These Content Creator Terms were last updated January 21, 2021.
As a Content Creator, you are contracting directly with Ricasi Consultancy Limited (a Kenyan private corporation registered under the laws of the Republic of Kenya).
1. Content Creator Obligations
As a Content Creator, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements, events you create, list, manage and/or facilitate (“Submitted Content“).
You represent and warrant that:
- you will provide and maintain accurate account information;
- your Submitted Content will not infringe or misappropriate any third party’s intellectual property rights;
- you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to offer the services that you offer through your Submitted Content and use of the Services; and
- you will ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
You warrant that you will not:
- post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
- post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
- use the Services for business other than providing tutoring, teaching, instructional and professional events services to students and event attendees;
- engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
- frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
- impersonate another person or gain unauthorized access to another person’s account;
- interfere with or otherwise prevent other Content Creators from providing their services; or
- abuse Ricasi Consultancy Limited resources, including support services.
2. License to Ricasi Consultancy Limited
Unless otherwise agreed (including within our Promotions Policy), you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, Ricasi Consultancy Limited’s right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content’s removal. However, (1) rights given to students before the Submitted Content’s removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) Ricasi Consultancy Limited’s right to use such Submitted Content for marketing purposes shall survive termination.
We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant Ricasi Consultancy Limited permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or Ricasi Consultancy Limited’s content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
3. Trust & Safety
3.1 Community Guidelines
You agree to abide by Ricasi Consultancy Limited’s Community Guidelines and other quality standards or policies prescribed by Ricasi Consultancy Limited from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to Ricasi Consultancy Limited’s approval, which we may grant or deny at our sole discretion.
We reserve the right to Submitted Content, suspend payouts, and/or ban Content Creator for any reason at any time, without prior notice, including in cases where:
- a Submitted Content falls below our quality standards or has a negative impact on the student and event attendee experience;
- a Content Creator engages in behavior that might reflect unfavorably on Ricasi Consultancy Limited or bring Ricasi Consultancy Limited into public disrepute, contempt, scandal, or ridicule;
- a Content Creator engages the services of a marketer or other business partner who violates Ricasi Consultancy Limited’s policies; or
- as determined by Ricasi Consultancy Limited in its sole discretion.
3.2 Co-Instructors and Teaching Assistants
The Ricasi Consultancy Limited platform allows you to add other users as co-instructors or teaching assistants for Submitted Content that you manage. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your RTDC account and Submitted Content. Ricasi Consultancy Limited is not able to advise on any questions or mediate any disputes between you and such users. If your co-instructors have an assigned revenue share, their share will be paid out of your earned revenue share based on the ratios you have specified in your Course Management settings as of the date of the purchase.
3.3 Relationship to Other Users
Content Creators don’t have a direct contractual relationship with students and event attendees, so the only information you’ll receive about students and event attendees is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the RTDC platform, and that you won’t solicit additional personal data or store students’ personal data outside the RTDC platform. You will indemnify Ricasi Consultancy Limited against any claims arising from your use of students’ and event attendees’ personal data.
3.4 Anti-Piracy Efforts
We partner with anti-piracy vendors to help protect your courses from unauthorized use. To enable this protection, you hereby appoint Ricasi Consultancy Limited and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your Submitted Content, through notice and takedown processes (under applicable copyright laws) and for other efforts to enforce those rights. You grant Ricasi Consultancy Limited and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.
You agree that Ricasi Consultancy Limited and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to [email protected] with the subject line: “Revoke Anti-Piracy Protection Rights” from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.
4.1 Price Setting
When creating a Submitted Content, you are required to select a price (“Base Price“) for your Submitted Content from a list of available price tiers listed in our Promotions Policy. Alternatively, you may choose to offer your course for free. As a premium Content Creator, you will also be given the opportunity to participate in certain promotional programs under the terms of our Promotions Policy (“Promotional Programs“).
If you do not opt to participate in any Promotional Programs, we will list your Submitted Content for the Base Price or the closest local or mobile app equivalent (as detailed below).
When a student purchases using a foreign currency, we will convert the relevant Base Price or Promotional Program price into the student’s applicable currency using a system-wide foreign currency conversion rate set by Ricasi Consultancy Limited. Since the foreign currency conversion rate is fixed, those conversion rates may not be identical to the applicable market rate in effect when a transaction is processed. We reserve the right to update the foreign currency conversion rate at any time.
You give us permission to share your Submitted Content for free with our employees, with selected partners, and in cases where we need to restore access accounts who have previously purchased your courses. You understand that you will not receive compensation in these cases.
4.2 Transaction Taxes
If a student or event attendees purchases a product or service in a country that requires Ricasi Consultancy Limited to remit national, state, or local sales or use taxes, value added taxes (VAT), digital tax or other similar transaction taxes (“Transaction Taxes“), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due.
4.3 Promotional Programs
Ricasi Consultancy Limited offers several optional marketing programs (Promotional Programs) in which you can choose to participate, as detailed in our Promotions Policy. These programs can help increase your revenue potential on RTDC by finding the optimal price point for your Submitted Content and promoting them through additional marketing channels.
There is no up-front cost to participate in these programs, and you can modify your participation status at any time, though changes you make will not apply to currently active campaigns.
5.1 Revenue Share
When a student or event attendee purchases your Submitted Content, we calculate the gross amount of the sale as the amount actually received by Ricasi Consultancy Limited from the student or event attendee (“Gross Amount“). From this, we subtract any Transaction Taxes, a 5% administrative and handling fee for checkout sales, and any amounts paid to third parties in connection with the Promotional Programs to calculate the net amount of the sale (“Net Amount“).
If you have not opted into any of Ricasi Consultancy Limited’s optional Promotional Programs, your revenue share will be 35% of the Net Amount less any applicable deductions, such as student or event attendee refunds. If we change this payment rate, we will provide you 30 days notice using prominent means, such as via email or by posting a notice through our Services.
If you opt into any of the Promotional Programs, the relevant revenue share may be different and will be as specified in the Promotions Policy.
Ricasi Consultancy Limited makes Content Creator payments in Kenya Shilling (KES) for Content Creators in Kenya and US Dollar (USD) for Content Creators in other countries regardless of the currency with which the sale was made. We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in USD).
5.2 Receiving Payments
For us to pay you in a timely manner, you must either own a mobile phone number with an active mobile money wallet account registered under your name, PayPal account in good standing, an MPESA mobile wallet account or an active bank account maintained in your name and must keep us informed of the correct email associated with your account. You must also provide any identifying information or tax documentation necessary for payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.
Depending on the applicable revenue share model, payment will be made within 45 days of the end of the month in which (a) we receive the fee for a Submitted Content, or (b) the relevant Submitted Content consumption occurred.
As a Content Creator, you are responsible for determining whether you are eligible to be paid. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
If we cannot settle funds into your payment account after the period of time set forth by the Unclaimed Financial Assets Act, No 40 of 2011 of the laws of the Republic of Kenya, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the Unclaimed Financial Assets Authority (UFAA), as required by law.
If a student or event attendee asks for a refund after we have paid the relevant Content Creator payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the Content Creator, or (2) where no further payments are due to the Content Creator, or the payments are insufficient to cover the refunded amounts, require the Content Creator to refund any amounts refunded to students or event attendees for the Content Creator’s Submitted Content.
While you are a published Content Creator and subject to the requirements below, you may use our trademarks where we authorize you to do so.
- only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;
- only use our trademarks in connection with the promotion and sale of your Submitted Content or your participation on RTDC; and
- immediately comply if we request that you discontinue use.
You must not:
- use our trademarks in a misleading or disparaging way;
- use our trademarks in a way that implies that we endorse, sponsor, or approve of your Submitted Content or services; or
- use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
7. Deleting Your Account
If you wish to delete your Content Creator account, kindly get in touch with us through [email protected]. We’ll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if students or event attendees have previously enrolled in your Submitted Content, your name and that Submitted Content will remain accessible to those students after your account is deleted.
8. Miscellaneous Legal Terms
8.1 Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Ricasi Consultancy Limited reserves the right in its sole discretion 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 through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
8.2 Relationship Between Us
You and we agree that a joint venture, partnership, employment, contractor, or agency relationship will exist between us only if you are an employee, contractor or agent for Ricasi Consultancy Limited or its partners.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to Ricasi Consultancy Limited), 3.3 (Relationship to Other Users), 5.2 (Receiving Payments), 5.3 (Refunds), 7 (Deleting Your Account), and 8 (Miscellaneous Legal Terms).
10. How to Contact Us
The best way to get in touch with us is to contact our Support Team through [email protected]. We’d love to hear your questions, concerns, and feedback about our Services.