UpskillsTutor TERMS & CONDITIONS FOR TUTOR
The new offer is valid from November 5, 2020.
Acceptance - full and unconditional agreement with all the provisions of these Rules and its annexes (if any) without reservations and exceptions by ticking the appropriate box when submitting the Request. Acceptance is also considered as the use of the Services, including, but not limited to, creating an Account, responding to the Request, applying for a Potential Request, publishing a blog or taking any other action using the functionality of the Site, including after making any what changes to these Terms and / or appendices to them (if any).
Request - a message left by the Student through the functionality of the Site to the selected Tutor regarding the possibility of receiving private individual / group classes in a particular subject or receiving related services of the Tutor (translation, consultation, etc.).
Catalog - a list of Tutors on the website, who are ready to provide services to students in accordance with the required parameters, which is formed by a hierarchical structure based on the rating score.
Messenger - is an instant messaging system integrated with the Website for communication between the Student, the Tutor and the Company.
Potential request - Student's request, which can be answered by the Tutors not previously selected by the Student, who are suitable according to the parameters set in it.
Tutor - Any person who has accepted the terms of this Policy and has created a Tutor Account on the website.
Student - any person who has accepted the terms of the UpskillsTutor Terms & Conditions for Student and created a Student Account on the Site.
Account ( "Account" ) - a stored set of data about the user of the Site, necessary for its recognition (authentication), as well as the web interface provided to the user to use the Site and provide access to his personal data and settings.
The site is the official website of Upskills OU on the Internet, which is accessed using a domain name (address): [ https://upskillstutor.com].
2.1. Parties to the Terms.
These UpskillsTutor Terms & Conditions for Tutor (the “Rules”) govern the contractual relationship between Tutor and Upskills OU (including subsidiaries, affiliates, agents and representatives) ( Upskills OU, UpskillsTutor or the Company ) regarding the use of Upskills OU Information Services. (“ Services”) in accordance with paragraph 3.1. of these Rules, which are offered through the Site.
UPSKILLS OU is a limited liability company, registered according to the legislation of the Republic of Estonia (registration number: 14307305, registration certificate number of payers of value added tax: EE102223332)
UpSkills OÜ, Harju maakond, Tallinn, Lasnamäe linnaosa, Pae tn 25-47, 11414, Estonia (UpSkills OU, Harju maakond, Tallinn, Lasnamäe linnaosa, Pae tn 25-47, 11414, Estonia)
2.2. Acceptance of the Rules.
By using the Services, the Tutor confirms that he or she is fully acquainted with the terms of these Rules and accepts them. If the Tutor does not agree with the provisions of these Rules in whole or in part, the Tutor must not visit the Site and use the UpskillsTutor Services.
2.3. Changes to these Rules.
In order to improve the quality of UpskillsTutor Services and to comply with legal requirements and respond to changing market conditions, these Rules may be amended by the Company unilaterally. The new version of the Rules comes into force from the moment of its placement on the Internet on the page at the address: https://upskillstutor.com/p/oferta/. In this case, the Company undertakes to notify the Tutor of changes by posting a notice on the Site or by sending a notice to the e-mail address of the Tutor at least fifteen (15) calendar days in advance during which the Tutor has the right to agree or disagree with the changes. . The period of such notice may be extended at the discretion of the Company, in the event of significant changes, or reduced if such changes are required by national law. Use of the Services after any changes and additions to these Rules means consent to such changes and / or additions.
IF A TUTOR REFUSES TO ACCEPT CHANGES TO THE RULES, THE TUTOR SHOULD NOT VISIT THE SITE AND USE UpskillsTutor SERVICES. THE TUTOR UNDERTAKES TO DELETE HIS ACCOUNT AND TERMINATE USE OF THE SITE.
USE OF UpskillsTutor SERVICES.
3.1. UpskillsTutor services.
The Company provides the Tutor with the opportunity to register an Account in order to be able to use all the Services in the manner and under the conditions specified in these Rules. Upon completion of the authentication process, the user acquires the status of Tutor and gets access and the opportunity to use the following Services:
Inclusion of the Account in the UpskillsTutor database for the possibility of searching for the Account by Students;
receiving Requests from Students for further provision of services by the Tutor;
opportunity to respond to the Potential Student Requests;
use of the Top Service;
use of Messenger;
use of the "Verified Tutor" service;
keeping the blog on the Site;
UPSKILLS OU ACTS EXCLUSIVELY AS AN INFORMATION PLATFORM PROVIDING THE SERVICES LISTED IN THIS SECTION. THE COMPANY PROVIDES ONLY THE SERVICES DEFINED IN P. 3.1. OF THIS SECTION. THE COMPANY DOES NOT PARTICIPATE IN THE PROVISION OF TUTORIAL SERVICES. SUCH SERVICES ARE PROVIDED TO THE STUDENT ON THE BASIS OF A SEPARATE AGREEMENT (IF NECESSARY) CONCLUDED BETWEEN THE STUDENT AND THE STUDENT. THE COMPANY IS NOT A PARTY OF SUCH AGREEMENTS, AND THEREFORE IS NOT RESPONSIBLE FOR THE RELATIONSHIP BETWEEN THE TUTOR AND THE STUDENT. ANY PAYMENT FOR TUTORIAL SERVICES IS MADE EXCLUSIVELY BETWEEN THE TUTOR AND THE STUDENT AND IS NOT PROVIDED FOR BY THE FUNCTIONAL OF THE WEBSITE.
IN THE PROCESS OF CONCLUDING AND PERFORMING SUCH CONTRACTS, UPSKILLS OU DOES NOT ACT AS AN AGENT OR EMPLOYEE OF A STUDENT OR TUTOR AND DOES NOT HAVE THE POWER OF AUTHORITY.
The student contacts the Tutor by sending a Request, which indicates the subject and level of training, place of classes, frequency and duration of classes, description of the requested service and other wishes, as well as their contact details for feedback. When submitting the Request, the Student may choose up to three (3) Tutors. In the near future, one of the selected Tutors will contact the Student by phone, e-mail or via Messenger to clarify the details. Further provision of services by the Tutor takes place outside the Site.
3.3. Potential requests.
If the Student does not receive a response from the selected Tutor, the Request becomes the Potential Request, which allows other Tutors who are suitable for the Student according to the pre-set parameters, to respond to it. The Tutor with the highest rating is appointed to provide services to the Student. The student has the right to agree or refuse to receive services from the Tutor.
After registering the Account, the Tutor gets access to the Messenger, which allows the Student, the Tutor and the Company to communicate with each other. The Messenger can be used after the Tutor has responded to the Student's Request or has expressed a desire to respond to the Potential Request to provide their services to the Student. Messenger can also be used to communicate with the Company.
THE COMPANY DOES NOT MODERATE AND DOES NOT HAVE AN EDITORIAL CONTROL OVER THE MESSAGE CONTENT, AND THEREFORE IS NOT RESPONSIBLE FOR THE CONTENT OF SENT MESSAGES.
A STUDENT MAY CONTACT A TUTOR OUTSIDE THIS WEBSITE BY TELEPHONE, E-MAIL OR ANY IN ANY SUITABLE WAY. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT AND CONSEQUENCES OF THE COMMUNICATION BETWEEN THE TUTOR AND THE STUDENT WHICH TAKES PLACE OUTSIDE THIS SITE.
3.5. Affiliate program.
The tutor has the right to post on the Site author's texts and video lessons on a subject related to the subject of services (" Blog "). For the maintenance of the Blog, the Company may, at its discretion, provide the Tutor with additional points to its Rating. The Company may set requirements for maintaining the Blog, which are published on the Site separately.
3.7. Restrictions on the use of UpskillsTutor Services.
In case of violation of the use of UpskillsTutor Services or any conditions of the Rules or other documents governing the legal relationship between the Tutor and the Company, the Company has the right to restrict the use of the Services by downgrading, which leads to a corresponding decrease in position in the Catalog, to restrict for fourteen (14) calendar days or to delete the Tutor Account. The Company may use different ways to restrict the use of UpskillsTutor Services at the same time.
The Company has the right to notify you of a decrease in the position in the Catalog or blocking of the Account by placing the appropriate banner in the Tutor's Account or via e-mail in advance or at the time of imposition of such restriction.
In the event of deletion of the Account, the Company shall notify the Tutor of the fact and reasons for imposing such restriction at least thirty (30) calendar days before the deletion, if such violation occurs for the first time, or at the time of imposition of restriction on UpskillsTutor Services, if the Tutor violates these Rules. The Company is obliged to inform about the content of the complaint of the user of the Site, if the restriction in the use of UpskillsTutor Services was imposed for this reason.
The Tutor may provide the Company with evidence that the reason for the restriction on the use of the UpskillsTutor Services has been remedied, on the basis of which the Company reserves the right to unlock or renew the Account.
4.1. Account Registration.
To register for the Account, the Tutor must reach the age of eighteen (18). The tutor recognizes and guarantees that he has all the appropriate rights, powers and opportunities to conclude and comply with all the conditions of these Rules. Tutor's account registration is free and voluntary. The tutor creates an Account by filling out the registration form. To create an Account, the Tutor must provide reliable and up-to-date information, which includes the last name, first name, password, as well as a unique e-mail address for each Tutor, confirmation of which comes to the specified address.
The company reserves the right to change the fields of the registration form and require the Tutor to enter additional information. The tutor undertakes to keep the information provided to the Company up to date.
Tutors are not allowed to create two or more Accounts. If it was discovered that one Tutor has two or more Accounts, the Company may, in its sole discretion, block or delete all or some of the Accounts.
The Tutor is obliged to immediately notify the Company of any cases of unauthorized access (suspicion of unauthorized access) to the Account. The Tutor is solely responsible for all actions taken on the Site using the Account. All actions performed on the Site using the Account are considered to have been made by the Tutor, except when the Tutor has notified the Company of unauthorized access (suspicion of unauthorized access) to his Account.
4.2. Account Content.
After registering an Account on the Site, the Tutor has the opportunity to create, edit and delete his or her own profile. The tutor fills in the profile with the necessary information, indicating the phone number, subjects and their rate, education and diplomas, place of classes, age, gender, schedule, links to videos and other additional information. There are several options for what information Students and other users of the Site can see. Account Data provides the ability to find the appropriate Tutor Account in the Catalog based on the required parameters.
THE TUTOR WILL UNDERSTAND THAT THE INFORMATION FROM THE TUTOR'S ACCOUNT (INCLUDING, BUT NOT LIMITED TO, REVIEWS AND RATING SCORES) IS PUBLIC. THEREFORE, ANY INTERNET USERS, OR ANY SEARCH SYSTEM HAS UNLIMITED ACCESS TO IT. THE TUTOR IS RESPONSIBLE FOR REVIEWING, COPYING, SAVING AND OTHER ACTIONS ON OWN ACCOUNT BY USERS.
BY PLACING INFORMATION ON THE WEBSITE, TUTOR AUTOMATICALLY CONFIRMS THAT HAS THE RIGHT TO GRANT, AND GRANT THE COMPANY AN IRREVOCABLE, PERPETUAL, NON-EXCLUSIVE, FULLY PAID AND SUCH THAT OPERATING WORLD-WIDE, LICENSE TO USE, COPY, PERFORM, DISPLAY AND DISSEMINATION OF SUCH INFORMATION, AS WELL AS GRANTING SUBLICENSES TO ALL OF THE ABOVE.
TUTOR AGREES THAT THE COMPANY WILL INDIVIDUALLY AND CONTINUOUSLY OWN ALL THE RIGHTS AND OTHER TITLES ON INFORMATION PUBLISHED ON THE SITE BY TUTOR AND HAS THE RIGHT TO DISTRIBUTE, LICENSE, SUBLICENSE, MARKET, PROMOTE, DISPLAY OR OTHERWISE USE ALL RIGHTS TO SUCH INFORMATION AROUND THE WORLD, IN DIFFERENT LANGUAGES, IN ANY MEDIA FORMATS AND THROUGH ANY MEDIA (AS KNOWN AT THE MOMENT, YES AND THOSE THAT WILL BE DEVELOPED IN THE FUTURE) WITHOUT ANY ADDITIONAL OBLIGATIONS OR REMUNERATION TO THE TUTOR.
4.3. Delete Account.
The Tutor has the right to terminate the cooperation unilaterally at any time and delete the Account, provided that there is no arrears of payment of the Company's remuneration.
4.4. Processing of personal data.
In the process of using the Site, the Tutor may provide the Company with the personal data. The Company is not responsible for the use of any personal information that may be disclosed through an Account on the Site. The tutor must use it carefully.
4.5. Feedback system.
Students can leave feedback on the lessons conducted by the Tutor. The Tutor understands that the reviews are visible to all Students and other users and are published on the Site within a reasonable time. The company publishes ALL student reviews, except those that contain:
vulgarities, obscene and pornographic content, or content that incites hatred, racism, xenophobia and ethnic conflicts;
content that infringes the rights of third parties, including intellectual property rights, personal rights, including the reputation of other Students and Tutors or third parties;
content that is the result of an agreement with other Students or Tutors or third parties to provide a grade or feedback;
content that is erroneous, defamatory or a manifestation of unfair competition; and
any other content which, in the opinion of the Company, violates the terms of these Rules, the Privacy and Data Protection Policy or the requirements of Polish law.
THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF THE REVIEWS FROM STUDENTS. THE TUTOR DOES NOT HAVE THE RIGHT TO REMOVE OR APPEAL TO THE COMPANY FOR REMOVAL OF UNWANTED REVIEWS.
4.6. Tutor rating.
The company distributes orders among Tutors using a rating system. The rating score is formed on the basis of the following criteria:
Content of the Account;
data on education and qualification;
responses and response time to personal Requests;
appointment of the date and speed of appointment of the date of the first lesson;
timeliness of Service fee payment for the conducted classes;
loss of rating points;
blogging on the Site.
The Tutor's rating score may also be affected by the "TOP" service, as described in paragraph 5.2 of the Rules.
The tutor with the highest rating, as well as the one that meets the specified parameters, is the first to be sent an offer to respond to the Potential Request.
Based on the information provided in the Account, Tutor may receive marketing notifications, including, but not limited to, information about Student Requests, Potential Requests, and system notifications from the Company related to the use of the UpskillsTutor Services. If the Tutor does not wish to receive marketing notifications, the Company grants the Tutor the right to refuse such notifications through the appropriate settings directly in the letters. The tutor has no right to refuse to receive system notifications.
FINANCIAL CONDITIONS AND PAYMENT PROCEDURE.
5.1. Reward of the Company.
The Company is entitled to receive remuneration for the UpskillsTutor Services provided, which is calculated depending on the income and type of services of the Tutor (“ Reward ”). The tutor may receive income for the provision of the following services (" Tutor's income "):
1) conducting classes with students;
2) provision of related services.
The amount of the Reward is determined on the basis of the report submitted by the Tutor on the results of the provided services, as well as on the basis of the information received by the Company from the Student to whom the Tutor provided services during the week. The Company reserves the right to determine the amount of the Reward only on the basis of information received from the Student.
Payment of the Reward is made in the ways specified in the Tutor's Account. The Tutor undertakes to notify the Company of the fact of payment and its method, if an alternative method of payment from the Tutor presented in the Account has been used (subject to agreement with the Company).
If the Tutor is unable to pay the Company's Reward due to circumstances beyond the Tutor's control within the period specified in these Rules, the Tutor must notify the Company.
If the Tutor fails to pay the Tutor's Fee within fourteen (14) calendar days from the date of invoicing, the Company reserves the right to unilaterally refuse to provide the Services and impose restrictions on the use of the UpskillsTutor Tutor Services if the Tutor fails to notify in a timely manner. In any case, the Tutor is obliged to pay the Company's Remuneration.
TUTORS ACKNOWLEDGES THAT FOR THE PURPOSES OF THESE RULES, IN PARTICULAR FOR THE PROOF THE RATE, AMOUNT OF HELD CLASSES AND AMOUNT OF PROVIDED RELATED SERVICES, EXCLUSIVELY ACCOUNTING SYSTEM OF UPSKILLS OU IS USED. THE TUTOR IS OBLIGATED TO PROVIDE THE COMPANY WITH UPDATED INFORMATION ABOUT THE RATE AND THE NUMBER OF CLASSES, AS WELL AS THE COSTS OF PROVIDED RELATED SERVICES.
5.1.1. Reward of the Company in case the Tutor receives income from conducting classes with Students.
The Company's reward in case the Tutor receives income from classes with the Student is calculated according to the number and duration of classes on the following conditions: Reward for one (1) lesson (" Short Course ") is fifty percent (50%) of the rate of one (1) hours of classes specified or selected by the Student at the time of submission of the Request ("Rate"). If the Tutor has conducted two (2) to four (4) classes (“Short Course”), the Company's Reward is one hundred percent (100%) of the Tutor's Rate. If the Tutor conducts more than four (4) classes (“Long-Term Course”), the Company's Reward is one hundred percent (100%) of the Tutor's income received during the week for conducting classes with one Student (ie, the Company's Reward is equal to the number of classes multiplied by the rate).
In the case of a Long-Term Course, the Company's Reward shall not be less than the cost of two (2) Tutor Rates.
In case of classes in different subjects for one Student, the Tutor undertakes to pay the Reward for each of the subjects separately.
The following terms are used to pay the Company's Reward:
Within five (5) calendar days from the moment of invoicing for the payment of the Company's Reward, if one (1) lesson per week is held with the Student;
Within 5 (five) calendar days from the moment of invoicing for the payment of the Company's Reward, if one (1) to two (2) classes per week are held with the Student;
Within seven (7) calendar days from the date of invoicing for the payment of the Company's Reward, if held from three (3) classes per week with the Student.
If the Student and the Tutor have agreed to reduce the Rate, the Reward is calculated according to the Rate set by the Tutor in the Account at the time of the appointment of the Tutor on the Student's Request.
In cases where the number of classes of the Tutor with the Student (successfully completed from one (1) to four (4) classes including the planned Long-term course) was actually less than the planned number of classes, the cost of the Contractor's services can be listed as follows:
If one (1) lesson has been successfully completed - the amount of the Company's Reward is fifty percent (50%) of the Tutor's Rate;
If two (2) to four (4) classes have been successfully completed - the amount of the Company's Reward is one hundred percent (100%) of the Tutor's Rate.
The period during which requests for recalculation of the Reward paid to the Company are accepted is not more than fourteen (14) days from the date of the first (1) class. The tutor is solely responsible for the correctness of the payments made by him, including the use of payment methods specified on the Site.
TUTORS IS DENIED THE RIGHT OF RECALCULATION OF PAID FEES IF THE STUDENT REFUSED FROM FURTHER STUDIES WITH TUTORS SOLELY BY INITIATIVE OR THROUGH THE FAULT OF A TUTOR.
5.1.2. Reward of the Company in case the Tutor receives income from the provision of related services.
The tutor may provide related services to the Student (translation, consultation, etc.), except for conducting private individual and (or) group classes. Payment of the Company's Reward in case the Tutor receives income from the provision of related services of the Tutor is twenty percent (20%) of the cost of each individual service.
The Tutor shall pay a period of seven (7) calendar days to pay the Company's Reward for the provision of related services.
5.2. “Top position” service.
The Company may provide the Tutor with the “Top position” Service, which consists in demonstrating the Tutor's Account in the first positions for the Student when ranking the Catalog according to the relevant set criteria. Such Service may be provided only to Tutors whose Account is fully completed. The cost of the “Top position” Service is described on the Site. The company can change the cost at any time. The Tutor has the right to subscribe to the Top Service for one (1), three (3) or six (6) months.
The Tutor understands that it is NOT entitled to demand a refund of the “Top position” Service due to the peculiarities of its digital format in case of self-deletion or deletion by the Company of the Tutor's Account due to improper compliance by the Tutor with this Policy.
In case of blocking the account, the “Top position” service is put on hold for the period of account blocking. If the Tutor does not eliminate the obstacles or deficiencies that have caused the Company to block, the Tutor's Account may be deleted at the Company's discretion. In this case, the funds for payment of the “Top position” service are NOT refundable.
If due to any technical malfunctions this Service has not been provided, the refund is made by the Company after receiving the relevant proof of payment and the presence of technical malfunctions (at the request of the Company). In this case, the return of the Reward is reflected in the Tutor's Wallet with the possibility of using the returned funds in the future.
The Tutor reserves the right to return the funds AFTER payment, but BEFORE receiving confirmation of the start of such Service by the Company to the e-mail address and / or Viber. You are required to send your complaint or refund request at info@upskillstutor . The refund decision shall be made up to 30 calendar days. To the fullest extent permitted by law, any refunds at any time are at our sole discretion only. If your message contains a complaint or a suggestion, we will respond within 30 calendar days.
DEMONSTRATION OF THE ACCOUNT AT THE FIRST POSITION IN CATALOG FOR THE STUDENT IS DEPENDING ON THE TOTAL NUMBER OF ACCOUNTS FEATURED WITH "TOP " SERVICE IN THE CERTAIN CITY AND SUBJECT. THE TUTOR WILL UNDERSTAND THAT THE PURCHASE OF THE "TOP" SERVICE IS NOT A GUARANTEE OF RECEIVING REQUESTS FROM STUDENTS AND DEMONSTRATION OF THE ACCOUNT IN THE FIRST PLACE OF THE CATALOG. THE "TOP" SERVICE ONLY PROVIDES THE OPPORTUNITY TO DEMONSTRATE THE TUTOR'S ACCOUNT IN THE "TOP" BLOCK, WHERE UP TO TWENTY (20) SIMILAR ACCOUNTS CAN BE PLACED AT THE SAME TIME (DEPENDING ONCOMBINATION "CITY"+"SUBJECT").
5.5. Wallet .
The Tutor has the right to pay for the Reward or the Top Service by pre-uploading the funds to the virtual box for storing funds (“ Wallet ”) by available methods on the Site.
RIGHTS AND OBLIGATIONS OF THE PARTIES.
The tutor has the right to:
use the UpskillsTutor Services in accordance with the terms of these Rules;
provide the Company with its wishes and (or) suggestions for improving the provision of Services;
contact the administration of the Site if necessary.
The tutor undertakes:
provide the Company with complete and reliable information about itself, the conditions of its professional activity and the services provided to students;
independently draw up their contractual relationship with the Student by concluding an agreement that regulates the procedure and conditions for the provision of services by this Tutor (if necessary);
use the UpskillsTutor Services in good faith, do not take any actions, including the use of software, aimed at disrupting the normal operation of the Site;
refrain from attempting unauthorized access to the Site, intellectual property objects located on it, as well as from carrying out any other actions that violate the rights of the Company or third parties;
not to access certain functions of the Service using the Account of another Tutor by hacking, password selection or other illegal means;
provide services to the Student on the terms previously specified in the Tutor's Account;
immediately (within one (1) hour) contact the Student after receiving an SMS with the contact of the Student (or) a send letter to the e-mail address and agree on the date of the first (1) class and (or) other services;
after the first (1) call to the Student on the same day send the Company a report on the results of such communication by using an Account, phone call, SMS or feedback form on the Company's website (including the results of negotiations with the Student, the agreements reached, the date the first lesson, the order of classes and other conditions). This obligation is retained by the Tutor even if an agreement on the date of the first (1) class with the Student has not been reached, as well as in cases where it has not been possible to call the relevant Student;
inform the Company about the postponement of the date of classes and (or) the provision of other services with the Student;
inform the Company within three (3) calendar days about any changes in their contact details, changes in the conditions under which the services are provided for the Students, the temporary cessation of services to the Student or the complete cessation;
make payment of the Company's Reward in the amounts and in the manner prescribed by these Rules, or notify the Company payment of the Reward is impossible within the period specified in these Rules;
in case of inability to agree with the Student on conducting classes on his Request, as well as in case of premature termination of classes, the Tutor is obliged to inform the Company within twenty-four (24) hours about the impossibility of providing services to the Student;
not to download, send, transmit or otherwise post and / or distribute content that is unlawful, harmful, or that violates morality, demonstrates or promotes violence, cruelty, infringes intellectual property rights, promotes hatred and / or discrimination, insults any person or organization or otherwise violates the law;
not to post information that according to the current legislation may infringe the rights of third parties to intellectual property or constitute another violation of the current legislation of the Republic of Poland;
not to carry out illegal collection and processing of personal data;
comply with the terms of these Rules and the Privacy and Data Protection Policy.
The company has the right to:
request and receive from the Tutor information in the form of copies of documents and / or submission of originals related to his professional activity, including, but not limited to, documents confirming work experience, education background, qualifications, place of work; as well as to check such documents at any time without warning the Tutor;
to impose restrictions on the use of the Site by the Tutor in accordance with the terms of these Rules;
change the terms of these Rules;
send messages to the Tutor in accordance with the marketing policy described in the Privacy and Data Protection Policy;
suspend access to the Site in case of technical malfunctions;
receive a Reward for the provision of Services in accordance with the terms of these Rules.
The company undertakes:
register the Tutor on the Site, as well as to provide the Tutor with a free account, which contains sections with relevant information about the Tutor and his or her services;
notify of any changes to these Rules by posting a notice on the Site, where the Tutor has the right to agree or disagree with the changes, or by sending a notice to the e-mail address of the Tutor at least fifteen (15) calendar days before posting, if the shorter term does not apply in case of changes in national legislation;
issue an invoice to the Tutor regarding the payment of the Company's Reward after the relevant classes and (or) provision of other services to the Students;
provide the opportunity to use the Site in the manner prescribed by these Rules.
DISCLAIMER OF WARRANTIES.
Access to the UpskillsTutor Services is provided on an "AS IS" basis. The Company does not bear any responsibility, including for compliance of the Site with the aims or goals of the Tutor.
Upskills OU does not warrant that:
The site meets or will meet the requirements and expectations of the Tutor;
Services will be provided continuously, quickly, reliably and without errors;
The quality of any Service, information, etc., will meet the expectations of the Tutor;
The site does not contain any viruses, errors, omissions, interruptions, deletions, other defects;
All users have reached the minimum age.
UPSKILLS OU DOES NOT WARRANT THE RECEIPT OF TUTORIAL SERVICES BY A STUDENT AT ANY TIME AND PAYMENT FOR THE TEACHER'S SERVICES. THE TUTOR AGREES TO THE RISKS ARISING IN RESPECT OF THE PROVISION OF HIS SERVICES TO THE MAXIMUM MEASURE REQUIRED BY LEGISLATION.
LIMITATION OF LIABILITY.
The Company is not liable to the Tutor or any third parties:
for the actions of the Tutor or Student on the Site;
for the content and legality, reliability of the information used / received by the Tutor during the provision of Services;
for any errors, omissions, interruptions, defects and delays in processing or transmission of data, failures in communication lines, destruction of any equipment, illegal access of third parties to the Site, which caused restriction of access of the Tutor to the Site. Upskills OU takes all necessary measures to eliminate any malfunctions of the Site as soon as possible, but does not guarantee the absence of failures and errors. In this case, the Company cannot guarantee the retention of data;
for any costs or losses, directly or indirectly incurred by the Student or the Tutor as a result of the Tutor providing services to the Student. Under no circumstances shall Upskills OU be liable to the Tutor or third parties for any indirect damages, including lost profits;
for the quality and timing of services provided by the Tutor through the placement of relevant information on the Site;
for any direct and / or indirect damages, including lost profits or lost data, damage to honor, dignity or business reputation, incurred in connection with the use of the Tutor of the Site, or inability to use it, or unauthorized access to the Tutor's communications by third parties;
for any content or other use of the Company Services by persons under the age of eighteen (18) to obtain Tutor status or sixteen (16) years to obtain Student status.
Any information and materials that the Tutor receives using the Site, the Tutor uses at its own risk and is solely responsible for the possible consequences of using this information and / or materials. Other users may receive personal information about the Tutor in connection with the use of the UpskillsTutor Services. The Company is not responsible for the use of any personal information disclosed on the Site by the Tutor.
Upskills OU disclaims any responsibility for the actions or omissions of other users (including unauthorized users) arising out of the use of the Site or in any other way.
Under no circumstances should Upskills OU's total liability to the Tutor in connection with the use of the UpskillsTutor Site or Services exceed the 70 pln.
The limitations of liability provided for in this Section and the disclaimer of warranties provided for in Section 7 of these Rules shall not limit the liability or modify the Tutor's rights, which may not be limited in accordance with applicable law.
SETTLEMENT OF DISPUTES.
9.1. Dispute with Upskills OU.
If the Tutor has any questions to the Company regarding these Rules or certain inconsistencies, claims, disputes (“ Disputes ”) that materially affect the receipt of Upskills OU Services, the Tutor must first notify the Company of the nature of such Dispute. The Tutor and the Company must make every reasonable effort to resolve such Disputes through negotiations.
All disputes arising out of or in connection with these Rules and which cannot be settled through negotiations must be considered by the relevant courts of the Republic of Poland . Polish law applies to the settlement of disputes.
9.3. Dispute between users.
In the event of any Dispute between the Tutor and the Student or another user, including, but not limited to, the provision of services by the Tutor to the Student or their payment, such Dispute is resolved independently between the parties to the Dispute without the Company's involvement.
If Upskills OU is sued by third parties in connection with the provision of Services by the Company through the fault of the Tutor, the latter undertakes to settle such claims with its own and at its own expense with third parties, protecting the Company from possible disputes, damages. .
10.1. Text of the Rules.
Any rules, policies and notices that are related and may arise under the terms of these Rules and posted on the Site are an integral part of these Rules. The text of these Rules is open and publicly available. These Rules are concluded for an indefinite period and apply to Tutors providing access to the Site and use of Upskills OU Services, on the date of such access and use.
If any of the conditions or provisions of these Rules are declared invalid by a court or body of territorial and instance jurisdiction, it does not lead to the invalidity of any other provisions of the Rules.
10.2. Intellectual Property.
All content, design, graphics, combinations, translation, digital conversion and other materials related to the UpskillsTutor Services are protected under applicable copyright, trademark and property laws (including but not limited to intellectual property rights) and are owned by the Company and (or) its affiliates. Copying, redistributing, or publishing any part of the Site, unless expressly provided by these Rules, is strictly prohibited. Use of the UpskillsTutor Services does not grant intellectual property rights to content, documents or other materials that can be accessed. The posting of information or materials on the Site does not constitute a waiver of any rights to such information or materials.
THE COMPANY SINGLE AND CONSTANTLY OWNS ALL RIGHTS AND OTHER TITLES TO THE INFORMATION POSTED ON THE SITE. THE COMPANY MAY DISTRIBUTE, LICENSE, SUBLICENSE, MARKET, PROMOTE, DISPLAY OR OTHERWISE USE ALL RIGHTS TO SUCH INFORMATION THROUGHOUT THE WORLD, IN DIFFERENT LANGUAGES, IN ANY MEDIA FORMATS AND THROUGH ANY MEDIA (AS KNOWN AT THE MOMENT, AND SUCH THAT WILL BE DEVELOPED IN THE FUTURE) WITHOUT ANY ADDITIONAL OBLIGATIONS OR PAYMENT OF REMUNERATION.
10.3. Third Party Websites.
The Site may contain hyperlinks to other websites on the Internet (third party websites). These third-party websites and their content are not checked by the Company for compliance with certain requirements (authenticity, completeness, legality, etc.). The Company is not responsible for any information, materials posted on third party websites, to which the Student accesses using the Site, including, for any opinions or statements posted on third party websites, advertising etc., as well as for the availability of such websites or the consequences of their use by the Tutor.
The cost of the Services provided by the Company does not include value added tax (VAT). Upskills OU is obliged to charge VAT on the Services provided, adding VAT to the costs of the Services provided. VAT is paid in accordance with the legislation of the country of residence of the Tutor. The current VAT rate is determined based on the information provided by the Tutor and specified in his Account.
The tutor is solely responsible for any other individual taxes, possible penalties due to incorrect tax information or non-payment of relevant taxes. The basic VAT rate for individuals is 23%, for legal entities - 0% (if a valid VAT number is available)
If the Tutor believes that the wrong VAT rate has been applied to him, he has the right to apply to the Company to resolve this issue. The Company reserves the right to require the Tutor to provide the necessary supporting documents to resolve any issues related to taxation