School of Business Management & Corporate Training Damelin 2018 Enrolment Terms & Conditions

If payment fails via Debit Order or Post-dated Cheque, a R100 administration fee will be charged to your account in addition to the fee charged by the bank/s in respect of such reversal.
Students right to rescind/terminate the agreement
1. Damelin PROGRAMMES
  A full registration by a student shall be for the entire period/duration of the course registered for.
2. Cancellation
  If the consumer or the student (where the consumer is not also the student) registered in an academic year wishes to cancel their enrolment for that year, the following conditions shall apply.
3. Full-Time/Part-Time Studies
  1. Complete a cancellation form.
  2. One-year Programmes and Other Programmes
    A consumer or the student may cancel his/her enrolment for the current academic year of study as a whole and shall be exonerated from liability for the tuition fees (but excluding the registration fee and the cost of notes/books, both of which remain payable, and default administration charges for Damelin will be entitled to levy) provided that Damelin is informed in writing no later than 4 (four) weeks prior to the commencement of the academic year in question and with written confirmation of receipt of such cancellation having been furnished by Damelin. Should the student/consumer wish to cancel such registration and such cancellation is within the 4 (four) week (full time), 2 (two) week (part time) notice period required in terms of this contract then the student/consumer shall be liable to pay the reasonable cancellation costs that Damelin has determined to be reasonable, which is agreed by the student to be 80% (eighty percent) of the annual fees charged, and which the student/consumer hereby agrees to, by his/her signature hereto. However, at the discretion of Damelin, and subject to the parties reaching agreement on the relevant terms and conditions, full tuition value may be given instead, within the same academic year, to the consumer (at the election of the consumer) to a member of his/her immediate family. Any student/consumer shall only be entitled to cancel under this clause up until 30 June of the year of registration (full time), whereafter any cancellation will not result in any reduction of the fees payable for the entire course. All cancellations are subject to approval by the cancellation committee and on such terms and conditions as it may determine. All part-time students are not allowed to cancel any course after commencement and there will be no refund after the notice period stated above.
General
1. The student shall not, by reason of his/her failure to attend lectures, be entitled to a reduction in fees, nor will it absolve the student/consumer (where the consumer is not the student) from full liability for the payment of the full fees and other charges. Once a student has commenced attending lectures the student may not cancel this agreement except as provided for herein. The full fee is payable after 2 (two) non-payment of debit orders. Should any payment not be made for a period of 2 (two) consecutive months then the student and/or the person responsible for payment hereby agree and acknowledge that such student will be barred from attending campus and/or receiving any tuition material and/or tuition until such time as satisfactory arrangements have been made with Damelin that are acceptable to Damelin. Damelin reserves the right to exclude a student more than once from its campus.
2. No consensual or other cancellation of this contract shall be of any force or effect without the written consent thereto by an authorised director or authorised official of Damelin. The student/consumer is hereby informed that no verbal agreements by any person shall be of force and effect unless the student/consumer has such cancellation confirmed in writing from the Damelin Cancellation Committee. The student by his/her signature hereto is made aware of the provisions of this clause and hereby acknowledges acceptance thereof. Refunds will take a minimum of 90 (ninety) days to be paid, from date of approval by the cancellation committee. By his/her signature hereto the persons responsible or standing surety for the payment of fees and/or any amounts due under and/or in terms hereof hereby irrevocably authorises Damelin to perform such credit checks as it may in its sole discretion determine with any recognised credit bureau or the like. No person shall be entitled to claim a refund in the event that a course had commenced and has been effective for more than a period of 2 (two) weeks.
3. The right to attend lectures and write exams is not transferable. Accordingly, the student shall attend all lectures in person and shall be the only person entitled to write examinations in respect of the subjects forming part of the Damelin programme for which the student has enrolled. Under no circumstances will ANY STUDENT be permitted to write exams if any amount is outstanding and the full fees and other amounts due under this contract are not paid in full prior to such exam.
4. The student/consumer (where the consumer is not the student) accepts that Damelin shall have the right to vary the programme syllabus at any time, without prior notification and without furnishing reasons therefor. Damelin shall further have the right to alter timetables and programme commencement dates at its own discretion, on written notice to the student/consumer. The student/consumer hereby acknowledges and accepts that Damelin shall have the right at all times to vary the terms and conditions hereof. Damelin shall post such alterations and/or additions and/or variations on its website (www.damelin.co.za) as soon as is practical in the circumstances, and the student’s attention is drawn to the provisions hereof and the student/consumer undertakes to visit such website regularly to ensure that the student/consumer is fully informed of such.
5. Damelin shall have the right in its sole discretion, to postpone or cancel tuition in any programme initially advertised and offered, on the basis of insufficient demand. Damelin shall be entitled to combine classes of a similar academic level and content.
6. The registration fee paid in terms hereof is non-refundable. Should a student fail his matric or equivalent examination, Damelin shall at its own discretion offer to the student an alternative, if the student qualifies for any alternative.
7. Damelin will be entitled to create and apply rules (including due performance requirements) and the student hereby agrees to be bound by such rules. Damelin shall be entitled to exclude the student from lectures and examinations (without in any way detracting from the right of Damelin to recover fees payable), and to withhold a student’s results (or the student’s examination results) should the student or the consumer, as the case may be, fail to comply with any of the terms of this agreement.
8. The student/consumer shall be liable for all costs incurred by Damelin, including, but not limited to attorney and client fees, collection charges and tracing charges in enforcing the obligations of the student under this agreement, to the maximum extent permitted by the National Credit Regulator.
9. The fees and other charges reflected on the invoice do not include external institute membership fees, external university fees, examination fees, notes, books, stationery or other items, which shall be for the account of the student/consumer.
10. The student/consumer (where the consumer is not also the student) is responsible for ensuring that he/she has been properly registered with any relevant external institute or examining body, where applicable, and that he/she or the student/consumer (where the consumer is not also the student) must ensure that confirmation of being registered for examinations is received from such institute or body and that all relevant fees have been paid by the student/consumer.
11. In the case of an extraordinary event or circumstance beyond the control of such parties, such as war, strike, riot, crime, act of God (e.g. earthquake, volcano), Damelin will be entitled to suspend lectures and temporarily close any campuses affected thereby. The student/consumer (where the consumer is not also the student) shall not by reason of such suspension or closure be entitled to terminate this agreement or claim a refund, fees paid or a reduction on fees payable or any compensation from Damelin.
12. No relaxation, variation, or indulgence granted by Damelin to the student/consumer (where the consumer is not also the student) shall constitute a waiver of any rights vesting in Damelin in terms hereof, and no reliance may be placed by the customer or signatory hereto or any statement or representation (whether oral, tacit or otherwise) not contained herein. Neither shall such indulgence granted operate as an estoppel against Damelin.
13. All correspondence must be by way of registered mail, telefax or by hand delivery to Damelin’s premises. All correspondence must be received and signed for by Damelin prior to the applicable cut-off date as stated elsewhere in this agreement. It is the responsibility of the student to ensure that he/she obtains confirmation in writing from Damelin on receipt of any documentation.
14. In the event of the signatories to this agreement, having completed this form incorrectly and/or having signed an incorrectly completed form, or the payment details herein not being in accordance with the requirements of Damelin, Damelin shall be entitled to reject the student’s application or to require the student to complete a new application. Damelin may not be held responsible for such errors or consequences hereof.
15. Any student/consumer (where the consumer is not the student) who receives a promotional item as a result of this enrolment contract, hereby acknowledges that Damelin is not responsible for any repairs, service issues, warranties or performance in relation thereto. These must be referred to the promotional item manufacturer, service provider, network or agent(s) thereof, as the case may be, as well as the terms and conditions on the Damelin website.
16. The student accepts, as stipulated in the Damelin Assessment Policy (which shall be deemed to form part of this agreement) that as part of the assessment of the programme, the student must fulfil certain academic requirements, which may include (but are not limited to) the completion and/or sign-off of a Portfolio of Evidence or other forms of assessments. The student understands that submission of any academic work should be the intellectual work of the student. Should submission of any academic work not be that of the student, it will constitute fraud, which may result in the expulsion of the student.
17. Students will not be allowed on campus if their account is in arrears. Damelin will not issue any student with a certificate/diploma/award if any outstanding amount is not paid by the student. The student/consumer by their signature hereto, hereby specifically agrees to the same.
Transfer Procedure
1. Transfer from One Damelin Campus to Another
  1. All tuition will be conducted at the preferred campus indicated on the face of this agreement, unless Damelin informs the student/consumer otherwise.
  2. A full ‘Transfer Policy’ document will be made available to the consumer if requested and forms part of this contract of enrolment. In essence this means that a consumer (or the student, where the consumer is not also the student) is entitled under certain circumstances and subject to the terms of the transfer policy to receive tuition from a Damelin campus.
2. Transfer from One Damelin Programme to Another
  1. A full ‘Transfer Policy’ document will be made available to the consumer on request and forms part of this contract of enrolment once completed.
  2. Full-time/Part-time Students
    A consumer/student who wishes to transfer his/her enrolment (or the enrolment of the student, where the consumer is not also the student) from one Damelin programme to another, at the same campus and in the same academic year and/or quarter (whichever is applicable), may apply for permission to do so from Damelin. Where the fees in respect of the programmes differ, the transfer shall be subject to a new credit application by the student/consumer and Damelin’s approval of the credit application and the transfer. In all such cases, the fee payable will be that of the programme carrying the higher fee, even if that happens to be the programme from which he/she is transferring. In addition to the higher tuition fee, the student/consumer will be charged the value of the notes/books for the programme from which he/she or the student, as the case may be is transferring, as well as those required for the programme to which he/she or the student is transferring. In the case of a student/consumer transferring from any full-time computer programme to another, the consumer will additionally be charged a default administration fee in respect of computer and software costs. A transfer is subject to there being space in the said course chosen to accommodate the student in addition to the student qualifying for transfer to such course chosen.
3. Deferral of Programmes
  All students/consumers wishing to defer their studies (or the studies of the student, where the consumer is also not the student), or part thereof, may make an application in writing to Damelin within 14 (fourteen) days of the start of the course whereupon flexible study options may be considered at the sole discretion of Damelin. A deferral charge of 30% (thirty percent) of the original cost of the programme to be deferred will be levied against the consumer as precondition to Damelin approving the application for the deferral. A full ‘Deferral Policy’ document will be made available to the student and is also available at all Damelin campuses and forms part of this contract of enrolment once completed.
Payment
1. By his/her/their signature hereto the signatory/signatories hereto authorise/s Damelin to enquire from the employers of the person responsible for payment and including the student and/or surety, the complete details of the salary of such person including the date on which the salary is paid and the amount.
2. Any amounts that are due under and/or in terms hereof shall be deducted on the salary date of the person who is responsible for payment.
3. Should for any reason whatsoever a debit order be returned unpaid, then the person responsible for such payment hereby irrevocably authorises Damelin to debit his/her account with the amount due on any date as Damelin may choose and/or to double debit his/her account with the amounts due at the next salary date.
Legal Declaration and Indemnity
6.1 Neither Damelin nor any official employee or representative of Damelin acting in his/her capacity as such shall be liable for any damages arising out of: 6.1.1 The death, bodily harm, loss of health or illness of any customer caused; and 6.1.2 The destruction of and/or damage and/or loss and/or theft of any property owned by or in the custody of any customer, howsoever caused. 6.2 The student/consumer hereby indemnifies Damelin against any claim made (whether for damages, costs, or otherwise) against Damelin in respect of any action and/or omission of the student and/or the consumer (where the consumer is not also the student). 6.3 The student by his/her signature hereto hereby confirms that he/she is fully aware of the type of course and/or programme enrolled for and that it is his/her responsibility to make himself/herself aware of the types of courses and that he/she has fully understood the course that he/she registers for and is indeed the course that he/she wants to register for and that no representations have been made other than those contained in the official brochure. The student/consumer hereby indemnifies Damelin (Pty) Ltd against any claim they may have. The student is further aware of the factsheet in respect of the programme/course enrolled and confirms that it accurately reflects the qualification to be conferred and the type of programme/course registered for.
Protection of Personal Information
The Parties acknowledge their respective obligations to comply with the substantive provisions of the Protection of Personal Information Act, 4 of 2013 (hereinafter referred to as ‘POPI’). The personal information received shall not be further processed or disclosed without the consent of the disclosing party. The student/consumer hereby authorises Damelin or any other authorised member of the management team to use, review and process any personal information provided to Damelin and to use same in the manner that Damelin sees fit. The persons signing this agreement acknowledge that they know and understand their right to privacy and to have their personal information processed in accordance with the conditions for the lawful processing of their personal information, and hereby give their consent to Damelin to collect, process and distribute relevant personal information where Damelin is legally required, and/or obliged to do so. They also consent to any third party service providers to have access to their personal information and consent to Damelin sharing same. The persons signing this agreement confirm and acknowledge that they are aware that the information that they have provided may be transmitted to persons, companies, subsidiaries, affiliates and third parties outside of the borders of South Africa and hereby consent in terms of section 72 of POPI to such transmission and use by Damelin.
Accompanying Documents
The following material must accompany this application, namely:
1. The original and certified copy of the front page of student’s valid identity book (if a South African citizen);
2. Certified copies of student’s study permit and front page of valid passport (if not a South African citizen);
3. Where applicable, original and certified copies of Matriculation (Grade 12) Certificate, or symbols, or School Leaver’s Certificate. If the student is awaiting matriculation results, these must be furnished as soon as they become available; and in any event prior to commencement of the course registered for.
4. Original and certified copies of Academic Record and Certificate of Good Conduct should the student be transferring from another tertiary education institution or examining body to Damelin.
5. Original and certified copies of Confirmation of Institute Enrolment where applicable.
6. If a payment option other than full settlement is selected, the student/company/guarantor/surety must submit:
  - Proof of income, being in respect of permanently employed persons
  - The original and certified copies of the 3 (three) most recent salary advice or 3 (three) months’ bank statements for self-employed persons • Proof of residence of account payer
7. Supporting documentation, should the student require additional time for examinations. The student/consumer (where the consumer is not also the student) acknowledges that this agreement shall only come into force once the enrolment form is duly completed, the correct documentation is attached and an invoice is issued to the student upon payment of the required registration fee and minimum required deposit.
Rules and Regulations
The student/consumer by his/her signature hereto hereby acknowledges that he/she has read and agrees to abide by all the rules and regulations of any campus that he/she attends and acknowledges that he/she can be disciplined in terms thereof. The student/consumer further acknowledges that right of admission to any of Damelin’s campuses is strictly reserved and Damelin may, at its own discretion refuse admittance to any student and/or consumer.
Address for Service and Receiving of Documents (Chosen Domicilium)
Damelin and the student/consumer (where the consumer is not also the student) respectively choose as their domicilium addresses for the service of legal documents the addresses listed on the front page of this agreement. Any party to this agreement may change its address by delivering to the party a written notice of the new address in the manner specified in the National Credit Act, and any delivery made or attempted at such domicilium address chosen by the student shall be proof of completion of Damelin’s obligation with regard to any study material due to the student. The student/consumer warrants that such address at which delivery of all material and/or study notes, etc. is to be effected and indemnifies Damelin against any claim for delivery of student materials, should Damelin be able to show attempted delivery.
Entire Contract
The terms and conditions contained herein as well as the terms contained on the Damelin website (www.damelin.co.za) shall be the entire contract between the student/consumer and no alteration and/or any verbal representation and/or variation or amendment will be of any force and effect unless such is reduced to in writing and hand signed by all parties hereto. Electronic communication such as email etc. shall not be construed as being written agreements between the parties and are specifically excluded as is electronic signatures as being vaild for this purpose.