Terms of Service (Last Updated on 7 January, 2021)

Teacher Policy
Privacy Policy

 

Overcome The Barrier Inc. Terms of Service and Privacy Policy

 

1. Terms


By accessing the website at http://www.octb.us, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  • Permission is granted to temporarily download one copy of the materials (information or software) on Overcome The Barrier Inc.'s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    • modify or copy the materials;
    • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    • attempt to decompile or reverse engineer any software contained on Overcome The Barrier Inc.'s website;
    • remove any copyright or other proprietary notations from the materials; or
    • transfer the materials to another person or "mirror" the materials on any other server.
  • This license shall automatically terminate if you violate any of these restrictions and may be terminated by Overcome The Barrier Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  • The materials on Overcome The Barrier Inc.'s website are provided on an 'as is' basis. Overcome The Barrier Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  • Further, Overcome The Barrier Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Overcome The Barrier Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Overcome The Barrier Inc.'s website, even if Overcome The Barrier Inc. or a Overcome The Barrier Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Overcome The Barrier Inc.'s website could include technical, typographical, or photographic errors. Overcome The Barrier Inc. does not warrant that any of the materials on its website are accurate, complete or current. Overcome The Barrier Inc. may make changes to the materials contained on its website at any time without notice. However Overcome The Barrier Inc. does not make any commitment to update the materials.

6. Links

Overcome The Barrier Inc. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Overcome The Barrier Inc. of the site. Use of any such linked website is at the user's own risk.

7. Modifications

Overcome The Barrier Inc. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Massachusetts and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

 

Privacy Policy

Your privacy is important to us.

It is Overcome The Barrier Inc.'s policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below:

  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.
  • We will only retain personal information for as long as necessary for the fulfillment  of those purposes.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Overcome The Barrier Inc. may change this privacy policy from time to time at Overcome The Barrier Inc.'s sole discretion.

 

Teacher Policy (Last Updated on 7 January, 2021)

If you want to teach a language on the OCTB Platform, you must read and agree to be bound by these policies for Teachers ("Teacher Policy"). Capitalized terms (including the term "OCTB") used but not defined in this Teacher Policy have the meanings ascribed to such terms in our Terms of Service, which is available at www.OCTB.us/tos (the "OCTB Terms").
If you do not accept this Teacher Policy in full, you are not authorized to teach on the OCTB Platform and you are not eligible to receive any benefits from OCTB for any Services you provide.
This Teacher Policy is designed to encourage the highest standards of Teacher behavior in their relationships with Students by setting clear expectations, and to provide the principles to guide Teachers in their daily conduct when providing Services and interacting with Students. However, our Teachers come from all over the world and are thus accustomed to a variety of different cultural norms. As a result, this Teacher Policy attempts to adopt universally accepted standards of respect and tolerance. This Teacher Policy does not attempt to address every potential situation that could arise when Teachers interact with Students on the OCTB Platform, but instead provides principles for ethical and professional behavior that can serve as guidance regarding OCTB expectations.

1. Teacher Registration and Service Description

1.1 Teacher Registration

In order to become a "Teacher", you must first submit a complete application located at https://www.octb.us/tutors or https://share.hsforms.com/1rBL1pDTGRNGqYB6KOXFA0g3t4ll ("Teacher Application") together with a copy of your passport or other official identification card issued by the applicable government authorities by emailing karina@octb.us. Your completed Teacher Application will be evaluated by OCTB for approval. If your Teacher Application is approved, you will be invited to a training, during which you will have the ability to create and manage a Teacher profile on the OCTB Platform, and you can begin providing "Services", including offering and providing paid lessons ("Lesson") to Students.
To the extent permitted by applicable law, OCTB may obtain (i) background check reports from public records or through third party venders regarding matters such as criminal convictions or sex offender registrations, and/or (ii) identity verification check reports. As a condition of applying to become a Teacher, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports. In order to obtain such identity verification check reports, you further agree and authorize us to provide the copy of your passport or official identification card you submitted with a third party vender, such as Sum&Substance.

1.2 Service Description

All Teachers must create a profile complete with bio and mini bio on the OCTB Platform. When creating the profile, you agree to the following: 

  1. Write a specific, full bio as shown in the following link https://knowledge.octb.us/write-your-full-bio ; (see examples here https://www.octb.us/our_teachers)
  2. Provide your general availability one month in advance in schedule section of your user panel
  3. Continuously update your exact availability in schedule section of your user panel (click on the following link for instructions https://knowledge.octb.us/how-to-update-your-availability)
  4. Set up your zoom personal meeting room as shown on the following link https://knowledge.octb.us/how-to-set-up-your-personal-zoom-meeting-room
  5. Update your picture in your gmail account that you are going to use to login to our platform as shown in the following link https://knowledge.octb.us/step-4-update-your-picture-in-your-gmail
  6. Share your google calendar with admin@overcomethebarrier.com and give permission to make changes to your calendar
  7. Continuously update your availability in your google calendar as it will be used to assign demo lessons
  8. Conduct all the lessons that are automatically scheduled through OCTB platform based on the availability provided by you and outlined in bullet points 5 & 6
  9. Accept the invitation from OCTB hubspot account and give it access to manage your calendar (will be shown during on-boarding/training).
  10. Accept the invitation from OCTB slack account
  11. Notify OCTB staff in the appropriate slack channel about:
    • Demos conducted
    • Students running late
    • Students not showing up
    • Any issues that arise, including but not limited to students connection issues
    • Urgent matters such as technical issues with your equipment or internet connectivity as well as absence of electricity
  12. Provide OCTB with your personal cell phone number in order to reach out in urgent matters via whatsap or text message
  13. Attend the group meetings when they are scheduled, or individual zoom calls with the OCTB admin when asked to. If unable to attend, please make sure to watch a video recording of the meeting.
  14. If you have a PC clean your temporary files WEEKLY in your computer as shown in the following link https://knowledge.octb.us/step-6-clean-your-computer
  15. Do not offer services with the intent to commit fraud, provide services other than those outlined in your description, or offer any services in exchange for positive feedback or at no cost;
  16. Do not advertise any third-party teaching service, platform, software, or application; and
  17. Do not include any personal contact information, including but not limited to, email, telephone number, or social media
    account number.

2. Services Guidelines


2.1 Service Request

Once you get booked for a lesson by a Student, you agree to the following:

  1. Use the OCTB Platform to teach the lessons requested from Students;
  2. Give students host permission during zoom calls to record lessons
  3. Respond promptly to all communications, whether from a Student or from OCTB;
  4. Show best efforts to help your student book all the classes he is entitled to per week. Always check how many lessons the student booked with you for the week compared to the number of lessons he should be having, and encourage him to book remaining unbooked lessons.
  5. Maintain a record of all important details of the communication between you and the Student. For the avoidance of doubt, communication may be conducted via emails, instant messages, telephone or in-person conversations, and important details generally includes information related to the scope of your lessons, your time frames and availability to conduct classes, your feedback to Student, any schedule changes, any delay of providing your Service, and completion of Lessons; and
  6. Conduct all booked lessons and promptly respond with accepted time/date change. Do not ignore requests and allow them to expire.

2.2 Demo Lessons Policy

Demo lessons are crucial to our business. Therefore, you agree to give your best effort when conducting demo lessons, according to the following procedure:

  1. Check the notes in hubspot about the student, in order to best prepare for the lesson.
  2. Start your zoom 2 min before the demo lesson. Under no circumstances may you arrive late to a demo lesson.
  3. Introduce yourself, and start the lesson. You must absolutely make corrections and insert new words in the platform for intermediate students; or at least insert new words for beginner students.
  4. With 5 min left in the lesson, explain to the student what he can expect in terms of the lesson content if he decides to continue with you.
  5. Paste the message found in the Slack channel Steps-for-a-good-demo so that the student can contact the admin immediately if they wish to.
  6. Finish the lesson, and immediately write in the Slack channel Demos how the lesson went.
  7. If you conducted 4 consecutive demo lessons without any of those students having signed up, we will ask you to go through additional training with the OCTB staff

2.3 Regular Lessons Policy

All Teachers are expected to comply with the following policies when providing a Lesson:

  1. Commit to your scheduled Lesson. A confirmed Lesson is a commitment you make with a Student and with OCTB. Reschedule or cancel as a last resort and only after you have communicated this with your Student and OCTB staff member via slack in the appropriate slack channel.  The first time you declare you are unable to give a class that a student previously booked with you, the OCTB admin will give you a warning. The second time, you will get one more warning. The third time, you will have a $5 penalty.  The fourth time, a $10 penalty. And so on, over a 3-month period.
    If you know you will be away and unable to respond to Students for a certain period, take the responsibility to notify your Students of your absence and update the availability information on your OCTB Account schedule section accordingly.
  2. Make records in Hubspot. Teachers should maintain a record of all important details of communications with the Students pursuant to Section 2.1(3). If there is a dispute between Teacher and Student, OCTB will request both Teacher and Student to provide evidence in the format of screenshots, and such screenshots shall contain all information related to such dispute, such as the date, time and other communication details.
  3. We have a 0 tolerance for arriving late to class, even by one minute. Start classes on time. Teachers should start any Lesson at the time scheduled with the Student, and should initiate contact with the Student, particularly with a first-time Student.
  4. Connect with the Student. Teachers should connect with their Students on Zoom.
  5. Waiting for a late Student. If a Student is late for a scheduled Lesson, the Teacher should wait for the Student until the end of the period for the scheduled Lesson. The Teacher should be available to start the Lesson at any time during the scheduled period for the Lesson. The Teacher is not, however, required to make up for lost time due to the Student's late arrival.
  6. If the student does not enter teacher’s zoom link, the teacher must notify a member of OCTB customer service via slack channel no later than 5 minutes after the lesson is supposed to start.
  7. For intermediate students, always complete the conversation part and the corrections part of the lesson, and always add New Words. For beginner students who cannot yet formulate their own sentences, ensure you at least insert New Words for every lesson.
  8. End Lesson on time. Teachers should politely let Students know that their lessons are ending by reminding them before the end of the Lesson time period. You may politely tell the Student that you need to prepare for an upcoming Lesson with another Student.
  9. Rescheduling a Lesson due to Student’s absence. If a Student fails to attend a Lesson and requests to reschedule the class, the teacher should refer the student to the cancellation policy available at Cancellation Policy.


2.3 Cancellation and Rescheduling

If you will be unable to teach at the time previously booked by a Student, you agree to (i) immediately inform OCTB customer support that you are unable to teach at the scheduled time, and provide OCTB customer support with an explanation. If you were unable to inform OCTB in advance due to an emergency, you are required to give an explanation to the OCTB Customer Support as soon as you are able to do so. You will be allowed no more than two of these instances per month.
After obtaining the consent from the Student, a Teacher may cancel or reschedule any scheduled lesson (including a Lesson) at any time that is more than 24 hours before such class is scheduled to start. Canceling or rescheduling classes must be handled through the OCTB Platform, and by following the cancellation and rescheduling process.
Except in the rare case of true emergencies, no lessons may be cancelled or rescheduled by a Teacher or Student within 24 hours of the start time of the lesson.

2.4 Payment and Feedback

After you provide any classes, you agree to the following:

2.4.1 Technicalities

  1. To accept payment either through Paypal or transferwise.
  2. OCTB will cover all the processing fees that are associated with you receiving your pay into your Paypal account
  3. You are responsible for processing fees that these platforms apply when you decide to transfer that money to your bank account
  4. In the payment menu of your account, please enter your email address corresponding to the appropriate method (paypal or transferwise).
  5. Use the OCTB Payment Service to handle all financial matters related to your lessons conducted; 

2.4.2 Terms of Payment

  1. Payment schedule: The Teacher shall receive the pay for the exact minutes of classes he/she has given in a biweekly period every 1st and 16th of the month. The pay is $2/hour.
  2. Bonus: in addition to the regular pay, the Teacher shall receive a %50 bonus (i.e. one extra dollar per hour) for the lessons conducted with students who continue studying with the Teacher. To ensure this, the bonus comes with a 2-week delay. This bonus is also contingent upon the Teacher’s compliance with the terms of this contract (including but not limited to conducting all lessons assigned to you, starting lessons on time, continuously maintaining your availability up to date for the month ahead, ensuring prompt communication with your students and the OCTB admin, etc., adhering to typing and correction process vital to our language teaching methodology)

2.4.3 Absent or Late Student

  1. The Teacher shall be compensated for every lesson booked, even if the student does not show up for the lesson.
  2. The teacher shall not be compensated for lessons that were initially booked, but then cancelled at least 24 hours before the start of the lesson.
  3. The Teacher shall not be compensated for extra time he shall invest outside of the duration of the lesson. Therefore, the Teacher has no obligation to extend a lesson due to the late arrival of a student.

2.4.4 Taxes

Teachers shall be solely responsible for determining their applicable tax related duties in connection with the income obtained from their Teacher Services, and shall also be solely responsible for remitting to the relevant authority any applicable taxes that need to be paid. OCTB cannot and does not offer tax-related advice to any Members.

2.4.5 Prohibition

The teacher may, under no circumstances, accept payments from Students outside of the OCTB framework. If a student offers you to do so, you must report this immediately to admin@OCTB.us

2.5 Additional Guidelines

You also agree to the following additional guidelines in connection with providing your Services on the OCTB Platform:

  1. Maintain the privacy of OCTB Students pursuant to the OCTB Privacy Policy, including refraining from requesting any personally identifiable information from Students, such as birth date, age, government issued identification number, phone number, or home address;
  2. Maintain the privacy of your own personal information, including details related to your compensation (as defined in the OCTB Payment Policy);
  3. Maintain records of all invoices and payments in connection with your Teacher Services;
  4. Cooperate with OCTB in any anti-fraud actions and in resolving any disputes; and
  5. Report any violation of the OCTB Terms or any other OCTB Policies, including misuse of ratings and feedback.

3. Service Standards

3.1 Be Culturally Sensitive

Respect the values and traditions of your Students. Unless specifically requested by the Student, please avoid asking about the following:

  1. Your Student’s personal life. For example, do not ask a Student whether he or she is married, or whether he or she has a girlfriend or boyfriend.
  2. Your Student’s political affiliations. For example, do not ask a Student whether he or she supports a particular political party or ideological view.
  3. Your Student’s religious affiliations. For example, do not ask a Student if he or she believes in God or identifies with a particular religious group.

3.2 Be Patient and Polite

Since Students come from different backgrounds and have different language abilities, it is important to be patient and polite. Help them through their language learning difficulties. Be encouraging, not discouraging.

  1. Do not berate, yell at, or insult a Student. Do not tell a Student he or she is dumb or insult their current level of language ability.
  2. Do not use rude or offensive language with a Student. Instead, use respectful language and speak to Students with professional courtesy.
  3. Do not lose your temper with a Student.

If you are not sure that whether you are able to handle a situation with composure, you are welcome to contact OCTB customer service for help, or to suggest that a Student contact OCTB customer service to resolve an issue.

3.3 Be Professional

Teachers must take the initiative in communicating with and managing Students. In addition to the Teacher Services guidelines described in Section 2 (Teacher Services Guidelines), Teachers are expected to provide Teacher Services in a professional manner, which includes:

  1. Being responsive. You should respond to messages from Students promptly. When you receive a communication from a Student, you should respond within 24 hours OR before the start time of the booked lesson (whichever is sooner). The OCTB Platform will send you notifications when a Student sends you a message or you will find a calendar invite if the student books a lesson, but we recommend that you login to your OCTB Account at least twice a day to check and respond to messages and check for your updated schedule in the schedule section of your user panel.
  2. Actively manage your calendar and profile. Maintain your calendar to accurately reflect the times you are available to conduct classes. When you login to your OCTB Account, you should check and adjust your time availability schedule, and update your status. Students can book lessons at any time, so Teachers who actively manage their profile will naturally attract more Students. If you plan to take time off from teaching, reach out to OCTB customer support, update your exact availability in your profile and your gmail calendar accordingly so that you will be removed from active Teacher listings.
  3. Respect Student privacy. Recording audio or video of a Student is not permitted without the Student’s prior written or recorded consent.
  4. Teach your language. Students are paying you to teach them a new language. Do not use this time to practice the Student’s native language. Instead, give Students more speaking time.
  5. Provide accurate and respectful feedback. OCTB provides a feedback and rating system to allow Students to publicly express their opinions to their Teacher’s instruction quality. OCTB does not monitor, censor, or investigate feedback and rating posts unless a problem is brought to our attention. If you believe a particular Student’s feedback or rating is improper, untrue or violates OCTB Terms or OCTB Policies, please report the incident to OCTB customer service.

4. Violation of this Teacher Policy

You are expected to perform any Lessons Booked in a manner that satisfies the teaching standards described above and results in a consistently high level of Student satisfaction. You are in breach of this Teacher Policy, if you:

  1. Fail to deliver any Lessons Booked;
  2. Fail to take reasonable efforts to resolve a dispute with a Student;
  3. Create unacceptable levels of Student dissatisfaction; or
  4. Violate any OCTB Terms or any other OCTB Policies.

OCTB reserves the right to take any of the following actions at any time and in its sole discretion:

  1. Cancel your listed Lessons Booked;
  2. Limit your OCTB Account privileges;
  3. Adjust your Teacher Pay balance and/or freeze or suspend your Pay;
  4. Suspend or terminate your OCTB Account; or
  5. Contact law enforcement or seek legal remedies.

5. Teacher Content

The terms of this section regarding Teacher Content applies to all Teachers providing their Services on the OCTB Platform, in addition to the terms of Section 10 (Member Content) of the OCTB Terms.

5.1 Teacher Content Ownership

Any articles, video or any other materials used in your classes or submitted to the OCTB Platform in connection with your classes, such as your introduction video (the "Teacher Content"), constitute Member Content. As a result, pursuant to this section and Section 10 (Member Content) of the OCTB Terms, you own the copyright to your Teacher Content, and OCTB does not claim any ownership rights in any Teacher Content.

5.2 Student License to Teacher

You hereby grant each Student who books lessons with you a right to use, view and copy your Teacher Content that you use during the class to such Student solely for personal and noncommercial educational purposes. You acknowledge that all of the representations, warranties, license grants and other provisions contained in Section 10 (Member Content) of the OCTB Terms apply to all of your Teacher Content that you submit to the OCTB Platform.

5.3 OCTB License to Teacher Content

In addition to the license you grant to OCTB to use, view, copy, modify, distribute, publish and otherwise exploit your Member Content (including your Teacher Content) pursuant to Section 10 (Member Content) of the OCTB Terms, you hereby grant OCTB a license to use your Teacher Content (including your introduction video) and information about your teaching style in marketing, advertising and promotion of the OCTB Platform in any medium. For the avoidance of doubt, OCTB may publish your introduction video to OCTB’s official channels in third-party video hosting and streaming services, such as Youtube, Vimeo, Youku. OCTB will remove any Teacher introduction videos from our official channels on third-party video hosting and streaming services upon written request from such Teacher sent to OCTB customer service. You also grant OCTB the right to use your profile name as part of our marketing, advertising and promotion of the OCTB Platform.

6. Prohibitions

In addition to complying with the restrictions regarding improper use of the OCTB Platform described in Section 11 (Restrictions) of the OCTB Terms, you agree not to, and will not assist, encourage, or enable Students or other Teachers to:

  1. Provide or post false, misleading, inaccurate, or plagiarized information on the OCTB Platform, including in your Teacher profile, course content, lesson history and feedback.
  2. Fail to establish or maintain your OCTB Teacher profile to ensure that it contains complete, accurate, and updated information.
  3. Teach for free or in exchange for positive feedback or ratings from Students.
  4. Teach, including offering and providing Lessons, to any "fake" Students that uses OCTB Account created by yourself or any third party to drive up your lesson counts and ratings in bad faith.
  5. Forge or alter your education background, curriculum vitae, work experience or certificates.
  6. Advertise or promote third party language learning services.
  7. Encourage or allow Students to work with you outside of the OCTB Platform or accept payment outside of the OCTB Platform. If a Student asks you to teach outside of the OCTB Platform, please remind the Student that lessons must be scheduled and paid for through the OCTB Platform. You can report the Student or contact OCTB customer support via OCTB slack channel.

In the event that you violate the prohibitions set forth in this section, OCTB reserves the right to immediately suspend or deactivate your OCTB Account. OCTB also reserves the right to confiscate any earned money (as defined in the Payment Policy), and you may lose access to your lesson and teaching history on the OCTB Platform. If you believe that others have violated these prohibitions, or if you are not sure whether any specific actions would violate these prohibitions, please contact OCTB customer support immediately.

7. Contacting Customer Service

If you wish to report a violation of this Teacher Policy, OCTB Terms or any other OCTB Policies, or have any questions or need assistance, please contact OCTB customer service as follows:
Email: admin@OCTB.us
Slack: https://octb.slack.com/

Table of Contents