT 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 the amounts paid by Students for Courses sold through Marketing Programs are not fixed, and MakeIT has the sole discretion to determine those amounts and which Courses to offer as part of such Marketing Programs. Further, MakeIT 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.

9. Payments

If you are not opted into any of MakeIT’s optional Marketing Programs, you are entitled to fifty percent (50%) of the Net Amount received for Your Course, less any applicable deductions such as Student refunds. If MakeIT changes this instructor payment rate, we will provide you thirty (30) days notice via email or prominent notice on the Services.

To be able to pay you in a timely manner, you must have a Mobile Money or Orange Money account in good standing and keep MakeIT apprised as to the correct telephone number associated with your mobile money or orange money account. Payment will be made within forty-five (30) days of the end of the month in which the fee for a Course was received. You are responsible for providing Company 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 Cameroonian company.

10. Refunds

As an Instructor, you acknowledge and agree that Students have the right to receive a refund, as set forth in section 10 of MakeIT’s Terms of Use. Neither Instructors nor MakeIT shall receive any payments, fees or commissions for any transactions for which a refund has been granted pursuant to section 10 thereof. In the event that a Student requests a refund for a Course after MakeIT has sent an Instructor payment for that Course, MakeIT 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 Students for Instructor's Course to the extent no additional payments are due from MakeIT to Instructor or such payments due to the Instructor are insufficient to cover the amounts refunded to Students.

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.

In the event that the sale or delivery of a Course or any Submitted Content to any Student is subject to national, state, or local sales or use taxes, value added taxes, or other similar taxes (collectively, “Taxes”), under applicable law, MakeIT will collect and remit the Transaction Taxes to the competent tax authorities for such sales. MakeIT may at its own discretion increase the Sale Price where MakeIT determines that Transaction Taxes may be due.

12. Deletion of Your Account

If You wish to delete Your Instructor Account, You may do so. We will use commercially reasonable efforts 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 instructor@Make-it.co or via our Support Center, 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 MakeIT 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.

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