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AGREEMENT BETWEEN MYNGLE B.V. and THE TEACHER
This Agreement is made between

1. The Teacher

And,

2. Willem de Zwijgerlaan 352 (3D) 1055RD Amsterdam, NL (“Myngle”) a corporation incorporated under the laws of the Netherlands.

In consideration of the mutual covenants made herein, the parties agree as follows:

 

1. Parties:

The Teacher is engaged in the business of teaching language lessons on a freelance basis. Myngle is engaged in the business of offering a online platform in language courses.

 

2. Relationship:

The parties expressly agree and acknowledge that the relationship created by this Agreement is one of Independent Contractor. Myngle is not the employer of the Teacher, and the Teacher is not, and will not be treated as, an employee of Myngle for federal tax purposes, or any other purpose.

 

3. Contract Period:

This Agreement will begin on the date the Teacher agrees with this contract and shall continue until terminated as provided herein by either party. If either party violates a term of this Agreement, then the other party (the "Non-breaching Party") may terminate this Agreement, effective immediately upon delivery of written notice of termination by the Non-breaching Party. Myngle shall have the right to inactivate any profile/account if Myngle sees appropriate and for the benefit of the system and its members without any prior notice.

 

4. Services to be Provided by Party A:

The Teacher agrees to offer his or her teaching services to Myngle.

 

5. Compensation:

Myngle agrees to pay the Teacher at the end of each month the amount of tuition fee paid by the student(s) minus the commission for Myngle . Under no other circumstances will the Teacher be paid on an hourly, daily or other basis that is a function of time. The Teacher acknowledges and agrees that Myngle will only pay the Teacher for teaching language courses to clients of Myngle.

Teachers invited to teach through the Myngle Pro channel or other Myngle Academies are paid a fixed amount depending on the rates at the time of invitation. The fixed remuneration is established between Myngle and the Teacher, independently from the teachers’ own pricing in the main Myngle site.

 

6. Communications

All communications via the platform are in no way private/personal and fall under strict supervision of Myngle. Direct communication between members of Myngle is only possible if the Agreement is accepted. All Myngle members explicitly give their consent for Myngle to check communications for violation of this Agreement and to take action upon violation. The Teacher will not contact the Student outside the platform provided by Myngle and vice versa. No personal (contact) details may be exchanged without prior consent of Myngle.

7. Non-Solicitation

1. During the term and for one year after any termination of this Agreement:

a. on the Teacher's own behalf or in the service or on behalf of others, in any capacity solicit or accept the business of any customer or potential customer of mYngle.
b. on the Teacher's own behalf or in the service or on behalf of others, in any capacity induce or attempt to induce any officer, director, or employee to leave mYngle.


2. The Teacher is, by default and without any recourse to the courts, in breach of the agreement if she/he acts in conflict with the obligations under this article and owes a fine of fifteen thousand Euros (€ 15,000) per violation to Myngle, as well as a fine equal to one thousand five hundred Euros (€ 1. 500) for each day that said violation continues, after having been informed of the violation by mYngle. The owed fines do no limit the right of mYngle to opt for full compensation of damages rather than collecting the fine(s) as described above.

 

8. Information

Myngle finds it very important to ensure that all of the Teacher's personal information is treated with the utmost care and security and according to the Dutch Personal Data Protection Act. Myngle will not give the Teacher's personal information to third parties, except when the information is required for the services that Myngle provides to the Teacher, when necessary for the delivery of an order or when legally obliged/upon request of the authorities. Records of Myngle's website visits are kept for statistical purposes. Information concerning the amount of visitors and visitor frequency to the website of Myngle will be used for internal research and website improvement. However, this general information is anonymous and cannot be traced back to the individual visitor.


The personal data that Myngle collects about its members and users shall be carefully and adequately processed. A Teacher will need to give Myngle its consent before any processing takes place and its personal data will only be used for the purposes stated in this Agreement and/or at the point of collection. Myngle is committed to maintaining the highest standards of personal data protection and will not collect information about a Teacher without its consent.


By using Myngle's website a Teacher expressly gives his consent to Myngle for:


1. Processing personal data so that Myngle can efficiently provide the Teacher with information about new features and services available on the website;


2. Processing personal data to enhance Myngle's services available to the members;


3. Transferring such personal data to offices located in The Netherlands for the purposes of processing by Myngle;


4. using cookies (see below)


In order to measure the success of Myngle's online advertising Myngle use pixels, or transparent GIF files, to establish which of Myngle's online adverts successfully bring people to it's website or the sites of Myngle's affiliates. The GIF files are provided by third parties who provide Myngle with online advertising analysis. This system places a cookie on Myngle's browser when a Teacher enters Myngle's website via an online advert allowing Myngle to see which online adverts bring Myngle the most visitors to its website. The information collected on Myngle's behalf, is anonymous and does not personally identify the Teacher. The information does not contain the Teacher’s name, address, telephone number or e-mail address. Most web browsers automatically accept cookies but a Teacher can change its browser to reject them. Even without a cookie a Teacher can still use Myngle's website. If a Teacher would like to know how to opt-out of the technologies mentioned above the Teacher can contact Myngle's helpdesk.


A Teacher may be contacted by Myngle from time to time in relation to the products and services offered by Myngle.


Unless legally required to do so Myngle will not share personal data of the Teacher with any third parties, who are not mentioned in this clause, without the prior consent of the Teacher.


A Teacher can notify Myngle's customer services if the Teacher wishes to remove or have changes made to his or her processed personal data.

 

9. Copyright

All information on Myngle's website is protected by copyright. It is illegal to infringe any of the intellectual property rights associated with the manufacture, design, branding of any course advertised on the website of Myngle nor introduce any modifications to any of the information supplied by Myngle unless the nature of the deliveries dictates otherwise. Use of Myngle's website does not constitute a licence to use in any way, any of the trademarks owned by Myngle or its licensors, including but not limited to the words Myngle and the Myngle logo.


All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on Myngle's website are the copyright of Myngle or its licensors, where applicable. Permission is granted to Teachers to download and print one copy of the website for their own personal, non-commercial, use. Any other use of the website including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the website without prior written consent from Myngle is strictly prohibited. Last but not least: it is prohibited to create and/or publish a database that features substantial parts of the website without Myngle's prior written consent.

 

10. Taxes

As an Independent Contractor, the Teacher shall be responsible for the reporting, deposit and payment of any and all federal, state, and local taxes, including but not limited to income taxes and unemployment taxes incidental to the performance of, or payment under, this Agreement.

 

11. Code of Conduct

- Teaching Myngle students outside of Myngle classroom is not allowed and will not be remunerated for. Furthermore, in case of discoveries of teachers conducting lessons with Myngle students outside of Myngle classroom, such teachers will be banned from the platform. Any contacts between users should be done via the "Send mail" button on Myngle. Teachers should not disclose their direct contact details in such messaging.

- Teachers commit to behave according to high professional standards, which include - but are not limited to - be present and in time to each and every lesson they teach on Myngle, provide teaching to the best of their capacity...

- Teachers are to respect other teachers privacy and work, showing respect by NOT contacting active students with other teachers of the same / other language

- Freedom is a right for all of us, please respect other people's opinion and religion

- Please refrain from posting meaningless threads on the forum, one word (or short) non-sense posts, or the such.

- Advertising, spamming and trolling is not allowed. This includes using the forum, email, visitor messages, blog comments, picture comments and private message systems to spam other members

- We reserve the right to remove offensive posts without notice

- If you are going to post non-English on the forums, please also post an English Translation of your post, except in ( speak your language ) section of the forum, of course!

- Please use your common sense when using the forum, refrain from short answers, no nonsense chit chat and going off the initial topic. No cross posting ie posting the same topic on other threads, these posts WILL be closed by our moderators.

- In case of dissatisfaction from a student for the services offered by a teacher, Myngle reserves the right to adopt measures intended to preserve the interest of the student first. In case of disagreement between student and teacher on the nature of the issue, both of which seem reasonable and founded, the interest of the student will be taken as primary objective. Terms and conditions for disputes between student and teacher are regulated under the Myngle Student Protection Program.

 

12. If you are teaching Myngle’s own developed courses called "Myngle courses".

By adding or using any of these courses you agree to be bound by the following terms and conditions ("conditions") which you should read carefully. If you do not wish to be bound by these conditions, you may not add or use these courses.


1. You shall not download or print those courses, or to store them for your personal use.

2. You shall not link to any of those courses from another website or a hyperlinked document.

3. You shall not cite any of these courses in any published or unpublished document.

4. You shall not use these pages as data input to software.

5. You shall not publish quotes from these courses without Myngle’s approval.

6. You shall not use any image in those courses.

7. You shall not produce copies or reproductions of the courses and to sell those copies

8. You shall not create derivative courses (works that adapt the original work)

9. You shall not assign your right, to use these courses within the condition stated here, to others.


Myngle shall have the right to end/ stop sharing courses with any teacher any time without prior notice or providing reasons.


Myngle shall have the right to accept or refuse sharing these courses with any teacher without any explanation.

 

13. Force Majeure

Neither party hereto shall be responsible for any losses or damages to the other occasioned by delays in the performance or non-performance of any of said party’s obligations when caused by natural disasters, strike, acts of war, inability of supplies or material or labour or any other cause beyond the reasonable control of the said party.

 

14. Liability and cancellations

Myngle will not assume any liability for any direct or consequential damage, be it physical, material or immaterial, resulting from any defect or malfunction, or incorrect use of its merchandise. When the manufacturer is found liable for faulty or defect merchandise, then Myngle's liability is limited to repair or replacement of the merchandise or reimbursement for the sale price of the merchandise. Furthermore, Myngle is not liable for merchandise that has been deliberately altered, or has not been treated according to the specified merchandise by the consumer. Myngle is not liable for any damage, in any form whatsoever, resulting from the website of Myngle. Nor is it liable for any decisions based on information from the website of Myngle.


If Myngle is unable to supply any goods or services that have been paid for, Myngle will provide a full refund within 28 days of cancellation. If Myngle is obliged to cancel an order that has been partly completed, the refund will be on a pro rata basis. A cancellation may be made due to illness, accident or other reason, such as natural disaster. Every effort will be made to meet the order and find replacement teachers when necessary, but if it becomes necessary to cancel, Myngle's liability is limited to refunding the goods or services that have not been delivered on a pro rata basis.


All of the information on Myngle's website (www.myngle.com) has been carefully compiled. However, there is a chance that certain information is not correct, or complete, or current. Myngle and its partners can not be held responsible for this in any way. Furthermore, Myngle can not be held responsible for information and prices, such as tariffs, information and/or the results of transactions that have been made due to such information, that have been placed on its website by third parties.


The website of Myngle is provides "as is" and Myngle excludes all warranties of any kind to the fullest extent permissible by law and does not guarantee the accuracy or completeness of the website or any information or content that it is free of defects or viruses. The website including the content is unless otherwise stated provided free of charge. Myngle will not be liable to the Teacher or any other person for any loss or damage of any kind which may arise from the unauthorized use of the website of Myngle and the use of any information contained within it. Furthermore Myngle shall not be held liable for any information held on sites which may have links to or from the website of Myngle and which are not maintained and controlled by Myngle. The website of Myngle is intended for the use within the Netherlands, but can be entered from other countries. Myngle cannot make representations that any training referred to on the website is available in every country in the world. Myngle will use reasonable endeavours to ensure that the website is and stays fully operational. Due to the nature of internet, Myngle cannot guarantee that the website will be free from delays, interruptions or errors. Myngle will take all reasonable efforts to ensure that information on the website is correct, but cannot give representations or warranties, express or implied, in relation to the accuracy or completeness of the said information.


Myngle takes precautions to protect personal data collected through the Website but in the event that Myngle's system is infiltrated by unauthorized third parties, Myngle will not be liable for any resulting misuse of the personal data.


Any of Myngle's liability resulting from use of or visiting the website will be limited to direct damages and up to the amount of the price stipulated for the training or course concerned. Liability to indirect damages is in all circumstances excluded.


Without prejudice to the provisions set out above, Myngle will not be liable for damage caused by intentional act or omission or gross negligence by the Teacher.

 

15. Severability

In the event any portion of this Agreement is deemed to be invalid or unenforceable, such portion shall be deemed severed and the parties agree that the remaining portions of this Agreement shall remain in full force and effect.

 

16. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the The Netherlands.

 

17. Entire Agreement

This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and the Agreement shall be amended when The Teacher registers in Myngle.com.

 

18. Counterparts

This Agreement may be executed in counterparts in the same form and such parts so executed shall together form one original document and be read and construed as if one copy of the Agreement had been executed.