TERMS AND CONDITIONS
1. This constitutes the whole agreement between the parties and there are no agreements, representations or guarantees which exist between the parties, other than that specifically contained herein. No amendment of this agreement shall be binding unless recorded in writing and signed by all the parties. No cancellation shall be binding unless done in accordance with clauses 23 and 24 below.
2. The parent(s)/guardian(s) declare that the information given in the Enrolment Form is complete and accurate.
3. The person responsible for the payment of the account (the Account Holder) accepts responsibility as the debtor, alternatively as co-debtor and surety for the payment of all fees to Tjokkerland CC t/a New Beginnings @ Die Speelkasteel, hereinafter referred to as “the Centre”.
4. The guardian binds him/herself as co-debtor and surety for the payment of all fees to the Centre.
5. The compulsory enrolment fee must accompany this Enrolment Form and it is non-refundable.
6. Fees are determined yearly and the parent(s) and/or Account Holder is informed in writing thereof.
7. Monthly fees are payable in advance, on or before the 3rd (third) of every calendar month.
8. Fees per term are payable in advance, on or before the 3rd (third) of the 1ts (first) month of a term.
9. Fees paid yearly are payable in advance, on or before the 3rd (third) day of February.
10. Mora interest will be charged on accounts which are 30 (thirty) days and more in arrears.
11. The parent/guardian undertake to inform the Centre immediately in the event if they have not receive an invoice at the beginning of the year.
12. The parent/guardian undertake to pay the compulsory annual nonrefundable administration fee.
13. The parent/guardian undertake to pay the monthly fee in advance, on or before the 3rd (third) day of every calendar month.
14. The parent/guardian undertake to pay the fees per term, on or before the 3rd (third) of the 1ts (first) month of a term.
15. The parent/guardian undertake to the fees annually, on or before the 3rd (third) day of February.
16. The parent/guardian understands that mora interest will be charged on accounts that are in arrears.
Breach of Contract
17. In the event where the parent/guardian commits a breach of any term or condition or undertaking of this agreement, the Centre may in its own discretion:
17.1 refuse the child access to the Centre until the breach has been remedied; and/or
17.2 claim for damages as a result of the breach of contract; and/or
17.3 take any other relevant legal action.
18. The parties agree that this agreement is subject to, and shall be interpreted according to the law and legislation of the Republic of South Africa.
19. The parties agree that this agreement is subject to the jurisdiction of a competent court in the Republic of South Africa.
20. The parent/guardian consents to the Centre obtaining, disclosing and exchanging any credit information with any credit bureau or institution with whom the undersigned has had or may have had financial transactions, as well as such information which may be required under the circumstances as contemplated by the National Credit Act (Act No. 34 of 2005).
Domicilium21. The parties choose as their domicilium citandi et executandi for purposes of this agreement, the addresses as set out in this Enrolment Form.
22. The Account Holder undertakes to pay the legal costs for the collection of debt, which shall include the legal fees on an attorney and own client scale, collection fees and collection commission, interest and tracing fees.
23. The parent/guardian undertakes to give 1 (one) full month’s written notice of cancellation.
24. The Centre shall, however, be entitled to terminate this agreement with immediate effect, under the following circumstances:
24.1 In the event that an account is mismanaged or becomes in arrears.
24.2 If the child’s behavior, in the sole discretion of the Centre, is such that continued education and care of the child has become impossible. In such an event, a proportional amount of the fees already paid in advance will be refunded after the deduction of all amounts otherwise owing.
24.3 If the behavior of the parent(s)/guardian(s), in the sole discretion of the Centre, is such that continued education and care of the child has become impossible. In such an event, a proportional amount of the fees already paid in advance will be refunded after the deduction of all amounts otherwise owing.
Consent to Medical Treatment
25. In the event that the parent(s) and/or guardian(s) cannot be reached to grant such consent, then they give consent to the responsible persons to ensure that emergency medical treatment (including surgery) is given to my/our child in the event that such treatment is necessary for the welfare of my/our child. Such a decision will be made on the clear understanding that the person providing the necessary consent is acting in loco parentis and acting as a responsible parent in giving the approval.
26. The parent/guardian accept that the Centre retains the right to make use of the fastest medical service.
27. The parent/guardian accept full responsibility for the payment of all medical and/or hospital costs reasonably incurred in the provision of such necessary emergency medical treatment as referred to above.
28. Particulars of the parent/guardian's medical aid are contained in the Enrolment Form and they consent that the responsible person take note of the medical information as supplied therein.
29. The parent/guardian undertakes to ensure that his/her information is updated at all times and that the Centre shall be informed in writing of any changes in order to ensure that I/we can be contacted, if necessary.
30. The parent/guardian undertakes to comply with the rules and guidelines of the Centre, which may be changed from time to time.
31. The parent/guardian undertakes to inform the Centre, in the event that the child contracts a contagious disease.
32. The parent/guardian undertakes to ensure that the child is kept at home or at another suitable environment during such illnesses as required by health regulations.
33. The parent/guardian consent to the taking of informal photographs of my/our child, and that die Centre may use these photographs in the printed media and/or electronic media and/or social media, of which the use will be solely for purposes of marketing and communication.
34. The parent/guardian consent that the child may participate in the activities, as offered by the Centre.
35. The parent/guardian understand and accept that participation in the activities referred to above is undertaken at the child’s own risk.
36. The parent/guardian declare that Tjokkerland CC t/a New Beginnings @ Die Speelkasteel and its member(s) and/or employees and/or representative(s), as well as ScholarXpress and/or its employees and/or representative(s), acting as agents in good faith, are indemnified and absolved from any liabilities for damages, including patrimonial and non-patrimonial damages, whether or not such damages occur as a result of negligence or failure (excluding gross negligence or intentional conduct) whatsoever, as well as the legal, medical and other costs that may result from the participation or transport of the child in any activity and/or excursion.
37. The terms of this consent and indemnity will be applicable for the duration of the time that the child is enrolled at the Centre.
38. The parent/guardian understand that the responsible persons will take reasonable precautions to ensure the safety and wellbeing of the child.