• SUBJECT and PARTIES

This agreement is made under the “Põhja-Tallinna linnaosa, Paavli tn 5a/1, 10412, Harju maakond, Tallinn, Estonia“, Musichool OÜ (“Musichool“) and the content provider …………. with a Turkish ID number, ……………………… residing at ……………………… (“Trainer“), among which the Trainer’s Musichool’s www.musichool.co/tr to create and share educational content on the website with the extension of the Trainer’s name. Thus, by the Trainer www.musichool.co It is aimed to bring together the trainings uploaded to the website with the extension with the users who want to receive service. In addition, this agreement also covers the principles of sharing the revenues to be obtained from the sale of courses and the mutual rights and obligations of the parties. The parties to the Agreement may be referred to individually as the Party and together as the Parties.

• DURATION

Duration of this agreement 1 year. If not terminated by the parties 2 months before the expiration date by written notice, it will be renewed for 1 year each time under the current conditions.

1. FEE SHARING RULES

Trainer www.musichool.co The Parties agree that 20% of the fee of the trainings that will take place on the website with the extension will be paid to Musichool as commission fee. After deducting VAT and other expenses, 80% of the training fee paid by the User will be given to the Trainer. An invoice will be issued to the Trainer for this amount plus VAT.

• rights and obligations of the parties

The Trainer accepts and declares that he/she exclusively authorizes Musichool, as the hosting provider, in this respect. Provided that; if the Trainer, www.musichool.co If he/she establishes an external or direct relationship with the student with whom he/she communicates through the website with the extension, and if he/she conducts lessons with the student, he/she is obliged to pay a penalty fee of 50% of the instructor’s earnings of (₺)/(€) per lesson per lesson to Musichool, which provides intermediary services. This amount will be updated every month 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, provided that they do not violate Turkish laws and ethical rules, and that it will provide this service to the user / students uninterruptedly and fully within the scope of the rights transferred to it under this agreement.

The Trainer agrees and undertakes that he/she will protect the confidential information he/she learns during the orientation trainings and service relationship to be provided to him/her by Musichool, and will protect it from the access of third parties unless requested by authorized public institutions and organizations, otherwise, he/she will indemnify Musichool for any damages.

The Trainer agrees that the video and audio recording taken by Musichool during the lesson may be processed by Musichool during the term of this agreement, www.musichool.co for commercial purposes and for non-commercial purposes on other platforms, and accepts, declares and undertakes that I fully authorize Musichool for the use of my rights written in the Law No. 5846 on Intellectual and Artistic Works.

The Trainer is fully responsible for the content and accuracy of the trainings on the Musichool platform. The Instructor is also solely responsible for ensuring that the content of the trainings on the Musichool platform complies with Turkish law and does not violate the rights of third parties. The Instructor agrees that Musichool cannot be held responsible in any way for any disputes with the students.

www.musichool.co will only be published on this website belonging to Musichool. The transfer of the lesson recording by the Instructor outside the platform will only be possible with the written consent of Musichool. The lessons will be saved on the profile of the Instructor and the students who take the lesson, and no access to the lessons will be provided anywhere else.

The trainer is obliged to attend all trainings organized upon his/her request and for which he/she is assigned as a trainer.

Instructor, led by Musichool www.musichool.co shares with Musichool the information regarding the training he/she wants to perform through the website with the extension (lesson day and time, etc.) at least 48 hours before the lesson. Otherwise, Musichool is not responsible for any disruptions that may occur.

The trainer undertakes to carefully prepare recorded videos, live broadcasts and presentations 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 point where he/she will provide training. The instructor agrees that if the course cannot be seen due to internet connection problems, he/she will repeat the training in order to avoid victimization of the users.

If the Instructor is unable to attend the lesson or if the lesson cannot be attended for any reason caused by the Instructor, the Instructor is obliged to perform the same lesson again on the day and time to be determined by Musichool. This right to make-up is limited to one time only. In case of missing the lesson for the second time, the Trainer agrees and undertakes to pay Musichool a penalty fee equal to the lesson fee for each missed lesson.

The trainer declares that he/she will not put the participants in offensive or humiliating situations and will refrain from actions that disrupt the broadcast and the course. The trainer will respond to interactive questions from the participants as much as possible during the training or at appropriate time periods determined by the training program.

The Instructor is responsible for all content you post, including lessons, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, practice exercises, assessments, and announcements (posted content).

Instructor, shared with Musichool accepts and undertakes that the information is accurate and up-to-date, that it will not publish or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, erroneous, infringing, defamatory, libelous or slanderous content or information, that it will not communicate with any student unlawfully, and that it will not make any defamatory or disparaging statements about Musichool.

On all fees subject to this agreement (training fee and all other penal clause fees) every monthThe Parties agree that updates will be made in line with ENAG’s inflation data.

• COPYRIGHT (USAGE RIGHTS)

The Instructor declares that he/she owns the copyrights of the musical works created by him/her. Musichool retains the right to use the musical works created by the Instructor for a limited period of time during which this Agreement remains in force. Musichool is not entitled to license, sell or transfer the musical works prepared by the Instructor to third parties. The Instructor has undertaken to Musichool that he/she will not in any way prejudice the intellectual industrial rights of any third party in the lessons he/she teaches.

• CONFIDENTIALITY – PROTECTION OF PERSONAL DATA

Confidential information includes all information that is a trade secret of Musichool, and any information related to the services and business provided, whether or not it is declared to be confidential information, is confidential information. The Trainer is obliged to keep all information obtained during the relationship with Musichool confidential and not to share it with any third party except with the written consent/request of Musichool. Requests of authorized public institutions and organizations are exceptions to this provision, in which case the Trainer is obliged to inform Musichool.

The Trainer agrees and undertakes that he/she will protect the confidential information he/she has learned during his/her relationship with Musichool, protect it from the access of third parties unless requested by authorized public institutions and organizations, otherwise he/she will indemnify Musichool for any damage.

Likewise, Musichool undertakes that the personal data of the Instructor will be processed in accordance with the law. The Parties are obliged to take due care to protect the personal data of the user. In this context, the Parties agree that the KVK documents (link pls) published by Musichool will be complied with.

• TERMINATION

Either Party may terminate this Agreement and end the relationship between the Parties without giving any reason by giving 30 days prior written notice to the other Party. The Parties agree that the will to terminate alone shall not be grounds for compensation. However, even in the event of termination, the Trainer is obliged to organize the same lesson once again and provide training if the Trainer does not attend the lesson on the day and time previously notified. In cases exceeding one time, the Trainer is obliged to pay a penalty fee equal to the course fee for each lesson.

• FORCE MAJEURE

Force majeure events such as natural disasters, war, mobilization, fire, strike and lockout, which occur in such a way and to such a degree as to partially or completely, temporarily or permanently stop the working possibilities of one of the Parties, and events beyond the control of the Parties shall be considered force majeure for the Parties. The party subject to force majeure shall immediately notify the other party in writing of the force majeure event. The obligations of the Parties shall be suspended during the force majeure period. If the force majeure event lasts for more than 15 (fifteen) days, the party whose rights are violated may terminate this Agreement without compensation and with immediate effect with a written notification to be made through a notary public.

• MISCELLANEOUS PROVISIONS

The parties may not 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 shall become valid with the mutual written-signed approvals of the authorities of the Parties. The partial or complete legal invalidity or non-enforceability of any of the provisions of this Agreement shall not affect the validity of the other provisions.

The Parties agree that this Agreement shall not in any way constitute a partnership, representation, agency, service relationship and/or sub/upper contractor relationship between the Parties and that there is no relationship between the Parties as listed.

The parties agree that the addresses written in Article 1 of this Agreement are also their notification addresses. Unless the address change is notified to the other party via notary public or at least by registered letter with return receipt requested within 5 (five) business days following the change, the notification made to the addresses specified in the Agreement shall be deemed valid. Also Musichool’s [email protected] and that the e-mail address notified to Musichool by the Trainer shall be the valid address for service of process.