Instructor Terms and Conditions

Overview

These Instructor Terms & Conditions (the “Instructor Terms”) contain the terms and conditions of Your participation as an Instructor via PRIMAEXCELLENCE REVIEW AND TRAINING CENTER, a website owned and managed by PRIMAEXCELLENCE REVIEW AND TRAINING CENTER. This is a binding agreement between You and PRIMAEXCELLENCE REVIEW AND TRAINING CENTER. and is incorporated by reference into PRIMAEXCELLENCE REVIEW AND TRAINING CENTER’s Terms of Use (“Terms of Use”).

Definition

“We, Us or Company” means PRIMAEXCELLENCE REVIEW AND TRAINING CENTER

“Base Price” means the course price set by the Instructor.

“Instructor Revenue” shall mean Net Amount less any refunds paid, as provided in Section 13 of the Terms of Use. 

“Gross Amount” means the amount actually received by PRIMAEXCELLENCE REVIEW AND TRAINING CENTER for purchases by Students for Your Course. 

“Net Amount” means Gross Amount, less (1) Taxes; (2) PRIMAEXCELLENCE REVIEW AND TRAINING CENTER 40% commission; (3) Other fees such as accreditation fee, credit card, paypal, and other merchant transaction processing fees.

“Sale Price” means the actual sale price for the Course.

“Sale Currency” means Philippine currency.

Agreement

As an Instructor You are contracting directly with PRIMAEXCELLENCE REVIEW AND TRAINING CENTER a Philippine company in the Republic of the Philippines. Additionally, although we may utilize other third party company to facilitate your payments, your contract remains between You and PRIMAEXCELLENCE REVIEW AND TRAINING CENTER.

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 to you through the Services (“Student Related Data”). You understand and agree that you will indemnify PRIMAEXCELLENCE REVIEW AND TRAINING CENTER for any issues arising out of your use of any Student Related Data.

Obligations

As an Instructor, you represent, warrant, and covenant that:

  1. 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 PRIMAEXCELLENCE REVIEW AND TRAINING CENTER, 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;
  2. No Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
  3. 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;
  4. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
  5. 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;
  6. You will not use the Services for any business other than for providing tutoring, teaching and instructional services to Students;
  7. You will not engage in any activity that will require PRIMAEXCELLENCE REVIEW AND TRAINING CENTER 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;
  8. 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;
  9. 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;
  10. You will not impersonate another person or gain unauthorized access to another person’s Account;
  11. Your use of the Services are subject to PRIMAEXCELLENCE REVIEW AND TRAINING CENTER’s approval, which we may grant or deny in our sole discretion;
  12. 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; 
  13. You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
  14. You will maintain accurate Account information;
  15. You shall respond promptly to Students and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
  16. 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.

License to PRIMAEXCELLENCE REVIEW AND TRAINING CENTER

You hereby grant PRIMAEXCELLENCE REVIEW AND TRAINING CENTER a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content through the 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 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 PRIMAEXCELLENCE REVIEW AND TRAINING CENTER 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. 

Pricing

As an Instructor, You will be responsible for determining the Base Price You charge Students for Your Course(s). You agree to charge only for Your own Submitted Content. You may not charge separately for any course add-ons such as downloadable PDFs or other content and services (such as providing a link to a third party service to sell downloadable PDFs). The Company will handle billing and other fee interaction with Students. The Company reserves the right to make changes to the Price at any time. 

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

Payment

We will pay You one hundred percent (100%) of the Net Amount received for Your Course less any applicable deductions such as Student refunds (“Standard Revenue Share”). If PRIMAEXCELLENCE REVIEW AND TRAINING CENTER changes the Standard Revenue Share, we will provide you thirty (30) days notice via email or prominent notice on the Services. 

A schedule of sales will be provided for You to verify against enrolled Students notices which you receive when Students enroll in Your course(s). You have the right to dispute within 10 days after receipt of payment and schedule of sales. Any mistake or discrepancy will be investigated and any amount due from Us will be paid on the next payment. Any dispute made after 10 days will not be honored and any payments made to You by Us are deemed final.

So that Company can pay you in a timely manner, you must have a PayPal account in good standing and keep PRIMAEXCELLENCE REVIEW AND TRAINING CENTER appraised as to the correct email address associated with your PayPal 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 Company with all identifying and tax information necessary for the payment of amounts due.

Refunds

As an Instructor, you acknowledge and agree that Students have the right to receive a refund, as set forth in section 13 of PRIMAEXCELLENCE REVIEW AND TRAINING CENTER’s Terms of Use. Neither Instructors nor PRIMAEXCELLENCE REVIEW AND TRAINING CENTER shall receive any payments, fees or commissions for any transactions for which a refund has been granted pursuant to section 13 thereof. In the event that a Student requests a refund for a Course after PRIMAEXCELLENCE REVIEW AND TRAINING CENTER has sent an Instructor payment for that Course, PRIMAEXCELLENCE REVIEW AND TRAINING CENTER 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 PRIMAEXCELLENCE REVIEW AND TRAINING CENTER to Instructor or such payments due to the Instructor are insufficient to cover the amounts refunded to Students.

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, PRIMAEXCELLENCE REVIEW AND TRAINING CENTER will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Students in the Philippines. PRIMAEXCELLENCE REVIEW AND TRAINING CENTER may at its Own discretion increase the Sale Price where PRIMAEXCELLENCE REVIEW AND TRAINING CENTER is of the view that VAT may be due and PRIMAEXCELLENCE REVIEW AND TRAINING CENTER will have a liability to account for such. You will indemnify and hold PRIMAEXCELLENCE REVIEW AND TRAINING CENTER harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon on Your Instructor Revenue or otherwise.

Termination of Your Account

If You wish to terminate Your Instructor Account, You may do so by notifying us within thirty (30) days. We will use commercially reasonable efforts make any remaining scheduled payments due and owing to You prior to terminating Your Account. You hereby understand and agree that if Student(s) have previously enrolled to Your Course(s), after Your Account has been terminated 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 terminating Your Instructor Account You may also contact Us via email at primaexcellenceservices@gmail.com and We will make commercially reasonable efforts to respond to Your request within 24 hours.

Student Information

Any Student information received by Us from Instructors or You such as names, email, etc. will only be used in accordance with sections 1 and 3 of Our Privacy Policy and for no other purpose(s). As stated in the relevant sections of Our Privacy Policy, such information will only be used for Email marketing about Our courses and services (with the Student’s permission), changes in our website, new courses, updates, when required by law or if the Student violates our Terms of Service.

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 PRIMAEXCELLENCE REVIEW AND TRAINING CENTER 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.