Instructor

TEACHER TERMS AND CONDITIONS

DocDonkey is a Company specialised in creating digital training content and its online sales, through the e-learning platform that allows its use.

DocDonkey must ensure the security of the platform and services for users of its own community of students and teachers. For this reason, a teacher, before posting content on the DocDonkey platform, must agree to abide by these Teachers Terms and Conditions.

1. DEFINITIONS

1.1 Teacher means the user who intends to publish content on the DocDonkey platform.

1.2 User means any registered user who purchases content through the DocDonkey platform.

1.3 Student means any registered user who purchases content on a licence for use through the DocDonkey platform.

1.4 Content means any training courses published by a teacher.

1.5 Platform means the online learning platform provided by DocDonkey.

2 ACCOUNT CREATION

2.1 The creation of a Teacher account, essential for the Platform use, involves using a unique, complex, and personal password associated with your email address (which, together, constitute the “Login Credentials”). Teachers must be 18 to create an account on DocDonkey and use its services.

2.2 The Teacher undertakes to take all appropriate security measures to preserve and carefully keep the Login Credentials of his account for the use of the Platform. The Teacher also undertakes not to share, divulge, distribute, communicate, transfer or, in any case, grant in temporary use to third parties the aforementioned Login Credentials.

2.3 The Teacher is exclusively responsible for the confidentiality of the Login Credentials of his account. The Teacher is also fully responsible for any activity originating from the account unless he closes it or communicates any abuse.

2.4 The Teacher shall notify DocDonkey immediately of any unauthorized use of his account or his Login Credentials or any other security breach related to his account.

2.5 When creating an account, the Teacher undertakes to provide correct and truthful information, strictly necessary for the Platform use. In particular, to ensure the security of the account, the Teacher undertakes to:

a. Do not provide false information;
b. Do not create false or duplicate accounts;
c. Timely update its personal information in case of changes.

2.6 DocDonkey reserves the right to prevent or restrict access to the Platform, its features and/or services offered on and through it; to suspend or terminate any accounts with or without notice; to remove or modify the content of the Platform at its sole discretion in the event of, but not limited to, breach of the applicable legal provisions, these Teacher Terms or any specific applicable terms and conditions, at the request of law enforcement or government agencies, or in the event of suspected participation in fraudulent or illegal activities.

2.7 Within the Teacher account you, will be able to insert a photo, a brief description of your trainer activity and a nod to the know-how and contact information, visible to students and the platform users.

2.8 In addition, if the Teacher wants to use courses on the Platform as a student, it will not be necessary to create a new account: the content purchased will be available from their Teacher profile.

3 PRIVACY

3.1 When a Teacher creates an account, DocDonkey collects the data provided, including:

a. Account details: To access the Platform, the Teacher must create an account. When the Teacher creates or updates her account, DocDonkey collects and stores the data provided, such as email address, password, phone number, etc.
b. Profile data: The Teacher can also choose to provide additional information for their profile, such as a photo, social media profiles, a biography, or other data. The name and additional data of the Teacher profile will be publicly accessible and visible to all users.
c. Payment data: The Teacher will be required to provide his bank details so that DocDonkey can pay for his skills.

3.2 The teacher’s data will be processed in accordance with the DocDonkey privacy policy, available on the website docdonkey.com.

4 CONTENTS VALIDATION

 4.1 If a Teacher decides to publish a course on DocDonkey, the content itself must be approved through a validation process carried out by the DocDonkey team before being visible to the users. DocDonkey is not able to determine the legality of the course content. Therefore, DocDonkey will only verify that the content submitted by the Teacher is in the formats indicated in the Validation and Loading Manual contained in this document and that the audio and video quality meet the Platform standards.

4.2 However, it is important that the Teachers who publish content on the Platform respect the intellectual property of others. Therefore:

4.2.1 At the time of submitting the content, the Teacher declares that it does not include inappropriate information, violates the respect for human dignity, or is discriminatory, offensive, xenophobic, racist, denigratory, homophobic, sexist, obscene, pornographic, paedophile, false, misleading, incorrect, prohibited, libellous or slanderous;

4.2.2 The Teacher declares and guarantees that:

a. The content provided does not infringe the law or violates or misuse the intellectual property rights of third parties (including, but not limited to, trademarks, patents, and designs);
b. He has the necessary qualifications, credentials, and competence (including training, knowledge, and skills) to teach and offer the services through the content provided;
c. The quality of the service meets the standards of its sector and the educational services in general.

4.3 Validation and Upload:

4.3.1 DocDonkey reserves the right to validate the audio and video quality of the content submitted by the Teacher with adequate time from its upload before making it available to students (see “Content Validation and Loading Manual” attached to this document);

4.3.2 DocDonkey approval of the content does not relieve the Teacher of any responsibility relating to it;

4.3.3 DocDonkey may decide, in its sole discretion, not to grant the publication of the content to the Teacher if they are not in line with the conditions and the target of the Platform.

4.4 If the content is not approved by the DocDonkey team, the Teacher will be promptly informed of the reasons for the non-approval, thus allowing the provision of a new version of the course;

4.5 There is no time limit for the presence of content on the Platform unless the Teacher wishes to eliminate it. DocDonkey, in parallel, reserves the right to remove the content if it deems it necessary.

5. RESPONSABILITY FOR CONTENTS

5.1 The Teacher may use the Platform only for lawful purposes.

5.2 The Teacher is exclusively responsible for the content published on the Platform, as well as the consequences thereof.

5.3 The content uploaded to the Platform, therefore, remains under the full responsibility of the Teacher, and the content validation by DocDonkey before loading the same does not alter such attribution of responsibility in any way.

5.4 If DocDonkey becomes aware that one or more piece of content published by the Teacher violate the law or the rights of third parties, for example, if it is found that they infringe the intellectual property or image rights of third parties or are used for illegal activities or if DocDonkey considers the content published by the Teacher to be illegal, inappropriate, or questionable, DocDonkey shall have the right to remove such content from the Platform.

5.5 DocDonkey expressly denies all liability for any consequences, personal injury, consequential indirect or incidental damage caused to the user or third parties and arising from the content of the training course uploaded by the Teacher.

6. SALES PRICES

6.1 Upon content validation by DocDonkey, the Teacher shall be required to establish the PRICE LISTof the sale of their course. In choosing the price, the Teacher will have to follow the Price Matrix and Category tables below.

6.2 DocDonkey has set the maximum sale prices of the courses available on the Platform by dividing them into bands, from a minimum of 29,00€ to a maximum of 239,00€. The bands, 20 in total, are increased by 10,00 € each “increment”.

6.3 The Teacher will be required, therefore, to decide the list price, or the sale price of their course, depending on the category of the course and the price range for that same category.

7 PRICE DEFINITIONS

7.1 PRICE LIST: The Price list is the price agreed with the Teacher during the validation and loading of the course on the Platform (as per article 9). It is the price with which the course will be sold to customers, excluding VAT;

7.2 GROSS PRICE: Gross price means the price of the course including any VAT;

7.3 NET PRICE: Net price means the final price of the course, which is the amount actually received by the student at the time of purchase, net of VAT and any discounts applied based on active promotional campaigns (see article 11).

8 PROMOTIONAL CAMPAIGN

8.1 Always-on Campaign

8.1.1 DocDonkey may, at its discretion and without obligation to notify the Teacher, promote the content uploaded to the Platform. DocDonkey, in fact, implements different types of promotions throughout the year to encourage students to find and register for courses uploaded to the Platform. For example, DocDonkey can offer new students a one-off discount for registering with the Platform or offer specific discounts, to highlight a certain category for a certain period. DocDonkey adopts inexpensive models to determine the promotional price range of each course or category.

8.1.2 In any case, DocDonkey will not apply a discount rate higher than 20% (twenty per cent) on the Price list of the course established by the Teacher. Membership in the Always-on promotional campaign is mandatory for the use of the service.

8.2 “ACTIVE CAMPAIGN” Program

8.2.1 The Active Campaign Program can help increase the potential earnings of Teachers, as it allows DocDonkey to offer the most affordable courses in the context of targeted promotional initiatives. DocDonkey also employs a team dedicated to the placement of paid digital advertisements. DocDonkey also employs a team dedicated to the placement of paid digital advertisements. Through this Program, DocDonkey uses partner sites and advertising platforms to promote content to new students without the Teachers facing any initial costs. The offers of the Program may be advertised through the services, communications to users or third-party platforms, and their duration may vary as appropriate.

8.2.2 Participation in the Active Campaign Program is optional, and the Teacher will have to communicate it to DocDonkey when loading the content for approval.

8.2.3 In case of failure to sell the course, the Teacher will not be charged any fee.

8.2.4 The Teacher may decide to terminate his participation in the Active Campaign program at any time, giving written notice to DocDonkey at the info@dockdonkey.com e-mail address. Unsubscription from the Active Campaign program will not apply to content that, at the time of unsubscribing, is in a category subject of an ongoing promotional campaign. In this case, the cessation of membership will apply from the end of the current promotion campaign.

9 REVENUE SHARE

9.1 For the correct distribution of the revenue for the Teacher, DocDonkey considers as the basis of calculation the Net Price (as defined in Article 10.3), to which the transaction fees will be deducted and an administrative and management commission of 6% (six per cent).
Therefore, the net amount taken as the basis of calculation corresponds to approximately 94% (ninety-four per cent) of the net price.

9.2 Return rate: If the Teacher has not subscribed to DocDonkey Active Campaign promotional program (Article 11.2), the amount due to the Teacher shall be equal to 50% (fifty per cent) of the net price minus the administrative fees as outlined in Article 12.1.

9.3 Active Champaign return rate: the amount due to the Teacher in the event of the activation of the Active Campaign program will be equal to 25% (twenty-five per cent) of the net amount determined according to the criteria set out in article 12.1.

Summing up:

(*) Attivabile on application.

10 PAYMENTS

10.1 For DocDonkey to make payments to Teachers in a timely manner, the Teacher must provide DocDonkey with their bank details when signing this agreement.

10.2 DocDonkey will provide the Teacher with a monthly sales report of the Teacher’s Content by the 10th working day of the following month. The report will be made in EURO.

10.3 Payment will be made within 45 (forty-five) days of receipt of the invoice or receipt by bank transfer.

10.4 The Teacher agrees and accepts that Students are entitled to exercise their right to cancel their purchase, as provided for under the Consumer Act, within 14 days of the order. Teachers will not receive any income from transactions for which a refund has been granted to students who have exercised such right.

10.5 If a student requests a refund after the payment made by DocDonkey to the Teacher, DocDonkey will deduct the amount of the refund from the next payment due to the Teacher, detailing it on the monthly sales report. If no further payments are due or the payments are insufficient to cover the amounts reimbursed, the Teacher is required to return to DocDonkey the amount refunded to students promptly.

10.6 The Teacher agrees to have the final responsibility for any taxes on his income.

10.7 DocDonkey reserves the right not to pay the funds in the event of an identified fraud, infringement of intellectual property rights or other violations of the law.

11 COMMUNICATIONS

11.1 If DocDonkey needs to contact the Teacher, the Teacher hereby agrees to receive notifications to the email box registered by the Teacher on the Platform. In addition, it acknowledges the full validity of such notifications and communications sent in electronic form and accepts that they meet the requirements of legal disclosure.

11.2 DocDonkey is a registered trademark of Revfin srl, licensed to Alientech srl, based in via Dei Cordari, 1 – 13039 Trino (VC) – Italy, P.I. IT02007510023.

11.3 Any communications or complaints must be sent to this address by registered mail A/R or sent to the email address legal@docdonkey.com. Communications and complaints sent to different addresses will not be considered for the purposes of this Agreement.