PARENT / GUARDIAN DECLARATION AND CONTRACT OF ENROLMENT
The rights and obligations contained in this Contract are binding on every person who signs this Contract and must be carried out for the child to be successfully enrolled and retained at the school.
1. Definitions
1.1 “Child” or “Student” means the child or children (of any age) admitted by the school to be educated.
1.2 “Contract” means this document, including the Enrolment form and the documents listed in Section 4 of the Enrolment form, as well as any Policies.
1.3 “Enrolment Fee” means the fee paid by the Parent/s to cover all the administrative costs involved in registering a child at the school and which may include an initial contribution to the development and capital costs of the school.
1.4 “Fee” means any amounts owing to the school for a child’s enrolment, education, and related activities at the school. Such fees shall be clearly communicated to you in advance.
1.5 “Head” means the person appointed by the board of governors of the school to be responsible for the day-to-day management of the school, including anyone to whom such duties have been delegated.
1.6 “Parent” or “you” means each person who has signed this Contract as the parent or legal guardian of a child.
1.7 “Parties” means the Parent/s and the school.
1.8 “Policies” means the rules and the principles adopted by the school as published by the school from time to time, which are used to regulate the day to day running of the school.
1.9 “School” or “we” means EASTC Technical School
1.10 “School fees” means the money payable by the Parent/s to the school in connection with a child’s education, excluding any Enrolment fee or Deposit.
1.11 “School Rules” means the rules of the school, a copy of which is provided to each child on entry and is sent to Parents with the letter offering a place at the school, as those rules may be amended from time to time for legal, safety or other reasons or to assist the proper administration of the school.
1.12 “Magistrate’s Court Act” means the Magistrate’s Court Act No 32 of 1944.
2. OBLIGATIONS OF THE SCHOOL
2.1 The enrolment of students in the school is at the discretion of the Head who may refuse a student’s enrolment to the school without giving reasons therefor.
2.2 We undertake to exercise reasonable skill and care in respect of your child’s education and welfare. This obligation will apply during school time and other times when your child is permitted to be on school premises or is participating in school related activities.
2.3 Your child’s progress will be monitored. We will advise you if your child’s progress is concerning to the school.
3. DISCLAIMERS
3.1 The school does not accept liability for theft or loss of, or damage or destruction to any property of whatever nature brought on to the school premises by your child.
3.2 Unless specifically indicated otherwise, you consent to your child participating, under proper supervision in sports and other activities which may entail some risk of physical injury.
3.3 The school will make every effort to provide a safe and secure environment, however it is specifically recorded that the school does not accept liability for accidents, injuries, or disability caused to your child while in transit to and from the school.
3.4 The school does not warrant that the latest software title release will be selected for training purposes. The width of the user base and the degree of error-free execution of the software will be considered in making a final decision.
3.5 Malicious damage to property and/or property of the school will be regarded in a most severe light and may result in claims for damages and/or expulsion of the student responsible for the damage. Interest will be charged on such damages at a rate of 2.5% per month, calculated daily and compounded monthly.
3.6 The School’s Code of Conduct and/or policies lays out the conduct for which your child may be reprimanded, suspended and/or expelled. Any suspension and/or expulsion shall be preceded by the necessary disciplinary proceedings. Suspension and/or expulsion shall not absolve you of your payment obligations under this contract.
4. PARENT’S GENERAL OBLIGATIONS
4.1 You shall inform the school of any special educational needs of your child known to you.
4.2 You are required to encourage your child in his or her studies, give appropriate support at home; keep the school informed of matters which affect your child; maintain a courteous and constructive relationship with school staff; and attend meetings and otherwise keep in touch with the school where your child’s interests require you to do so.
4.3 The head may, at his/her discretion, suspend or expel and/or require you to remove your child from the school if he/she considers that your child’s attendance, progress, or behaviour is unacceptable and in the reasonable opinion of the Head the child’s removal is in the school’s best interests or those of your child, other children, or the school in general.
5. POLICIES OF THE SCHOOL
5.1 You undertake to comply with all the rules and policies of the school and acknowledge that it is your responsibility to make yourself familiar with the policies.
5.2 You are responsible for your child.
5.3 You will ensure that your child observes all school rules and policies.
6. ACCEPTANCE AND DEPOSIT/ ENROLMENT FEE
6.1 Admission of your child is subject to you signing this contract and paying the enrolment fee.
6.2 Failure by your child to attend school for any reason whatsoever (save for by reason of death or long-term hospitalization) will not reduce your liability for school fees.
6.3 The enrolment fee is an administration fee (which is deemed as a service rendered). For that reason, the enrolment fee cannot be refunded.
7. PAYMENT OF FEES
7.1 It is your responsibility to pay and clear the fees applicable to your child to attend school. Fees are payable on the 7th day of each month in advance. Monthly school fees must be made by way of debit order.
7.2 Any Fee or other moneys owing by you to the school not paid within 7 days of it becoming due will bear interest at a rate of 2.5% per month, calculated daily and compounded monthly.
7.3 In addition to interest the school will be entitled to recover from you default administration costs and collection costs, as contemplated in the NCA, including legal costs on an attorney and own client scale and collection commission to the extent permitted by the NCA.
7.4 A certificate signed by the Head showing the outstanding amount due by you to the school shall be prima facie proof that the amount is due, outstanding, and payable.
7.5 If any instalment on account of a fee which is payable is not paid on the due date, the entire balance of the fee outstanding will immediately become due and payable by you. No indulgence or grant of time by the school will constitute a waiver of its rights under this contract or otherwise.
7.6 You are entitled to elect whether to pay school fees annually, termly, or monthly. If you elect to pay the year’s school fees before March, you will receive a rebate of 10% on school fees.
7.7 The school fees will be reviewed from time to time and may be increased by an amount which the school considers reasonable. We will endeavour to give you at least two calendar months’ notice of any increase in the fees due for a particular term.
8. PROTECTION OF PERSONAL INFORMATION
8.1 By entering this contract, and unless you at any time instruct the school expressly and in writing to the contrary, your consent is given for the school to:
8.1.1. Contact, request and obtain information from any credit provider or registered credit bureau relevant to an assessment of your behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness.
8.1.2 Furnish information concerning your behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness to any registered credit bureau or to any credit provider (or potential credit provider) seeking a reference regarding the account conduct; and
8.1.3 include photographs, with or without name, of your child in school publications, or in press releases to celebrate the school or your child’s activities, achievements, or successes.
8.2 The school may not distribute or otherwise publish any of your personal information in its possession, unless you give your consent, in writing, to the school that it may do so. Should this be the case, the school may do so. The school shall only distribute or otherwise publish the information specified in your consent to the people and for the purpose stated in your written consent.
9. BREACH, TERMINATION, NOTICE REQUIREMENTS AND PENALTIES
9.1 This contract will terminate when your child completes the school’s curriculum and any exit examination we offer at the end of your child’s schooling, unless otherwise terminated on the terms of this contract. This contract therefore has an indefinite term.
9.2 You may cancel this contract without incurring any penalties by providing notice in writing at least 91 days before the commencement date of the school year.
9.3 You may also cancel this contract at any point thereafter (whether 90 days or less before the commencement date of the school year or during the school year), by providing at least 20 days’ written notice.
9.3.1 In such event, an amount not less than 10% but not more than 25% of the full year’s tuition will be payable as a reasonable cancellation penalty.
9.3.2 The exact reasonable cancellation penalty shall be based on the period of notice provided. The longer the notice period you provide, the lower the cancellation penalty.
9.3.3 A sliding scale shall be used to determine the exact amount due in respect of the reasonable cancellation penalty, which shall be as follows:
9.3.3.1 90 days’ notice: penalty amounting to 10% of the full year’s tuition.
9.3.3.2 60 days’ notice: penalty amounting to 15% of the full year’s tuition.
9.3.3.3 30 days’ notice: penalty amounting to 20% of the full year’s tuition.
9.3.3.4 20 days’ notice: penalty amounting to 25% of the full year’s tuition.
9.4 You shall remain liable for all amounts due and payable to the school in respect of all services rendered until the date that the contract is terminated.
9.4.1 For the avoidance of doubt, where written notice has been provided, the date of termination of the contract shall only be upon expiration of the notice period (example: if you provide 20 days’ written notice, the contract shall only terminate on the 20th day).
9.5 Should any fees have been paid in advance, any amounts due by you to the school (including amounts for educational services rendered and any cancellation penalties) will be subtracted from such fees paid in advance, and you will be refunded the balance.
9.6 The school also has the right to cancel this contract at any time, for any reason, provided that it gives you a full term’s notice, in writing, of its decision to terminate this contract.
9.7 The school’s alternative remedies remain reserved. The school may cancel this contract immediately and has no obligation to return any deposit or pre-paid fees in the event of a material breach and you have not (in the case of a breach which is capable of remedy) remedied the material breach within twenty (20) business days of a notice from the school requiring you to do so. The school may claim payment of all moneys then owing and damages equal to one term’s fees.
9.8 Notices are to be given in accordance with clause 14 below.
10. JURISDICTION AND GOVERNING LAW
10.1 This Contract is governed by the law of the Republic of South African.
10.2 You hereby consent to the jurisdiction of any Magistrate Court having territorial jurisdiction in respect of the subject matter in dispute, notwithstanding that the amount of any claim is otherwise beyond such jurisdiction, provided that we will be entitled to institute any proceedings against you in any competent division of the High Court of South Africa should we elect to do so.
11. AMENDMENTS AND VARIATIONS
We reserve the right to change or add to these terms and conditions from time to time. The school will give you at least a term’s notice of any such modifications.
12. SUPERSESSION
This Contract supersedes and replaces all prior contracts, agreement, commitments, undertakings, or representations, whether oral or written, between the Parties in respect of the subject matter hereof. This contract constitutes the whole agreement between the Parties and no warranties between the Parties other than those set out herein, or incorporated by reference herein, are binding on the parties.
13. WHOLE AGREEMENT
This Contract, including the documents as listed under section 4 of the Enrolment form, comprises the entire agreement between the parties, and you acknowledge that no warranties, representations or guarantees which are not contained herein have been relied upon in entering this Contract.
14. DOMICILLIUM CITANDI ET EXECUTANDI (ADDRESS FOR NOTICES) AND GIVING OF NOTICES
14.1 The addresses set forth in the Enrolment form shall be the parties’ domicillium citandi et executandi (address where you will accept notices, whether legal or otherwise) for all purposes arising from this Contract.
14.2 A party may at any time change its domicilium address by notice in writing, provided that the new domicilium address is in the Republic of South Africa and consists of, or includes, a physical address at which process can be served.
14.3 Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing.
14.4 Any notice relating to cancellation of this contract must be sent via email or delivered by hand and must not be sent by registered post.
14.5 Any notice to a Party:
14.5.1 may be sent by email to the email addressed nominated herein above and shall be deemed to have been received on the following business day (unless the contrary is proved);
14.5.2 sent by prepaid registered post in a correctly addressed envelope, shall be deemed to have been received on the 10th business day after posting (unless the contrary is proved); or
14.5.3 delivered by hand to a responsible person during ordinary business hours, shall be deemed to have been received on the day of delivery.
14.6 Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at that Party’s chosen domicilium
15. SEVERABILITY
In the event of any provisions of this agreement being invalid, such provision/s shall be regarded as severable from the remainder of the agreement which shall remain of full force and effect.
16. GENERAL
16.1 All the particulars that you may furnish or that you have furnished to the school on this contract or otherwise from time to time are or will be, to the best of your knowledge and belief, full, true, and accurate.
16.2 Any relaxation or indulgence granted by the school to you, in particular acceptance of any amount due in terms hereof after the due date, shall not be construed as a waiver of any of the School’s rights in terms hereof.