Instructor’s Conditions

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These Instructor Conditions were last updated on May 2020

By registering to become an instructor on the Femnoise platform, you agree to comply with these Instructor Conditions (“Conditions”). These Conditions address details of those aspects of the Femnoise platform that are relevant to instructors and are incorporated by reference into our Conditions of Use.

1. Services, users and activities

Key definitions:

A. Base Price: Refers to the course price set by the instructor within the level price matrix.

Instructor income: Is the net total minus reimbursements paid.

B. Total Gross: Refers to the actual amount received by Femnoise from student purchases for her course. 

C. Level Price Matrix: Refers to the table available in the Pricing and Promotion Policy that provides the matrix of Available Base Prices from which you can select the Base Price of your courses.

D. Pricing and Promotion Policy: refers to the policy available. It stipulates Femnoise’s conditions and policy on prices and promotions.

E. Sales Price: refers to the actual sales price of the Course.

2. Agreement

As an instructor, you contract directly from this website, www.femnoise.com (hereinafter Femnoise) is held by: Maria Natalia San Juan Bentancurt with NIE Y2037918V, we may also use other Femnoise affiliates to facilitate your payments, your contract will remain between you and Femnoise.

3. Obligations of the instructor

As an instructor, you are responsible for all the content you publish. 

You represent and warrant that:

• You will provide and maintain accurate information about your account;
• You own or have the necessary licenses, rights, consents, permissions and authority to authorize Udemy to use your Submitted Content as specified in these Terms and in the Terms of Use;
• Your Submitted Content does not infringe or misappropriate any third party’s intellectual property rights;
• You have the necessary qualifications, credentials and experience (including education, training, knowledge and skills) to teach and provide the services that you offer through your Submitted Content and your use of the Services; and
• Will respond quickly to students and ensure a quality of service consistent with the standards of its industry and overall instructional services.

You warrant that you will not:

• Post or provide any content or information that is inappropriate, offensive, racist, hateful, sexist, pornographic, false, deceptive, misleading, illegitimate, defamatory or libelous;
• 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 anything other than providing tutoring, teaching, and instructional services to students
• Participate in any activity that would require us to obtain licenses or pay fees to third parties, including the need to pay fees for the public performance of a musical work or sound recording;
• Frame or integrate the Services (as in integrating a free version of a course) or circumvent them in any other way;
• 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 Femnoise’s resources, including support services

4. Femnoise license

You grant Femnoise the rights detailed in the Conditions of Use to offer, market and otherwise exploit your submitted Content, as well as to license students for these purposes directly or through third parties. This includes the right to add subtitles or otherwise modify the content to ensure accessibility.

Unless otherwise agreed (including in our Promotions Policy), you have the right to remove all your Submitted Content or any part thereof from the Services at any time. Unless otherwise agreed, Femnoise’s right to license the rights in this section shall cease with respect to new users 60 days after the removal of the Submitted Content. However, (1) the rights granted to students prior to the removal of the Submitted Content will continue in accordance with the terms of those licenses (including lifetime access grants) and (2) Femnoise’s right to use such Submitted Content for marketing purposes will remain in effect after termination.

We may record all or any part of your Submitted Content for quality control purposes and to deliver, market, promote, demonstrate or manage the Services. You grant Femnoise permission to use your name, likeness, voice or image to offer, deliver, market, promote, demonstrate and sell the Services, your Submitted Content or Femnoise content, and you waive any rights of privacy, publicity or other rights of a similar nature, to the extent permitted by applicable law.

5. Trust and Security

You agree to abide by Femnoise’s trust and safety policies, the restricted topics policy and other course standards or quality policies issued by Femnoise from time to time. You should review these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to approval by Femnoise, which we may grant or deny in our sole discretion.

We reserve the right to remove courses, suspend payments, or ban instructors for any reason, at any time and without notice, including in cases where:

• An instructor or course fails to comply with our policies or legal conditions (including the Terms of Use);
• A course is below our quality standards or has a negative impact on the student’s experience
• An instructor exhibits behavior that may adversely affect Femnoise or result in her being publicly discredited, belittled, scandalized, or ridiculed;
• An instructor engages the services of a merchant or other business partner who violates Udemy’s policies; or as determined by Femnoise in its sole discretion.

6. Relationship with other users

Instructors do not have a direct contractual relationship with students, so the only information you will receive about students is that provided through the Services. You agree that you will not use the data you receive for any purpose other than to provide your services to those students on the Femnoise platform, and that you will not request additional personal data or store the personal data of students outside the Femnoise platform. You will indemnify Femnoise against any claims arising from your use of the students’ personal data.

7. Price configuration

When you create a course, you will be asked to select a base price (“Base Price”) for it from a list of available price categories. Alternatively, you may decide to offer your course for free. As a premium instructor, you will also be offered the opportunity to participate in certain promotional programs in accordance with the terms of our Promotions Policy (“Promotional Programs”).

If you choose not to participate in any Promotional Programs, we will list your course at the Base Price or the local or nearest mobile application equivalent (as detailed below).

When a student makes a purchase using a foreign currency, we convert the Base Price or Promotional Program price corresponding to the relevant student’s currency using a system-wide foreign currency conversion rate. This conversion rate is established by Femnoise and is set periodically in a table of corresponding price categories by currency (“Price Matrix by Level”). As the Price Level Matrix is fixed, these conversion rates may not be identical to the applicable market rate in effect when a transaction is processed. We reserve the right to update the Tier Price Matrix at any time.

When a student makes a purchase through a mobile application, the Mobile Platform Provider’s pricing matrix will be in control, and we will choose the price category closest to the Base Price or applicable Promotional Program price. As mobile platforms impose their own currency conversion rates, mobile application price conversions may not correspond to the Level Price Matrix conversions.

8. Transaction taxes

If a student purchases a product or service in a country that requires Femnoise to pay sales or use tax, value added tax (VAT), or other similar transaction taxes (“Transaction Taxes”) at the national, state, or local level, we will, under applicable law, collect and pay such Transaction Taxes to the appropriate taxing authorities in connection with such sales. We may increase the sales price at our discretion if we determine that such taxes will apply. 

9. Promotional programs

Femnoise offers several optional marketing programs (Promotional Programs) in which you may choose to participate, as detailed in our Promotions Policy. These programs can help you increase your revenue potential at Femnoise by finding the ideal price for your courses and promoting them through additional marketing channels.

There is no upfront cost to participate in these programs and you can change your participation at any time, although any changes you make will not apply to currently active campaigns.

10. Payments 

10.1 Revenue sharing

When a student purchases her course, we calculate the gross total of the sale as the amount actually received by Femnoise from the student (“Gross Total”). From this total, we deduct the Transaction Taxes, the mobile platform fees that apply to sales on such applications, 3% administrative and management fees (except in Japan, where we deduct 4% fees) for sales not made on mobile applications, and any amounts paid to third parties in connection with the Promotional Programs to calculate the net total sale (“Net Total”).

If you do not participate in any of Udemy’s Optional Promotional Programs, your revenue share will be 50% of the Net Total less applicable deductions, such as student refunds. If we change this payment rate, we will notify you 30 days in advance by some visible means, such as by email or by posting a notice through our Services.

If you participate in any of the Promotional Programs, the relevant revenue sharing may be different and will be as specified in the Promotions Policy.

Femnoise makes all instructor payments in Euros, regardless of the currency in which the sale was made. We will assume the transaction processing fees, with the exception of foreign currency conversion fees and transfer fees. Your revenue report will show the sales price (in local currency) and your converted revenue (inEU).

10.2 Receipt of payments

In order for us to pay you on time, you must have an active PayPal account and keep us informed of the correct email address associated with your account. You must also provide any identifying information or tax documentation (such as a Form W-9 or W-8) that is necessary to pay you the amounts due, and you agree that we have the right to withhold the appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive appropriate tax identification information or documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.

Depending on the applicable revenue sharing model, payment will be made within 45 days of the end of the month in which (a) we charge for a course or (b) consumption of the relevant course occurs.

As an instructor, it is your responsibility to determine whether or not you are eligible to be paid by a company in Europe. We reserve the right not to make payments if fraud, intellectual property rights infringement or other violations of the law are identified.

If we are unable to liquidate the funds in your payment account after the period set by your state, country, or other governmental authority in its unclaimed property laws, we may process the funds owed to you in accordance with our legal obligations, including by forwarding those funds to the appropriate governmental authority as required by law.

10.3 Refunds

You agree that students have the right to receive a refund as detailed in the Terms of Use. Instructors will not receive any revenue from transactions that have been granted a refund under the Terms of Use.

If a student requests a refund after we have paid the appropriate instructor’s payment, we reserve the right to (1) deduct the amount of the refund from the next payment sent to the instructor or (2) require the instructor to return any amounts that have been refunded to students for their courses, in the event that there are no further outstanding payments to the instructor or that the payments are not sufficient to cover the refunded amounts.

11. Deleting your account

Instructions for deleting your instructor account can be found here. We will make every commercially reasonable effort to pay the remaining scheduled payments due to you before we delete your account. You understand that, if students have previously enrolled in your courses, those students will still be able to access your name and that submitted Content after your account is deleted. If you need help or have difficulty removing your account, you can contact us through our Help Center.

12. Updating these conditions

From time to time, we may update these Terms to clarify our practices or reflect new or different practices (for example, when we add new features), and Femnoise reserves the right, in its sole discretion, to modify or make changes to these Terms at any time. If we make a material change, we will notify you by one of the principal means: for example, by sending you a notice by email to the address specified in your account or by posting the notice through our Services. Unless otherwise stated, changes will take effect on the day they are posted.

If you continue to use the Services after the changes take effect, you will be confirming your acceptance of the changes. The revised Terms will supersede all the above Terms.

13. Relationship between us

Both you and we agree that no joint venture, partnership, employment, contractor or agency relationship exists between us.

14. How to contact us

The best way to contact us is through the Support Team. We will be happy to hear your questions, concerns and comments about our Services.