Instructor Terms

Hello! We’re so glad you’re here.

As an Instructor on the The Della Academy (“TDA”) platform, you agree to abide by these Instructor Terms (“Terms“). These Terms cover details about the aspects of the TDA platform relevant to instructors and also govern your use of our Services.

As an Instructor, you are liaising directly with Vibus Maximus Pte. Ltd. (a Singaporean corporation in the Republic of Singapore), regardless of whether another TDA subsidiary facilitates payments to you.

  1. Instructor Obligations

As an instructor, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements (“Submitted Content“).

You represent and warrant that:

  • you will provide and maintain accurate account information;
  • you own or have the necessary licenses, rights, consents, permissions, and authority to authorize TDA to use your Submitted Content as specified in these Terms;
  • your Submitted Content will not infringe or misappropriate any third party’s intellectual property rights;
  • you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
  • you will ensure a quality of service that corresponds with the standards of your industry and instruction services in general.

You warrant that you will not:

  • post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
  • post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
  • use the Services for business other than providing tutoring, teaching, and instructional services to students;
  • engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
  • frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
  • impersonate another person or gain unauthorized access to another person’s account;
  • interfere with or otherwise prevent other instructors from providing their services or courses; or
  • abuse TDA resources, including support services.
  1. License to The Della Academy

You grant TDA the rights to offer, market, and otherwise exploit your Submitted Content, and to sublicense it to students for these purposes directly or through third parties. This includes the right to add captions or otherwise modify content to ensure accessibility.

Unless otherwise agreed (including within our Promotions Policy), you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, TDA’’s right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content’s removal. However, (1) rights given to students before the Submitted Content’s removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) TDA’s right to use such Submitted Content for marketing purposes shall survive termination.

We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant TDA permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or TDA’s content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

  1. Good Site and Course Behaviour

3.1 Good Behaviour

You agree to abide by TDA’s course quality standards or policies prescribed by TDA from time to time. Please note that whilst any person may sign up as an Instructor and upload a course, all courses are subject to approval before being published on the TDA platform. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to TDA’s approval, which we may grant or deny at our sole discretion.

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

  • an instructor or course does not comply with our policies or legal terms;
  • a course falls below our quality standards or has a negative impact on the student experience;
  • an instructor engages in behaviour that might reflect unfavourably on TDA or bring TDA into public disrepute, contempt, scandal, or ridicule;
  • an instructor engages the services of a marketer or other business partner who violates TDA’s policies; or
  • as determined by TDA in its sole discretion.

3.2 Co-Instructors and Teaching Assistants

The TDA platform allows you to add other users as co-instructors or teaching assistants for courses that you manage. By adding a co-instructor or teaching assistant, you understand that you are authorising them to take certain actions that affect your TDA account and courses. TDA is not able to advise on any questions or mediate any disputes between you and such users. If your co-instructors have an assigned revenue share, we can arrange for co-instructor payment based on the ratios you have specified to us via email, before the course in question is published.

3.3 Relationship to Other Users

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

  1. Pricing

4.1 Price Setting

When creating a course, you are free to set a course price (“Course Price“) for your course. Please note that the site’s currency is in United States Dollar (“USD”), do adjust your course price accordingly if converting from another currency. Alternatively, you may choose to offer your course for free. From time to time, you will be given the opportunity to participate in certain promotional programs under the terms of our Promotions Policy (“Promotional Programs“).

If you do not opt to participate in any Promotional Programs, your indicated Course Price will remain.

When a student purchases using a foreign currency, we will convert the relevant Base Price or Promotional Program price into the student’s applicable currency using a system-wide foreign currency conversion rate set by TDA and fixed periodically into a table of corresponding price tiers by currency (“Price Tier Matrix“), set at rates from our payment gateway providers. Since the Price Tier Matrix is fixed, those conversion rates may not be identical to the applicable market rate in effect when a transaction is processed. We reserve the right to update the Price Tier Matrix at any time.

You give us permission to share your courses for free with our employees, with selected partners, and in cases where we need to restore access accounts who have previously purchased your courses. You understand that you will not receive compensation in these cases.

4.3 Promotional Programs (coming soon)

TDA offers several optional marketing programs (Promotional Programs) in which you can choose to participate, as detailed in our Promotions Policy.

There is no up-front cost to participate in these programs, and you can modify your participation status at any time via email, though changes you make will not apply to currently active campaigns.

  1. Payments

5.1 Revenue Share

When a student purchases your course, we calculate the gross amount of the sale as the amount actually received by TDA from the student (“Gross Amount“). From this, we subtract any mobile platform fees applied to mobile provider checkout sales, a handling fee from payment provider Stripe, and any amounts paid to third parties in connection with the Promotional Programs to calculate the net amount of the sale (“Net Amount“).

If you have not opted into any of TDA’s optional Promotional Programs, your revenue share will be 50% of the Net Amount less any applicable deductions. If we change this payment rate, we will provide you 30 days notice using the contact information you have provided us with, such as via email or by posting a notice through our Services.

If you opt into any of the Promotional Programs, the relevant revenue share may be different and will be as specified in the Promotions Policy (coming soon).

TDA makes all instructor payments in USD regardless of the currency with which the sale was made. We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees.

5.2 Receiving Payments

For us to pay you in a timely manner, you must own a PayPal account in good standing and must keep us informed of the correct email associated with your account. You must also provide any identifying information. You understand and agree that you are ultimately responsible for any taxes on your income or from the payments you receive from the sale of your courses and services. You also agree to release TDA from any tax liability related to your portion of the revenue.

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

As an instructor, you are responsible for determining whether you are eligible to be paid by a Singaporean company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.

If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.

5.3 Refunds

Payments are non-refundable and there are no refunds on any payments. Any disputes can be sent in to support@thedellaacademy.com.

  1. Brand Marks

While you are a published instructor and subject to the requirements below, you may use our brand marks where we authorize you to do so.

You must:

  • only use the images of our brand that we make available to you, as detailed in any guidelines we may publish
  • only use our brand marks in connection with the promotion and sale of your TDA courses or your participation on TDA; and
  • immediately comply if we request that you discontinue use.

You must not:

  • use our brand marks in a misleading or disparaging way;
  • use our brand marks in a way that implies that we endorse, sponsor, or approve of your courses or services; or
  • use our brand marks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
  1. Sanctions and Export Laws

You warrant that you aren’t restricted from using the Services under Singapore sanctions or export laws (as an individual or as an officer, director, or controlling shareholder of any entity on whose behalf you use the Services). If you become subject to such a restriction while you are subject to these Instructor Terms, you will notify TDA within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to TDA). You will not use the Services to conduct or facilitate any transaction with any other individual or entity subject to such a restriction. You may not remove, export, or allow the export or re-export of the Services (or any product thereof, including technical data) outside Singapore in violation of any restrictions, laws, or regulations of Singapore or any other applicable country.

  1. Deleting Your Account

You may delete your account at any time. We’ll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if students have previously enrolled in your courses, your name and that Submitted Content will remain accessible to those students after your account is deleted. If you need help or encounter difficulty deleting your account, you can contact us at support@thedellaacademy.com.

  1. Miscellaneous Legal Terms

9.1 Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and TDA reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

9.2 Translations

Any version of these Terms 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.

9.3 Relationship Between Us

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

9.4 Survival

The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to TDA), 3.3 (Relationship to Other Users), 5.2 (Receiving Payments), 5.3 (Refunds), 8 (Deleting Your Account), and 9 (Miscellaneous Legal Terms).

9.5 Indemnification

You agree to defend, indemnify, and hold us and other TDA and/or Vibus Maximus Pte. Ltd. parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms and Conditions or any of the other Policy Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9.6  Communication

Most communication between you and we will be sent and received electronically. You agree that all electronic communication between you and we shall satisfy any legal requirements that such communications be in writing.

 

  1. Support

The best way to get in touch with us is to contact support@thedellaacademy.com. We’d love to hear your questions, concerns, and feedback about our Services.

 

Promotions Policy (coming soon)

This Promotions Policy includes information about methods that TDA instructors can use to promote their content, including instructor coupons, course referral links, and TDA’s optional marketing programs. This Policy is incorporated by reference into our Instructor Terms.

 

  1. Instructor Coupons

As an instructor, you may be able to increase your sales by promoting your course through a course referral link or coupon code. We will generate a coupon code for you for a discount, as permitted within the Services. Note that the actual discount may be slightly higher due to rounding and currency conversion. When a student applies your discount coupon to a foreign currency transaction, we will apply a proportional discount in the student’s applicable currency.

Where a student applies your coupon code or course referral link at checkout, your revenue share will be 70% of the Net Amount less any applicable deductions, such as student refunds.

Alternatively, we are be able to generate 100%-off coupons for you to offer your paid course for free. These coupons may be subject to limits, and you may not sell free coupons on third-party websites or otherwise offer them in exchange for compensation.

  1. Promotional Programmes

2.1 How the Promotional and Marketing Programmes Work

TDA will do promotions and marketing programmes (“Promotional and Marketing Programmes”) from time to time. You can opt into which you can opt into the Promotional and Marketing Programmes through a written agreement (including by email) between you and TDA. The specific programs offered may change from time to time. You understand and agree to let the price of your course change for these Promotional and Marketing Programmes at our discretion. You may opt out of the Promotional and Marketing Programmes at any time. TDA does not guarantee any minimum level of success in connection with the Promotional and Marketing Programmes.