T&C Teachers

Last update 18.01.2023

1. SCOPE

1.1. SYNKii is a web platform that connects students of any age, any ability and any instrument with high-quality and professional music teachers. SYNKii is owned and operated by Onlive Productions Limited, a company registered in England and Wales under company number 13027429, registered address is 1b Trafalgar Mews, London E9 5JG, England (hereinafter “SYNKii”) provides an online platform for tutoring services (hereinafter the “Platform”) under the domains synkii.com as well as in an app.

Music Lessons can be purchased by the Customer from Teachers via this Platform either in the form of monthly subscriptions on the following terms.

1.2. These T&Cs shall apply to all persons registered on the platform as Users (hereinafter referred to as “User”). They regulate the rights and obligations of Users when visiting the platform and when using the functions and services offered on it.

1.3. These T&Cs shall apply exclusively to the use of the platform as a User. Any deviating, contradictory or supplementary T&Cs shall not form part of the business relationship between the User and SYNKii, even if they have not been expressly contradicted. Deviating, contradictory or supplementary T&Cs shall only be valid if SYNKii has agreed to them in writing.

1.4. SYNKii may change the provisions of these T&Cs at any time without stating the reasons. Such changes shall be posted on the platform. If the User continues to use the Platform after becoming aware of the amended T&Cs, the amendments are deemed to be accepted.

1.5. The information on the protection of the User’s personal data is available in the privacy policy on the platform under www.synkii.com/privacy-policy.

2. SUBJECT OF THE CONTRACT, SERVICE DESCRIPTION

2.1. Tutors and persons registered as Users (hereinafter referred to as “User”) can arrange online video lessons (hereinafter referred to as “video lessons”) via the Platform.

2.2. If a teacher and a user agree on video lessons, the contract for video lessons is concluded directly between the teacher and the user (hereinafter the “teacher contract”). The teacher receives a confirmation from SYNKii about the conclusion of the teacher contract.

2.3. SYNKii operates the Platform and arranges tutor contracts on behalf of Tutors for Users of the Platform. In addition, SYNKii offers certain services in connection with the onboarding of Users. However, SYNKii itself does not become a party to the tutor contracts concluded between Users and Tutors.

2.4. SYNKii may also provide other services via the Platform (e.g. a homework chat or a free trial lesson to test video lessons) where Tutors can earn a bonus under certain conditions. However, SYNKii is not obliged to make such offers available or to offer a bonus for them.

3. REGISTRATION, CONSENT OF THE LEGAL REPRESENTATIVE

3.1. Use of the Platform requires a corresponding registration. In the course of registering for the Platform, the User agrees to the validity of these T&Cs. Use of the Platform as a User or Tutor is reserved for registered persons. Registration is free of charge.

3.2. In the course of registration, the User must provide all information completely and truthfully and update it immediately in the event of any changes.

3.3. There is no right to registration on the Platform. SYNKii reserves the right to refuse to register a person as a User without stating the reasons or to exclude already registered Users from using the Platform without giving reasons. Any credit purchased and not yet consumed at the time of exclusion will be refunded by SYNKii to the excluded User. To make this payment, SYNKii shall use the same means of payment that the User originally used to purchase the credit.

3.4. Registration on the Platform is possible regardless of age. However, in order to use chargeable services (video lessons) via the Platform, Users must be at least 14 years old and Tutors at least 18 years old. If a User or Tutor has not yet reached the respective minimum age, the prior consent of the person’s legal representative is required.

3.5. SYNKii will provide the User with access to the Platform by transmitting access data to the mobile phone number provided by the User and create a personal user account. In this regard, the User is obliged to provide SYNKii (support@synkii.com) with an email address to which documents can be sent to the User. If this email address changes, the User must notify SYNKii immediately by providing the new email address.

4. APPOINTMENT OF SYNKii AS MEDIATOR

4.1. The Tutor hereby instructs SYNKii to present the subject knowledge they offer on the Platform and to provide them with opportunities to conclude tutor contracts via the Platform. However, SYNKii cannot guarantee that tutor contracts are actually arranged.

4.2. SYNKii is entitled to accept payments in the name and on account of Tutors.

5. RIGHTS AND OBLIGATIONS OF TUTORS

5.1. Tutors can register on the Platform to offer video lessons. During registration, Tutors indicate in which subject areas (e.g. school subjects) they would like to offer video lessons. If requests for video lessons in a relevant subject area are received from Users via the Platform, SYNKii may notify a Tutor; however, there is no obligation to do so. On the other hand, there is no obligation for the Tutor to respond to requests for video lessons.

5.2. There is no employment or freelance service relationship between a Tutor and SYNKii. Tutors are not subject to instructions from SYNKii and act independently when holding video lessons. They are also not authorised to represent SYNKii in legal transactions.

5.3. Tutor contracts are concluded between a Tutor and a User, taking into account the relevant provisions of these T&Cs.

5.4. Users can conclude a tutor contract with a Tutor by purchasing credits for video lessons via the Platform. Credits for video lessons can be purchased in the form of hourly packages. Credit for hours that are still open can also be waived if the entire package is not used up within a certain period of time. Furthermore, the tutor contract may be extended automatically after the agreed period of time if the User does not object to this in due time before the end of the term. The use of the platform by Tutors requires the agreement of the tariffs for the lessons listed on the platform. The current prices for the lessons are published on the platform; with the approval of the present terms and conditions, these tariffs are deemed to have been agreed between the Tutor and SYNKii. SYNKii reserves the right to change the tariffs of the credits to be purchased (packages) and the commissions to be paid at any time. Such changes only apply to lessons / packages that are brokered after such a change.

5.5. The processing of the credit payment to the Tutor is administered by SYNKii. Unless otherwise agreed, after a video lesson has been held, the Tutor will be credited with the credit for that lesson to be paid out to their credit account (subject to clause 6.2).

5.6. The Tutor pays SYNKii a commission for each arranged tutor contract. The entire commission claim arises upon conclusion of the tutor contract. Payment of the commission to SYNKii (by way of retention) is done as follows: If the User pays the respectively acquired credit (package) in full upon conclusion of the tutor contract, the commission is also due in full immediately for payment to SYNKii; if the User pays the respective acquired credit (package) in installments; the commission is also due in partial amounts (pro rata) for payment to SYNKii (at the time of the respective payment by the User). SYNKii is entitled to withhold the commission amounts owed by the Tutor from the User’s payments (or their credit balance).

5.7. After holding a video lesson, SYNKii will deduct credits from the User’s account and credit the tutor with the credits minus the commission. SYNKii may also deduct credits from a User’s account and transfer the credit less commission to the Tutor provided the User does not move or cancel a session in a timely manner or does not show up for it. The commission payable to SYNKii by the Tutor in this case may also differ from the commission payable when a video lesson is held.

5.8. If User credits expire because they are not used within the specified time period, SYNKii is entitled to the entire expired credit as a special commission.

5.9. The current commissions shall be announced on the Platform or otherwise made known to the Tutor.

5.10. If the User has a repayment claim with regard to acquired but not yet used credit from a tutor contract, the (proportional) commission is also cancelled accordingly (retroactively) with the repayment. In this case, the Tutor will be issued with corresponding credit notes for the commissions already invoiced.

5.11. If a Tutor has concluded a tutor contract with a User, they are obliged to fulfil such a contract, paying particular attention to the timely holding of the video lesson. Termination of a tutor contract is only possible on the basis of a mandatory legal right of revocation or with the User’s consent. Due to the negative effects on the Platform, penalty payments by the Tutor to SYNKii may also be incurred due to the Tutor’s violation of the obligations arising from the tutor contract.

5.12. The Tutor undertakes to observe the legal provisions applicable to the fulfilment of the tutor contract in each case and in particular to ensure that when posting content on the Platform, they have the corresponding rights of use and that the provision of content does not violate legal regulations, moral standards and/or the rights of third parties (such as copyright, personal rights and trademark rights).

5.13. The Tutor explicitly acknowledges and agrees that any form of re-use of other Tutors’ teaching content, materials and answers (e.g. in homework chat) is prohibited.

5.14. The Tutor undertakes to keep the access data provided by SYNKii confidential. The Tutor is responsible for all activities that originate from their user account.

5.15. The Tutor undertakes to notify SYNKii immediately if there is any suspicion of unauthorised use of their user account. If there is suspicion of unauthorised use of a user account or if a Tutor violates applicable legal regulations or these T&Cs, SYNKii reserves the right to block the user account and subsequently delete it.

5.16 All Teachers shall:

  • be responsible for the safety and security of themselves and any children (i.e. persons under the age of 18) who are Students including, but not limited to, using the internet safely. In the event that your password / log in details are no longer private, please contact us via the Web Platform immediately. We shall not be liable for any loss or damage suffered by you or any other person further to your failure to contact us in accordance with this clause 5.1(a);
  • ensure messages and content posted by them or on their behalf on the Web Platform are legal and in no way abusive or offensive. Where a message or any content on the Web Platform is a cause for concern, you shall promptly report it to us;
  • comply with their safeguarding obligations as set out under clause 11;
  • assist us in ensuring that all Customers are aged 18 or over and the parent, guardian or carer of the Student, and report any instances where you believe that this may not be the case;
  • take reasonable steps and exercise common sense when assessing the accuracy and legitimacy of information on the Web Platform;
  • comply with our Acceptable Use Policy; and
  • not attempt to circumvent the Web Platform in any way whilst benefiting from the Services which the Web Platform provides (including but not limited to purposefully not using the payment service provider within the Web Platform to obtain payment for Music Lessons).

5.17 If any Teacher using the Web Platform fails to comply with the terms within this clause 5.16, orr any other terms within these terms of service we reserve the right at our sole discretion to suspend or remove that Teacher’s Account or remove that Teacher’s ability to use the Web Platform.

6. CREDIT ACCOUNT/SETTLEMENT

6.1. After a Tutor has successfully registered on the Platform, a credit account (a “credit account”) is set up for them, to which the credits acquired by the Tutor through holding video lessons or providing additional services (bonuses) are credited. No interest is paid on the credit balance.

6.2. The Tutor can view the current balance of their credit balance in their user account. Payments to the Tutor shall be made once a month in the month following the month in which the teacher requested the payment. This will be in the form of a cashless transfer to the Tutor’s most recently specified bank account.

6.3. If the contract between SYNKii and the Tutor is terminated, any credit balance that has not yet been paid out shall be due for payout to the Tutor at the end of the next calendar month.

6.4. Any taxes and duties connected with the payout of the credit balance (e.g. income tax, VAT, social security contributions) must be declared and paid by the Tutor themselves. The Tutor undertakes to indemnify and hold SYNKii completely harmless in this regard.

6.5. SYNKii has merchant accounts with external payment service providers (e.g. Stripe, PayPal, Visa, MasterCard). The Tutor receives payments by bank transfer from a SYNKii merchant account via the respective payment service provider.

7. USE OF PLATFORM

7.1. SYNKii shall make the Platform available for use 24⁄7. However, there is no procedure that can guarantee that software is error-free based on the current state of technology. SYNKii therefore does not guarantee that the software on which the Platform is based is completely free of errors and that there will be no platform downtime. Furthermore, the Platform may be temporarily unavailable due to maintenance work. SYNKii will announce scheduled maintenance work on the Platform in a timely manner. However, SYNKii is not obliged to update the Platform.

7.2. The Platform and the underlying software are copyrighted and may not be used or modified beyond the agreed rights of use without prior written consent from SYNKii. Likewise, the design of the Platform and in particular the content placed on the Platform (e.g. databases, photos, images, logos, videos, texts, graphics, etc.) are copyrighted or are subject to other laws for the protection of intellectual property and, unless otherwise indicated, SYNKii is entitled to these.

7.3. SYNKii can make the Platform interactive. This gives Users and Tutors the opportunity to review each other and write their own comments. SYNKii does not check whether the reviews are potentially unfounded or misleading. Users undertake to provide only truthful information in the reviews and to observe the legal regulations as well as these T&Cs. Users may only reproduce personal data with the express permission of the person concerned.

7.4. SYNKii reserves the right to delete reviews or other content in whole or in part, especially if they contain unlawful content.

7.5. The User expressly acknowledges and agrees that in particular, but not exclusively, the distribution of the following content via the Platform is prohibited:

a. racist, pornographic, obscene, insulting, vulgar, violent, belittling and immoral content;

b. insulting, hurtful comments or threats against other Users, Tutors or third parties;

c. content which impairs or endangers children or young people in their development or upbringing or which violates human dignity or other legally protected interests;

d. content that could lead others to criminal or other immoral acts;

e. copied content to which the Tutor has no rights or which was provided by other registered persons;

f. content that poses a security risks, such as viruses;

g. Sending unsolicited advertising emails, junk emails, other unsolicited messages, so-called email bombs etc. to other Users, Tutors or third parties or setting links to third-party pages for distribution purposes.

7.6. The User grants SYNKii the free, non-exclusive, perpetual and unrestricted right to use, edit, copy and distribute reviews, photos, graphics, texts, audio messages and videos posted on the Platform for provision on the Platform and for advertising the Platform.

7.7. The use of tools for data analysis of the Platform content is not permitted.

7.8. SYNKii is entitled at any time to restrict or completely discontinue the services offered via the Platform without stating the reasons. Significant changes or restrictions to the services offered will be announced on the Platform in good time.

7.9. A restriction or discontinuation of the services offered by SYNKii does not change these T&Cs. SYNKii can only change the T&Cs in accordance with the procedure stipulated in Section 1.4.

7.10 The User agrees to keep confidential and not to publish, distribute, or otherwise make available, any videos or other content that depict or reveal the personal information of teachers and students, unless such information is publicly available or the User has obtained prior written consent from the relevant parties. The User acknowledges that the unauthorised release of personal information of teachers and students is a violation of their privacy and may result in legal consequences.This clause specifically prohibits the User from engaging in activities that could potentially harm the privacy of others and makes it clear that such activities are strictly forbidden. By including this clause, the terms and conditions provide additional protection for the privacy of teachers and students and help to ensure that their personal information is kept confidential and secure.

8. WARRANTY, WITHDRAWAL FROM TUTOR CONTRACT

8.1. The relationship between the Tutor and SYNKii is governed by the statutory warranty provisions.

8.2. If a Tutor has not or only partially fulfilled a tutor contract (e.g. individual units) or has fulfilled it badly (e.g. non-appearance or late arrival of tutor, lack of professional competence, inappropriate treatment of User), the User can make a justified complaint to support@synkii.com. SYNKii can check the quality of a video lesson in such cases and try to mediate between the User and Tutor. The User and Tutor agree that SYNKii will have the final say on the existence and amount of any claim for a credit refund. If SYNKii considers the User’s complaint justified, the Tutor’s claim to the credit balance shall be cancelled. Any credit already allocated to the Tutor’s credit account for the unit shall be deducted in this case. If the Tutor does not have sufficient credit in their credit account at this time, SYNKii reserves the right to deduct any credit required later from the credit account or to demand the amount back in cash.

8.3. In case of serious violations of a Tutor or in case of non-fulfilment of the tutor contract, an attempt shall be made to find a replacement Tutor for the User at the User’s request. If a replacement Tutor is found, the tutor contract can be transferred to the replacement tutor. The Tutor shall agree to such a transfer of the tutor contract. The replacement tutor may subsequently acquire credit by holding video lessons in accordance with the conditions agreed with the original Tutor; they will also owe the commission payable to SYNKii for the tutor contract they have taken over (for the units provided). If no replacement tutor can be found or if the User does not wish to have a replacement tutor, they have the right to terminate the tutor contract without notice.

9. LIABILITY

9.1. SYNKii shall only be liable, regardless of the legal grounds, if damage was caused through SYNKii as a result of gross negligence or intent. SYNKii liability for slight negligence is excluded - except for personal injury.

9.2. SYNKii shall assume no liability for the fulfilment of contractual or other obligations of Tutors towards Users. In particular, SYNKii is not liable for the availability of Tutors or for any damage incurred by the User in connection with the performance of a tutor contract. With regard to the reimbursement of the credit used for a video lesson unit, a User must proceed in accordance with point 9.2. All claims over and above this must be made directly to the respective Tutor.

9.3. SYNKii shall not be liable for the content provided by Users or Tutors on the Platform or the content of websites to which SYNKii is linked. For illegal, incorrect or incomplete content and especially for damage resulting from the use or non-use of such information, the provider of the site to which SYNKii is linked is solely liable. The User is therefore solely responsible for critically reviewing and evaluating the content of other Users and Tutors.

10. EXEMPTION FROM LIABILITY ON THE PART OF TUTOR

10.1. The Tutor undertakes to indemnify and hold SYNKii completely harmless if SYNKii is held liable by Tutors for claims arising from tutor contracts or by other Tutors, Users or third parties for civil or criminal, judicial or extrajudicial claims arising from the content posted by the Tutor on the Platform. The indemnification also includes penalties, damages and all costs of legal defence.

11. RIGHT OF REVOCATION FOR TUTORS

11.1. In the event that a Tutor has registered on the Platform as a consumer within the meaning of the law of England and Wales, they are entitled to the following right of revocation from SYNKii.

11.2. The Tutor has the right to revoke the contract with SYNKii on the use of the Platform within 14 days of registration on the Platform without stating the reasons.

11.3. In order to exercise the right of revocation, the Tutor must notify SYNKii of the revocation with a clear statement (e.g. a letter or email sent to SYNKii by email). For this purpose, the Tutor can download, fill in and transmit the sample revocation form on the Platform under the following link or use another clear declaration. If the Tutor makes use of this option, SYNKii shall immediately send them confirmation of receipt of such a revocation.

11.4. In order to comply with the revocation period, it is sufficient for the Tutor to send notification of the exercise of the right of revocation before the end of the revocation period.

11.5. All declarations can be sent to the following contact details: e-mail to support@synkii.com

12. CONTRACT DURATION/TERMINATION

12.1. The contractual relationship between SYNKii and the respective Tutor regarding the use of the Platform begins with the Tutor successfully registering on the Platform. Both the Tutor and SYNKii are entitled to terminate this contract at any time with immediate effect, in which case the registration as a Tutor must be deleted. However, SYNKii must still be able to process current tutor contracts in an orderly manner.

13. APPLICABLE LAW, PLACE OF JURISDICTION

13.1. These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or its subject matter or formation.

13.2. Comply with the law applicable in England and Wales and in any country from which it is posted.

15. FINAL PROVISIONS

15.1. In case of contradictions between these T&Cs and deviating written agreements between a User and SYNKii, the provisions of the deviating agreements shall take precedence over these T&Cs.

15.2. Should individual provisions of these T&Cs be or become invalid, this shall not affect the remaining content of the T&Cs. The invalid provision shall be replaced by a provision that is legally valid and comes closest to the User’s and SYNKii’s economic purpose.

15.3. A “third party” within the meaning of these T&Cs is any natural or legal person who is different from the person registered as a User and from SYNKii, even if legal and/or economic relationships should exist with such a person.

15.4. Unless otherwise stipulated in these T&Cs, neither a User nor SYNKii may transfer or assign the provisions and rights from these T&Cs to third parties without the written consent of the other party.