The International TEFL Organization (ITO) E-Business TEFL Licence Agreement
By signing up as a licensee of the International TEFL Organization (ITO) you agree to the following Terms of Service. This license agreement is between the company, The International TEFL Organization (ITO), and the named signatories below.
The authorised signatories for this agreement are as signed and certified at the bottom of this document.
A) The SYSTEM
The ITO has, through the investment of considerable time and money, developed a unique system of high quality e-commerce websites and marketing systems targeting the ESL sectors. The SYSTEM includes proprietary marketing strategies, and customer service systems, which are directed towards promoting our TEFL training Courses in a manner that will enhance the organisation’s reputation and market share.
B) The Licensee Desire to be Part of the SYSTEM
The LICENSEE desires to be part of the SYSTEM and to establish, own and operate an online TEFL website & marketing system, subject to and in accordance with all of the terms and conditions of this AGREEMENT, and in adherence and conformity to the system standards.
C) ITO ’s Desire to Grant the LICENSEE
The ITO desires to grant the LICENSEE to establish and operate an online TEFL Website & marketing system, subject to the terms and conditions of this AGREEMENT, and conditioned upon the LICENSEE’s continued adherence and conformity to the system standards.
D) Agreement of the Parties
Consistent with these introductory Sections, and in consideration of the mutual promises and covenants contained in this AGREEMENT, the ITO and the LICENSEE agree to be bound by the terms of this AGREEMENT.
Unless the context requires otherwise, ITO and/or their assigns shall be referred to as "us, we, or our" and you shall be referred to as "you, your or licensee."
1. Services to be provided.
1.1 We agree to provide the following services and items to the licensee:
• A complete turnkey online TEFL business platform.
• A unique affiliate ID that links to our main website.
• Customer management system and database with transparent affiliate tracking system.
• 24-hour answering service and email message handling.
• Automated payment system and shopping cart.
• Ongoing support, training, and business advice.
• Online marketing training courses.
• One x 5-day, 7-night, intensive marketing training course in either Bangkok or Koh Samui, Thailand.
• Complimentary 7-nights private luxury hotel accommodation, breakfast and some meals for training.
• *One x 4-Week TEFL Course Placement in either Koh Samui, Thailand or Manuel Antonio, Costa Rica including 30-nights hotel accommodation.
* Optional. licensees may take the TEFL course online if preferred. No refund or discount if offered for non attendance to the 4-week course.
* Free iPad offer is not longer available after the 1st June 2018.
2. Licensee obligations and responsibilities.
2.1 You hereby agree to manage and run the TEFL business professionally, in a manner that is ethical and in conformity with the organisation’s standards.
2.2 You agree to make a minimum monthly investment of at least $1,000 for online marketing to Google Adwords and/or Facebook Ads for a period of at least 12-months, which must be paid monthly in advance. These fees will be paid directly by you to Google, Facebook or other marketing vendors and are non-refundable under any circumstances.
2.2b In the event of your Facebook Ad account, Google Ad account or any other marketing platform being suspended or terminated by the vendor, you cannot request or expect a refund of your TEFL licence fees under any circumstances.
2.2b You agree to increase your marketing budget when necessary in order to generate a proportional increase in sales revenue.
2.3 You confirm that you have enough funds to cover your personal living expenses until your business becomes profitable and that your investment in this business will not place you in a financial predicament.
2.4 You will not send students booked via your licensed website or affiliate link to any other competitor, school, organisation or persons without our written permission.
2.5 You agree to implement the marketing system(s) as detailed in our training videos and other media.
2.6 You agree to; never expect nor demand a refund of the license fees, part of or in full, by citing a change in personal circumstances, personal financial issues, family bereavement, health issues, bankruptcy, change of heart, divorce, or for any other reason.
2.7 You are responsible for all general running costs including rent/lease, deposit/security fees, staff, electricity, water etc, for any office or working premises, if applicable.
2.8 You will not become an agent or affiliate for any other TEFL and/or TESOL Organisation without our written permission.
2.9 You agree to study and complete all training modules in a reasonable time frame to the best of your ability.
3. License Fees & Ongoing Costs
3.1 There are no other license fees or hidden costs other than those detailed in section 2.
3.2 This license is granted for an indefinite period and the agreement shall remain in force until terminated by either of the parties.
4. Earnings Disclosure & Reimbursement Guarantee
4.1 We make every effort to ensure that we accurately represent these products and services and their potential for producing income for business owners who apply them properly. Examples of income earned and other results are not necessarily average or typical unless stated as such, nor intended as representations of your potential earnings. As with any business or training, each individual’s results may vary widely. Each individual’s results depend on his or her background, dedication, attitude, desire, motivation and particular applications. Significant financial risk is possible with any business venture or opportunity if you don’t do your own due diligence and get suitable professional advice. No guarantees of specific results are expressly made or implied.
*Reimbursement Offer Terms & Conditions
Your investment includes a 18 month reimbursement incentive for making five qualified sales during the next 18 months. The terms of the incentive are as follows:
(1) Five qualified sales must be completed within 18 months from the date you signed the licence agreement.
(2) All 5 sales must be legitimate sales and not request a refund or otherwise ask for a return of their tuition payment.
(3) All sales must originate from different IP addresses and you must otherwise qualify for commissions as a consultant.
(4) The Tuition reimbursement applies to the amount invested in the franchise and/or training programs.
(5) Once the 5 qualified sales per level are met, Consultants must agree to become a video testimonial. Once these requirements have been met, Consultants must fill out and complete the submission of their qualifying deals on or before the expiry date. Once the requirements have been met, we will take no longer than 3-months to ensure all sales are legitimate to account for refunds and chargeback before paying out the Tuition Reimbursement.
4.2 Notwithstanding this reimbursement guarantee, franchise/licence fees plus all investments you make in marketing and advertising, are non-refundable under any circumstances whatsoever.
4.3 Any inclusive offers, bonuses, iPad, accommodation, meals, training courses or any other services that are not redeemed by the licensee, are non-deductible or refundable in part or in full, under any circumstances whatsoever. They cannot be exchanged for cash.
5. Rights & Termination
5.1 We may terminate your TEFL E-Business license without any refund if you;
(a) Violate this TEFL License agreement.
(b) Promote TEFL in a manner that is unethical.
(c) Post critical or defamatory comments publicly or privately about the company and/or staff.
(d) Behave in an overly negative and/or abusive manner towards the company staff and/or customers.
(e) Default on any marketing or monthly license payments for a period of 21 days or more.
(f) Fail to complete the training course modules within the agreed, or reasonable, timeline. This includes training provided by the company or any recommended third party training course modules.
(g) Send threatening, disparaging and/or defamatory emails, social media or any other communications, to company staff members or customers.
5.2 You have the option to opt-out of this agreement after 12-months from the commencement date by giving 30 days written notice. No penalty will be incurred by the licensee. No refund will be given in this case under any circumstances whatsoever.
5.3 We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. Notwithstanding our guarantee in section 4.1, we are not responsible for your lost profits or for your loss of data or information.
5.4 TERMS of SERVICE.
You agree: (1) to use our ITO License in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another company unless explicitly authorised to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property.
5.5 If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your license immediately without refund. Every effort will be made to inform you prior to license termination, and to re-establish your license upon receiving such representations from you as we deem appropriate in the circumstances.
5.6 Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case where someone other than you to use your license, you shall remain liable to us for any fees due under this agreement.
5.7 Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.
5.8 This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. No supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organisation is the licensee, the individual signing up for our licenses represents that he or she is duly authorised to enter into this agreement on behalf of that organisation.
5.9 This Agreement and all claims arising from or in connection with this Agreement shall be governed by Singapore law and shall be submitted to the jurisdiction of the competent courts in the Singapore. Both parties hereby agree to seek to resolve any dispute amicably, and in the event that such resolution subsequently cannot be achieved, that both parties herein agree to seek Arbitration in the Singapore Court of Arbitration, and thereafter be bound by the Arbitrators decision. Each party’s own specific costs of such arbitration procedures shall be born individually by that party, except as such liability to the costs of such arbitration shall also be further determined, included and assigned by the decision of the arbitrator.
6.1 The company will pay the licensee an 80% revenue share for sales generated from the licensee's website and/or affiliate link for all 'Online TEFL Course' sales and a fixed rate of USD$300 for all Advanced (in-class) TEFL course sales.
6.2 The company will pay the licensee a fixed rate of USD$10,000 for each new franchisee/sub-affiliate recruited. If the franchisee/sub-affiliate subscribes to a payment plan, the licence will receive 30% of the deposit made by the new franchisee/sub-affiliate plus 30% of the monthly payments until the $10,000 commission has been paid in full.
6.3 In the unlikely event that any sale is charged backed by a customer, bank or credit card company, the licensee must return any commissions received within 30 days. Any commissions due may be withheld to cover any charge back amount.
6.4 The licensee will receive all commission payments, via wire/bank transfer or Paypal, on the 30th day of each month for all sales received and processed up to the 25th day of that month to date. Sales processed after the 25th day will be paid on the following month.
6.5 Once a prospect/customer clicks on the licensee’s unique link, the prospect/customer is automatically tagged under the licensee’s account for life. The licensee will be paid for any subsequent sale regardless if the prospect/customer clicks on another company website or company affiliate website.
6.6 Franchisees and affiliates must ensure that at least 60% of their sales come from retail sales, i.e TEFL course sales, and not solely from recruiting other sub-franchisees or sub affiliates.
6.7 Any mention of a 5% or other residual (downline) income stated, implied or otherwise mentioned on our website, emails or marketing material, has now been withdrawn as of the 1st of June 2018. This is necessary to meet expected regulatory compliance.
7. Payment Terms
7.1 TEFL Licence Investment in USD$:
Base Rate is USD$. Exchange rates based on: www.xe.com and are subject to change. We are not responsible for exchange rate fluctuations.
7.2 Payment Method:
Wire/bank transfer or credit/debit card. You may need to contact your credit card company to authorise larger payments.
Account Name: TEFL Pte. Ltd
Bank: United Overseas Bank
Bank Address: 80 Raffles Place UOB Plaza 2 #18-00 Singapore 048624
Company Address: 111 North Bridge Road, #08-11 Peninsula Plaza, Singapore 179098
Account Number: 360-309-670-1
SWIFT CODE: UOVBSGSG
Once the licensee has been awarded the TEFL license, and you have signed the license agreement, you must make the the agreed payment within 3 x business days of the agreement signature date. You may request a time extension to arrange funds, in which case you must pay an initial deposit of USD$1,997 within 3 x business days.
7.4 If a payment is not received within 3 x business days of the signature date then this licence agreement will be automatically cancelled.
7.5 Late Payments
Please note, as with any licence agreement, we do not tolerate late payments. In the same respect, we pay licensees on time, without delay, each month. If a monthly instalment or balance payment is rejected, then the payment must be made within 5 days by any other means. After 5 days, a 10% fee will be added to the amount due. If a late payment is not received within 21-days of the due date, the agreement will be terminated and all fees paid to date will be forfeited. Notwithstanding the submission of a verifiable medical certificate, and subject to the discretion of the company, there are no exceptions to this condition under any other circumstances whatsoever.
8.1 This licensee cannot be re-sold or transferred tom another party within the first 12-months of the signature date. After 12-months of the agreement term, the licensee may exit the agreement by selling the license to another party for any market value displayed on the company website at the time of the sale, subject to the company's approval.
9.1 All parties hereby agree to be legally bound by this license agreement and terms of service endorsed by electronic signature.
9.2 This a legally binding agreement, governed by Singapore legislation.
9.3 The International TEFL Organization is a subsidiary of TEFL Pte Ltd with head offices at: 111 North Bridge Road, #08-11 Peninsula Plaza, Singapore 179098. Company Number: 201717188E and also with offices at: Level 18, 40 Bank Street, London E14 5NR, United Kingdom.
9.4 ITO hereby agrees to these terms & conditions and authorises this agreement by digital signature.
9.4 The commencement date of this agreement is that of the signature date on the web form.