YOUniversity Instructor Terms

Last updated: 09-09-2023

By signing up as an instructor on the YOUniversity platform, you agree to adhere to the following Instructor Agreement (“Agreement”). This Agreement outlines the terms and conditions specific to instructors and is incorporated by reference into our YOUniversity Terms of Service, the overarching terms governing your use of our e-Learning Services. Any capitalized terms not defined herein shall have the meanings ascribed to them in the YOUniversity Terms of Service.

As an instructor, you are entering into a direct agreement with YOUniversity, even if another YOUniversity subsidiary is responsible for processing your payments.

1. Instructor Responsibilities

As an instructor, you assume full responsibility for all content you upload, including but not limited to lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course descriptions, labs, evaluations, and announcements (collectively referred to as “Submitted Content”).

You affirm and guarantee that:

• You will provide and keep accurate account information.
• You own or possess the necessary licenses, rights, consents, permissions, and authorization to grant YOUniversity the rights to use your Submitted Content as outlined in this Agreement and the YOUniversity Terms of Service.
• Your Submitted Content will not violate or infringe upon the intellectual property rights of any third party.
• You possess the requisite qualifications, credentials, and expertise, including education, training, knowledge, and skills, to effectively teach and offer services through your Submitted Content on the YOUniversity platform.
• You commit to delivering a level of service that meets industry standards and aligns with the quality expected in your field of instruction.

You pledge not to:

• Upload or provide any inappropriate, offensive, discriminatory, hateful, sexist, pornographic, false, misleading, inaccurate, infringing, defamatory, or libelous content or information.
• Transmit unsolicited or unauthorized advertising, promotional materials, spam, junk mail, or any other form of solicitation, whether commercial or otherwise, via our Services.
• Utilize our Services for purposes other than providing educational, teaching, and instructional services to students.
• Engage in any activities that necessitate obtaining licenses or paying royalties to third parties, including but not limited to the public performance of copyrighted musical works or sound recordings.
• Frame or embed our Services or otherwise circumvent the intended use of our platform.
• Impersonate any other individual or gain unauthorized access to another person’s account.
• Interfere with or obstruct other instructors from offering their services or content.
• Misuse YOUniversity resources, including our support services.

2. YOUniversity’s Licence

By uploading your Submitted Content to YOUniversity, you grant YOUniversity the rights described in the YOUniversity Terms of Service, including the right to promote, market, and otherwise utilize your Submitted Content. This includes the right to add captions or make modifications to your Submitted Content to enhance accessibility. You also authorize YOUniversity to sublicense these rights to third parties, including direct dissemination to students and through intermediaries such as resellers, distributors, affiliate websites, deal platforms, and paid advertising on third-party channels.

Unless otherwise agreed upon (including within our Promotions Policy), you retain the right to remove all or any portion of your Submitted Content from our Services at any time. Unless otherwise agreed upon, YOUniversity’s right to sublicense the rights as described in this section will expire with respect to new users 60 days after the removal of your Submitted Content. However, (1) rights granted to students prior to removal will persist in accordance with the terms of those licenses, including any grants of lifetime access, and (2) YOUniversity’s right to utilize such Submitted Content for marketing purposes will survive termination.

We may record and utilize all or part of your Submitted Content for quality control, as well as for delivering, marketing, promoting, demonstrating, or operating our Services. You grant YOUniversity the permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling our Services, your Submitted Content, or YOUniversity’s content. You waive any rights to privacy, publicity, or similar rights to the extent permitted by applicable law.

3. Trust & Safety

3.1 Trust & Safety Policies

You agree to adhere to YOUniversity’s Trust & Safety policies, Restricted Topics policy, and other content quality standards or policies prescribed by YOUniversity from time to time. We recommend periodic review of these policies to ensure ongoing compliance. You acknowledge that your use of our Services is subject to approval by YOUniversity, which we may grant or deny at our sole discretion.

We reserve the right to remove content, suspend payouts, and/or suspend instructors at our discretion and without prior notice in situations where:

• An instructor or content fails to comply with our policies or legal terms, including the YOUniversity Terms of Service.
• Content does not meet our quality standards or adversely affects the student experience.
• An instructor engages in behaviour that could reflect negatively on YOUniversity or bring YOUniversity into public disrepute, contempt, scandal, or ridicule.
• An instructor engages the services of a marketer or other business partner who violates YOUniversity’s policies.
• An instructor uses our Services in a manner constituting unfair competition, such as promoting their off-site business in violation of YOUniversity’s policies.
• As determined by YOUniversity at its sole discretion.

3.2 Co-Instructors and Teaching Assistants

The YOUniversity platform allows you to designate other users as co-instructors or teaching assistants for Submitted Content under your management. You are required to abide by our Co-Instructor Relationship Rules and Guidelines when taking such actions. By appointing a co-instructor or teaching assistant, you acknowledge that you are authorizing them to take certain actions that may impact your YOUniversity account and Submitted Content. Violations of YOUniversity’s terms and policies by your co-instructor or teaching assistant may also affect your YOUniversity account and Submitted Content. YOUniversity cannot provide advice or mediate disputes between you and such users. If your co-instructors have an assigned revenue share, their share will be deducted from your earned revenue share based on the ratios specified in your Course Management settings as of the purchase date.

3.3 Relationship to Other Users

Instructors do not have a direct contractual relationship with students. Therefore, you will only receive information about students as provided to you through our Services. You agree not to use the data received for any purpose other than delivering your services to those students on the YOUniversity platform. You also agree not to solicit additional personal data from students or store their personal data outside of the YOUniversity platform. You further agree to indemnify YOUniversity against any claims arising from your use of students’ personal data.

4. Pricing

4.1 Setting Prices

When you make your Submitted Content available for purchase on YOUniversity, you will be prompted to select a base price (“Base Price”) from a list of available pricing tiers. Alternatively, you may choose to offer your Submitted Content for free. As a premium instructor, you will also have the opportunity to participate in specific promotional programs, as detailed in our Promotions Policy.

If you opt not to participate in any Promotional Programs, we will list your Submitted Content for the Base Price or the closest local or mobile app equivalent, as explained below. If you choose to participate in a Promotional Program, we may establish a different discounted price or list price for your Submitted Content, as outlined in the Promotions Policy.

For transactions conducted in foreign currencies, we will convert the relevant Base Price or Promotional Program price into the student’s applicable currency using a system-wide foreign currency conversion rate set by YOUniversity. These conversion rates may not be identical to the market rate at the time of transaction processing. We reserve the right to update this conversion rate at any time. Additional information on our pricing tiers, including the Price Tier Matrix, is available on our website.

For purchases made through a mobile application, the pricing will be controlled by the mobile platform provider, and we will select the price tier closest to the applicable Base Price or Promotional Program price.

You grant us permission to share your Submitted Content for free with our employees, select partners, and in cases where we need to restore access to accounts of students who have previously purchased your Submitted Content. Please understand that you will not receive compensation in such cases.

4.2 Transaction Taxes

If a student makes a purchase in a country where YOUniversity is required to remit national, state, or local sales or use taxes, value-added taxes (VAT), or similar transaction taxes (“Transaction Taxes”) under applicable law, we will collect and remit these Transaction Taxes to the relevant tax authorities for those sales. We may increase the sale price at our discretion if we determine that such taxes are due. For purchases made through mobile applications, the mobile platform (e.g., Apple’s App Store or Google Play) will collect applicable Transaction Taxes.

4.3 Promotional Programs

YOUniversity offers various optional marketing programs (Promotional Programs) in which you can choose to participate, as detailed in our Promotions Policy. These programs can help increase your revenue potential on YOUniversity by identifying the optimal price point for your Submitted Content and offering them through subscription collections.

Participation in these programs does not involve upfront costs, and you have the flexibility to modify your participation status at any time. However, please note that changes you make will not apply to currently active campaigns, and certain programs may impose additional requirements upon termination.

5. Payments

5.1 Revenue Share

When a student purchases your Submitted Content, we calculate the gross sale amount as the sum received by YOUniversity from the student (“Gross Amount”). From this, we deduct Transaction Taxes, mobile platform fees applied to sales via mobile provider checkout, a 3% service and processing fee for non-mobile provider checkout sales, and any amounts paid to third parties as part of the Promotional Programs. This calculation yields the net sale amount (“Net Amount”).

If you have not enrolled in any of YOUniversity’s optional Promotional Programs, and except for sales made through instructor-generated coupon codes or course referral links, your revenue share will be 60% of the Net Amount, less any applicable deductions such as student refunds. In the event of a change in this payment rate, we will provide you with a 30-day notice through prominent means, including email or notice on our Services.

If you opt into any Promotional Programs, the applicable revenue share may differ and will be as specified in the Promotions Policy.

YOUniversity processes all instructor payments in South African Rand (ZAR), regardless of the currency used in the sale. We are not responsible for any foreign currency conversion fees, wiring fees, or other processing fees you may incur. Your revenue report will display the sales price in local currency and the converted revenue amount in ZAR.

5.2 Instructor Coupons and Course Referral Links

The YOUniversity platform allows you to generate coupon codes and referral links to offer specific items from your Submitted Content to students at a discount, at YOUniversity’s prevailing price, or for free, as permitted within our Services. These coupon codes and referral links are subject to limitations, and you may not sell them on third-party websites or offer them in exchange for compensation. Further details and restrictions on these coupon codes and referral links are outlined in our Trust & Safety policies.

When a student applies your coupon code or referral link during checkout, your revenue share will be 60% of the Net Amount, less any applicable deductions such as student refunds.

5.3 Receiving Payments

To ensure timely payments, you must possess a PayPal or South African bank account (for South African residents only) in good standing and keep us informed of your correct email address associated with your account. You must also provide any identifying information or tax documentation necessary for the payment of amounts due, and you agree that we may withhold appropriate taxes from your payments. We retain the right to withhold payments or impose penalties if we do not receive the required identifying information or tax documentation from you. You acknowledge and agree that you are ultimately responsible for any taxes on your income.

Withdrawals can be requested once your balance reached R1000,00. Payment will be made within 30 days thereafter.

As an instructor, it is your responsibility to determine whether you are eligible to receive payments from a South African company. We reserve the right not to disburse funds in cases of identified fraud, violations of intellectual property rights, or other breaches of the law.

If we are unable to disburse funds to your payment account within the timeframe specified by your state, country, or relevant government authority under its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, which may include remitting those funds to the appropriate government authority as required by law.

5.4 Refunds

You acknowledge and accept that students have the right to request a refund, as detailed in the YOUniversity Terms of Service. Instructors will not receive any revenue from transactions for which a refund has been granted in accordance with the YOUniversity Terms of Service.

If a student requests a refund after we have disbursed the relevant instructor payment, we retain the right to either (1) deduct the refund amount from your next payment or (2) require you to reimburse any refunded amounts to students for your Submitted Content if there are no further payments due to you, or if the payments are insufficient to cover the refunded amounts.

6. Trademarks

As a published instructor and subject to the requirements outlined below, you may use our trademarks where we grant you authorization to do so.

You must:

• Only use the trademark images that we provide to you, as detailed in any guidelines published by us.
• Utilize our trademarks exclusively for the promotion and sale of your Submitted Content available on the YOUniversity platform, or for your participation on YOUniversity.
• Promptly cease usage of our trademarks if we request that you discontinue their use.

You must not:

Use our trademarks in a misleading or disparaging manner. Utilize our trademarks in a way that suggests YOUniversity endorses, sponsors, or approves of your Submitted Content or services. Employ our trademarks in a manner that violates applicable laws or is connected to an obscene, indecent, or unlawful subject matter.

7. Account Deletion

You can delete your instructor account by contacting YOUniversity’s Support Team. We will make reasonable efforts to process any remaining scheduled payments owed to you before deleting your account. Please be aware that if students have previously enrolled in your Submitted Content, your name and that Submitted Content may remain accessible to those students after your account is deleted.

8. Miscellaneous Legal Terms

8.1 Updates to These Terms

We may periodically update these terms to clarify our practices or to reflect new or altered practices, such as the introduction of new features. YOUniversity reserves the right, at its sole discretion, to modify or make changes to these terms at any time. If we make any significant changes, we will notify you using prominent means, including email notices sent to the email address specified in your account or notices posted through our Services. These modifications will become effective on the day they are posted, unless stated otherwise. Your continued use of our Services after such changes take effect signifies your acceptance of those changes. Any revised terms will supersede all previous terms.

8.2 Translations

Any versions of these terms in languages other than English are provided for convenience. You understand and agree that the English language version will prevail in case of any conflicts.

8.3 Relationship Between Us

You and YOUniversity acknowledge that no joint venture, partnership, employment, contractor relationship, or agency relationship exists between us.

9. Contact Information

If you have any questions, concerns, or suggestions regarding this Agreement, please contact by visiting this page on our website: https://youniversity.co.za/contact-us/

Thank you for choosing Youniversity. We are dedicated to providing you with a valuable and secure online learning experience.