This Instructor Agreement (the “Agreement”) is entered into on the date of registering of the user willing to upload their course material on the website www.teczera.com (hereinafter the “Instructor”) by and between TeczEra (name of your Company, an incorporation registered under laws of India and having its registered address at RF2, Gajanan Bldg, Tisgaon Rd, Kalayn (mention full address of company) (the “Company”) and the Instructor, herein after together referred to as Parties.
WHEREAS the Company is an incorporation offering online marketplace for IT courses named Teczera.com (hereinafter referred to as “website”);
WHEREAS any user of the website signing in as Instructor may upload his/her course material relating to any IT subject as mentioned in the terms of the website available at https://teczera.com/terms-of-use/;
WHEREAS the Instructor hereinafter under this Agreement is willing to upload his course content on the website on terms and conditions stated hereunder in this Agreement.
IN CONSIDERATION of the promises and other good and valuable consideration (the sufficiency and receipt of which are hereby acknowledged) the parties agree as follows:
- Purpose The Company has developed the website on its own cost and expenses which specifically deals in IT courses including courses on various coding languages. The users of the website can upload their course material on the website as an instructor or can learn from the already uploaded courses on the website. This Agreement specifically deals with the terms and conditions of uploading a course on the website as an instructor.
- The Course
The platform offers two different types of opportunities for the instructors:
2.1 To upload their course materials or video content (related to IT subjects) already uploaded on third party platforms so as to increase their viewership and subscribers. Such courses shall be available on the website as free of cost and therefore the Instructor would not receive any revenue from the Company for such courses (hereinafter referred to as “Unpaid courses”)
2.2 The instructor may upload a fresh course material on the website the prices of which shall be mutually decided by the Instructor and the Company. The Instructor shall receive revenue on successful sale of such course in accordance with the provisions as stated in clause 3 below (hereinafter referred to as “Paid courses”).
- Commission and Payment
3.1 On successful sale of every paid course the Instructor shall receive 70% of cost of course as published on the website on the date of purchase of the course by the user.
3.2 “Successful sale” in for the purpose of this Agreement shall mean that the user/student has completed the course and has not asked for any refund. The commission shall reflect in the account of instructor and shall be payable to the Instructor only on successful sale of the course uploaded by him/her on the website.
3.3 The commission may be withdrawn by the Instructor at any time through Paypal as the only made of payment available on the website.
3.4 After the request for withdrawal has been made by the Instructor the Company may take around 8 (Eight) working days to process the payment.
3.5 The processing fee as applicable on Paypal for each transaction shall be deducted from the Instructors commission on every transaction.
3.7 If the instructor fails to answer the queries or doubts of the students/user relating to the course uploaded by him/her on the platform, the Company shall have right to withhold the commission payable to the instructor.
- Ownership of Content.
4.2 Once a course has been uploaded by the Instructor it shall not be withdrawn from the website even after the termination of this Agreement.
This Agreement shall commence on the date when the Instructor has read, understood and agreed on the terms of this Agreement and shall not terminate until the account of Instructor has been deactivated or deleted from the website either by the Instructor himself or by the website due to any breach of terms of this Agreement or of website by the Instructor.
This Agreement shall also terminate on the declaration of insolvency of either the Company or the Instructor himself.
6.1 Post termination the Instructor shall not share the course already uploaded on this Platform with any third party.
6.2 Post termination the Instructor shall not be eligible to withdraw their content from the website without the express written consent from the Company.
6.3 The Instructor willing to delete their account on the website shall not be eligible for commission earned on the successful sale of their courses on the website.
- Covenants and Warranties
7.1 The Company asserts that it is legally competent to provide the services as assured under this Agreement and that there is no impediment of any nature whatsoever which can result in non provision of services to the Instructor as stated under this Agreement.
7.4 The Company covenants and warrants that it shall take all reasonable efforts to make the on time payments without causing any undue delay.
7.5 The Instructor hereinafter covenants and warrants that it has the capacity to upload the course on the website and the content being uploaded or already uploaded on the website is not illegal or in contravention with any terms signed by him/her with any third parties.
7.6 The Instructor also covenants that there is no ongoing litigation against him/her that might affect the Instructor’s obligations or duties under this Agreement or that might affect the terms of this Agreement signed with the Company.
7.7 The Instructor hereinafter covenants to act in good faith and in compliance with all the laws applicable on him/her in the territory of India.
7.8 The Instructor shall not copy or create similar platform as that of the Company for any personal or commercial use.
7.9 The Instructor shall make all reasonable efforts to remain in contact with the users of the website on the platform offered by the website. Th Instructor shall be bound to answer all the queries of the user related to the courses uploaded by them on the website.
7.10 The Instructor shall not solicit any user of the website either personally or professionally to contact them outside of the platform. The Instructor shall always promote the sale of their courses through the website only and not otherwise.
- Intellectual Property and Copyrights
- No Rights Granted.
9.1 Nothing in this Agreement shall be construed as granting any rights under any patent, copyright or other intellectual property right of the Company, nor shall this Agreement grant Instructor any rights in or to the Company’s Confidential Information.
- Assignment. The rights and obligations created under this Agreement are personal in nature and shall not be assigned by the Instructor to any third party without the written consent of the Company.
- No Conflicts. The Instructor shall not be engaged in any activity which is not in the interest of the Company in accordance with the terms of this Agreement.
- Severability. The parties hereto agree that in the event any article or part thereof of this Agreement is held to be unenforceable or invalid then said article or part shall be struck and all remaining provision shall remain in full force and effect.
- Relationship. Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the Instructor and Instructor shall neither represent the Company, nor has any power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.
- Headings All headings used in this Agreement shall be considered for reference purposes only and shall not be used in interpreting the provisions of any of the clauses provided herein.
- Force Majeure In the event either party is unable to perform its obligations under the terms hereunder because of acts of God; strikes; wars; natural disasters; acts or omissions of any government; any rules, regulations or orders issued by any governmental authority or by any officer, department, agency or instrumentality thereof; insurrection; riot; invasion; equipment or transmission failure or damage that is reasonably beyond control; or any other cause that is reasonably beyond control of either of the Parties, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance hereunder shall resume when the affected party or parties are able to perform substantially that party’s duties.
- Notice All notices sent under this Agreement shall be in writing, in English language and shall be sent to the other party either of the email address or the official address of the other party as shared between them mutually. The notice if sent through email shall be considered as delivered immediately if sent during the official working hours on on the next working day if sent after the working hours of that day. The notice if delivered through post on the official address of the other party shall be considered as delivered when such post is received by the other Party.
- Jurisdiction and Arbitration
20.1 The Parties to this agreement submit to the exclusive jurisdiction of courts in the State of Maharastra, India.
20.2 Both Parties agree that in the event of a dispute they will enter into arbitration before the Arbitrator whose decision shall be final.
- Governing Law. This agreement shall be governed by the laws in force in the territory of StateMaharatra, India.
- Miscellaneous. Any term of this Agreement may be amended or waived only with the written consent of the parties. Any reference to male gender in this Agreement implies reference to female gender as well and vice versa. This Agreement constitute the entire agreement between the parties and supersedes all oral negotiations and prior writings with respect to the subject matter hereof. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws in force in the territory of India, without giving effect to the principles of conflict of laws. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument.
- Survival of obligations Notwithstanding Completion each and every right and obligation of the parties under this Agreement shall, except in so far as fully performed at Completion, continue in full force and effect.
In case of breach of any term of this Agreement, the Instructor shall be liable to pay an amount of compensation equivalent to the amount as computed to be equal to cover the losses caused to the Company as a result of breaching act of the Instructor.