Welcome to simplingo.com, the website and online service of Simplingo Academy. Explained here, are the terms by which you may use our service. This is an agreement between SIMPLINGO ACADEMY and THE TEACHER for the provision of using the teaching services as an Independent Contractor
By clicking on the “AGREE” button, you agree to be bound to the Terms and Conditions below.
Any dispute or claim relating in any way to your use of any Simplingo Service, or to any products or services sold or distributed by Simplingo or through simplingo.com will be resolved by binding arbitration, rather than in court.
Both parties (Simplingo Academy and the Teacher) agree to the following:
1 – The Two Parties and their Relationship
Simplingo Academy is a school offering an online platform for language courses. The Teacher works on a freelance basis teaching language lessons. The Teacher may only use our service if he/she is in compliance with these Terms and Conditions. Both parties acknowledge the fact that the Teacher’s position is one as an Independent Contractor and not an Employee. The Teacher hereby acknowledges that he/she shall have legal status to work in his/her country of residence and that it is his/her responsibility to ensure the appropriate tax arrangements. The Teacher shall be responsible for and shall hold Simplingo Academy harmless for any and all claims for all applicable federal, state, and local taxes, fees, or costs and any payments or withholdings related to unemployment compensation, or other amounts arising in connection with the amount paid to the Teacher, including but not limited to withholding income tax, and workman’s compensation.
2 – Creating and Using an Account:
When creating an account, the Teacher must provide accurate information. The Teacher is solely responsible for the activity that occurs on his/her account and therefore must keep their password secure. We at Simplingo Academy recommend that to create a strong password, the Teacher uses a combination of upper and lower-case letters, numbers and symbols. Simplingo Academy cares about the integrity and security of the Teacher’s personal information, however, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures. The Teacher must acknowledge that he/she is providing their personal information at their own risk. The Teacher must notify Simplingo Academy immediately if there has been any breach of security or unauthorized use of their account. Simplingo Academy will not be liable for any losses caused by unauthorized use of the Teacher’s account. By providing Simplingo Academy with an e-mail address, the Teacher allows consent to send service-related notices including changes to features of the service and special offers.
If the Teacher opens a Simplingo Academy account on behalf of a company, organization, or other entity, then this third-party service is bound to this agreement through the Teacher. The Teacher is deemed the authorized representative and has therefore agreed to this agreement on the entity’s behalf. By doing so, the Teacher gives Simplingo Academy permission to access and use information from that service.
Simplingo Academy reserves the right to modify, change or discontinue all or any of our service with or without notice, and without liability to the Teacher or any third party. In addition to this, Simplingo Academy also reserves the right, in our sole discretion, to reject, refuse to post or remove any of the Teacher’s content and to restrict, suspend or terminate his/her access at any time, for any reason or no reason, and without liability.
3 – User Content
The Teacher will have the opportunity to post information and content on the platform. Any content a Teacher makes available on the platform means Simplingo Academy is granted a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sublicensing, worldwide license and right to display, use, reproduce, modify or distribute.
The Teacher is solely responsible for any content and other material they submit. He/She will not use Simplingo Academy to transmit any content that contains unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, or racially, ethnically or otherwise objectionable. There will be no stalking or harassing other users. The Teacher is forbidden to put up any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software. Furthermore, there will be no unauthorized advertising, junk mail, spam, chain letters, pyramid schemes or any forms of solicitation.
By providing content, the Teacher makes sure that it does not infringe upon or violate the rights of any third party, including without limitation any intellectual property rights, rights of publicity or rights of privacy. The Teacher is solely responsible for their content and the consequence of posting or publishing it and that Simplingo Academy shall not be liable for any damages that might occur as a result of the Teacher’s Content.
THIS PLATFORM IS FOR YOUR PERSONAL USE ONLY. COMMERCIAL USE OF THE SITE OR OF ANY SITE CONTENT IS PROHIBITED.
4 – Third-Party Links
Through the nature of the Internet, at times there might be links to third-party websites that are not owned or controlled by Simplingo Academy. Simplingo Academy does not endorse or assume any responsibility for any such third-party sites. If the Teacher accesses a third-party website then he/she does so at their own risk. The Teacher expressly relieves Simplingo Academy from any and all liability arising from the use of any third-party website or service.
5 – Copyrights and Trademarks
Copyrights: All content, applications, digital downloads, data compilations on the Platform and all text, photographs, graphics, video and audio included in them ("Platform Materials") are the property of or licensed to Simplingo Academy. The Platform contains material that is protected by copyright, trademark, or other intellectual property rights, and the Platform itself is protected as a collective work under the copyright laws of the United States and other countries. Except for User Content (defined under User Content section below) that you own, you may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Platform Materials.
Trademarks: The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Simplingo Academy and of Simplingo Academy’s licensors. You may not use the Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us. You may not frame the content of the Site without express written consent by Simplingo Academy. You may not use metatags or any other "hidden text" that incorporates the Simplingo Academy Trademarks or our name without our express written consent.
6 – Payment for the Teacher
All payment information that the Teacher provides in connection to monetary transactions with Simplingo Academy must be accurate, complete and current. By agreeing to these Terms and Conditions, the Teacher agrees to pay all charges incurred by their credit card, debit card or other payment method that has been set up. Furthermore, under certain circumstances, if the Teacher has breached this Agreement, Simplingo Academy hereby reserve the right to withhold the payment to the Teacher, and any right to sue for damage or to claim restriction arising out of the breach. The Teacher’s account will remain in effect until it’s cancelled or terminated under these Terms and Conditions.
By agreeing to these Terms and Conditions, the Teacher must acknowledge and agree that any credit card and related billing and payment information that is provided may be shared by Simplingo Academy with companies who work on their behalf. This includes third-party processors and/or credit agencies, solely for purposes of credit checking, effecting payment to Simplingo Academy and servicing the Teacher’s account. Simplingo Academy may also provide information in response to valid legal process. Prices for products/services offered via the Services may change at any time, and the services do not provide price protection or refunds in the event of a price reduction or promotional offering.
The Teacher will be paid between the first and the fifth of every month by Simplingo Academy unless that day is a Sunday or a National Holiday. The sum of money will depend on the amount of lessons he/she has taught that month on the platform.
7 – Length of Agreement
By agreeing to these Terms and Conditions, the Agreement becomes effective. This agreement shall be for an unspecified term on an “at will” basis. Simplingo Academy encourages our Teachers to work a minimum of 6 months. Anything less than 6 months will result in the last month not being paid. This Agreement may be terminated by either party upon two weeks’ written notice prior to the termination. If a Teacher gives less than 2 weeks’ notice, then their last payment may be withheld. Simplingo Academy reserves the right in its sole discretion to cease or suspend providing all or any part of the Services immediately without any notice to the Teacher.
8 – Termination of Account
Simplingo Academy reserves the right to cancel and terminate accounts or refuse service at any time due to: (a) abuse of the Service or any other breach or violation of the Terms and Conditions; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification to the Simplingo Academy (or any part thereof); (d) unexpected technical issues; (e) any other reasons at the discretion of the Simplingo Academy. Upon termination, your public profile will be removed and information such as avatars, uploaded documents and your history will no longer be available and will be unrecoverable upon cancellation. If there is anything you wish to save, it must be done prior to the discontinuation. Account termination is permanent. You will not be able to reverse this procedure once Simplingo Academy has processed the request. Account termination will not result in refunds for subscription that have been invoiced or other purchases made on the account.
9 – The Professional Code of Conduct for all Teachers
10 – Communicating with the Student
All contact with the Student(s) will be conducted through the platform. All material can be uploaded, scheduled lessons are e-mailed to both the Teacher and the Students and rescheduled / cancelled classes lessons also see all individuals notified. Therefore, there is no reason to give out private/personal e-mail addresses or telephone numbers or teach the classes through other means. If a Teacher is found to violate this rule without prior consent from Simplingo Academy, the Agreement will be terminated immediately.
11 – Non-Solicitation
During the term of this Agreement and for 1 year after any termination, the Teacher will not, without the prior written consent of Simplingo Academy directly or indirectly solicit any Student from Simplingo Academy on the Teacher’s own behalf or on behalf of others. This means any Student that has registered for Simplingo Academy and has met our Teachers for any demos/lessons. This also stretches to the solicitation or attempted solicitation, to divert or hire away any person working for Simplingo Academy. Doing so would cause financial hardship and said Teacher would indemnify Simplingo Academy for loss.
12 – Disclaimer of Warranties
The Teacher’s use of Simplingo Academy’s service and content is at the Teacher’s sole risk. Any material that the Teacher accesses or obtains through Simplingo Academy’s software is done so at his/her own discretion and risk and will therefore be solely responsible for any damage to the Teacher’s computer or loss of data that results from the download of any material. Simplingo Academy and our suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
13 – Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Simplingo Academy, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Simplingo Academy has been advised of the possibility of these damages), resulting from the Teacher’s use of Simplingo Academy’s software and content. Under no circumstances will Simplingo Academy be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of Simplingo Academy’s platform or the Teacher’s account or the information contained therein.
To the mamimum extent permitted by applicable law, Simplingo Academy assumes no liability or responsibility for any errors, mistakes or inaccuracies of content. Furthermore, this is also the case for any personal injury or property damage resulting from the Teacher’s access to Simplingo Academy’s software.
Simplingo Academy’s platform is administered from its offices in the United States. Materials published at the platform may refer to classes, products, programs, or services that are not available in any country outside of the United States. Given the global nature of the Internet, the Lessons/Services/Products provided by Simplingo Academy may be accessed by the Teacher residing inside or outside of the United States. It makes no representations or warranty that the Simplingo Academy platform and/or materials at the platform are appropriate or available for use in other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. Those who access or use the Simplingo Academy platform from other jurisdictions do so at your own initiative and volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. The Teacher may not use the platform or export information and materials in violation of the export and import laws of the United States or any other country. If the Teacher is located outside of the United States, any information you provide will be transferred to the United States. By accessing our Services and by submitting your information, the Teacher consents to its transfer and storage in the United States and its use as provided. You may not use the platform if you are a resident of a country embargoed by the US, or are a foreign person or entity blocked or denied by the US government.
14 – Indemnity
The Teacher will indemnify and hold Simplingo Academy, their suppliers and licensors, and their respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability arising from (i) the Teacher’s use of the software, including any data or content transmitted or received by the Teacher; (ii) The Teacher’s violation of these Terms; (iii) the Teacher’s violation of any rights of a third party; (iv) the Teacher’s violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of the Teacher’s user content or any that is submitted via the Teacher’s account; or (vi) any other party's access and use of the platform with the Teacher’s unique username, password or other appropriate security code
15 – DMCA
The Digital Millennium Copyright Act of 1988 (“DCMA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe, in good faith, that materials hosted by NYRR infringe upon your copyright, you (or your agent) may request that material be removed, or access to it blocked. Requests, in this respect, should be sent to:
H and C Systems, Inc
10476 E Valley Blvd, Suite 9
El Monte, CA 91731
Telephone: +1 626-279-6832
To be effective, the notification must be a written communication that includes the following:
We will respond to notices of claimed copyright infringement in accordance with the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Under U.S. Infringement Federal Law, if the Teacher or Third Party knowingly misrepresent their online material at simplingo.com, the Teacher or Third Party may face criminal prosecution for perjury and civil penalties, including but not limited to monetary damages, court fees, and attorneys’ fees.
25th September, 2018