Instructor Agreement

Instructor Agreement 

Upon signing up as an instructor with Fanalyst Academy, you agree to adhere to the Terms contained in this Instructor Agreement (“Agreement“). These Terms detail aspects of Fanalyst Academy as it concerns instructors and is incorporated by reference into our Terms of Service. Note that capitalized terms not defined in this Agreement are specifically defined in the Terms of Service.

Signing up to become an instructor with Fanalyst Academy implies that you are contracting directly with Fanalyst Academy regardless of whether you are on the payroll of its subsidiary company.

  1. Instructor Responsibilities

As an instructor, you bear responsibility for any and all content you post or submit on the online platform (“Posted Content“).You warrant that:

  1. Your account contains valid information about you;
  2. You have the required licenses, permissions, and rights to authorise Fanalyst Academy to use your Posted Content as stipulated in these Terms and the Terms of Service;
  3. Your Posted Content doesn’t violate intellectual property rights;
  4. You possess the required credentials, and expertise to offer the services of an instructor through your Posted Content and use of the Services; and
  5. You will provide a qualitative service that is in accordance with the accepted standards of your industry and instruction services in general.

You warrant that you will not:

  1. Post, submit, or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, misleading, infringing, defamatory, or libelous content or information;
  2. Post or share any unsolicited or unauthorized promotional materials, spam, or any other form of solicitation through the platform or to any user;
  3. Use the Services to run any other business other than providing instructional services to students;
  4. Carry out any activity that will require us to obtain a license from any third party or pay royalties to any third party.
  5. Engage in activities that wrongly circumvent the platform;
  6. Carry out impersonation or gain access to another person’s account without being authorized to do so;
  7. Interrupt or hinder other instructors from providing their services or courses; or
  8. Abuse Fanalyst Academy resources, including support services.
  1. Fanalyst Academy’s License to Your Content

You agree to grant Fanalyst Academy the rights to offer, modify, market as well as exploit your Posted Content, and to sublicense it to students or through third parties.

We reserve the right to remove all or any portion of your Posted Content from the platform at any point in time unless otherwise agreed. Fanalyst Academy’s right to sublicense the rights to a Posted Content, after removal, to new users will terminate 60 days after the Posted Content’s removal. However;

  1. Rights are given to students to access Posted Content before its removal will be maintained in accordance with the terms of those licenses (including any grants of lifetime access) and
  2. Fanalyst Academy’s right to use such Posted Content for marketing purposes shall survive termination.

For the purposes of marketing, promotion, demonstration, operating the Services, and quality control, we may record all or any part of your Posted Content. Fanalyst Academy reserves the right to use your name, likeness, voice, and image in relation to marketing, promotion, demonstration, operations, and selling your Posted Content, Fanalyst Academy’s content, or the Services. In accordance with the extent permissible by any or all applicable law, you waive any rights of privacy, publicity, or other rights of similar nature. However, note that you shall be appropriately credited as the source of content.

 

  1. Trust and Safety

3.1 Fanalyst Academy’s Trust & Safety Policy

You agree to adhere to Fanalyst Academy’s Trust & Safety Policy and other quality standards or policies lay down by us at any point in time. You understand that it is at our sole discretion to grant you access to the Services.

Without any prior notice, we reserve the right to remove courses, suspend payouts, and/ or ban instructors for any reason and at any point in time. This may happen in such cases:

  1. Non-compliance of an instructor or course with our policies or legal terms;
  2. A Posted Content or course does meet our standard or negatively impact the student learning experience;
  3. Bringing Fanalyst Academy into public disrepute, contempt, or ridicule by engaging in any behaviour that could cause such;
  4. Engaging the services of a marketer or other business partner who violates our policies; or as determined by Fanalyst Academy in its sole discretion.

3.2 Instructor-Student Relationship

You agree not to have any direct contractual relationship with students and the only information about students available to you is what is made available through the Services. You agree that you will not use the information provided to you for any other purpose apart from providing your Services as an instructor, and you won’t solicit additional personal information from students or store students’ personal information on a platform outside of Fanalyst Academy. You agree that if any claims arising from your use of students’ personal data, you will indemnify Fanalyst Academy.

3.3 Policy on Anti-piracy

To help protect your courses from unauthorized use, Fanalyst Academy assumes the role of enforcing copyrights for any and all of your courses through notice and takedown processes as permitted by applicable copyright laws.

Unless you revoke them, Fanalyst Academy and our anti-piracy vendors will retain the above rights. To revoke such rights, contact our Support Team. Revocation of rights will be effective 48 hours after we receive your request.

  1. Pricing of Course

4.1 Pricing Matrix

You will be asked to select a base price (“Base Price“) for your course from a list of available price tiers when creating a course. As a premium instructor, you will be allowed to take part in certain promotional programs as stipulated in our Pricing and Promotions Terms (“Pricing and Promotions Terms“).

We will list your course for the Base Price or the closest local or mobile app equivalent if you choose not to participate in any promotional program.

Using a system-wide foreign currency conversion rate set by Fanalyst Academy, which is fixed periodically into a table of corresponding price levels by currency (“Price Level Matrix“), we will convert the relevant Base Price when a student makes a purchase using a foreign currency. Conversion rates may not tally with the applicable market rate in effect when a transaction is processed due to the fixed Price Level Matrix.

When a student makes a purchase via a mobile app, the app provider’s pricing matrix will control, and the price level closest to the applicable Base Price or promotional program price will be chosen. This is because conversions for mobile app prices may not tally with conversions in the Price Level Matrix.

You agree to give us permission to share your courses with our employees, selected partners, and in situations where we need to restore account access to those who have previously purchased your courses. Note that there will be no monetary charge or compensation for granting us permission to share your courses.

4.2 Taxes

In the event where a student purchases a product or service in a country that may require us to remit national, state, or local sales taxes, value-added taxes (VAT), or other similar transaction taxes (“Taxes“) as stipulated by applicable law, Fanalyst Academy will collect and remit those Transaction Taxes to the right tax authorities. At our discretion, we may increase the sale price where we determine that such taxes may be due. Applicable Transaction Taxes for purchases via mobile apps are collected by the mobile platform such as Apple’s App Store or Google Play Store.

4.3 Promotional Programs

We offer promotional programs (detailed in our Promotions Policy) in which you can choose to partake in and increase your revenue generation on Fanalyst Academy by discovering the ideal price point for your courses and using additional marketing measures to promote them.

Note that there is no up-front cost to partake in these programs and at any time you deem fit; you can change your participation status. However, changes made are not applicable to currently active campaigns.

  1. Payment

5.1 Revenue-sharing

When a student registers to offer your course through your coupon code or referral link or promotional link as an instructor, the amount received by Fanalyst Academy will be 5% to cover administrative and transaction fees and you get the remaining 95%.

For a student registering organically via Fanalyst Academy’s online platform or promotional links, Fanalyst Academy keeps 50% (including administrative and transaction fees) of the revenue generated and the instructor whose course is being offered gets 50%.

Administrative and transaction fees may include the following deductions:

  1. Transaction Taxes
  2. Any mobile platform fees for mobile provider checkout sales
  3. Administrative and handling fee
  4. Any non-mobile provider checkout sales
  5. Any amount paid to third parties in connection with the Promotional Programs.

Fanalyst Academy pays instructors in the currency applicable to their location or place of residence. Instructors based in Nigeria will receive their payments wired to their local bank accounts while foreign Instructors will get their payment via “Paypal”. We are liable only for transaction processing fees; any other fees such as foreign currency conversion fees and wiring fees are not liable to us. Your revenue report will comprise the sales price and converted revenue amount in your local currency.

5.2 Receiving Payment

To get your payment in a timely manner, we require that you own a “Paypal” account in compliance with applicable rules and must update us of the current email associated with your account. You must provide us with any identifying information or tax documentation required for payment of the amount due. You agree that we reserve the right to make appropriate tax cuts from your payment as well as withhold payments or impose other penalties when you fail to give us proper identifying information or tax documentation. You agree that you solely bear liability for any taxes on your income.

Based on the applicable revenue-sharing model, you will get paid monthly in accordance with the fee for a course received or the relevant course consumed.

We reserve the right to withhold payment if you are found wanting with respect to identified fraud or violations of applicable laws and other laws.

In the event whereby we cannot settle funds into your payment account after the period of time set forth by the government authority in your state and/or country in its unclaimed property laws, we may, as the law obliges, process the funds due to you which includes submitting those funds to the appropriate government authority as the law stipulates.

5.3 Refund Policy

You agree that students reserve the right to receive a refund, as expounded in the Terms of Service. You agree that if a student asks for a refund which was subsequently granted:

  1. The relevant instructor will not receive any revenue from transactions for which the refund was made;
  2. We will deduct the amount of the refund from the next payment sent to the instructor or in a case where no further payments are due to the instructor or the payments are not enough to cover the refunded amounts, the instructor will be required to refund any amounts refunded to students for the instructor’s courses.
  3. Trademark Policy

As an instructor with Fanalyst Academy and subject to requirements clearly stated below, you may use our trademarks where you are authorized to do so.

You must:

  • Only use the images of our trademarks that we make available to you;
  • Only use our trademarks in connection with the promotion and sale of your Fanalyst Academy courses or your participation on Fanalyst Academy; and
  • Immediately comply if we request that you discontinue use.

You must not:

  • You must not use our trademarks in a misleading or deprecatory way;
  • You must not use our trademarks in a way that gives the impression that we endorse, sponsor, or approve of your courses or services; or
  • You must not use our trademarks in a way that violates applicable law
  • You must not use our trademarks in association with an obscene, indecent, or unlawful topic or material.
  1. Sanctions and Export Policy

You warrant that you are not located in a country subject to restrictions arising from sanctions or embargoes that violates the Terms and/or local and national laws applicable to us. If you become subject to such restriction while using our platform, you will give notification within 24 hours, and we will reserve the right to terminate your account and further obligations to you, which will take effect immediately without further liability to you.

You agree that you will not use the Services to transact or facilitate any transaction with an individual or entity subject to such restriction. You agree not to export or facilitate the export of the Services (or any product thereof, including technical data) outside Nigeria in violation of its Sanction and export laws or of any other applicable country.

  1. Account Deletion

In the event of account deletion, we will make all commercially reasonable efforts to ensure you get any remaining scheduled payment owed to you before finally deleting your account.  You understand and agree that students previously enrolled in your courses will retain access to your name and your Posted Content after your account is deleted.

Contact our Support Team if you need help or encounter difficulty deleting your account.

  1. Miscellaneous Legal Terms

9.1 Modification of Terms

Fanalyst Academy reserves the right to modify and/or make changes to these terms at its sole discretion. Updates may be made to these Terms to further clarify our practices or to adopt new practices. We will clearly notify you of updates or changes and updates or changes will take effect on the day they are posted except if stated differently.

After updates or changes have been made, your continued use of our platform shall indicate that you agree with those updates or changes.

9.2 Translation policy

Any version of this Agreement in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

If a translated version of this Agreement is provided, it is purely for convenience and the English version provided is controlling if a conflict arises.

9.3 Relationship of the Parties

There is no joint venture, partnership, employment, contractor, or agency relationship existing between you and Fanalyst Academy.

Note that this is not applicable to our Affiliates.

9.4 Survival of the Agreement

The expiration or termination of these Terms shall survive the following sections: Sections 2 (Fanalyst Academy’s License to Your Content), 3.3 (Instructor-Student Relationship), 5.2 (Receiving Payment), 5.3 (Refund Policy), 8 (Account Deletion), and 9 (Miscellaneous Legal Terms).

  1. How to Contact Us

Fanalyst Academy would love to hear your inquiries and feedback about our Services. Kindly reach us by contacting our Support Team.

 

Signing up to become an instructor with Fanalyst Academy implies that you are contracting directly with Fanalyst Academy regardless of whether you are on the payroll of its subsidiary company. 

  1. Instructor Responsibilities

As an instructor, you bear responsibility for any and all content you post or submit on the online platform (“Posted Content“). You warrant that: 

  • Your account contains valid information about you; 
  • You have the required licenses, permissions, and rights to authorize Fanalyst Academy to use your Posted Content as stipulated in these Terms and the Terms of Service; 
  • Your Posted Content doesn’t violate intellectual property rights; 
  • You possess the required credentials, and expertise to offer the services of an instructor through your Posted Content and use of the Services; and 
  • You will provide a qualitative service that is in accordance with the accepted standards of your industry and instruction services in general. 

You warrant that you will not: 

  • Post, submit, or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, misleading, infringing, defamatory, or libelous content or information; 
  • Post or share any unsolicited or unauthorized promotional materials, spam, or any other form of solicitation through the platform or to any user; 
  • Use the Services to run any other business other than providing instructional services to students; 
  • Carry out any activity that will require us to obtain a license from any third party or pay royalties to any third party.  
  • Engage in activities that wrongly circumvent the platform; 
  • Carry out impersonation or gain access to another person’s account without being authorised to do so; 
  • Interrupt or hinder other instructors from providing their services or courses; or 
  • Abuse Fanalyst Academy resources, including support services. 
  • FanalystAcademy’s License to Your Content 

You agree to grant Fanalyst Academy the rights to offer, modify, market as well as exploit your Posted Content, and to sublicense it to students or through third parties.  

We reserve the right to remove all or any portion of your Posted Content from the platform at any point in time unless otherwise agreed. Fanalyst Academy’s right to sublicense the rights to a Posted Content, after removal, to new users will terminate 60 days after the Posted Content‘s removal. However; 

  1. Rights are given to students to access Posted Content before its removal will be maintained in accordance with the terms of those licenses (including any grants of lifetime access) and 
  1. Fanalyst Academy‘s right to use such Posted Content for marketing purposes shall survive termination. 

For the purposes of marketing, promotion, demonstration, operating the Services, and quality control, we may record all or any part of your Posted ContentFanalyst Academy reserves the right to use your name, likeness, voice, and image in relation to marketing, promotion, demonstration, operations, and selling your Posted ContentFanalyst Academy‘s content, or the Services. In accordance with the extent permissible by any or all applicable law, you waive any rights of privacy, publicity, or other rights of similar nature. However, note that you shall be appropriately credited as the source of content. 

 

  1. Trust andSafety

3.1 Fanalyst Academy’s Trust & Safety Policy 

You agree to adhere to Fanalyst Academy’s Trust & Safety Policy and other quality standards or policies lay down by us at any point in time. You understand that it is at our sole discretion to grant you access to the Services.  

Without any prior notice, we reserve the right to remove courses, suspend payouts, and/ or ban instructors for any reason and at any point in time. This may happen in such cases: 

  1. Non-compliance of an instructor or course with our policies or legal terms; 
  1. A Posted Content or course does meet our standard or negatively impact the student learning experience; 
  1. Bringing Fanalyst Academy into public disrepute, contempt, or ridicule by engaging in any behavior that could cause such; 
  1. Engaging the services of a marketer or other business partner who violates our policies; or as determined by Fanalyst Academy in its sole discretion. 

3.2 Instructor-Student Relationship 

You agree not to have any direct contractual relationship with students and the only information about students available to you is what is made available through the Services. You agree that you will not use the information provided to you for any other purpose apart from providing your Services as an instructor, and you won’t solicit additional personal information from students or store students’ personal information on a platform outside of Fanalyst Academy. You agree that if any claims arise from your use of students’ personal data, you will indemnify Fanalyst Academy 

3.3 Policy on Anti-piracy 

To help protect your courses from unauthorised use, Fanalyst Academy assumes the role of enforcing copyrights for any and all of your courses through notice and takedown processes as permitted by applicable copyright laws. 

Unless you revoke them, Fanalyst Academy and our anti-piracy vendors will retain the above rights. To revoke such rights, contact our Support Team. Revocation of rights will be effective 48 hours after we receive your request 

  1. Pricingof Course

4.1 Pricing Matrix 

You will be asked to select a base price (“Base Price“) for your course from a list of available price tier when creating a course. As a premium instructor, you will be allowed to take part in certain promotional programs as stipulated in our Pricing and Promotions Terms (“Pricing and Promotions Terms“).  

We will list your course for the Base Price or the closest local or mobile app equivalent if you choose not to participate in any promotional program 

Using a system-wide foreign currency conversion rate set by Fanalyst Academy, which is fixed periodically into a table of corresponding price levels by currency (“Price Level Matrix“), we will convert the relevant Base Price when a student makes a purchase using a foreign currency. Conversion rates may not tally with the applicable market rate in effect when a transaction is processed due to the fixed Price Level Matrix.  

When a student makes a purchase via a mobile app, the app provider’s pricing matrix will control, and the price level closest to the applicable Base Price or promotional program price will be chosen. This is because conversions for mobile app prices may not tally with conversions in the Price Level Matrix.  

You agree to give us permission to share your courses with our employees, selected partners, and in situations where we need to restore account access to those who have previously purchased your courses. Note that there will be no monetary charge or compensation for granting us permission to share your courses.  

4.2 Taxes 

In the event where a student purchases a product or service in a country that may require us to remit national, state, or local sales taxes, value-added taxes (VAT), or other similar transaction taxes (“Taxes“) as stipulated by applicable law, Fanalyst Academy will collect and remit those Transaction Taxes to the right tax authorities. At our discretion, we may increase the sale price where we determine that such taxes may be due. Applicable Transaction Taxes for purchases via mobile apps are collected by the mobile platform such as Apple’s App Store or Google Play Store.  

4.3 Promotional Programs 

We offer promotional programs (detailed in our Promotions Policy) in which you can choose to partake in and increase your revenue generation on Fanalyst Academy by discovering the ideal price point for your courses and using additional marketing measures to promote them. 

Note that there is no up-front cost to partake in these programs and at any time you deem fit; you can change your participation status. However, changes made are not applicable to currently active campaigns.  

  1. Payment

5.1 Revenue-sharing 

When a student purchases your course, the amount actually received by Fanalyst Academy from the student is the gross amount (“Gross Amount“). From the gross amount we make the following deductions:  

  1. Transaction Taxes 
  1. Any mobile platform fees for mobile provider checkout sales 
  1. Administrative and handling fee 
  1. Any non-mobile provider checkout sales 
  1. Any amount paid to third parties in connection with the Promotional Programs.  

From these deductions, the net amount of the sale (“Net Amount“) is realised 

Note that if you have not opted in to any of Fanalyst Academy‘s optional promotional programs, your share of realised revenue will be 50% of the Net Amount after any applicable deductions. In the event of changing the payment rate, a 30-day notice will be provided using prominent means such as emailing or posting a notice through our Services.  

If you have opted into any of our Promotional Programs, the relevant revenue-sharing may vary as specified in the Promotions Terms 

Fanalyst Academy pays instructors in the currency applicable to their location or place of residence according to the currency with which the sale was made. Instructors based in Nigeria will receive their payments wired to their local bank accounts while foreign Instructors will get their payment via “Paypal”. We are liable only for transaction processing fees; any other fees such as foreign currency conversion fees and wiring fees are not liable to us. Your revenue report will comprise the sales price and converted revenue amount in your local currency. 

5.2 Receiving Payment 

To get your payment in a timely manner, we require that you own a “Stripe” account in compliance with applicable rules and must update us of the current email associated with your account. You must provide us with any identifying information or tax documentation required for payment of the amount due. You agree that we reserve the right to make appropriate tax cuts from your payment as well as withhold payments or impose other penalties when you fail to give us proper identifying information or tax documentation. You agree that you solely bear liability for any taxes on your income.  

Based on the applicable revenue-sharing model, you will get paid monthly in accordance with the fee for a course received or the relevant course consumed. 

We reserve the right to withhold payment if you are found wanting with respect to identified fraud or violations of applicable laws and other laws.  

In the event whereby we cannot settle funds into your payment account after the period of time set forth by the government authority in your state and/or country in its unclaimed property laws, we may, as the law obliges, process the funds due to you which includes submitting those funds to the appropriate government authority as the law stipulates.  

5.3 Refund Policy 

You agree that students reserve the right to receive a refund, as expounded in the Terms of Service. You agree that if a student asks for a refund which was subsequently granted:  

  1. The relevant instructor will not receive any revenue from transactions for which the refund was made; 
  1. We will deduct the amount of the refund from the next payment sent to the instructor or in a case where no further payments are due to the instructor or the payments are not enough to cover the refunded amounts, the instructor will be required to refund any amounts refunded to students for the instructor’s courses. 
  1. Trademark Policy

As an instructor with Fanalyst Academy and subject to requirements clearly stated below, you may use our trademarks where you are authorised to do so.  

You must: 

  • Only use the images of our trademarks that we make available to you; 
  • Only use our trademarks in connection with the promotion and sale of your Fanalyst Academy courses or your participation on Fanalyst Academy; and 
  • Immediately comply if we request that you discontinue use. 

You must not: 

  • You must not use our trademarks in a misleading or deprecatory way; 
  • You must not use our trademarks in a way that gives the impression that we endorse, sponsor, or approve of your courses or services; or 
  • You must not use our trademarks in a way that violates applicable law 
  • You must not use our trademarks in association with an obscene, indecent, or unlawful topic or material. 
  1. Sanctions and ExportPolicy

You warrant that you are not located in a country subject to restrictions arising from sanctions or embargoes that violates the Terms and/or local and national laws applicable to us. If you become subject to such restriction while using our platform, you will give a notification within 24 hours, and we will reserve the right to terminate your account and further obligations to you, which will take effect immediately without further liability to you. 

You agree that you will not use the Services to transact or facilitate any transaction with an individual or entity subject to such restriction. You agree not to export or facilitate the export of the Services (or any product thereof, including technical data) outside Nigeria in violation of its Sanction and export laws or of any other applicable country. 

  1. Account Deletion

In the event of account deletion, we will make all commercially reasonable efforts to ensure you get any remaining scheduled payment owed to you before finally deleting your account.  You understand and agree that students previously enrolled in your courses will retain access to your name and your Posted Content after your account is deleted. 

Contact our Support Team if you need help or encounter difficulty deleting your account. 

  1. Miscellaneous Legal Terms

9.1 Modification of Terms 

Fanalyst Academy reserves the right to modify and/or make changes to these terms at its sole discretion. Updates may be made to these Terms to further clarify our practices or to adopt new practices. We will clearly notify you of updates or changes and updates or changes will take effect on the day they are posted except if stated differently. 

After updates or changes have been made, your continued use of our platform shall indicate that you agree with those updates or changes. 

9.2 Translation policy 

Any version of this Agreement in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict. 

If a translated version of this Agreement is provided, it is purely for convenience and the English version provided is controlling if a conflict arises.  

9.3 Relationship of the Parties 

There is no joint venture, partnership, employment, contractor, or agency relationship existing between you and Fanalyst Academy. 

Note that this is not applicable to our Affiliates. 

9.4 Survival of the Agreement 

The expiration or termination of these Terms shall survive the following sections: Sections 2 (Fanalyst Academy’s License to Your Content), 3.3 (Instructor-Student Relationship), 5.2 (Receiving Payment), 5.3 (Refund Policy), 8 (Account Deletion), and 9 (Miscellaneous Legal Terms). 

  1. How to Contact Us

Fanalyst Academy would love to hear your inquiries and feedback about our Services. Kindly reach us by contacting our Support Team at support@fanalystacademy.com