Additional Terms – Tes Resources

Introduction

These Additional Terms govern your use of the Tes Resources platform, website and related services (“Tes Resources”) and should be read in conjunction with our General Terms found here.

Please read both these Additional Terms and the General Terms carefully before using any part of Tes Resources. By using Tes Resources, you confirm that you accept the General Terms and these Additional Terms and that you agree to comply with them. Capitalised terms used but not otherwise defined in these Additional Terms have the meaning given to them in the General Terms.

These Additional Terms and the General Terms (and any additional agreements referred to or contemplated in each of the foregoing) represent the entire agreement between us and you. In the event of a conflict between the General Terms and the Additional Terms, these Additional Terms shall prevail over General Terms.

Tes Education Resources Ltd (“Tes Education Resources”) is the operator of Tes Resources and references to “we”, “us” or “our” in these Additional Terms refer to Tes Education Resources. Tes Education Resources is the entity you contract with for the purposes of these Additional Terms and, where not otherwise disclaimed or noted, is responsible for the Tes Resources website content. For the avoidance of doubt, this clause does not affect any disclaimer or limitation of responsibility or of liability in the General Terms. The General Terms should be read as applying between you and Tes Education Resources in addition to their application to the relationship you have with Tes Global Ltd.

Without prejudice to our powers under the General Terms, you agree that Tes Education Resources at its sole discretion, without notice to you, may terminate or amend the General Terms or these Additional Terms at any time.

The information contained herein applies to all users of the Tes Resources platform irrespective of the Terms and Conditions subsection within which information is found. 

  • Certain terms and conditions apply to your use of Tes Resources. Please read them carefully as they form an agreement between you and us.

Uploading Resources

Your User-Uploaded Content

You represent and warrant that: (i) you are 18 years of age or over and have the right to upload Content to Tes Resources and grant the rights set out in the licences herein, (ii) either you own the intellectual property rights in and to the User-Uploaded Content uploaded by you, or you are acting as an agent for those who do (and whosoever downloads your content adheres to any licences referenced herein, will not infringe the rights of any third parties), (iii) photographs or videos of individuals under 18 years of age taken with personal cameras, videoing equipment or mobile phones are not permitted on Tes Resources or in any uploaded content, and (iv) any User-Uploaded Content you upload to Tes Resources is compliant with both these Additional Terms and the General Terms.

Please note that User-Uploaded Content should not contain any content which has been copied, in whole or in part, from third party materials without the consent of the third party owner. Any such use of third party materials may amount to copyright infringement.

In the event that you remove your User-Uploaded Content from our Websites, from the date of the removal, the licence(s) granted by you in these Additional Terms will be deemed to have been terminated (save as otherwise provided herein).

Please note that people who have downloaded or otherwise made use of your User-Uploaded Content prior to its removal, or your re-license under an alternative licence, will continue to have those rights that you granted to them at the time of their purchase and/or download of the relevant User-Uploaded Content, or such rights as we have granted under the Teaching Resource Licence. In the case of Premium Content (as defined below), any removal or re-license cannot affect existing re-licensing to users by TES. Any deletion or re-license shall simply remove Tes Education Resources’ right to make further sales of said materials under the Teaching Resource Licence after the time of such action taken by you; it shall not affect our right to continue to make such Premium Content available to users who purchased it prior to your removal of it or change of the terms on which it is licensed.

The licence granted to users who have downloaded content from the Websites prior to use of the Creative Commons or Teaching Resource Licence over such content is on identical terms to the licence granted to Tes Education Resources described below in these Additional Terms, except that additionally the moral rights of the author have been waived.

  • You should only upload your own content to Tes Resources. If you remove your content from Tes Resources, people who have already downloaded it will still be able to use it.

Third party comments

When you contribute User-Uploaded Content to Tes Resources, community engagement means that you may receive comments (whether positive or negative) from other people about your Content. We trust users to engage constructively with other people in respect of any such comments. We do not monitor or moderate any comments, but if you believe any comments posted by a third party are in breach of the General Terms or these Additional Terms please report them to us using our complaints procedure set out here.

  • If you feel that someone has posted comments about your content that breach our terms and conditions, please report it.

Use of content you upload

When you upload User-Uploaded Content to Tes Resources to be shared for free, you will (assuming you are the owner of the content) retain all intellectual property rights in such content. This means that you will be able to modify or remove your User-Uploaded Content as you wish.

To enable us to provide our Services and host your User-Uploaded Content, we require a licence to use the content that you upload to our Websites. Similarly, third party users of Tes Resources will require a licence from you to enable them to make use of your User-Uploaded Content. This content is in two categories, a) User-Uploaded Content uploaded as distinct files, largely for the purpose of sharing teaching resources and b) all other content that you upload (primarily comments, reviews, descriptions and cover/preview images).

Category "a" content

In respect of content in category "a" above, the licence you grant us and each of our affiliates is non-exclusive, sub-licensable, worldwide, fully paid-up, royalty-free, perpetual and irrevocable (save as set out below). This means that we can use, reproduce, publish, distribute and display your User-Uploaded Content (in whole or in part) and/or incorporate it in other works in any form, media, or technology.

To enable third party users of Tes Resources to download and/or otherwise use such User-Uploaded Content, you need to apply one of our "upload" licences to your User-Uploaded Content (which governs the use of your Content by a third party). We may change the range of licences available at our discretion from time to time.

For the avoidance of doubt, nothing in these Additional Terms should be read to suggest that we may not make use of your materials in accordance with the applicable "upload" licence. We may then apply licences to the User-Uploaded Content as though we were any other user downloading your User-Uploaded Content (e.g., if the applicable "upload" licence is wider than the licence granted to us above).

Category "b" content

In respect of content in category "b" above, you grant us and each of our affiliates a non-exclusive, sub-licensable, worldwide, fully paid-up, royalty-free, perpetual and irrevocable (save as set out below) licence to use, reproduce, publish, distribute and display your User-Uploaded Content (in whole or in part) and/or to incorporate into other works in any form, media, or technology.

  • You’ll still own the intellectual property rights to any content you share on Tes Resources, but you’ll allow us, and others, to use it.

Use of Premium Content

When you upload User-Uploaded Content to Tes Resources to sell ("Premium Content"), you will, or those you act as an agent for will, (if you/they are the owner of all intellectual property rights in and to the Premium Content) continue to own all intellectual property rights in and to that Premium Content. You are able to modify or remove your Premium Content as you wish.

To enable us to provide the Services and host your Premium Content we require a licence to use the Premium Content that you upload to our Websites.

You grant us and each of our affiliates a non-exclusive, sub-licensable, fully paid-up, royalty-bearing (in accordance with the clauses below), worldwide, perpetual and irrevocable (save as set out herein) licence to use, reproduce, publish, sell, distribute and display your Premium Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology. 

You grant us all necessary rights to sell your Premium Content to other users of the Websites under the Teaching Resource Licence (see below) and to make that licence effective.

Premium Content shall be made available to users or institutions under licence. There shall be no outright transfer of title or ownership in any such Premium Content. As a user, the licence terms that apply to the Premium Content that you purchase shall be those terms set out in the Teaching Resource Licence, as amended or updated by us from time to time and marked for your attention at the time of your purchase and/or download of the Premium Content.

  • You’ll still own the intellectual property rights to content you sell on Tes Resources, but you’ll let us, and others, use it.

Royalty payments

All sales of Premium Content are subject to our refunds policy detailed below.

As consideration for your grant of the licence to use your Premium Content set out above, Tes Education Resources agrees, subject to, and only upon your fulfillment of, the Royalty Conditions set out herein, to pay you, or procure that you are paid, a royalty, details of which can be found here.

For the purposes of these Additional Terms, the “Royalty Conditions” are as follows:

  1. Once logged in to your account, to withdraw your royalties, you must elect to "Withdraw now" by clicking the button so named, found within the display box entitled “Your balances.” Once you have taken such steps as are required to allow us to process the payment, we will process your royalty request and make any final payment to you on the condition that: 
  2. The estimated royalty amounts payable to you is at least £10.00 or, where denominated in United States Dollars ("$"), it is $10.00.From time to time additional currencies may be added with limits set for each currency.
  3. You have not breached any of these Additional Terms or the General Terms, including in particular the representations and warranties made by you in these Additional Terms.
  4. The Premium Content to which your estimated royalties relate has not been withdrawn from TES Resources by us as a result of copyright infringement, or receipt of any complaint or takedown notice.
  5. We have not paid any refund to any third party purchaser of your Premium Content downloaded through TES Resources as a result of dissatisfaction with its purchase.
  6. You have not made more than one such request in any one week (measured as 7 complete days from the recorded time of the previous withdrawal). The exact time of this previous  withdrawal (where relevant) can be seen in “Withdrawal history.” 

We reserve the right to make reasonable and proportionate adjustments to the amount of any final royalty payable to you as a result of any failure to satisfy the foregoing conditions.

  1. Upon satisfaction of the foregoing conditions, the final royalty amounts, as calculated by us, shall be paid direct to your bank account, net of any deductions or withholdings for or on account of tax if required, within five (5) business days (for UK payments) when you click the “Save and Withdraw” button. This timeframe is extended to ten (10) business days for payments to bank accounts hosted outside of the UK. As long as you have an amount equal to or greater than the minimum balance showing in the “Your balances” box on your dashboard (the balance can be found here), you can withdraw it straight to your bank account. You are limited to one withdrawal per week (as defined above).   
  2. TES may display (in your profile/account homepage) an amount reflecting the estimated gross aggregate amount of the estimated royalties (inclusive of VAT, but not any sales taxes imposed by any United States state or federal law, where applicable) that may become payable to you upon satisfaction of these Royalty Conditions. For the purposes of calculating such amounts, you accept and agree that we may choose not to take into account your most recent sales. These amounts displayed are estimates only and are provided without representation or warranty as to accuracy or reliability, and they do not constitute any form of promise or assurance as to the payment amount you may eventually receive. Until the foregoing conditions are met, any estimated amounts displayed shall remain provisional and Tes shall have no liability to pay you, and you shall have no entitlement (contractual or otherwise) to receive, any royalties whatsoever in connection with any sales of Premium Content uploaded by you to Tes Resources.

The sale value of your Premium Content shall be set by you at the point of upload, subject to a minimum and maximum price. Any item of Premium Content that is priced by you for sale shall be listed at that price without further action required by us (although we reserve the right to make appropriate price adjustments at a later time). We are under no obligation to agree to sell a resource at any specific sale value or at all.

You accept and acknowledge that this agreement creates no expectation of any specific level of sales or remuneration for any given Premium Content. You further agree that the only way in which you may claim this remuneration is through the Tes Resources website and the payment mechanisms made available by Tes Education Resources from time to time. You waive any right to require payment by any other mechanism and accept that no other debt arises under this agreement.

This agreement applies separately to, and in respect of, each item of Premium Content you upload and any estimated royalties that accrue are calculated on a per-item basis, regardless of whether we make any payment to you in respect of sales of multiple separate items of Premium Content in a single transaction or as a single lump-sum.

  • When you sell content on Tes Resources we’ll pay you royalties, according to our Royalty Conditions.

Taxation and the nature of your contract with us

You are solely responsible for payment of any taxes, or making of any filings, required in relation to your royalties. Any information regarding royalties provided by us does not constitute tax advice and should not be relied upon as such.

This agreement does not constitute an employment relationship, or partnership, between the parties.

If you are registered for UK VAT, you agree to enter into a UK VAT compliant self-billing agreement with us (for a modal agreement see here). Subject to us holding a valid self-billing agreement we will issue a self-billing VAT invoice on your behalf at the point you request payment of royalties in the form of either a cash payment or charitable donation.

No other statements of expected, anticipated or provisional royalties, whether by email or on our Websites, provided by us constitute a VAT invoice. All amounts detailed on these Websites are inclusive of VAT, where applicable (but not any sales taxes imposed by any United States state or federal law, where applicable). You are solely responsible for your own indirect and direct tax filing and payments.

  • When you receive royalty payments you’re responsible for paying any tax due on them.

Buying and downloading resources

Buying Premium Content

As a user, by purchasing the Premium Content, you accept and agree to be bound by the terms of the Teaching Resource Licence.

Tes Education Resources will generally make Premium Content that you purchase available for download by you for an indefinite period after purchase; however, we provide no ongoing guarantee of this (please see the General Terms for more details). We strongly recommend you promptly download and save onto you own equipment any Premium Content you purchase. Tes shall have no liability for, or duty to replace, lost, damaged, or destroyed downloads.

You agree that the Teaching Resource Licence (and any dispute or claim arising in connection with it or its subject matter or formation) shall be governed by and construed in accordance with the laws of England and Wales.

Further, you agree that (save as otherwise expressly provided in our take-down policy) any dispute or claim arising in connection with the Teaching Resource Licence or its subject matter or formation shall be adjudicated exclusively by the Courts of England and Wales (save that we may enforce any judgment of such Courts, where required, in courts in any other jurisdiction in which you are located).

  • By buying content on Tes Resources you’re agreeing to the Teaching Resource Licence. You should download and save the content you buy straight away.

Infringing User-Uploaded Content

In the event that we discover that User-Uploaded Content in use by you infringes the rights of any third party and notify you of this, you are required to, and undertake that you shall, immediately cease all use of the infringing Content, promptly delete and/or destroy any copies of such infringing Content and procure the deletion and/or destruction of any copies of it that you have made available to others. You may be entitled to a refund for your purchases of any Premium Content (as defined below) as detailed in the refund policy below.

  • If we tell you that content you’re using on Tes Resources infringes someone else’s rights, you must stop using it and destroy any copies you have.

Refunds Policy

By proceeding with any purchase of Premium Content, you agree that we or our affiliates shall immediately supply such Premium Content to you for your use, download or access in accordance with the terms and conditions of this agreement. You accept and acknowledge that you shall have no right to cancel your purchase or withdraw from or terminate your contract with us once your order has been placed. All sales shall be final and refunds are only available in the following circumstances:

  • If the resource contains infringement of someone’s intellectual property
  • If the resource has a technical fault that cannot be resolved
  • If the resource is not as described in the resource description and the previews
  • If the resource is offensive or inappropriate

In order to receive a refund, you must comply with the rest of our Additional Terms and General Terms.

If you want to make a claim for a refund you must do so within 48 hours of purchase through this form.

We also withhold the right to refuse any refunds at our discretion (for example we do this when someone has requested excessive refunds).

  • As a general rule, we don’t make refunds for content bought on Tes Resources except in exceptional circumstances. Please contact us if you wish to discuss a refund.

All users

Termination or suspension of your account

Without prejudice to our powers under the General Terms, you agree that Tes Education Resources at its sole discretion, without notice to you, may: (i) terminate any person’s account (in which case that person will remain liable for all amounts due under their account up to and including the date of termination); and/or (ii) limit any person’s access to Tes Resources (or any part thereof), and seek any other lawful remedy available.

  • We may stop your account or limit your access to Tes Resources at any time.

Limitations of liability and indemnity (for certain large-scale business users)

Tes Education Resources acts merely as a hosting platform for any User-Uploaded Content. User-Uploaded Content is licensed directly from user to user under the terms of the "upload" licence used by the owner of the User-Uploaded Content, or such other licence as has previously been applied.

You accept that neither Tes Education Resources, nor any of its affiliates, guarantees to review User-Uploaded Content. Our acceptance of any uploaded file does not represent a guarantee of its suitability, sale-ability or confirmation that it complies with these Additional Terms or the General Terms.

Only if you use our Services to conduct business on a large scale do we ask you to give us some additional protections. If a) you are (or become) VAT-registered; or b) we have paid you more than £10,000 income in the past 12 months; or c) you are acting for or on behalf of a corporation, company, partnership (of limited liability or otherwise) or Institution, then you agree to fully indemnify, defend and hold Tes Education Resources, Tes Global Ltd, each of their respective affiliates and the directors, officers, employees and agents of each of the foregoing (“Tes Indemnified Persons”) harmless, on demand, from and against any and all liabilities, losses, costs, claims and expenses (including reasonable lawyers' fees) incurred by any Tes Indemnified Person arising out of or in connection with (whether directly or indirectly) your breach of: (i) these Additional Terms and/or the General Terms (ii) any applicable law or regulation, and/or (iii) the rights of any third party in or to the User-Uploaded Content uploaded by you or on your behalf.

  • We don’t guarantee the suitability or quality of content on Tes Resources. If you’re a large scale business user you must protect us against any losses we may suffer as a result of your use of Tes Resources.