Terms of Business

BKG Consultancy LLC (“BKG”), doing business as Beyond Billable Hours, and its affiliates and subsidiaries (collectively “BBH” “we”, “us” or “our”) own and operate the educational learning platform www.beyondbillablehours.com (or any successor site) and its related sub-domains, sites, online applications, services and tools (“Platform”). When an individual signs up to be an instructor on the Platform, they agree to abide by these Terms of Business, together with our Terms of Use and the Privacy Policy ("Terms").

These Terms cover details about the aspects of the Platform relevant to instructors (“you”, “your” or “Instructor”) and are incorporated by reference into our Terms of Use - the general terms that govern your use of the Platform. Any capitalized terms that are not defined in these Terms are defined as specified in the Terms of Use and Privacy Policy.

As an Instructor, you are contracting directly with BKG to provide services to students (“Students”) through the Platform, which includes lectures (live or pre-recorded), handouts, assignments, practice tests (each a “Product”). We will provide you with access to the Platform in accordance with the Terms, along with services in relation to the Platform (together the “Services”). Whilst engaging with the Platform, you may interact with Students and other users, including other instructors (collectively, “Users”).

We may amend these Terms at any time by posting an updated version on the Platform. We urge you to check the Terms regularly for any amendments to it. Your continued use of the Platform will constitute your express consent to these Terms. We will make all reasonable efforts to notify you of all material changes to the Policy.

Nothing in these Terms affects your statutory rights, either as a consumer of services or otherwise.

1.1. The personal information you provide in the course of using the Platform will be used in accordance with our Privacy Policy, the terms of which are hereby incorporated into and form part of these Terms.

2.1. In order to access and interact on the Platform, you will need to submit an application and register as an Instructor. Once we have accepted your application, we will send you a welcome email with your login details to access your account (“Account”) and view your dashboard (“Dashboard”). From the Dashboard you will be able to upload Products, update your Account information, have access to the chat function (“Community”) and your reports which will describe our calculation of the commissions due to you (please refer to clause ‎6).
2.2. To register, you must be at least 21 years of age.
2.3. When you register on the Platform and set up your Account, you:

(a). agree to provide accurate and complete information. Please refer to our Privacy Policy for more details on the personal information we collect and process from you;

(b). agree to promptly update your Account information with any new information that may affect the operation of your Account;

(c). are responsible for maintaining the confidentiality of your password and username, and are fully responsible for all activities that occur under your Account with or without your knowledge; and

(d). warrant that you own or have obtained all licenses, permissions.
2.4. You can access and update your Account (excluding your first name and last name) using the “Edit Profile” area on the Dashboard.
2.5. Please take all necessary steps to ensure that your username and password are kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner.

Instructor’s Platform obligations

3.1. As an Instructor, you are responsible for all the Products that you post on the Platform. In order to upload a Product, you need to fill out a form and comply with the Product Guidelines, in accordance with clause 4 below.
3.2. You represent, warrant and undertake that:

• you either own all content provided by you onto the Platform and such content is original, or you have the necessary licenses, rights, consents, permissions, and authority from third parties to authorize Students to use your Products, and to allow us to host your content as specified in these Terms of Business and the Terms of Use;

• you will keep all communications between you and any Students strictly confidential and not share such communications with any third parties, unless required to by law;

• your Products 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 offer your Products on the Platform; and

• you will ensure a quality of service that corresponds with the standards of your industry in general, and that provides the Students with a positive and engaging user experience.
3.3. You agree that your only means of communication with Students shall take place through the Platform, including through the Community, unless you have received the written consent of Students to communicate with them through other means. You are not permitted to share any personal contact information, including but not limited to e-mail addresses and contact numbers, with the Students.
3.4. You will respond to messages, received from us and from Users through the Platform, as soon as reasonably practicable.
3.5. You represent, warrant and undertake that you will not:

• post or transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Platform or to any User;

• frame or embed the Services (such as to embed a free version of a Product) or otherwise circumvent the Services;

• impersonate another User or gain unauthorised access to another User's account;

• interfere with or otherwise prevent other Instructors from providing their Services;

• abuse BBH’s resources, including any individuals representing BBH in providing support services to you;

• reverse engineer or attempt to extract the source code of the Platform; or

• extract or use any content or materials from the Platform except as otherwise provided for in the Terms, including any of our or any User’s trademarks or other intellectual property.

When Users click through the Referral Links (defined below) to purchase a Product on the Platform, you may be eligible to receive commissions for successful transaction purchases as described below.

Instructor obligations

You represent and warrant that you will:

implement the links, banners, and other means of linking the Platform on your social media accounts (collectively, “Referral Links”) in accordance with the referral specifications set out on the Affiliate Program (“Referral Specifications”). You will be able to download certain technical materials, including links, HTML code, banner ads, and other content (collectively, “Referral Materials”).
be responsible to maintain and update the Referral Links used on your social media accounts. BBH will notify you via email our Referral Materials. However, as a member of our Affiliate Program and because our information is updated often, it will be necessary for you to update the Referral Materials on your social media accounts to maintain consistency and accuracy between the Platform and the Referral Specifications,
follow and comply with all applicable intellectual property rights (including copyright) and other laws that pertain to your Products and Services, and
not to directly or indirectly, for yourself or on behalf of another, solicit business away from, or solicit, induce, influence, or encourage any of our other Instructors to upload their Products on your personal or other similar platforms, or otherwise alter, terminate or breach their contractual or other business relationship with us.

5.1. Subject to clause ‎5.3, the Instructor acknowledges and agrees that BBH owns all intellectual property rights in the Platform and all content contained within the Platform, including any data submitted by the Students.
5.2. BBH grants the Instructor a limited, non-exclusive, non-transferable, and revocable license to use the Platform for its intended purposes subject to the Instructor’s compliance with the Terms.
5.3. Some parts of the Platform (including the Instructor’s Account) allow the Instructor to upload or submit content (such as text, images, video, lists, links, and other materials). The Instructor retains all rights in any content that the Instructor uploads or submits, and is solely responsible for that content. The Instructor grants BBH a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Platform. BBH may, in its sole discretion, remove or take down any content that Instructor uploads or submits to the Platform, for any reason, including by a breach of the Terms.
5.4. We are constantly modifying and improving our Platform. We may introduce new features, change existing features, or remove features from the Platform at any time and without notice to the Instructor. If the Instructor provides us with any feedback on or comments regarding the Platform, Instructor grants us the right to use such feedback or comments for any purpose without restriction to or payment by us.
5.5. The Instructor provides BBH with the unencumbered right to use its logo and registered trade marks to display it on the Platform, and otherwise in marketing materials, reports, advertising and any other promotional activities where BBH sees a benefit of utilizing it.

Product Fees

6.1. When submitting Products available for purchase on the Platform, the price for each Product is set at $125,-. Alternatively, you may choose to offer your Product for another price, subject to BBH’s written approval.
6.2. Within the BBH Subscription option the pricing will change to $599,- for six-months access to the platform and $899,- for 12 months-access to the platform. The Subscription will give Students access to all Products available on the platform.
6.3. Law firms or other professional services firms will be offered discounted rates if they purchase Products or Subscriptions in bulk. These payments made to Instructors following the sales of their Products will have these discounts incorporated in the final pay out to Instructors.
6.4. If you opt to participate in the Affiliate Program, we may set a different discounted price or list price for your Product as notified to you in writing.

Instructor Payment

6.5. As an Instructor, your Products are submitted for review and published on the Platform. If your Product receives paid enrolments by Students through the Platform, the fees are transferred to us, and we deduct our commission and any transaction taxes, or fees, if applicable, from that amount before paying you.
6.6. You agree that if a Student purchases your Product through the Platform:

• you will receive 75% of the price of the Product, after taxes or fees, if applicable; and

• 25% of the price of the Product will be retained by BBH as a commission.
6.7. If a Student purchases any Product through your Referral Links:

• you will receive 15% of the price of the Product, after taxes or fees, if applicable;

• 85% of the price of the Product will be retained by BBH and the relevant third party.

6.8. The Products purchased by Students through the Referral Links can be Products made available by other Instructors on the Platform. The fees are transferred to us, and we deduct our commission and any transaction taxes, or fees, if applicable, from that amount before paying you.
6.9. If students opt for a Subscription you will be paid a proportion of that Subscription if your Product receives enrolments by students through the Platform.
6.10. Law firms or other professional services firms will be offered discounted rates if they purchase Products or Subscriptions in bulk. The payments made to Instructors following the sales of their Products to these firms will have these discounts incorporated in the final pay out to Instructors.
6.11. If we change this payment terms, we will provide you 30 days’ notice using prominent means, such as via email or by posting a notice on the Platform. Your continued use of the Platform indicates your acceptance of any updated terms.
6.12. For us to pay you in a timely manner, you must own a PayPal, Stripe, or valid bank account in good standing and must keep us informed of the correct email associated with your account. You must also provide any identifying information or tax documentation (if applicable) necessary for payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for paying any taxes for payments you receive by us.
6.13. In a country that requires BBH to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes (collectively "Transaction Taxes"), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due.
6.14. Payment will be made within 10 days of the end of the month to you to your valid bank account.
6.15. All payments are sent to you through our affiliated payment gateway platform. Please see their terms.

Affiliate program commission

6.16. Except in jurisdictions in which such a transaction is not permitted, you are eligible to earn commissions through Referrals (as defined in clause ‎6.13 below) during the term of these Terms, according to the calculation described in clause ‎6.4 and ‎6.5 above.
6.17. The commission is set up in your Account when you sign up for the Affiliate Program. A “Referral” is a paying Student that you refer from your social media accounts and/or other platforms to our Platform, using the Referral Materials in accordance with the Referral Specifications. Acceptance of a Referral shall be at our sole discretion.
6.18. Payments of commissions will be made to you on an “as is” basis. Payments are disbursed according to the payment method you have selected when registering your Account. If your Account is terminated due to violation of these Terms, we reserve the right to withhold all future payments owed to you.

Subscriptions

6.19. At any time, BBH may establish different pricing models. If this occurs, BBH may notify you of any updated payment terms via email to the email address you provided in your Account. If you are dissatisfied with the updated payment terms, you may stop using the Platform and terminate your Account in accordance with clause ‎9 below.

7.1. You agree that Students have the right to receive a refund, as detailed in the Terms of Use. Instructors will not receive any payment from transactions for which a refund has been granted under the Terms of Use.
7.2. If a Student asks for a refund after we have paid the relevant Instructor payment, we reserve the right to either (in our sole discretion): (1) deduct the amount of the refund from the next payment sent to the Instructor or (2) where no further payments are due to the Instructor or the payments are insufficient to cover the refunded amounts, require the Instructor to refund any amounts refunded to Students for the Instructor's Product.

9.1. Instructions on how to delete your Instructor Account are available here. We will 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 Product, your name and that Product may remain accessible to those Students after your Account is deleted. If you need help or encounter difficulty deleting your Account, you can contact us via email at info@beyondbillablehours.com. Once we have deleted your Account, Students can no longer access or purchase your Products.

10.1. You agree that BBH, in its sole discretion, may terminate your use of the Platform or your participation in it, for any reason, upon notice to you. It is BBH’s policy to terminate in appropriate circumstances the Accounts of Users on the Platform. BBH reserves the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any Product offered through Platform, or to cease providing any part to all of the Platform content or related services, and you agree that BBH will not be liable to you for such an action. If you no longer desire to use the Platform, you may terminate your Account at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Platform, but the other provisions of this Platform may survive any such termination.
10.2. We reserve the right to refuse you access to the Platform, terminate Accounts, and remove or edit content (including on the Community) at any time and at our sole discretion.
10.3. You may cancel your Account by providing three month’s written notice to us, either through the Platform or via email at info@beyondbillablehours.com. If you choose to do so, all content you uploaded onto the Platform (including all Products) will be removed and deleted within 30 days. You acknowledge and agree that BBH is not responsible for storing or retaining any information submitted onto the Platform by you if you choose to cancel your Account in accordance with this clause ‎10.3.

11.1. To the maximum extent permissible by applicable law, BKG, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:

• are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in a way connected with the use or inability to use the Platform and its content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not BKG is advised of the possibility of such damages; and

• exclude any and all liability for damages caused by, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Platform or combination thereof, including any injury or damage to you or to any person’s computer or systems related to or resulting from use of the Platform.
11.2. Where it is not possible to exclude liability under applicable law, you agree that BKG’s maximum liability for any corresponding claim shall be limited to an amount of AED 100.

13.1. Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.
13.2. No Waiver: Any failure by us to enforce any terms set out in these Terms or other policies with you is not a waiver of our rights to enforce those terms.
13.3. Assignment and third party rights: You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
13.4. Entire agreement: The Terms (as amended from time to time) set out the entire understanding and agreement between you and us with respect to the use of the Platform.

Who we are

We are the leading soft skill e-learning platform for the professional services sector.

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Terms of Business

1. PRIVACY POLICY

2. REGISTRATION

3. YOUR OBLIGATIONS

4. UPLOADING YOUR PRODUCT

5. CONTENT

6. INSTRUCTOR PAYMENT, FEES AND COMMISSIONS

7. REFUNDS

8. PROMOTIONS

9. DELETING YOUR ACCOUNT

10. TERMINATION RIGHTS; DISCONTINUATION OF COURSES AND CONTENT

11. LIMITATION OF LIABILITY

12. GOVERNING LAW AND JURISDICTION

13. GENERAL TERMS

14. ASSISTANCE

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