Here we go…
Terms of service
1. Using Quesing
a. Who can use Quesing
You may use our Products only if you can form a binding contract with Quesing, and only in compliance with these Terms and all applicable laws. When you create your Quesing account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms and our policies (including our Community guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
c. Commercial use of Quesing
Unless otherwise expressly authorized herein or by us, you agree not to display, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Quesing service.
2. Your content
If you are a Video Content Creator, these Video Content Creators Terms of Service (the “Video Content Creators Terms”) contain the terms and conditions of Your participation as a Service Provider via Quesing’s Services. This is a binding agreement between you and Quesing.
Any version of these Service Provider 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.
1. Key Definitions
“Questioner”is the user that asks a question to the Video Content Creator
“Video Answer” means the video answer that the Video Content Creator provides to the Questioner
“Review” is the review left by the Questioner after having received the Video Answer
"Base Price per Minute" means the video answer price set by the Video Content Creator in the initial signup form.
"Base Currency" means the currency of the Base Price per Minute.
"Video Content Creator Revenue" shall mean Net Amount less any refunds paid.
"Gross Amount" means the amount actually received by Quesing for purchases by users for Your Video Answer.
"Net Amount" means Gross Amount, less (1) Taxes (pursuant to section 11); and (2) for web sales, a three percent (3%) administrative and handling fee, except in the territory of Japan, where the administrative and handling fee shall be four percent (4%).
"Sale Currency" means the currency of the sale. This is determined by the country of origin of the User purchasing the Video Answer.
As a Video Content Creator You are contracting directly with Quesing, a Greek corporation. Additionally, although We may utilize other Quesing subsidiaries to facilitate Your payments, Your contract remains between You and Quesing, Inc.
As a Video Content Creator, You represent, warrant, and covenant that:
You will complete the Video Content Creator enrollment form and if you choose to charge fees for Your Video Answers, You will also need to agree again to the pricing terms which are presented to you during the paid Video Answer creation process; You will be responsible for all of Your Submitted Content. You further agree that You own or have the necessary licenses, rights, consents, and permissions, and the authority to authorize Quesing, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of Your Submitted Content on and through the Services in the manner contemplated by these Video Content Creator Terms; No Submitted Content shall infringe or misappropriate any intellectual property right of a third party; You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on Your Video Answer and through the Services; You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information; You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services or to any Questioner; You will not use the Services for any business other than for providing tutoring, teaching and instructional services to Questioners; You will not engage in any activity that will require Quesing to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings; You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Company Content and/or the Services or operations thereof, except as permitted in these Video Content Creators Terms; You will not frame or embed the Services in a manner to embed a free coupon version of your Video Answer or other similar functionality intended to circumvent the Services; You will not impersonate another person or gain unauthorized access to another person's Account; Your use of the Services are subject to Quesing's approval, which We may grant or deny in Our sole discretion; You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services; You will not interfere with or otherwise prevent other Video Content Creators from providing their services or Video Answers; You will maintain accurate Account information; You shall, in a reasonable amount of time, respond promptly to Questioners and ensure a quality of service commensurate with the standards of Your industry and instruction services in general; You are over the age of 18 or, if not, you are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these Instructor Terms, as well as all other of Our terms and policies as shall be posted on Our Services from time to time, and will assume responsibility and liability for Your performance and compliance hereunder.
5. Trust & &afety By agreeing to these Instructor Terms, You also agree to abide by the Trust & &afety policies found here and more specifically, the list of restricted topics found here. Please check both periodically as there will be minor changes made to the policies and restricted list from time to time. Quesing reserves the right to remove Video Answers and Video Content Creators at its sole discretion. 6. Pricing As a Video Content Creator, You will be responsible for determining the Base Price per minute You charge Questioners for Your Video Answer(s) from the signup form. To the price you decide, Quesing will add an additional 2 minutes that according to Quesing would be necessary for reading the question and setting up your equipment in order to answer. Quesing functions in a commission-based model, charging 7% on all Video Answers given via Quesing’s Service. This commission does not include the fees related with handling payments You may select any increment as defined in the signup form. You agree to charge only for Your own Video Answers. You may not charge separately for any Video Answers supplementary material such as downloadable PDFs or other content and services (such as providing a link to a third party service to sell downloadable PDFs). The Company will handle billing and other fee interaction with Questioners. As part of Your participation on Quesing, You give Us permission to share Your Video Answer, and information about You and the Video Answer with Quesing employees and selected partners, for which You will not receive compensation.
7. Payments Quesing pays Video Content Creators bi-weekly. So that Company can pay you in a timely manner, you must have a PayPal or Braintree account in good standing and keep Quesing apprised as to the correct email address associated with your PayPal or Braintree account. Payment will be made within two weeks (15) days of the end of the month in which the fee for a Video Answer was received. You are responsible for providing Company with all identifying and tax information necessary for the payment of amounts due. As a Video Content Creator, you are responsible for determining whether you are eligible to be paid by a Greek company. 8. Refunds As a Video Content Creator, you acknowledge and agree that Questioners have the right to receive a refund. Neither Video Content Creators nor Quesing shall receive any payments, fees or commissions for any transactions for which a refund has been granted pursuant to section 9 thereof. In the event that a Questioner requests a refund for a Video Answer after Quesing has sent a Video Content Creator payment for that Video Answer, Quesing reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to that Video Content Creator, or (2) require that Video Content Creator to refund any amounts refunded to Questioners for Video Content Creator’s Answer to the extent no additional payments are due from Quesing to Video Content Creator or such payments due to the Video Content Creator are insufficient to cover the amounts refunded to Questioners. 9. Taxes You understand and agree that You are responsible for any taxes on Your income. We reserve the right to withhold payment if we do not receive proper tax documentation. With regard to sales tax on the sale of Your Video Answers, the following applies: a. European Union In the event that the sale or delivery of a Video Answer or any Submitted Content to any Questioner in the European Union is subject to any value added tax ("VAT"), under applicable law, Quesing will collect and remit the VAT to the competent tax authorities for sales of such Video Answer to Questioners in the European Union. Quesing may at its Own discretion increase the Sale Price where Quesing is of the view that VAT may be due and Quesing will have a liability to account for such. You will indemnify and hold Quesing harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon on Your Video Content Creator Revenue or otherwise. b. All Other Countries For sales of any Video Answers in countries other than the European Union, You are responsible for following the requirements of the appropriate taxing authority related to sales tax on Your Video Answers (which may be different to the tax authority in Your own location). Quesing is unable to provide You with tax advice and You should consult Your own tax advisor.
10. Deletion of Your Account If You wish to delete Your Video Content Creator Account, You may do so by contacting us in firstname.lastname@example.org. We will use commercially reasonable efforts make any remaining scheduled payments due and owing to You prior to deleting Your Account. You hereby understand and agree that if Questioner(s) have previously received Your Video Answer(s), after Your Account has been deleted Your name and such Video Answer(s) will remain accessible to those such Questioners. 11. Modifications to These Video Content Creator Terms From time to time, We may update these Instructor Terms to clarify our practices or to reflect new or different practices, such as when We add new features, and Quesing reserves the right to modify and/or make changes to these Instructor 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 on Our Services. Other modifications will become effective on the day they are posted unless stated otherwise. If You continue to use the Services, after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Instructor Terms as changed. The revised Instructor Terms supersedes all previous Instructor Terms. Effective November 1st 2018 Thank you for reading our Terms. We hope you enjoy Quesing!
Contracting entity: Quesing I4G Incubator Egnatias 154, Thessaloniki, 54636 Central Macedonia, Greece