Terms and Conditions

Terms and Conditions

Please read these Terms and Conditions carefully before using the Curriculo website. If you don't agree to or accept these terms and conditions, you are not allowed to use the site. These terms apply to all visitors, users and others who access or use the site.

By continuing to use the Curriculo site, you are telling us that you agree to the terms and conditions. Just to make sure, when you create an account we will ask you to confirm that you agree.

If you are a teacher or course creator, there is a section of the terms and conditions for you below with items that pertain specifically to you, but the entire Terms and Conditions document applies to everybody.

Purchases

Your teacher or course creator may have an arrangement with us where you pay for your access to their course by PayPal. If this is the case, you'll be redirected to PayPal to complete your purchase. We don't collect or store your credit card information and you should never enter it directly on the Curriculo site. Once you have completed the PayPal payment, there will be no refunds.

Content

We let teachers and students post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You are responsible ensuring that anything you post is appropriate and relevant to the course(s) you are enrolled in. Your instructor(s) or manager(s), as well as Curriculo staff, have the ability to view and access any written content, photos, videos, URL links, or files that you post or upload to the site. Content that is deemed inappropriate or harmful will be removed and your account may be suspended or deleted. We are not a college, university or academy. We do not award degrees, certifications or continuing education hours. Students who receive degrees, certifications or continuing education hours receive them directly from the authority of the institution sponsoring and/or conducting the course. In courses where certificates of completion are issued, these certificates only certify that the student has completed the requirements as set by the course teacher or manager. We deny any responsibility or involvement with the issuance of certifications, degrees or continuing education hours. Course content is provided and maintained by the course teacher or manager, or the agency or institution which the teacher or manager represents and all responsibility for the content of each course, including without limitation, resources, test/quiz questions, assignments and URL links lies with the teacher or manager of the course.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Xcellable, LLC. Xcellable, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Xcellable, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Data Security

We perform routine backups of the entire site to ensure smooth operation and security of data uploaded. It is highly recommended that each course manager, instructor or sponsor perform additional backups of their course to safeguard their individual course data. Threats to user data may come from malicious acts or technology failure, including without limitation a physical failure of server equipment or system upgrades that cause compatibility issues with 3rd party plugins, rendering data inaccessible. 

All users agree to not attempt or allow others to attempt to bypass or circumvent any security feature or security related feature of the site. Furthermore, any use of the site other than what is considered a normal function is strictly prohibited. Any attempt to bypass a security feature may result in suspension of user privileges, termination of contract and/or assignment of financial liability for any damages caused by misuse of the system.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms, please contact us.

For Teachers and Course Creators:

We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

So in short;

You the customer, (“You”) are hiring us Curriculo (“We or Us”) to:

  • Provide hosting for a Moodle educational course.

For the estimated total price as outlined in our previous correspondence.

Of course it’s a little more complicated, but we’ll get to that.

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.

Hosting

We implement the look-and-feel design of the site, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We use Moodle software to power the site. We are offering, and you are accepting, the creation of a Moodle course, which you will use for your own business or personal purposes. We will maintain the software, site and server (if on site, if not we will contract with another company to do so). You will be responsible for the management of your course(s).

Content

Unless agreed separately, we’re not responsible for inputting text, images, documents or other data into your course or creating every resource or activity in your course. If you need some template-style course content that is available to be imported to your course and modified for your own purposes and we are happy to provide a separate estimate for that. We do not provide instructional services to your students or employees.

Backups

We perform regular backups of the entire site. We strongly recommend that you perform routine backups of your individual course(s). We won’t be responsible for any lost data as a result of improper backups. We also can’t be responsible for damages caused by malicious acts or accidental failures of server hardware. We take reasonable steps to protect the confidentiality of the data contained within your course, but we can’t protect against every possible security breach. For this reason, we strongly urge you and your students to NOT upload sensitive information like identity-related documents, financial information or medical records.

Content Restrictions

For the most part, we don’t restrict the content of your course. We do draw the line at explicit content, pornography, vulgarity, obscenity, racism, hate and promotion of illegal activity, just to name a few. If we see that your course contains any material that violates any applicable laws or damages the reputation of our company or the website, we reserve the right to remove the content and/or terminate your contract immediately. Religious or political content is acceptable, as long as it is academic in nature.

We don’t allow you to upload video files or any other single item that exceeds 32MB in size. This is to help alleviate the workload of our servers. What you can do is upload your videos to YouTube or another hosting service and embed the video in an HTML page or a lesson for students to view/access, or provide a URL link for students to be redirected to the YouTube or other hosting service site to view the content.

The privacy of users is important to us. We require strong passwords to help protect against malicious individuals accessing our system. With that said, you must do your part as well by not putting sensitive identity or financial information on our servers that could be stolen in the event of a security breach. In addition, we both agree to be bound by the Terms of Service and Privacy Policy that is in place currently and any updates to those terms or policies in the future. When we update our Terms of Service or Privacy Policy, all users will be notified via email and the updated terms and policies will be effective upon notification, unless specified to go into effect on a different date/time.

Technical support

We do not offer training on the use of Moodle to students or employees. If you want to create a short tutorial to post in your course to help your students learn to make the most of the site, you are welcome to do so. If you need to complete a task and can’t figure out how to do so, you can contact our support team by email and we’ll help you. We don’t provide technical support directly to your students, and we won’t reset quiz or assignment attempts or bypass any restrictions you have in place, whether you intended to have those restrictions or not. What we will do is contact the teacher of the course and make them aware of the request from the student and make sure the teacher knows how to perform the necessary actions to resolve the request. We will provide students with technical support related to enrollment or general site issues.

Marketing

We don’t offer marketing services to help fill courses with students. We don’t advertise on your behalf. Your company logo or name will be placed inside a white/blue outline of our logo to be used as the course image. This image will appear on our homepage to help students identify your course, along with the course title and any teacher names associated with the course. You are responsible for your own marketing and advertising efforts to gain students.

Legal stuff

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other content you provide are either owned by your good selves, or that you’ve obtained permission to use them. When you provide text, images or other content in your course, you agree to protect us from any claim by a third party that we’re using their intellectual property.

Secondly, we guarantee that you will own and retain ownership of your course content. It is yours to use, manipulate or ignore, if you so choose. We won’t copy your content to use for other customers, or knowingly allow someone else to do so.

Payment schedule

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

We issue invoices electronically. Our payment terms are 30 days from the date of invoice by PayPal. All proposals are quoted in USD and payments will be made in USD.

We reserve the right to charge a late fee of $25 per month for overdue invoices. Unless we have a different agreement in writing, our billing department will access your course on or around the 20th day of each month and count the number of active students and teachers, and you will be invoiced for those enrollments. Suspended or unenrolled accounts are not counted. That invoice will be due on the 1st day of the following month.

But where’s all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission. We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Tennessee State courts.



Last modified: Saturday, 14 March 2020, 12:33 AM