This agreement has been concluded between Musichool OÜ ("
Musichool
"), residing at "Põhja-Tallinna linnaosa, Paavli tn 5a/1, 10412, Harju maakond, Tallinn, Estonia" and the content provider …………. with ID number, residing at ………………….….. address ……………………… ("
Instructor
"), for the purpose of regulating the conditions and principles regarding the Instructor's creation and sharing of educational content on Musichool's website www.musichool.co/tr. Thus, it is aimed to connect the trainings uploaded by the Instructor to the website www.musichool.co with users who want to receive services. Additionally, this agreement also covers the principles of sharing revenues from course sales and the mutual rights and obligations of the parties. The parties to the agreement may be referred to individually as Party and collectively as Parties.
The duration of this agreement is 1 year. If it is not terminated by written notice 2 months before the expiration date by the Parties, it will be renewed for 1 year each time under current conditions.
The Parties agree that the Instructor will pay 20% of the fee for the trainings on the website www.musichool.co/tr as commission to Musichool. 80% of the training fee paid by the user will be given to the Instructor after deducting VAT and other expenses. An invoice will be issued to the Instructor for this amount plus VAT.
The Instructor accepts and declares that they exclusively authorize Musichool, which has the status of hosting provider, in this regard. However; if the Instructor establishes an external relationship with a student they have contacted through the website www.musichool.co/tr through another means or directly and conducts lessons with the student, they are obliged to pay Musichool, which provides intermediary services, a penalty of 50% of the Instructor's per-lesson earnings (₺)/(€) for each lesson conducted. This amount will be updated monthly in accordance with the last paragraph of Article 4. Musichool guarantees that it will publish the training videos requested to be uploaded by the Instructor on online platforms, as long as they are not contrary to Turkish laws and ethical rules, and that it will provide this service to users/students continuously and completely within the scope of the rights transferred to it under this agreement. The Instructor accepts and undertakes that they will protect the confidential information learned during the orientation trainings given by Musichool and during the service relationship, that they will protect it from access by third parties unless requested by authorized public institutions and organizations, and that they will otherwise compensate for any damages suffered by Musichool. The Instructor accepts, declares and undertakes that the video and audio recordings taken by Musichool during the lesson can be processed by Musichool during the term of this agreement, can be used for commercial purposes on the website www.musichool.co, and can be used for non-commercial purposes on all other platforms, and grants full authority to Musichool for the use of their rights written in the Law on Intellectual and Artistic Works No. 5846. The Instructor is fully responsible for the content and accuracy of the trainings on the Musichool platform. The Instructor is solely responsible for ensuring that the content of the trainings on the Musichool platform complies with Turkish laws and does not infringe on the rights of third parties. The Instructor accepts that Musichool cannot be held responsible in any way for disputes with students. Lessons published on the website www.musichool.co can only be published on this website belonging to Musichool. Transfer of the lesson recording by the Instructor outside the platform will only be possible with the written approval of Musichool. Lessons will be recorded in the profiles of the Instructor who gives the training and the students who take the lesson, and access to lessons will not be provided anywhere else. The Instructor is obliged to attend all trainings arranged at their request and to which they are assigned as an instructor. The Instructor shares information about the training they want to perform through the website www.musichool.co managed by Musichool (lesson day and time, etc.) with Musichool at least 48 hours before the lesson. Otherwise, Musichool is not responsible for any disruptions. The Instructor undertakes to carefully prepare recorded video, live broadcast and presentation before the training and to have all materials related to the training ready before the training time. The Instructor must have high internet speed at the location where they will provide training. The Instructor accepts that they will repeat the training in order not to cause inconvenience to users in case the lesson cannot be seen due to disruptions caused by internet connection. If the Instructor cannot attend the lesson or if the lesson cannot be seen for a reason caused by the Instructor, the Instructor is obliged to perform the same lesson again on the day and time determined by Musichool. This make-up right is for one time only. In case of missing the lesson a second time, the Instructor accepts and undertakes to pay Musichool a penalty equal to the lesson fee for each lesson missed. The Instructor declares that they will not put participants in offensive or humiliating situations and will avoid actions that disrupt the broadcast and lesson. The Instructor will respond to interactive questions from participants as much as possible during the training or at appropriate time slots determined by the training program. The Instructor is responsible for all content published, including lessons, exams, coding exercises, practice tests, homework, resources, answers, course landing page content, hands-on exercises, assessments and announcements (submitted content). The Instructor accepts and undertakes that the information shared with Musichool is accurate and up-to-date, that they will not publish or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, erroneous, infringing, insulting or defamatory content or information, that they will not contact any student unlawfully, and that they will not make disparaging or derogatory statements about Musichool. The Parties agree that all amounts subject to this agreement (training fee and all other penalty amounts) will be updated monthly in accordance with ENAG's inflation data.
The Instructor declares that the copyrights of the musical works they create belong entirely to them. Musichool holds the right to use the musical works prepared by the Instructor, limited to the period during which this agreement remains in force. Musichool does not have the right to license, sell or transfer the musical works prepared by the instructor to third parties. The Instructor has committed to Musichool that in no way will the intellectual property rights of a third party be harmed in the lessons they teach.
Confidential information includes all information of Musichool that constitutes trade secrets, and any information related to the service and business provided is confidential information, whether or not it is notified as confidential information. The Instructor is obliged to keep all information acquired during the relationship with Musichool confidential and not to share it with any third party without Musichool's written approval/request. Requests from authorized public institutions and organizations are exceptions to this provision, and in this case, the Instructor is also obliged to inform Musichool. The Instructor accepts and undertakes that they will protect the confidential information learned during their relationship with Musichool, that they will protect it from access by third parties unless requested by authorized public institutions and organizations, and that they will otherwise compensate for any damages suffered by Musichool. Similarly, Musichool undertakes that the Instructor's personal data will be processed in accordance with the law. The Parties are obliged to take the necessary care to protect the user's personal data. The Parties agree that the PDPL documents published by Musichool will be complied with in this regard.
Either party may terminate this agreement and end the relationship between the Parties by giving 30 days' written notice to the other party without giving any reason. The Parties agree that the intention to terminate will not be grounds for compensation alone. However, even if termination occurs, if the Instructor does not attend the lesson on the day and time previously notified, they are obliged to provide training by arranging the same lesson once more. In cases exceeding one time, the Instructor is obliged to pay a penalty equal to that lesson fee for each lesson.
Force majeure events and situations arising outside the control of the Parties, such as natural disasters, war, mobilization, fire, strikes and lockouts, which occur in a manner and degree that will stop the working opportunities of one of the Parties partially or completely, temporarily or permanently, are considered force majeure for the Parties. The party exposed to force majeure immediately notifies the other party of the force majeure situation in writing. The obligations of the Parties are suspended during the force majeure period. If the force majeure situation lasts more than 15 (fifteen) days, the party whose rights are violated may terminate this Agreement without compensation and with immediate effect by written notice through a notary.
The Parties cannot transfer or assign this agreement or the rights, interests and obligations arising from the agreement, even partially, to others without the written consent of the other party. Any additions and amendments to be made to this agreement will become valid with the mutual written-signed approvals of the Parties' authorities. The partial or complete legal invalidity or unenforceability of any of the provisions of this agreement does not affect the validity of other provisions. The Parties agree that this agreement in no way constitutes a partnership, representation, proxy, service relationship and/or sub/super contractor relationship between the Parties, and that there is no such relationship between the Parties as mentioned. The Parties accept that the addresses written in Article 1 of this Agreement are also their notification addresses. Unless address changes are notified to the other party through a notary or at least by registered mail within 5 (five) business days following the change, notifications made to the addresses specified in the Agreement shall be deemed valid. They have also agreed that info@musichool.co belonging to Musichool and the e-mail address notified to Musichool by the Instructor are also valid notification addresses.
