Speak Beyond Teaching Service Agreement 

Greetings from Speak Beyond!

Please carefully review this Speak Beyond Teacher Guideline ("Guideline"), thoroughly understand its contents, and acknowledge the rights and responsibilities associated with teacher ("You",or "Teacher Member(s)") membership. Subsequently, kindly select the checkbox to indicate your acceptance of the Terms and Conditions for teacher approval requests during your application as a Teacher Member on the Platform (https://speakbeyond.online and all related domains and subdomains). Speak Beyond is committed to fostering a sense of responsibility and collaboration among all our users, whether they are dedicated teachers or eager learners. Our common objective is to establish a platform where both parties can thrive, benefiting from a mutually advantageous relationship that enhances the quality and reliability of our learning platform.

Teacher Members ("Teacher(s), or "You") are individuals who employ this Platform to showcase their educational and instructional credentials through written, visual, audio, and video content and subsequently enter into Teaching Service Agreements with Student Members. By accessing and utilizing the Speak Beyond website (https://speakbeyond.online and all related domains and subdomains) or any of the Speak Beyond applications (collectively referred to as "Speak Beyond," "Platform," "We," or "Us"), and enrolling as a teacher on this Platform, you hereby acknowledge that you are cognizant of and have had ample time to read, comprehend, and agree to abide by the rights and responsibilities outlined therein.

1. Scope and Modification of Agreement

1.1 You agree to abide by the Speak Beyond User Service Agreement (https://speakbeyond.online/terms-and-conditions) and Privacy Policy (including Supplemental Statement on Privacy Policy) (https://speakbeyond.online/privacy-policy) by registering as a Student Member and then applying to become a Teacher Member on the Platform.

1.2 This Guideline comprehensively incorporates all teacher guidelines, service agreements, privacy policies, Frequently Asked Questions (FAQs), Q&As, promotional terms, and other guidelines and policies that are displayed or published on this Platform. Furthermore, it includes those published on any third-party websites managed by this Platform (e.g., the Platform's blog) or on social media accounts managed by this Platform (e.g., Facebook, Instagram, and other social media accounts managed by this Platform).

1.3 In order to ensure the smooth operation of this Platform's business activities and protect consumer rights, this Platform retains the right to update, amend, and supplement this Guideline as necessary. Each such update, amendment, or supplement shall be considered an integral part of this Guideline.

2. The Range of Services

2.1 You acknowledge and agree that Speak Beyond operates as a matching service and is not a party to any Teaching Service Agreement. Teacher Members are solely responsible for their own words and conduct on this Platform. Teacher Members are not considered employees or agents of Speak Beyond, and they are not authorized to initiate legal proceedings on behalf of this Platform without prior written consent.

2.2 You acknowledge and agree that all teaching services are exclusively provided by Teacher Members and not by Speak Beyond. Speak Beyond serves as a platform that may assist Teacher Members in enhancing the quality of their teaching services.

2.3 In the event of a dispute between a Student Member and a Teacher Member, Speak Beyond will offer assistance in clarifying and resolving the dispute in accordance with the dispute resolution provisions outlined in Article 11 of these Guidelines.

3. Membership Qualifications

3.1 This Platform is only available to individuals who are at least 13 years old and have the legal capacity to enter into binding contracts; unless applicable laws state otherwise. If you are a person with limited capacity, please obtain the consent of your legal guardians before using this Platform and have your legal guardians be responsible for your behaviour on this Platform.

3.2 In order to apply for teacher membership, you are required to provide the following documentation: (a) a profile photo, (b) identification document, (c) resume and supporting documents, (d) language teaching certificates or other proof of qualifications, and any other relevant information necessary for this Platform to assess the teacher's qualifications. If any of the documents are incomplete or their authenticity is uncertain, this Platform reserves the right to request additional information from the applicants, in accordance with Article 10.1 and 10.2 of the User Service Agreement.

3.3 This Platform retains the right to approve or deny teacher memberships. In the event that your application to become a Teacher Member is denied, this Platform may reject your application based on its sole discretion.

4. Responsibilities of Teacher Members

You agree to comply with the following Teacher Member obligations. If you do not agree with any of the following terms and conditions, please discontinue use of this Platform and contact us to terminate your Teacher Member account and for further assistance:

4.1 You are prohibited from registering or using more than one account simultaneously on this Platform. Furthermore, you may not make your account available for use by any third party, whether for a fee or without charge.

4.2 You are responsible for ensuring the authenticity, completeness, and legality of the registration details, documents submitted for registration purposes as outlined in Section 5.2 of this Guideline, and any information provided to this Platform. You are also required to keep this information up-to-date as requested by this Platform.

4.3 You are solely responsible for all activities and transactions conducted through your Teacher Member account. It is your responsibility to safeguard your account on this Platform, maintain its security, and ensure the accuracy of your account information. In the event of any errors or unauthorized access, you must promptly notify this Platform and provide all relevant information necessary for investigation.

4.4 As a Teacher Member of this Platform, you are prohibited from teaching any language, skill, or academic subject online for any other online learning platform, teacherial school, or educational institution.

4.5 You should be responsible for paying for any electronic devices and equipment and network connection (collectively as "equipment") access for receiving or delivering lessons through this Platform and shall ensure their availability. The Platform shall bear no costs and/or losses incurred if you are unable to attend owing to technical errors or difficulties that are not attributable to the Platform; you will not be entitled to a tuition refund for such classes.

4.6  You must not alter, remove, or destroy the Platform's data or hardware using bots or any other automated means. You are not permitted to take advantage of security flaws (if any) in the platform's design, get over encryption to modify, remove, or gather data, or employ any other methods that might impair the platform's functionality.

4.7 You are required to demonstrate professionalism and adhere to scheduled lessons punctually.

4.8 It is imperative to promptly update the availability calendar upon becoming aware of any unavailability.

4.9 It is your responsibility to promptly review all notifications sent by this Platform or sent to the email account registered as a Teacher Member on the Platform. These notifications may include, but are not limited to, private messages from Student Members or the Platform's admin, rescheduling or cancellation procedures, system updates, and other relevant information. Additionally, you are required to periodically review the Platform's service processes, website policy announcements, and maintain regular access to the Platform.

4.10 You must uphold the privacy and confidentiality of student information and records, in accordance with data protection regulations. Obtain the necessary consent for the use of any student data or recordings and ensure compliance with applicable laws and regulations regarding data protection.

4.11 During a lesson or while using this Platform, you are strictly prohibited from publicly uploading, transmitting through private messages, or utilizing any external website, app, or communication software not provided by this Platform to share inappropriate, pornographic, defamatory, false, verbally abusive, illegal, or any other content or engage in behavior that may cause a negative reaction in others.

4.12 Posting or engaging in any comments or actions that are harassing, damaging, menacing, or stalking towards other users of this platform is strictly prohibited.

4.13 You must refrain from from making discriminatory remarks or engaging in discriminatory behaviour against Members of this Platform based on their race, place of birth, religion, social class, language, gender, sexual orientation, age,  ideology, political opinion, ancestral home, marriage, appearance, facial features, physical and mental disabilities, horoscope, blood type, or any other characteristic. Discrimination through your words or actions is strictly prohibited.

4.14 You are prohibited from engaging in any activities that may be deemed inappropriate by this Platform:

4.14.1 You are strictly prohibited from engaging in any activities that would encourage, entice, or use any means to persuade other Student Members or Teacher Members to leave the Platform. 

4.14.2 Additionally, you are prohibited from requesting or facilitating payment from Student Members outside of the Platform. Furthermore, the Service may not be used for fraudulent or unlawful transactions.

4.14.3 You are responsible for maintaining the functionality and operation of the teaching reviews. You are strictly prohibited from engaging in any form of coercion, intimidation, or using incentives, discounts, coupons or gift cards to improperly influence student members to provide false or misleading teaching reviews.

4.14.4 You are expressly prohibited from infringing upon the copyrights, trademarks, patents, trade secrets, or any other intellectual property rights of others, including the rights of the Platform, Teacher Members and Student Members. This prohibition extends to unauthorized use, reproduction, distribution, or modification of any protected intellectual property, including but not limited to lesson video recordings conducted by other Teacher Members, materials created and prepared by other Teacher Members, and any other intellectual property present on the Platform.

4.15 The use of this Platform for any purpose other than its intended educational services is strictly prohibited: (a) Establish any relationship between the Student Member and any Teacher Member; (b) Enroll or register the Student Member in any Content Provider institution or in any Content Offering offered by any Teacher Member institution; (c) Entitle the Student Member to utilize the resources of any Teacher Member institution beyond participation in the Service provided by the Platform.

4.15.1 Without the express written consent of this Platform, you are not permitted to promote for-profit or non-profit activities for yourself or any third party on this Platform.

4.15.2 Student Member(s) that are unrelated to the lessons. This includes requesting or providing personal contact information such as phone numbers, email addresses, or social media contacts. Any violation of these provisions may result in severe consequences, including the termination of your account on the Platform. In addition, legal action may be pursued against users who engage in such prohibited behaviors.

4.16 Engaging in any actions to evade or avoid paying associated fees and/or expenses is prohibited.

4.17 In the event of a disputed payment or refund, you are obligated to fully cooperate with this Platform and provide relevant information for the purpose of investigation.

4.18 You are required to comply with the promotion terms and policies of this Platform, including but not limited to sales strategies implemented by this Platform, third-party websites managed by this Platform (e.g., the Platform's blog), or social media accounts managed by this Platform as authorized (e.g., Facebook, Instagram, or other social media accounts managed by this Platform).

4.19 It is your responsibility to comply with this Guideline in good faith and in accordance with the local laws and regulations applicable in your location. You must not engage in any activity that may cause harm to this Platform, other Members, or any third party.

5. Lesson Income and Administrative Charges

5.1 You may set a per-lesson lesson fee based on your teaching experience and the time needed for preparation and reserve the right to adjust the fees at any time. However, the adjustment to the fees will not apply to the existing Order(s).

5.2 You acknowledge that Student Members have the option to participate in a complimentary trial session to share their learning goals, assess their language proficiency, familiarize themselves with your teaching style, and discuss their learning objectives with you, without any associated charges, prior to officially purchasing paid Order(s).

5.3 You bear sole responsibility for utilizing the services available on this Platform to offer Student Members a discounted per-lesson lesson fee. The Platform shall not assume any liability for any losses or financial damages resulting from such actions.

5.4 You are strictly prohibited from using any rewards or promotions provided by this Platform, including but not limited to Gift Cards, Coupuns or per-lesson discounts, for illegal personal gain or on behalf of a third party. Additionally, you may not utilize the sales and incentive policies provided by this Platform in any manner that is not expressly permitted by this Platform.

5.5 You are exclusively responsible for the procurement and provision of gift cards to specific Student Members, at any specified amount, for their future utilization. It is important to note that any misuse of the provided gift cards by Student Members, including but not limited to the purchase of lessons from other Teacher Members or the transfer of gift cards to other Student Members, shall not hold the Platform liable for any losses or financial damages incurred as a result of the gift card usage.

5.6 You understand and agree that your lesson fee income on this Platform will be calculated based on the undisputed Orders that you have successfully completed. In the event that a dispute arises and is escalated to the Platform for a final decision, the Platform reserves the right to deduct a portion of the refund from your income and reimburse the Student Member involved, as deemed necessary by the Platform. 

5.7 This Platform retains the right to modify the percentage of the platform service fee and discount offers as deemed necessary, and you agree to accept such modifications. However, it is important to note that these modifications will not be applicable to previously placed Orders.

5.8 The term "Order(s)" mentioned above pertains to the specific details outlined on the payment page, including the lesson count, lesson(s) duration, item price, teach language, and total cost. Each order is confirmed individually after a Student Member completes the payment information as provided on the transaction page.

6. Withdrawal

6.1 At Speak Beyond, Beyond Credits in a Teacher Member Beyond Wallet are cumulative. You are permitted to withdraw Beyonds Credits from your Beyond wallet and have them deposited as cash into your personal account. You acknowledge that you can request a withdrawal with a minimum interval of 15 days between each request. 

6.2 You acknowledge and agree that you are responsible for any bank transfer fees associated with the withdrawal of Beyond Credits, as described above.

6.3 This Platform reserves the right to modify the rules for withdrawing tuition income to align with current business conditions and requirements.

7. Refund, Rescheduling and cancellation

7.1 You are subject to a limit of two instances of lesson cancellation or rescheduling per month. This policy is implemented to safeguard the rights of Student Members and prevent arbitrary cancellations by Teacher Members. 

7.1.1 If you exceed the limit of two cancellations or rescheduling, the Platform reserves the right to request partial compensation of the lesson fee. The initial compensation percentage will be set at 20% and will increase progressively with each subsequent breach. 

7.2 It is a requirement for you to initiate a reschedule request to the student through the Platform's message system and submit a designated form for official notification to the Platform, therein providing a minimum notice period of 72 hours prior to the scheduled lesson start time. 

7.3 During your application for lesson rescheduling or cancellation, the Platform requires valid and genuine evidence to substantiate your need for such actions. Valid evidence should be submitted through the designated form provided by the Platform to facilitate the notification of Student Member regarding your request. Failure to comply with this requirement and requesting cancellation or rescheduling without prior notice to the Platform will be deemed as a failure to fulfill your responsibilities as a Teacher Member. As a result, the consequences will be determined by the discretion of the Platform, which may include but are not limited to the suspension of your Teacher Member's account and, in certain cases, necessary compensation to Student Members and the Platform. In severe instances, it may lead to the termination of your contractual agreement with the Platform as a Teacher Member.

7.4 The Platform shall facilitate the return process by allocating Wallet Credits (referred to as "Beyond Credits") to the Teacher Member’s Wallet (referred to as "Beyond Wallet") based on specific conditions resulting from cancellations or rescheduling requests made by Student Members:

7.4.1 In the event of a cancellation by Student Members within 50 hours prior to the scheduled start time of the lesson, the Platform shall provide an 10% refund of the lesson fee credited to the Teacher’s Beyond Wallet. The refund amount will be determined by multiplying the refund percentage by the post-discounted lesson fee per class, after deducting surcharges and currency conversion rate chargebacks as stipulated in the Teaching Service Agreement.

7.4.2 If a cancellation is made by Student Members within 36 hours before the lesson start time, the Platform shall issue a 25% refund of the lesson fee credited to the Teacher’s Beyond Wallet. The refund amount will be determined by multiplying the refund percentage by the post-discounted lesson fee per class, after deducting surcharges and currency conversion rate chargebacks as per the terms outlined in the Teaching Service Agreement.

7.4.3 If a cancellation is made by Student Members within 50 hours upon request from Teacher Members, The Platform shall facilitate a complete refund of the lesson fee by adding Wallet Credits (referred to as "Beyond Credits") to the Student Beyond Wallet.

8. Ownership of Information and Secure Access

8.1 All copyright, trademark, patent, and other rights, unless expressly granted by this Guideline, that have not been applied for are the exclusive property of this Platform or third parties who have granted permission for their use.

8.2 The copyright and materials ("Teacher Member's Contents") that you create and upload, save, and publish on this Platform or provide through this Platform shall remain your property, provided that the aforementioned provisions are adhered to. You hereby represent and warrant that the Teacher Member's Contents are solely owned by you and do not infringe upon any third party's rights.

8.3 In the event that you discover any infringement on the ownership of your content on this Platform, please promptly notify Speak Beyond and provide supporting evidence so that appropriate assistance may be provided.

8.4  By using this Platform, you grant this Platform an irrevocable, perpetual, non-exclusive, transferable, and royalty-free right to use your Teacher Member's Contents. This includes, but is not limited to, the rights to review, reproduce, modify, publish, distribute, publicly describe, publicly broadcast, publicly display, publicly demonstrate, and publicly exhibit your Teacher Member's Contents.

8.5 You acknowledge and agree that this Platform is an open platform with an indeterminate number of users. Consequently, all materials you upload, including but not limited to records of your course or non-course related communication with other Members via this Platform, personal teaching experience, resume and supporting documents, teaching videos disclosed and published by you on this Platform, as well as process records and course ratings disclosed by this Platform, are subject to this expectation.

8.6 You acknowledge and agree that, in order to maintain adherence to the business guidelines and ensure user safety on this Platform, this Platform may store and review all member activities on this Platform. This includes, but is not limited to, personal information published by you on this Platform, course feedback, your class records and recordings, your communication history with this Platform, and your communication history with other Members via this Platform, irrespective of their format (text, image, or audio files).

8.7  You acknowledge and agree that, in case of a copyright dispute related to a teacher member's content, violation of the User Service Agreement, or any interference with another member's access to this Platform, this Platform reserves the right to suspend or remove your privilege to upload, save, and publish materials. Furthermore, the Platform reserves the right to suspend or terminate your access to or use of all or part of this Platform.

9. Damages liability and ceiling

9.1 The Platform acknowledges its liability for damages incurred by Teacher Members that are directly attributable to the Platform, up to the total amount of the respective Order. It is important to note that such damages do not encompass the loss of anticipated gains resulting from the execution of the Teaching Service Agreement. In cases where multiple Teacher Orders are involved and damages arise, culpability will be assessed based on the most recent Order. This limitation on damages is implemented to protect the Platform's interests and ensure fair and reasonable compensation in the event of any liability.

10. Legal Consequences of Violation of this Service Agreement

10.1 In the event that a Teacher Member violates the terms of the Teaching Service Agreement, the Platform reserves the right to take the following actions, among others:

10.1.1 At its discretion, promptly suspend or remove any content uploaded, stored, or published by the Teacher Member on the Platform or any other platforms controlled by Speak Beyond

10.1.2 Suspend or terminate, in whole or in part, the Teacher Member's right to access or use the Platform due to violation of the terms and conditions stated herein (e.g., revoking the Teacher Member's ability to use Beyond Credits or attend purchased lessons)

10.1.3 Terminate the TeacherMember's access to the Platform

10.1.4 Close the account of the Teacher Member found in violation

10.1.4 and seeking restitution for injury.

10.2 In the event of a breach of this Teaching Service Agreement by a Teacher Member, Speak Beyond may, at its sole discretion, take any or all of the measures described in Article 10.1 as a response.

10.3 If a Teacher Member's account is temporarily suspended, the Teacher Member's access to the Platform will be restricted.Once the Teacher Member has complied with the necessary requirements, the Platform may reactivate the Teacher Member's account, allowing them to resume accessing and using the Platform.

10.4 If a Teacher Member's account is terminated permanently, they will be prohibited from future use of the Platform. The Platform retains the right to immediately suspend or delete the account of any Teacher Member. Upon termination, the Teacher Member will no longer have the ability to access, modify, or delete any information posted or stored on the Platform. The Teacher Member shall not be entitled to file any claim for damages arising prior to the termination.

10.5 The Teacher Member is responsible for fulfilling all payments owed to the Platform. Any attempt to evade lesson incomes, or encourage others to do so shall result in further legal action by the Platform to recover the outstanding payments.

10.6 In the event of a violation of this Guideline resulting in damage to this Platform, you acknowledge and agree that this Platform has the right to deduct the compensation demanded by this Platform from your lesson income. After the liability of each party is clarified, this Platform will return the remaining balance without interest.

11. Resolution of Conflict

11.1 The services provided by the Platform are designed to facilitate the connection between Student Members and Teacher Members and facilitate the establishment of Teaching Service Agreements. It is the general practice of the Platform to refrain from intervening in disputes arising under the Teaching Service Agreement between Student Members and Teacher Members, unless the disputes are escalated by Student Members to the Platform for final resolution.

11.2 In exceptional circumstances, either the Student Member or the Teacher Member may submit a written notice to the Platform regarding any refund-related issues arising from the Teaching Service Agreement. These issues will be subject to the Platform's designated dispute resolution procedure. However, it is essential that such issues are reported within 48 hours after the dispute arises. Failure to comply with this timeframe may result in the Platform's refusal to handle the matter.

11.3 In resolving a dispute, both parties are required to present relevant evidence substantiating their respective claims. In cases where warranted by the circumstances, the Platform may request both parties to participate in an oral presentation at a designated location. The resolution of the dispute shall be documented in writing.

11.4 The Platform shall assess all available evidence and determine whether to proceed with the execution of the Teaching Service Agreement. In the event that either party has legitimate reasons to terminate the Teaching Service Agreement, the Platform may make appropriate adjustments to the disputed Order or issue a credit refund to the affected member's Beyond Wallet for the disputed Order. In cases where the facts are unclear and definitive conclusions cannot be reached, the Platform may engage in negotiations both parties concerning compensation and, if necessary, provide a refund in the form of Beyond Credit to the affected member's Beyond Wallet.

12. Termination of Teacher Instruction

12.1 You may submit a request to terminate your teacher membership at any time to cease providing teaching services for Student Members on this Platform. 

12.2 Prior to termination, the Teacher Member is solely responsible for the obligations below:

12.2.1You are responsible for completing all Orders prior to termination.

12.2.2 You are solely responsible for withdrawing your complete funds from your Beyond Wallet.

12.3 Once the termination is initiated by the Student Member, the Platform shall not entertain any claims or provide any remedies for damages or losses arising from the aforementioned failure to complete the necessary processes.

12.4 The Platform shall not be held liable for any damages or losses incurred by the Teacher Member as a result of their failure to complete the fund withdrawal before terminating their service.

12.5 In order to maintain quality services, this Platform reserves the right to retain and utilize the conversation history, class recordings, and any other relevant teaching support materials that you have generated during your tenure on the Platform. Additionally, this Platform may retain and utilize any other information that you have published or uploaded to the Platform prior to termination.

12.6 The provisions of Article 8, 9 and Article 10 shall survive the expiration of this Agreement. 

13. Exclusion and Liability

13.1 The Platform does not guarantee the legitimacy, security, accuracy, or suitability of any materials, advertisements, or other information provided by third parties, except for those provided directly by the Platform for conducting business.

13.2 The Platform does not guarantee the uninterrupted or error-free provision of services due to errors or actions of third-party suppliers. It may temporarily suspend or interrupt its services due to maintenance, upgrades, technical issues, or other factors beyond its control.

13.3 The Platform does not guarantee the uninterrupted or suspended provision of services caused by events beyond its control, including but not limited to war, major fires, floods, typhoons, earthquakes, or epidemics of contagious diseases.

13.4 These exclusions and limitations of liability shall apply to the fullest extent permitted by law, and if any provision is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect. By using the Platform's services, all Student Members and Teacher Members acknowledge and agree to these exclusions and limitations of liability.

14. Miscellaneous

14.1 The Platform's failure to exercise any rights under the Service Agreement shall not be construed as a waiver of those rights. If any provision of the Service Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue to be binding and enforceable to the fullest extent permitted by law.

14.2 The Service Agreement and the Terms of Service shall be governed by and construed in accordance with the laws of Malaysia. The Platform and the Members consent to the non-exclusive jurisdiction of the courts of Malaysia for the resolution of any legal disputes arising under the Service Agreement or the Terms of Service.

14.3 You acknowledge that all communications between you and the Platform will be conducted through the email address provided during registration on the Platform.

14.4 If you have any inquiries or questions regarding the Service Agreement, please contact the Platform's customer service, through the website's customer service messaging box or by email at teachers@speakbeyond.online.The Platform reserves the right to refuse to handle inquiries that do not meet the formal requirements or criteria.

14.5 The specified dates and timings in this Teaching Service Agreement are in the GMT+8 time zone.

14.6 Any disputes pertaining to the rights and obligations between this Platform and its Members arising from the use of this Platform shall be resolved through the member submitting a request for dispute resolution to this Platform and engaging in negotiation.

14.7 This Guideline shall be governed by and construed in accordance with the laws of Malaysia. Both the Platform and the Members consent to the non-exclusive jurisdiction of the courts of Malaysia for the resolution of any legal disputes arising under the Teacher Guideline or the Terms of Guideline.

14.8 The Company reserves the right to modify this Teaching Service Agreement as necessary, taking into account business needs and regulatory changes. Your continued use of our Service after receiving such notice constitutes your approval and consent to the revised version of this Agreement.