Educator Addendum
This Educator Addendum (“Educator Addendum”) is part of Nbparents’ Terms of Service (“Terms of Service”) and by offering or planning to offer classes on Nbparents, you’re agreeing to this Educator Addendum and the Terms of Service. Any capitalized terms not defined in this Educator Addendum, will have the meaning as defined in the Terms of Service.
1. General Educator Obligations and Terms
a. Marketplace Basics: As a Educator, you must provide Nbparens with any information requested in order for Nbparents to list your Classes through its Services, including but not limited to a description of the Classes and the price for the Classes. Each Class listed by a Educator should follow the Nbparents’ Class Content Policy. Nbparents reserves the right to reject any potential Educator and remove or suspend any Educator from the marketplace that violate Nbparents policies, including, but not limited to the Community Standards. Nbaprents may, but is not required to, conduct background checks on potential Educators. As a Educator, you agree to provide written and/or electronic consent to such background checks and to provide accurate and truthful information during such process. Nbparents may make changes to onboarding or authentication processes for Educators and completion of these processes may be required for Educator account activation or continued access and usage of the Services. In addition, in connection with your use of the Services, you agree to abide by the terms of our Help Center, which may be updated from time to time.
b. Community Standards: When you join the Nbparents community, you agree to follow our policies, including the Community Standards. Those expectations include thoughtful and professional communications with the Nbparents community (e.g. other Educators, Parents, Learners), modeling appropriate behavior for Learners, and displaying professionalism. In addition, you agree to use social media, blogs, and other online forums, in an appropriate manner and not engage in inappropriate behavior, including, but not limited to:
i. Inappropriate behavior in any Nbparents-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that Nbparents believes to be unconducive to a respectful and welcoming community for all.
ii. Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media as an agent of Nbparents without prior written authorization from Nbparents; posts that Nbparents finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about learners, Educators, parents, or Nbparens staff, even if the target is not identified by name; sharing any private material, communication, or information regarding Parents of Learners, including but not limited to Learners’ or Parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to Nbparents’ ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of Nbparents’ policies and/or Community Standards.
c. Learner Safety: In accordance with mandated reporting laws, each Educator is required to report to Nbparents any suspected case of child abuse or neglect they become aware of during their work with Nbparents Learners. Consistent with the Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), Nbparents defines “abuse or neglect” as: “any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation”; or “an act or failure to act which presents an imminent risk of serious harm.” Educators may also be required to report suspected abuse or neglect to local authorities, and Nbparents expects all Educators to comply with their individual reporting responsibilities. Educators shall be fully responsible and liable for any foregoing reporting requirements it may have based on local laws. Nbparents itself may report instances of suspected abuse or neglect as it deems appropriate.
d. Teaching School Learners: Nbparents may present opportunities for you to offer Classes or educational experiences to young learners through their school (“School Learners”). If you decide to participate in such opportunities, Educators are required by law to learn about and familiarize themselves with their obligations under student data and privacy protection laws and the related legally-mandated safeguards. Educators interested in offering their classes to School Learners may be required by the school to complete special education in order to perform such services.
e. Educator Responsibilities: Each Educator is solely responsible and liable for obtaining all licenses and other permissions required to offer or provide any Classes, including, but not limited to, complying with any applicable laws, rules or regulations. Nbparents assumes no responsibility for a Educator's failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations.
f. Independent Contractor Relationship. You understand and agree that Nbparents is not an insurer, agent or employer for you as a Educator, and you offer your Classes on Nbparens solely as an independent contractor. If a Parent purchases and enrolls in any of your Classes, any agreement you enter into with such Parent is between you and the Parent, and Nbparents is not a party thereto. Notwithstanding the foregoing, you appoint and authorized Nbparents to serve as your limited agent purely for the purpose of accepting payments from Parents on your behalf and transmitting such payments to you (minus Other Fees as listed in the Paying for Classes article, including, but not limited to the Marketplace Fee), such as if payment is made directly to you by the Parent. Nbparents, as limited payment collection agent for you, agrees to facilitate the payment of any Classes pursuant to this Educator Addendum, the Terms of Service and the Educator Earnings and Payment policy, unless otherwise agreed between Nbparents and the Educator. In addition, you acknowledge and agree that, as a Educator, you are responsible for your own acts and omissions while using the Services. With the sole exception of Learners enrolled in the applicable Class, and/or their Parents, you further agree that you will not share any Class Recordings made available to you by Nbparents to any third parties. Allowing other Educators within your Educator Organization to view the Class Recordings, however, is permissible.
g. Communications to Parents and Learners: Each Educator is solely responsible to comply with applicable laws, regulations and rules, including, but not limited to, marketing laws and consumer protection laws, when communicating with Parents on the Nbparents Platform, such as through messages. Communications on Nbparents or Nbparents-affiliated channels may not be used for the following activities:
i. Sending unsolicited communications, advertising or promotions, requests for donations, or spam in violation of applicable law;
ii. Harassing or abusing another member or violating our Community Standards;and/or
iii. Exchanging personal contact, financial or other information for the purposes of making an off-platform communications, including phone number, address, email, social media handles, external URLs, instructions for money transfer, QR codes, etc. Nbparents cannot help with issues that are taken off platform.
h. Educator Organization. Each Educator Organization is responsible and liable for the acts and omissions of each Educator and/or any personnel who, directly or indirectly, utilize the Services. Further, each Educator Organization is responsible for informing and ensuring compliance of its Educators and/or personnel of any and all of their obligations under this Educator Addendum, the Terms of Service and any other applicable terms and policies. In addition to this Educator Addendum and the Terms of Service, each Educator Organization will execute and comply with the terms of their Educator Organization Agreement with Nbparents.
i. Additional Educator Service Terms: Nbparents may offer additional products, services, or features, which may include an additional fee to you to help you sell and offer your Classes on Nbparents (each an “Additional Educator Service”), which may be subject to additional terms, conditions, or guidelines (“Additional Educator Service Terms”). Any Additional Educator Service Terms will be part of this Educator Addendum and the Terms of Service, provided that in the event of any conflict between such Additional Educator Service Terms, this Educator Addendum, and/or Terms of Service, the Additional Educator Service Terms shall control as it relates to the Additional Educator Service.
j. Your User Content and Class Recordings: You acknowledge and agree Nbparents may use your User Content and Class Recordings of your Classes, including, but not limited to images of you and/or your class listing information for promotional services to help grow and improve the Nbparents Platform and Services. This allows us to provide the Services and to promote Nbparents, your Classes, other Classes, or the Services in general, in any formats and through any channels, including across the Nbparents Platform, and/or our partners’ or third-party’s websites or advertising medium. websites or advertising medium.
2. Class Prices and Educator Payment
a. Class Prices: Each Educator sets their own Class Price for the Classes a Educator offers to Parents on the Nbparents Platform.
b. Educator Payment: Except as otherwise stated in the Additional Educator Service Terms, Nbparents will transfer the “Educator Payment” (Total Price minus Educator Fee (as defined below) and Other Fees) to Educator’s Paypal account for each sale of a Qualifying Class (as defined below) (or set of Classes, as applicable) to a Parent within a reasonable period of time according to this Educator Addendum, the Terms of Service, and schedule and policies detailed in our Educator’s Earnings and Disbursements Policy. In order to transfer funds to Educator’s Paypal account, Educator shall have a registered and active Paypal account.
i. “Educator Fee” shall mean Nbparents’ take rate of a set percentage, as set forth in the Educator’s Earnings and Disbursements Policy, of a Parent’s payment of a Class Price. For clarity purposes the Educator Fee excludes the Marketplace Fee and/or any other fees for Additional Educator Service(s).
ii. A “Qualifying Class” means a Class purchased and enrolled by a Parent through the Nbparents Platform or Nbparents-related application, that was: (1) attended; or (2) missed by the Learner (i.e. not attended and/or also not canceled or late cancelled outside the acceptable cancellation period, and not at the fault of the Educator). In addition, Nbparents has discretion to act on behalf of the Parent, and to not transfer the Class Price to Educator. Nbparents will independently review such cases, seeking input from the Parent and/or the Educator, and may decide to issue a refund to the Parent.
iii. Taxes: You shall be solely responsible for all taxes associated with your Classes. There are certain taxes Nbparents will collect and/or remit to tax authorities (“Taxes”).
- Collection and Remittance by Nbparents. In jurisdictions where Nbparents is legally required to facilitate the collection and/or remittance, you instruct and authorize Nbparents to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Nbparents may seek additional amounts from you (including by deducting such amounts from future payouts) when the Taxes collected and/or remitted are insufficient to fully discharge your tax obligations, and you agree that your sole remedy for Taxes collected by Nbparents is a refund from the applicable tax authority. You acknowledge and agree that Nbparents retains the right, with prior notice to you (if you are affected), to cease the collection and remittance of Taxes in any jurisdiction for any reason.
- Tax Information. In certain jurisdictions, Tax regulations may require that Nbparents collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Nbparents may issue on your behalf invoices or similar documentation for Taxes for your Class offerings to facilitate accurate tax reporting.
iv. Reconciliation: If you believe your Educator Payment was processed incorrectly, you have thirty (30) days to contact Nbparents support from the date you received payment to help reconcile any differences. Thereafter, Educator Payments will be deemed final and Nbparents will have no future responsibility or liability to you regarding such payment.
3. Further Documentation and Cooperation: You agree to execute any additional documentation and take any other further action that is or may become necessary to comply with applicable laws. You further agree to reasonably cooperate with Nbparents in this regard if Nbparens seeks your assistance.