Terms of Service

Vendors Terms of Service

These Vendors Terms of Service were last updated November 1st, 2018.

If you are an institution of learning, training provider, an institution of learning, training provider, these vendors terms of service contain the terms and conditions of your participation as a vendor via Vogate.co.uk services. This is a binding agreement between you and Vogate.co.uk.

Any version of these vendors terms of service 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

Base Price” means the course price set by the institution of learning, training provider, course vendor.

Base Currency” means the currency of the Base Price.

Base Exchange Rate” means a system-wide rate used by Vogate.co.uk for foreign currency conversion and does not include any fee or mark-up by Vogate.co.uk. The rate is established using one or more third parties and is fixed periodically. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.

Revenue” shall mean Net Amount less any refunds paid, as provided in Section 10 of the Terms of Use.

Gross Amount” means the amount actually received by Vogate.co.uk for purchases by Course Buyers, Training Candidates and Students for Your Course. Please note that for mobile application sales, mobile platforms apply fees, such as Apple’s App Store or Google Play.

Net Amount” means Gross Amount, less commission deducted by Vogate.co.uk. The commission deducted includes all expenses and charges.

Sale Price” means the actual sale price for the Course. When the Sale Currency is different from the Base Currency, Vogate.co.uk will determine the Sale Price based on the applicable Base Exchange Rate.

Sale Currency” means the currency of the sale. This is determined by the country of origin of the User purchasing the Course

       2. Agreement

As a Course vendor. You are contracting directly with Atom Services Limited trading as Vogate.co.uk, a United Kingdom based company registered in England and Wales. Additionally, although We may utilize other Atom Services Limited subsidiaries to facilitate Your payments, your contract remains between You and Vogate.co.uk.

       3. Your Relationship with Course Buyers, Training Candidates and Students

Course vendors do not have a direct contractual relationship with Course Buyers, Training Candidates and Students or those who purchase your courses. The only information You will receive about Course Buyers, Training Candidates and Students is what is provided to You through our Services You understand and agree that You will indemnify Vogate.co.uk from any issues arising out of Your use of any Student Related Data.

       4. Obligations

As a Course vendor, you represent, warrant, and covenant that:

  1. You will visit Vogate.co.uk and complete the course vendor registration form and if you choose to charge fees for Your Courses, a 20% (twenty percent) charge will be deducted from the fee you charge for your courses. The 20% (twenty percent) represent credit card charges, administrative fees, cost of maintaining your courses on the website, various overhead charges.
  2. 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 Vogate.co.uk, 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 Terms;
  3. No Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
  4. 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 Course and through the Services;
  5. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information;
  6. 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 User;
  7. You will not use the Services for any business other than for providing tutoring, teaching, training and instructional services to Course Buyers, Training Candidates and Students;
  8. You will not engage in any activity that will require Vogate.co.uk 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;
  9. You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Vogate.co.uk Content and/or the Services or operations thereof, except as permitted in these Terms;
  10. You will not frame or embed the Services in a manner to embed a free coupon version of your course or other similar functionality intended to circumvent the Services;
  11. You will not impersonate another person or gain unauthorized access to another person’s Account;
  12. Your use of the Services is subject to Vogate.co.uk approval, which We may grant or deny in Our sole discretion;
  13. 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;
  14. You will not interfere with or otherwise prevent other Course vendors from providing their services or Courses;
  15. You will maintain accurate Account information;
  16. You shall respond promptly to Course Buyers, Training Candidates and Students and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
  17. 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 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. License to Vogate.co.uk

You hereby grant Vogate.co.uk a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content through the Services, and sublicense it to Users for these purposes directly or through third parties. For more information on how we may use Submitted Content please visit Our Privacy Policy. Notwithstanding the foregoing, and subject to the Terms, if you are a Course vendor, unless specifically stated otherwise. You have the right to remove all or any portion of Your Submitted Content from the Services at any time. Removal of all your submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new Users, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.

You hereby agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Services. You hereby grant Vogate.co.uk permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, Courses, Vogate.co.uk Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.

       6. Trust & Safety

By agreeing to these Terms, you also agree that Vogate.co.uk reserves the right to remove Courses and Course vendors at its sole discretion.

       7. Pricing

As a Course vendor, you will be responsible for determining the Base Price You charge Course Buyers, Training Candidates and Students for Your Course(s). You agree to charge only for Your own Submitted Content. You may not charge separately for any course add-ons such as downloadable PDFs or other content and services (such as providing a link to a third-party service to sell downloadable PDFs). The Vogate.co.uk will handle billing and other fee interaction with Course Buyers, Training Candidates and Students. When the Sale Currency is different than the Base Currency, Vogate.co.uk will determine the Sale Price using the most recently published Price.

As part of Your participation on Vogate.co.uk, You give Us permission to share Your Course, and information about You and the Course with Vogate.co.uk employees and selected partners, for which You will not receive compensation.

Vogate.co.uk offers certain programs that can help you market your Courses (“Marketing Programs”). Marketing Programs may include, but are not limited to, Vogate.co.uk Deals Program and Marketing Boost Program. Your Course will remain subject to any sales, campaigns, or promotions under any Marketing Programs that apply to Your Course. In addition, you acknowledge and accept that certain sales, campaigns or promotions may be limited in applicability and not all sales, campaigns, or promotions will apply to Your Course.

You may be able to increase Your sales by promoting Your Courses by using a coupon code that You have created on Vogate.co.uk

       8. Payments

We will pay You Eighty percent (80%) of the Net Amount received for Your Course less any applicable deductions such as Student refunds. If Vogate.co.uk changes this percentage, we will provide you thirty (30) days’ notice via email or prominent notice on the Services.

So that Vogate.co.uk can pay you in a timely manner, you must have a PayPal account, a Bank account or stripe account in good standing and keep Vogate.co.uk apprised as to the correct email address associated with your PayPal or correct bank account details. Payment will be made within thirty (30) days from the date when the fee for a Course was received. You are responsible for providing Vogate.co.uk with all identifying information necessary for the payment of amounts due.

As a Course vendor, you are responsible for determining whether you are eligible to be paid by Vogate.co.uk

       9. Refunds

As a Course vendor, you acknowledge and agree that Course Buyers, Training Candidates and Students have the right to receive a refund and such refund must be made within 14 days. Neither Course vendors nor Vogate.co.uk shall receive any payments, fees or commissions for any transactions for which a refund has been granted. In the event that a Student requests a refund for a Course after Vogate.co.uk has sent an Course vendor payment for that Course, Vogate.co.uk reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to that Course vendor, or (2) require that Course vendor to refund any amounts refunded to Course Buyers, Training Candidates and Students for Course vendor’s Course to the extent no additional payments are due from Vogate.co.uk to Course vendor or such payments due to the Course vendor are insufficient to cover the amounts refunded to Course Buyers, Training Candidates and Students.

       10. Deletion of Your Account

If You wish to delete your Course vendor Account, you may do so. We will use commercially reasonable efforts to make any remaining scheduled payments due and owing to You prior to deleting Your Account. You hereby understand and agree that if Student(s) have previously enrolled to Your Course(s), after Your Account has been deleted Your name and such Course(s) will remain accessible to such Course Buyers, Training Candidates and Students who enrolled to Your Course(s). Should You require any assistance or encounter any difficulty in deleting Your Course vendor Account You may also contact Us via email at admin@vogate.com and We will make commercially reasonable efforts to respond to Your request within 24 hours.

       11. Modifications to These Terms

From time to time, Vogate.co.uk may update these Terms to clarify our practices or to reflect new or different practices, such as when We add new features, and Vogate.co.uk reserves the right 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 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 Terms as changed. The revised Terms supersedes all previous Terms.