Enrolment Contract Terms & Conditions

1. DEFINITIONS

1.1 “Academic Calendar” means the academic calendar published by CTU.

1.2 "Administration Fee" means the administration fee as published by CTU and as more fully detailed in the Registration Form.

1.3 "Agreement" means this enrolment agreement as read with the Registration Form and all annexures, as supplemented from time to time.

1.4 "Business Day" means any day excluding Saturdays, Sundays and/or recognised public holidays in the Republic of South Africa.

1.5 "Blended Tuition" means a combination of student-tutor-facilitated and virtual instructor-led tuition and various methodologies of learning (face- to-face/instructor-led; Lync or Skype; laboratory work; virtual-led training; self-study; group interactive studies.

1.6 "Course" means the course selection identified in the Registration Form.

1.7 "Course Fees" means the course (or the course fee) as described and quoted on the Registration Form.

1.8 "Co-signatory" means the party undersigning with the Student, being the Parent/Guardian and/or the Sponsor.

1.9 "CPA"- means the Consumer Protection Act 68 of 2008.

1.10 "CTU" means CTU Training Solutions (Pty) Ltd with registration number 2005/038944/07 and/or any subsidiary of CTU and/or the CTU campus identified in this Agreement.

1.11 "Deposit" means the deposit payable by the Student and/or Parent/Guardian as indicated on the Registration Form.

1.12 "Fees" means the Course Fee, monthly fee, cash fee, and Registration Fee identified in the Registration Form.

1.13 "Minor" means a person under the age of 18 (eighteen) years, as defined in Sections 17 and 18(3)(b) of the Children's Act 38 of 2005.

1.14 "Late Registration Date" means the latest registration date published by CTU in the official Academic Calendar applicable to the relevant year of enrolment.

1.15 "NCA" means the National Credit Act 34 of 2005.

1.16 "Parent/Guardian" means the person identified as the parent or guardian in the Registration Form.

1.17 "Party" means either the Student and/or the Co-signatory or CTU.

1.18 "Parties" means the Student and/or the Co-signatory, and CTU collectively.

1.19 "Registration" means the registration and enrolment of a Student by CTU for the Course selected by the Student as per this Agreement and which registration and enrolment will be subject to the Registration Fee being paid by the Student and/or Parent/Guardian.

1.20 "Registration Fee" means the registration fee as published by CTU and payable by the Student and/or Parent/Guardian and/or Sponsor to reserve a place in the selected Course. The treatment of the Registration Fee in the event of cancellation, transfer, postponement or termination will be governed by this Agreement and applicable law.

1.21 “Registration Form” means the registration form completed by the Student and/or the Parent/Guardian, containing the relevant personal and commercial information relating to the Student’s studies at CTU.

1.22 "Signature Date" means the date of signing of this Agreement by the Student, and/or the Cosignatory, as the case may be.

1.23 "Sponsor" means the person identified in the Registration Form as the sponsor.

1.24 "Student" means the person identified in the Registration Form as the student.

1.25 "Tuition Commencement Date" means the day upon which classes/tuition in respect of the Course/courses are to commence.

1.26 "Virtual Instructor-led Training" means courses that are delivered online in real-time, enabling the student to interact with an established industry expert, regardless of location.

1.27 "1st Semester" means the first academic semester as published in CTU’s Academic Calendar applicable to the relevant academic year.

1.28 "2nd Semester" means the second academic semester as published in CTU’s Academic Calendar applicable to the relevant academic year.

2. GENERAL

2.1 This Agreement is an agreement between the Student and/or the Co-signatory and CTU.

2.2 If the Student is a Minor, this Agreement will be co-signed by the Student's Parent/Guardian, who will be deemed to have assisted the Minor in entering into the Agreement and will be jointly and severally liable with the Student for the Fees.

2.3 If a Sponsor assumes the liability for the Student's fee, the Sponsor will be a third party to this Agreement in his/her/its own name, with the obligation to pay the Fees jointly and severally with the Student, where the Student is not a Minor at the Signature Date. The Sponsor will be held solely liable for the Fees if the Student is a Minor at the Signature Date.

2.4 If the choice of campus is left blank for the Student to later specify his/her choice of campus, it will be deemed that the Student is contracted with the campus that has received his/her Registration Fee.

2.5 If a different campus is attended by the Student than what is reflected on the Registration Form, the campus at which the Student commences their tuition will be the applicable campus.

2.6 Registration is subject to payment of the Registration Fee and compliance with the admission requirements of CTU. If the Registration Fee has not been paid by the Tuition Commencement Date, CTU may refuse to register and grant access to classes until it receives payment. Any refund, retention or application of the Registration Fee will be dealt with in accordance with this Agreement and applicable law. Should the Student and/or Parent/Guardian have paid the non-refundable Registration Fee on or before the Tuition Commencement Date but failed to have reported to any campus of CTU to commence his/her tuition, he/she will be deemed to have been contracted with the CTU campus closest to his/her place of residence/or the CTU campus that received his Registration Fee.

3. COMMENCEMENT DATE AND DURATION

The provisions contained in this Agreement will apply from the Signature Date and will remain in full force and effect from the date thereof until expiration of the Agreement or as otherwise agreed between the Parties in writing, provided that this Agreement is accompanied by proof of payment in respect of the Registration Fee.

4. CTU'S RIGHTS AND OBLIGATIONS

4.1 CTU will offer the Student tutor-facilitated and/or virtual instructor-led and/or Blended Tuition in the year for the Programme.

4.2 The Parties acknowledge that CTU provides facilitator-led tuition and therefore:

4.2.1 in the event of resignation or sickness or temporary indisposition of a facilitator, classes may become disrupted and be rescheduled;

4.2.2 in the event of a permanent indisposition of the facilitator, CTU will, within a reasonable time, once the permanent indisposition has been confirmed, engage the services of another facilitator; and

4.2.3 CTU will not be liable for any disruption or rescheduling of classes due to a facilitator's personal indisposition.

4.3 This Agreement constitutes an undertaking by:

4.3.1 CTU to provide the tuition, learning resources, academic support and related services reasonably required for delivery of the Course, subject to this Agreement; and

4.3.2 the Student and/or Co-signatory to participate in the Course and to pay the Fees as and when they become due and payable in terms of this Agreement.

4.4 CTU makes use of Blended Learning in all classes. CTU reserves the right to apply Online/Lync/Virtual Instructor-led training if fewer than 10 (ten) Students are enrolled in a specific Course.

4.5 CTU reserves the right to postpone, cancel, relocate or reschedule a Course where there is insufficient demand, operational necessity, force majeure, regulatory requirements or other reasonable cause.

4.6 Where a Course is cancelled by CTU before commencement, the Student may elect:

4.6.1 to transfer to a substantially equivalent Course;

4.6.2 to defer enrolment to a future intake; or

4.6.3 receive a refund of Fees paid for services not yet rendered, less any lawful administrative costs actually incurred.

4.7 Courses and Course content are continually being revised and may need to be changed on short notice to reflect changes in the field of study. The right to change any of the CTU Courses and Course content is expressly reserved to CTU and within CTU's discretion. CTU will convey any changes to the Student. CTU will provide reasonable notice of any material change, relocation, cancellation or postponement of a Course.

4.8 Where Fees remain unpaid, CTU may:

4.8.1 restrict access to future classes, facilities, learning management systems and non-essential services until the outstanding amount has been paid;

4.8.2 recover outstanding amounts by lawful means;

4.8.3 charge interest or collection costs only to the extent permitted by law.

4.9 Academic transcripts, statements of results and qualifications will be managed in accordance with applicable legislation, accreditation requirements and regulatory obligations.

5. STUDENT'S RIGHTS AND OBLIGATIONS

5.1 The Student must complete all the courses and specified national and/or international exams relevant to the specific Course within the year of enrolment as specified in this Agreement.

5.2 The Student understands that this Agreement does not entitle him/her to the qualification for which he/she has enrolled under this Agreement or his/her attendance of classes only.

5.3 To qualify for any internationally recognised certification, the Student will, after completing the course or modules of the course, be required to write an internationally recognised examination set by an independent examination organisation that will also be responsible for the issuing of such internationally recognised certifications upon successful completion of such examinations.

5.4 CTU will not be held liable to the Student should a Student fail to pass any examination.

5.5 CTU does not have control over the content and outcomes of the international vendor-related exams.

5.6 A foreign student needs a study permit/visa to study at any CTU campus. All foreign students should complete an online profile, apply online and once accepted, enrol and sign the "Foreign Student Enrolment Agreement".

6. FEES AND PAYMENT TERMS

6.1 Payment in full:

6.1.1 The Student and/or the Parent/Guardian may elect to pay all the Fees as per this Agreement upon completion of this Agreement on/or before the Tuition Commencement Date.

6.1.2 A Student and/or Parent/Guardian that elects to pay all the Fees in full upon completion of this Agreement on/or before the Tuition Commencement Date will be entitled to a Cash Fee (refer to section E: Payment Method).

6.2 Payment in instalments:

6.2.1 The Student and/or the Parent/Guardian may elect to pay the Fees in monthly instalments provided that the Student and/or Parent/Guardian settles the full Registration Fee, Administration Fee, Deposit before the date indicated on the Registration Form, and 1 month's instalment (as a deposit) on or before the last day of the month before the month classes commence. The remainder of the Tuition Fee is payable in equal monthly instalments as set out in the Registration Form.

6.3 Students can enrol by completing and signing the Registration Form, signing this Agreement and paying the Registration Fee. This Agreement will not be considered unless accompanied by proof of payment of the Registration Fee.

6.4 Registration and acceptance into a Programme are conditional upon payment of the Registration Fee by the applicable registration deadline. This Agreement and applicable law will govern the treatment of the Registration Fee following cancellation, transfer, or deferral.

6.5 If the Student elects to enrol for individual courses only, or to supplement a prior qualification by enrolling for (an) individual course/s or modules, or to complete a Course on a different schedule than the annual Course cycle offered by CTU by registering for individual courses, the following terms will become applicable:

6.5.1 The Fees due for each course are payable per course in full before the Tuition Commencement Date of each course.

6.5.2 The Student will attend the first course offered on or after the Tuition Commencement Date specified in the Agreement.

6.5.3 If a Student has made a partial payment to a course/module fee, but has not settled the total Fees at the time the course commences, CTU reserves the right to allow the Student to attend classes and to treat the outstanding balances as arrears.

6.5.4 Any payment received may be allocated first to legally recoverable collection costs and interest, where applicable, and thereafter to the outstanding Fees.

6.5.5 Should a Student fail to make payment when due, CTU will provide written notice allowing at least ten (10) Business Days to remedy the breach. If the breach remains unremedied, CTU may declare the remaining Fees immediately due and payable, provided that such acceleration is reasonable and lawful.

7. DEFERRAL AND TRANSFER

7.1 A Student may request in writing to transfer or defer enrolment to another intake offered by CTU, subject to availability and applicable admission requirements.

7.2 A request made within fourteen (14) calendar days of Registration and before commencement of classes may be approved without additional administration charges.

7.3 Where a request is received more than fourteen (14) calendar days after Registration, CTU may charge a reasonable administration fee reflecting actual administrative costs incurred.

7.4 Any Registration Fee, Deposit or other Fees already paid may be credited toward the Student's account for the approved future intake.

7.5 Any credit resulting from an approved transfer or deferral will remain available for twelve (12) months from the original Tuition Commencement Date unless otherwise agreed in writing.

7.6 If the Student does not re-enrol within this period, CTU may deduct reasonable administrative and cancellation costs actually incurred and will deal with any remaining balance in accordance with applicable law.

7.7 CTU will provide written confirmation of any approved transfer or deferral, including any credit carried forward and fees charged.

8. CANCELLATION FEES

8.1 The Student and/or Co-signatory may cancel this Agreement at any time by written notice.

8.2 CTU may charge a reasonable cancellation fee as contemplated in section 17 of the Consumer Protection Act and as detailed in the Registration Form.

8.3 CTU will provide a written calculation of the cancellation fee upon request.

8.4 Any amounts already paid will first be applied toward:

8.4.1 services already rendered;

8.4.2 learning materials supplied;

8.4.3 approved administration charges; and

8.4.4 any reasonable cancellation fee.

8.4.5 Any remaining balance will be refunded to the person who made the payment.

8.5 Where the cancellation fee exceeds the amount already paid, the balance will become due and payable immediately.

8.6 Before instituting debt collection proceedings, CTU will provide written notice allowing at least ten (10) Business Days for payment.

8.7 Cancellation requests must be submitted in writing and will be acknowledged and responded to in writing.

9. INTERNATIONAL EXAMINATIONS

9.1 The cost of international examinations for some of the courses, as set out in the student prospectus, is included in the Fees payable to CTU.

9.2 If a Student elects to study on his/her own schedule on an enrolment per course basis, all amounts paid to CTU will firstly be allocated towards the Fees and lastly to the costs of the international examination. If any balance is still due by the time that the international examination organisation, which will also be responsible for the issuing of such internationally recognised certifications upon successful completion of such examination, CTU will not be held liable to the Student should the student fail to pass any examination.

9.3 Before attempting the international exams, Students will sit for a CTU examination in preparation for sitting for their international examination. An 80% (eighty percent) pass rate is required before a Student may attempt to write the equivalent international examination.

9.4 International examinations, as specified in the prospectus, must be completed before 1 December of the year during which the course was offered. Examinations written after this date will be for the Student's own account. (Not all CTU courses include international examinations. Please refer to the prospectus of the registration year.)

9.5 The re-write of any international module is not included in our Course fee.

9.6 International examinations can only be taken once a student meets the academic requirements.

9.7 Students must ensure that all international exams are booked before the expiry date.

10. CESSION AND DELEGATION

The Student and/or the Co-signatory may not cede and delegate his/her/their rights and obligations in terms hereof.

11. APPLICATION OF THE NCA

Where payment of any amount is deferred beyond the agreed due date and such arrangement constitutes an incidental credit agreement as defined in the National Credit Act, the rights and obligations of the Parties will be governed by the provisions of the National Credit Act to the extent applicable.

12. ELECTION TO CANCEL THE AGREEMENT

12.1 CTU and the Student and/or Parent/Guardian acknowledge that the CPA applies to this Agreement.

12.2 The Student and/or Co-signatory may cancel this Agreement at any time by written notice to CTU. Any cancellation charges will be determined under this Agreement and applicable law.

12.3 The Parties acknowledge that CTU may incur reasonable administrative, staffing, operational and academic preparation costs in anticipation of providing the Course. Such costs may be considered when determining a reasonable cancellation fee.

12.4 CTU may charge a reasonable cancellation fee in accordance with section 17 of the Consumer Protection Act, the applicable regulations and the provisions of this Agreement.

12.5 The cancellation provisions contained in this Agreement will apply and will be interpreted consistently with the Consumer Protection Act and applicable law

13. NOTICES

13.1 The Parties choose, for all purposes of giving any notice, the serving of any process and for any other purpose arising from this Agreement, the addresses as set out in the Registration Form as it relates to the Student and/or Co-signatory and at the registration campus address, as it relates to CTU.

13.2 Each of the Parties will be entitled from time to time, by written notice to the other, to vary its address to any other physical address and/or its email address.

13.3 Any notice given and any payment made by any Party to the other which is delivered by hand during normal business hours of the addressee's address for the time being will be presumed to have been received by the addressee at the time of delivery, or by email, will be presumed to have been received by the addressee 24 hours after dispatch thereof.

14. GOOD FAITH

14.1 The Parties enter into this Agreement based on trust and record that they will observe good faith in contracting and dealing with each other and implementing the provisions hereof. This implies, amongst other things, that:

14.1.1 the Parties will always during the currency of the Agreement act reasonably and in good faith; and

14.1.2 the Parties will perform their obligations arising from this Agreement diligently and with reasonable care.

15. WAIVER

No waiver of any of the terms and conditions of this Agreement will be binding for any purpose unless expressed in writing and signed by the Party giving the same, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either Party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

16. INDEMNITY

16.1 Subject to applicable law, Students participate in academic, practical and campus activities at their own risk.

16.2 CTU will take reasonable measures to provide a safe learning environment and to protect Students against foreseeable risks.

16.3 CTU will not be liable for loss of personal property, theft, injury or damage suffered by a Student except where such loss or damage arises from the negligence, gross negligence, wilful misconduct or breach of legal duty by CTU, its employees or authorised representatives.

16.4 Nothing in this Agreement will exclude or limit any liability that may not lawfully be excluded or limited under South African law.

16.5 The Student indemnifies CTU against claims arising from the Student's own unlawful conduct or breach of this Agreement, provided that such indemnity will not apply where the claim arises from the negligence, gross negligence or wilful misconduct of CTU.

17. PROTECTION OF PERSONAL INFORMATION

17.1.1 All student practice data will be deleted from the system on course completion.

17.2 CTU collects, stores, and processes Personal Information provided by the Student, which includes but is not limited to names, identity numbers, contact information and banking details. CTU uses the information within the scope for which the information was collected and within the legitimate purpose of offering its business-related services and/or as necessary for the purposes relating to the operation and performance of this Agreement.

17.3 CTU may make use of or process the Student's Personal Information for, inter alia, the following purposes:

17.3.1 Providing the Student with the Services in terms of this Agreement;

17.3.2 In responding to public authorities, court orders and legal investigations, as applicable.

17.4 Personal Information will only be collected and processed for lawful, specific and legitimate purposes related to admissions, academic administration, examinations, student support services, accreditation requirements and compliance with legal obligations

17.5 CTU may share the Student's personal information with its employees, directors, agents and third parties, including the Information Regulator, as required by law, to whom the sharing and/or disclosure of such Personal Information is reasonably necessary for the performance of the obligations and rendering the Services in terms of this Agreement.

17.6 CTU will implement appropriate technical and organisational safeguards to protect Personal Information against loss, unauthorised access, misuse, disclosure, destruction or unlawful processing.

17.7 In the event of a security compromise affecting Personal Information, CTU will take appropriate remedial action and notify affected persons and regulatory authorities as required by POPIA.

17.8 Where Personal Information is transferred outside the Republic of South Africa, CTU will ensure that such transfer complies with the requirements of POPIA.

17.9 CTU will keep Personal Information for as long as necessary to fulfil its obligations under this Agreement or as necessary to comply with any legal or regulatory requirements.

17.10 The Student has the right to:

17.10.1 Request access to, correction, updating, deletion or destruction of Personal Information where permitted by law ;

17.10.2 Request any restriction of the Personal Information;

17.10.3 Object to the processing or further processing of its Personal Information;

17.10.4 Receive the Personal Information provided to CTU and transmit such data to another party; and/or

17.10.5 To complain to the Information Regulator or directly to CTU.

17.11 CTU undertakes to adhere to the provisions of the Protection of Personal Information Act, 2013 when administering, using and/or maintaining any Personal Information.

18. WHOLE AGREEMENT AND NON-VARIATION

18.1 This Agreement is the whole agreement between the Parties, who/which acknowledge that they have not been induced to enter into this Agreement by any representations or warranties, other than those set out or contained herein.

18.2 No representations or warranties will be of any force or effect unless reduced to writing and contained herein.

18.3 No alteration, amendment, variation or consensual termination of this Agreement will be of any force or effect unless reduced to writing and signed by each of the Parties.

18.4 Nothing contained in this Agreement will exclude, restrict or waive any statutory right or remedy available to the Student under applicable law.

19. DISPUTE RESOLUTION

19.1 The Parties will endeavour to resolve any dispute arising from this Agreement through good faith discussions before commencing formal proceedings.

19.2 Nothing in this Agreement limits any right afforded to a Student under the Consumer Protection Act or prevents a Student from approaching any regulator, court, tribunal or authority having jurisdiction.

19.3 CTU's internal dispute procedures will not limit any statutory remedies available to Students.

20. CPA SECTION 49 NOTICE

IMPORTANT NOTICE IN TERMS OF SECTION 49 OF THE CONSUMER PROTECTION ACT

20.1 The Student and/or Co-signatory acknowledges that his/her/its attention has specifically been drawn to:

20.1.1 Fee obligations;

20.1.2 Cancellation charges;

20.1.3 Limitation of liability provisions;

20.1.4 Indemnities;

20.1.5 Deferral and transfer provisions;

20.1.6 Processing of Personal Information.

20.2 The Student and/or Co-signatory confirms that these provisions were explained and that a reasonable opportunity was provided to review them prior to signature.