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1. TERMS AND CONDITIONS
1.1. In this Agreement: –
1.1.1. Clause headings are for the purposes of convenience and reference only and shall not be used in the interpretation of this Agreement, nor to modify nor amplify any of its provisions;
1.1.2. A reference to: –
188.8.131.52. The singular shall include the plural and vice versa;
184.108.40.206. A natural person shall include a juristic person and vice versa;
1.1.3. All the annexes hereto are incorporated herein and shall have the same force and effect as if they were set out in the body of this Agreement;
1.1.4. Words and/or expressions defined in this Agreement shall bear the same meanings in any annexes hereto, which do not contain their own defined words and/or expressions;
1.1.5. Where a period consisting of a number of days is prescribed, it shall be determined by excluding the first and including the last day;
1.1.6. Where the day upon or by which any act is required to be performed is a Saturday, Sunday or public holiday, the Parties shall be deemed to have intended such act to be performed upon the immediately preceding business day;
1.1.7. Where an expression has been defined and such definition contains a provision conferring a right or imposing an obligation on any Party, then, effect shall be given to that provision as if it were a substantive provision contained in the body of this Agreement;
1.1.8. If figures are referred to in numerals and words, the words shall prevail in the event of any conflict between the two;
1.1.9. Words and/or expressions defined in any particular clause in the body of this Agreement shall, bear the meaning so assigned to it throughout this Agreement;
1.1.10. The contra proferentem rule shall not apply and accordingly, none of the provisions hereof shall be construed against or interpreted to the disadvantage of the Party responsible for the drafting or preparation of such provision;
1.1.11. The eiusdem generis rule shall not apply and accordingly, whenever a provision is followed by the word “including” and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned and wherever the word “including” or “includes” is stated it shall not limit the interpretation thereof and shall be all inclusive;
1.1.12. The expiration or termination of this Agreement shall not affect such of its provisions as expressly, provided that they will continue to apply after such expiration or termination or which of necessity must continue to apply after such expiration or termination.
1.2. In this Agreement, unless the context indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings:
1.2.1. “THIS AGREEMENT” – means collectively, this agreement and the annexes hereto;
1.2.2. “CONSUMER” – means the student/payer/surety/guarantor/company and/or third party/sponsor;
1.2.3. “Central Technical College” – means Central Technical College (Pty) Ltd, Registration Number: 2006/014309/07 incorporated in accordance with the laws of the Republic of South Africa;
1.2.4. “FORCE MAJEURE” – means in relation to either Party, an Act of God or any other circumstances beyond the reasonable control of that Party (including, without limitation, any strike, epidemic, pandemic, state of emergency, State Regulation, lockout or other form of industrial action);
1.2.5. “PARTIES” – means collectively, the student/payer/consumer and ICESA; and “Party” shall mean either one of them as the context requires;
1.2.6. “PORTFOLIO OF EVIDENCE” and “PoE”– means the portfolio containing the student’s examinations, assessments and tests;
1.2.7. “SIGNATURE DATE” – means the date upon which the Party signing last in time signs this Agreement.
1.2.8. “GUARANTOR” – means the guarantor and co-principal debtor in solidum.
2.1. The consumer acknowledges that the consumer/students registration with Central Technical College shall only come into force once the enrolment form is duly completed and signed and accepted by Central Technical College, the correct documentation is attached and an invoice is issued to the student upon payment of the required registration fee and minimum required deposit. The student shall be provided with a copy of his/her enrolment contract reflecting the student number, which the student acknowledges will evidence his/her enrolment with Central Technical College. For the avoidance of doubt whether the registration of the student is finalised or not the terms and conditions of this agreement shall become effective upon date of signature hereto.
2.2. Notwithstanding anything contained herein and more especially Clause 2.1 this agreement shall only come into effect immediately upon payment of the registration fee and minimum deposit. A student’s registration is only effective upon submission of all requisite documents as per Clause 3.
2.3. Enrolment and/or registration of a programme shall be for the duration of the year of the programme for which the student has registered.
3. ACCOMPANYING DOCUMENTS
The following material must accompany this application, namely:
3.1. The original and certified copy (no older than three months) of the front page of student’s and payer/surety/guarantor/third party/sponsor’s (where applicable) valid identity document (if a South African citizen);
3.2. Certified copies (no older than 3 months) of student’s study permit in the name of the institution at which he/she is studying and front page of valid passport (if not a South African citizen). The passport and study permit must be valid for a minimum period of 12 (twelve) months from date of registration;
3.3. Where applicable, original and certified copies not older than 3 months, of the students Matriculation (Grade 12) Certificate or equivalent, Grade 11 report, 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 programme registered for;
3.4. Original and certified copies, not older than 3 months, of the students’ Academic Record and Certificate of Good Conduct should the student be transferring from another tertiary education institution or examining body to Central Technical College.
4. PAYMENT/CREDIT VETTING
4.1. By his/her/their signature hereto the consumer hereto authorise/s Central Technical College to enquire from the employers, or any other 3rd party as is necessary in the opinion of Central Technical College, of the person responsible for payment and, the complete details of the salary/income of such person/entity including the date on which the salary is paid and the amount thereof.
4.2. Any amounts that are due under and/or in terms hereof shall be deducted on the salary date of the person (the consumer) who is responsible for payment or the date on which sufficient funds are available. If a payment fails via a Debit order or post-dated cheque, a R250.00 (two hundred and fifty rand) administration fee will be charged to the account of the consumer, in addition to the fee charged by the bank/s in respect thereof.
4.3. Should for any reason whatsoever a debit order be returned unpaid, then the person responsible for such payment hereby irrevocably authorises to debit his/her account with the amount due on any date as Central Technical College may choose or when sufficient funds are available and/or to double debit his/her account and/or to include such other charges as may be applicable with the amounts due at the next debit order date or such other date as may be chosen by Central Technical College in terms hereof.
4.4. By his/her/their signature hereto the consumer/s hereto hereby consent to Central Technical College obtaining the consumers credit bureau reports from time to time through any credit bureau or similar institution in order to ascertain the personal circumstances, credit history and credit worthiness and to supply details of defaults of the consumer hereto.
4.5. By his/her signature hereto the consumer responsible for the payment of fees and/or any amounts due under and/or in terms hereof hereby irrevocably authorises Central Technical College to perform such credit checks as it may in its sole discretion determine with any recognised credit bureau or the like.
4.6. If a payment option other than full settlement is selected: the consumer must submit FICA documents, including but not limited to those as follows:
4.6.1. Proof of income, being in respect of permanently employed persons, in the form of the original and certified copies of the 3 (three) most recent salary advice and for self employed persons/companies 6 (six) months’ bank statements of the period immediately prior to the application and;
4.6.2. Proof of residence not older than 3 months from date of submission and/or registration of the student.
5. TRANSFER PROCEDURE (where applicable)
5.1. Transfer from one Central Technical College Campus to another;
5.1.1. All tuition will be conducted at the preferred campus, save in instances of distance or online registration where contact sessions will be specified by the institution of registration, indicated on the face of this agreement, unless Central Technical College informs the student/consumer otherwise.
5.1.2. A student is entitled under certain circumstances to transfer his tuition to another Central Technical College campus. The consent to transfer shall be at the sole discretion of Central Technical College.
5.2. Transfer from one Central Technical College Programme to another;
5.2.1. Such transfer will be done only on the sole discretion of the Institution and will always be subject to the standards as set out in the Recognition of Prior Learning.
5.2.2. A student who wishes to transfer his/her enrolment from one Central Technical College 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 Central Technical College within the first month of the current programme provided that not more than one month has elapsed since the commencement of the new programme to which he/she intends transferring.
5.2.3. Where the fees in respect of the programmes differ, the transfer shall be subject to a new affordability assessment by the consumer and Central Technical College approval of the affordability assessment 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 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 that the consumer is transferring from, as well as those required for the programme to which he/she or the student is transferring to. The consumer/s must sign documents undertaking to make payment of the increased fee before any transfer can be approved.
5.2.4. In the case of a consumer transferring from any full-time computer programme to another, the consumer will in addition to clause 5.2.3 be charged a default administration fee in respect of computer and software costs.
5.2.5. A transfer is subject to space in the being available in the programme chosen to accommodate the consumer in addition, the consumer must qualify for transfer to such programme chosen.
6. DEFERRAL OF PROGRAMMES (where applicable)
6.1. All students wishing to defer their studies, or part thereof, may make an application in writing to Central Technical College within 14 (fourteen) days of the start of the programme whereupon flexible study options may be considered at the sole discretion of Central Technical College. A deferral charge of 30% (thirty percent) of the original full cost of the full programme to be deferred will be levied against the consumer as precondition to Central Technical College approving the application for the deferral.
6.2. The student is only permitted to defer their studies for the period from date of deferral until the commencement of the next semester in which the programme will be taught and only up to a maximum period of 1 (one) year.
6.3. The consumer shall forfeit any fees paid to the campus in respect of any application to defer subsequent to the period stipulated in 6.2.
7.1. If the consumer registered in an academic year wishes to cancel their enrolment for that year, the following conditions, which shall be cumulative and not separate requirements, shall apply:
7.1.1. In respect of one year programmes and other programmes, excluding short/skills and/or provider/certificate courses: A student may cancel his/her enrolment for the current academic year of study as a whole by completing the cancellation form together with the necessary supporting documents.
7.1.2. In respect of full-time and part-time studies: a consumer may cancel his/her enrolment by completing a cancellation form and returning this together with all the necessary supporting documents required by the institution.
7.2. The consumer shall only be exonerated from liability for the tuition fees (but excluding the registration fee, administration costs and the cost of notes/books, which remain payable and are non-refundable and in addition to any default administration charges which Central Technical College will be entitled to levy) provided that: Central Technical College is informed in writing no later than 4 (four) weeks (full-time) prior and 2 (two) weeks (part-time) prior, to the commencement of the academic year/programme in question.
7.3. The consumer must have received confirmation of such cancellation in writing from Central Technical College for any cancellation to be effectively approved. It is the sole responsibility of the consumer to ensure that he/she has received such confirmation from Central Technical College, without which such cancellation any refund whilst applied for, is not effective/approved.
7.4. Should the consumer wish to cancel any registration and such cancellation is after the 4 (four) week (full-time)prior, 2 (two) week (part-time) prior, to commencement of the programme/academic and any notice period required in terms of this contract then the consumer shall be liable to pay the reasonable cancellation costs that Central Technical College has determined to be reasonable, and which is agreed by the student to be 80% (eighty percent) of the annual fees charged, and which the consumer hereby specifically agrees to by his/her signature hereto which are the fixed costs of the programme.
7.5. However, and at the sole discretion of Central Technical College, and in addition to the Parties reaching agreement on the relevant Terms and Conditions, full tuition value in the sole discretion of Central Technical College may be given in respect of registration for another programme offered by the campus, within the same academic year, to the consumer or (at the election of the consumer) to a member of his/her immediate family and subject to meeting all entrance requirements.
7.6. Once a consumer has commenced attending lectures the student may not cancel this agreement except as provided for herein.
7.7. Any consumer shall only be entitled to cancel under this clause up to 14 (fourteen) days after the release of their matric results, in respect of students whose first year student’s eligibility for the course enrolled for is dependent upon the results of their matric examinations, (save for exceptions made at the sole discretion of Central Technical College), whereafter any cancellation will not result in any reduction of the fees payable for the entire course/programme.
7.8. All cancellations are subject to approval by the Central Technical College Cancellation Committee in its sole discretion and on such Terms and Conditions as it may in its sole discretion determine. Cancellations will only be processed once a duly completed refund and cancellation form has been submitted to Central Technical College. Refund and cancellation forms may be obtained from Central Technical College at the nearest campus or by way of an email request and shall be subject to the cancellation terms and conditions as contained herein.
7.9. All part-time students are not allowed to cancel any programme after commencement of the programme and there will be no refund after the periods stated herein.
7.10. Refunds, if applicable, will take a MINIMUM of 90 (ninety) days to be paid, from date of approval by the Central Technical College Cancellation Committee.
7.11. In the event that the student is expelled, suspended, or this agreement cancelled for any other disciplinary related matter, the consumer shall remain liable for all outstanding fees due and for the avoidance of doubt, in all such instances for the full fees for the course/programme registered for.
8.1. The consumer shall not, by reason of his/her failure to attend lectures, or failure to meet the requirements for successful completion of the course, be entitled to a reduction in fees, nor will it absolve the consumer from full liability for the payment of the full fees and other charges due in respect of the course/programme registered for.
8.2. Where an instalment payment plan has been entered into, the full outstanding fee becomes immediately payable in the event of any non-payment of any instalment or a debit order, without notice to the consumer.
8.3. Should any payment which falls due, not be made for a period of 1 (one) month then the consumer and/or the person responsible for payment hereby agrees and acknowledges that such consumer/student will be barred from attending lectures and campus and/or receiving any tuition material and/or tuition (including distance and online as applicable) until such time as satisfactory arrangements have been made to the sole satisfaction of Central Technical College and that are accepted by Central Technical College in writing. Central Technical College reserves the right to exclude a student more than once from its campus as well as exclude them from exams in its sole discretion.
8.4. No consensual or other cancellation of this contract shall be of any force or effect without the written confirmation from an authorised official (being a Student Services Manager or person of higher authority) of Central Technical College. For purposes of this clause only, written confirmation shall include electronic mail confirmation.
8.5. The consumer is hereby informed that no verbal agreements by any person shall be of force and effect unless the consumer has such cancellation confirmed in writing from the Central Technical College Cancellation Committee. The student by his/her signature hereto is made aware of the provisions of this clause and hereby acknowledges acceptance thereof.
8.6. The right to attend lectures and write exams is not transferable. Accordingly, the consumer 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 Central Technical College programme for which the consumer has enrolled. Any attendance registers must be signed by the consumer in person and under no circumstances will any other person be authorised to sign attendance for any student. 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.
8.7. The consumer accepts that Central Technical College shall have the right to vary the programme syllabus at any time, without prior notification and without furnishing reasons therefor. Central Technical College shall further have the right to alter timetables and exam dates and programme commencement dates at its sole discretion.
8.8. The consumer hereby acknowledges and accepts that Central Technical College shall have the right at
all times to vary the Terms and Conditions hereof. Central Technical College shall post such alterations and/or additions and/or variations on its website (www.ctc.edu.za) or in such other medium/media as it deems fit as soon as is practical in the circumstances. The consumer’s attention is drawn to the provisions hereof and the consumer undertakes to visit such website regularly to ensure that the consumer is fully informed of such.
8.9. Central Technical College 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. Central Technical College shall also be entitled to combine classes of a similar academic level and content. In such event, the usual cancellation process as prescribed above shall be followed save and except to non-refundable registration fees.
8.10. The registration fee paid in terms hereof is non-refundable. Should a consumer fail his/her matric or equivalent examination and is no longer eligible for registration in the elected programme, Central Technical College shall at its own discretion offer to the student an alternative, if the student qualifies for any alternative. The registration fee in such instances remains non-refundable.
8.11. Central Technical College will be entitled to create and apply rules (including due performance requirements) and the consumer hereby agrees to be bound by such rules. Central Technical College shall be entitled to exclude the student from lectures and examinations (without in any way detracting from the right of Central Technical College to recover fees payable), and to withhold any of the consumer’s results and/or the consumer’s examination results should the consumer, as the case may be, fail to comply with any of the terms of this agreement and/or the student code of conduct and/or failure to pay outstanding amounts due.
8.12. The consumer shall be liable for all costs incurred by Central Technical College, including, but not limited to legal fees on an attorney client scale, collection charges and tracing charges in enforcing the obligations of the consumer under this agreement.
8.13. The fees and other charges reflected on the invoice do not include external institute membership fees, external university fees, external registration fees, ANY examination fees (whether internal or external), notes, books, accommodation, stationery or other items, which shall be for the account of the consumer.
8.14. The consumer and in addition more specifically the student (both) are also responsible for ensuring that he/she has been properly registered to write exams internally and with any relevant external institute or examining body, where applicable, and that he/she or the consumer (where the consumer is not also the student) must ensure that written confirmation of being registered for examinations is received from such relevant institute or body and that all relevant fees to such body have been paid by the consumer and that he/she is aware of the exam timetable which is the consumer’s responsibility.
8.15. In the case of a Force Majeure such as war, strike, riot, crime, act of God (e.g., earthquake, volcano, epidemic, pandemic and the like), Central Technical College will be entitled to suspend lectures and/or temporarily close any campuses affected thereby. The consumer shall not by reason of such suspension or closure be entitled to terminate this agreement or claim a refund of fees paid or a reduction on fees payable or any compensation from Central Technical College in whatsoever manner or form.
8.16. No relaxation, waiver variation and/or indulgence granted by Central Technical College to the consumer shall constitute a waiver of any rights vesting in Central Technical College 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, waiver and/or relaxation granted operate as an estoppel against Central Technical College.
8.17. All correspondence assessments, Portfolios of Evidence (PoE’s), assignments and/or any other submissions must be sent by way of registered mail, email or by hand delivery or as specified to Central Technical College’s premises at which the consumer is registered. It is the responsibility of the consumer to ensure that he/she obtains confirmation in writing from Central Technical College on receipt of any documentation and the consumer is obliged to keep certified copy of the receipted POE and a certified copy of the POE, and to submit same in the event of the original being destroyed or misplaced.
8.18. 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 Central Technical College, Central Technical College shall be entitled to reject the consumer’s application and/or to require the consumer to complete a new application in its sole discretion. Central Technical College may not be held responsible for such errors or the consequences thereof and shall not be responsible for any loss incurred thereby contingent or not, and may in its sole discretion agree to abide by or reject such application. The consumer agrees to be bound by such decision.
8.19. The consumer accepts, that as part of the assessment of the programme, the consumer must fulfil certain academic requirements, which may include (but are not limited to) the completion and/or sign-off of a Portfolio of Evidence (PoE) or other forms of assessments.
8.20. The consumer agrees and acknowledges that in certain circumstances, external bodies are responsible for the verification and award of a qualification. In such circumstances Central Technical College shall not be held responsible and/or liable for any delays of whatsoever nature occasioned by the verification process of the awarding/external body and the delay in awarding any qualification, certificate, diploma, degree and the like.
8.21. The consumer acknowledges and agrees that the sole responsibility of the submission of the PoE shall be that of the consumer and that Central Technical College accepts no responsibility for the submission thereof. The consumer must be able to prove that he/she has submitted a PoE by way of written confirmation of receipt from Central Technical College and in addition the student MUST keep a certified copy of the submitted PoE stamped or signed by Central Technical College in the event of the PoE having being lost/destroyed, and making it necessary for the POE to be resubmitted. Central Technical College shall not be held liable for any damages or any claims arising from any circumstances in any manner and/or form, more specifically Central Technical College shall not in any circumstance be responsible for contingent liability.
8.22. Where programmes are subject to external verification and certification, Central Technical College’s result sheet shall not be valid and shall not constitute proof of the actual result as these are subject to external verification and may not be used as proof of having passed such a programme and/or qualification or any other purpose whatsoever.
8.23. Consumers will not be allowed on campus if their account is in arrears. Central Technical College will not issue any consumer with a certificate/diploma/award if any outstanding amount is not paid by the consumer. The consumer by their signature hereto, hereby specifically agrees to the same.
8.24. Consumers will further not be permitted to attend any Graduation ceremony and shall not be issued with their award in the event that their fees remain outstanding.
8.25. The consumer acknowledges and agrees that all work and intellectual property (including but not limited to, copyright, trademark and patent) produced during his/her enrolment with Central Technical College shall belong exclusively to Central Technical College and that the consumer shall have no right to such work produced and waives any and all claim in respect thereof.
8.25.1. In addition, the consumer explicitly cedes in perpetuity and in favour of Central Technical College all rights, titles, and interests in and to any intellectual property, created, generated, produced, designed or otherwise by him/her pursuant to his/her enrolment in the programme.
8.25.2. The consumer undertakes that he/she shall have no right of claim against Central Technical College in respect of the intellectual property at any time during or after his/her enrolment with Central Technical College.
8.26 Where Central Technical College presents blended or online learning it will be done taking into account the circumstances and the achieving of the outcomes of each programme/course. Central Technical College shall not be held liable in such circumstance as to the delivery of same as Central Technical College is totally dependent on the networks to provide such service. Factors that may affect such , are weather reception at the students/consumers geographical location etc.
8.27 Where a student registers for tuition to be conducted via face to face lessons circumstances may prevent such delivery and the consumer/student shall not by virtue of the presentation in any other mode of delivery be entitled to a refund in any such circumstances.
9.1. The consumer understands that submission of any academic work should be the intellectual work of the consumer. Should submission of any academic work not be that of the consumer, it will constitute fraud, which may result in the expulsion of the consumer. It is also recorded that the consumer/student is aware that all submissions by the consumer will be subject to a plagiarism check and that the consumer must meet the minimum standards laid down by Central Technical College in respect of all submissions of any work in terms of the programme/course registered for and including examinations. Central Technical College may use programmes, including but not limited to, such as “Turn it in” to verify such information.
10. PROMOTIONAL ITEMS
10.1. Any consumer who receives a promotional item as a result of their enrolment with Central Technical College, hereby acknowledges that Central Technical College 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 Central Technical College website. Any promotional item bearing the name, logo or likeliness of Central Technical College and/or its associated brands must only be utilized in a manner which upholds the reputation of Central Technical College and/or its associated brands.
11. LEGAL DECLARATION AND INDEMNITY
11.1. Neither Central Technical College nor any official employee or representative of Central Technical College acting in his/her capacity as such shall be liable for any damages, contingent or otherwise arising out of:
11.1.1. The death, bodily harm, loss of health or illness of any CONSUMER howsoever caused; and
11.1.2. The destruction of and/or damage and/or loss and/or theft of any property owned by or in the custody of any consumer, howsoever caused.
11.1.3. Any negligence or oversight on the part of such employee, during the course of its performance of their duties and functions, more especially in the event that any award is made to the consumer erroneously.
11.2. The consumer hereby indemnifies Central Technical College against any claim made (whether for damages, costs or otherwise) against Central Technical College in respect of any action and/or omission of the student and/or the consumer (where the consumer is not also the student).
11.3. The consumer by his/her signature hereto hereby confirms that he/she is fully aware of the type of programme enrolled for and that it is his/her responsibility to make himself/herself aware of the types of programmes and that he/she has fully understood the programme/award/qualification and/or credits awarded in respect of the programme that he/she registers for and is indeed the programme that he/she wants to register for and that no representations verbal or otherwise have been made other than those contained in the official prospectus or on this enrolment form and the fact sheet relating to such registration. The Consumer and more specifically the student acknowledges and warrants that they have read the fact sheet with regard to the programme/s and course/s that they have registered for and hereby warrant by their signature hereto (electronic or otherwise) that they understand the course content, programme outcome, the credit bearing level of such course and the qualification that they will receive in terms thereof. Central Technical College will not be responsible for any claim that any consumer might make that is contrary to the fact sheet in respect of the particular programme/course registered for and the consumer hereby indemnifies Central Technical College against any and all such claims. For the avoidance of doubt it is the consumer and in addition more specifically the students responsibility to ensure that they have read and understood the fact sheet applicable. No exceptions to this will be made.
11.4. The consumer hereby indemnifies Central Technical College against any claim arising from any circumstances in whatsoever manner and/or form. The consumer is further aware of the fact sheet in respect of the programme enrolled and confirms that it accurately reflects the qualification to be conferred and the type of programme registered for.
11.5. By their signature hereto and on the fact sheet, the consumer irrevocably indemnifies Central Technical College against any claim, contingent or otherwise and he/she shall remain bound by the representation contained in such fact sheet only. The consumer is obliged to keep updated on programme outcomes and qualifications at all times.
12. PROTECTION OF PERSONAL INFORMATION
12.1. 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’).
12.2. The consumer hereby authorises Central Technical College or any other authorised member of the management team to use, review and process any personal information provided to Central Technical College and to use same in the manner that Central Technical College sees fit.
12.3. 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 Central Technical College to collect, process and distribute relevant personal information where Central Technical College 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 Central Technical College sharing same.
12.4. 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 Central Technical College.
12.5. The consumer hereby consents to Central Technical College obtaining, using and disclosing his/her personal information, when necessary, as follows:
(a) To provide the materials to the consumer and otherwise perform our obligations and enforce our rights under this Agreement;
(b) To use the information provided to inform the student about Central Technical College’s other programmes, products or services that may be of interest to him/her;
(c) To share the consumer’s information with companies in our group, (associated companies and third parties) to enable them to inform the consumer of other products or services that may be of interest to him/her; and
(d) To hand over to attorneys and debt collection agencies, if the consumer is in breach of this agreement.
12.6. The consumer hereby acknowledges and agrees to Central Technical College using and disclosing his/her personal information and the transmission of such information across borders and where either directly or indirectly required to do so in terms of such laws or orders of court, or where requested to do so by certain Government organisations or for record keeping and statistical purposes.
13. DOMICILIUM CITANDI ET EXECUTANDI
13.1. The student/payer and/or the third party choose the address as disclosed on the face of this agreement as your, the payer’s and/or the third party’s domicilium citandi et executandi for all purposes arising from this agreement including, but not limited to service of notices, delivery of programme materials and/or legal processes.
13.2. Central Technical College chooses as it domiclium citandi et executandi for the purposes of service of all legal notices and processes 57 Underwood Road, Pinetown, 3610.
14. BREACH AND TERMINATION
14.1. In the event of the consumer committing a material breach, including but not limited to non-payment of fees, dishonesty, violence, drugs, etc, which shall not require a notice of a breach, alternatively of any of the terms of this Agreement and failing to remedy such breach within a period of 7 (seven) business days after receipt of a written notice from Central Technical College calling upon the defaulting party to remedy the breach complained of then:
14.1.1. Central Technical College shall be entitled at its sole discretion without prejudice to any of its other rights in law, either:
220.127.116.11. To claim specific performance of the terms of this Agreement; and/or
18.104.22.168. To cancel this Agreement forthwith; and/or
22.214.171.124. Claim and recover damages from the student/consumer.
15. RULES AND REGULATIONS
15.1. The 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.
15.2 The consumer further acknowledges that right of admission to any of Central Technical College’s campuses is strictly reserved and Central Technical College may, at its own discretion refuse admittance to any consumer.
15.3. The consumer agrees and acknowledges that he/she shall be subject to Central Technical College’s disciplinary code for a breach of any of the Terms and Conditions herein and/or the Rules and Regulations as established by Central Technical College. The student is aware that contravention of any of the rules could lead to disciplinary action being taken against the student in terms of the handbook.
16. ENTIRE CONTRACT
16.1. The Terms and Conditions contained herein as well as the terms contained on the Central Technical College website (www.ctc.edu.za) shall be the entire contract between the consumer and Central Technical College. No variation or alteration hereof shall be of any force and effect unless reduced to writing and signed by both parties in ink and by hand. The Consumer hereby warrants that only the information contained herein are correct and that no representations, whether verbal or otherwise, other than as is contained herein have been made to the student by any agent, external party or employee of Central Technical College.
The student/consumer confirms that he/she has made themselves fully aware of the Terms and Conditions contained on such website.