Some of the words in this agreement are printed in italic type in order to indicate that they have a special meaning for the purpose of this agreement.
1.1. ‘Agreement’ means the registration form and these terms and conditions;
1.2. ‘Debt’ means all debts incurred by the student whose particulars appear on the registration form, including, but not limited to, outstanding study fees;
1.3. ‘Fees’ mean all fees charged by Lyceum College for your studies, including, but not limited to, study and administration fees;
1.4. ‘Material/study materials’ means all study materials supplied by LYCEUM College including all supplied in any electronic format;
1.5. ‘We’, ‘us’ and ‘our’ refers to Lyceum College; and
1.6. ‘You’ and ‘your’ refers to the student whose particulars appear on the registration form.
2. OUR SERVICES TO YOU
2.1. Lyceum College will make available your study material to you within 21 working days from registration.
2.2. The core functions of Lyceum College are to provide training and or tuition, assessment and to certify the student competent upon successful completion of a programme.
2.3. The administrative requirements as well as some of the more pertinent rules and regulations pertaining to a student’s studies are contained in Lyceum College’s official Calendar and Quality Assurance Framework. These rules, regulations and processes shall apply to all students registered at Lyceum College. The Calendar shall be issued to students with their study material. Policies or parts thereof that are not included in the Calendar can be made available to a student upon his or her request, subject to the payment of a fee as determined by the College from time to time. It is important that you read and comply with these prescriptions.
2.4. A student shall not, by reason of his/her failure to submit assignments, or to write exams, be entitled to a reduction in fees, nor will it absolve the student from full liability for the payment of the full fees and other charges. Once a student has received study material and/or commenced tuition and/or by submitting assignments the student may not cancel this agreement except under the provisions indicated herein.
2.5. Lyceum reserves the right to amend its policies, procedures and services to students as often as it deems it necessary without giving notice to the students.
2.6. Once satisfactory arrangements, acceptable to Lyceum College have been made, the student may proceed with his/her studies. Lyceum College reserves the right to discontinue services to a student as often as deemed necessary and in its sole discretion.
2.7. The right to tuition and/or writing of exams is not transferable. Accordingly, the student shall attend to and complete all assignments by him/her. The student shall be the only person entitled to write examinations in respect of the examinable subjects forming part of the programme registered for.
2.8. Students shall only be permitted to write exams upon proof of eligibility and payment of exam fees. Under no circumstances will any student be permitted access to their exam/s results until such time as all outstanding fees and other due amounts under this contract are paid in full.
2.9. The student accepts that Lyceum College shall have the right to vary and update programme and/or subject syllabi at any time, without prior notification and without furnishing reasons.
2.10. The student accepts, as stipulated in the Lyceum College assessment policy that s/he is required to fulfill certain academic requirements.
3. YOUR RESPONSIBILITIES
3.1.1. You must pay postage on everything sent by you* to us*;
3.1.2. You must pay for the replacement of study materials supplied to you* by us*;
3.1.3. Study material supplied to you may not be passed on to anyone else and may not be accessed by anyone other than you;
3.1.4. If necessary, an extension can be granted, provided that we are notified promptly when you are prevented from studying due to illness or reasons beyond your control.
3.2. Payment of your fees
3.2.1. If you are over 18 and will be paying the fees yourself, then you hereby declare that you:
(a). Are legally bound to this contract;
(b). Are responsible for the repayment of the entire debt; and
(c). Accept all the terms and conditions of the agreement.
3.2.2. If you are under 18, then your parent, custodian or guardian:
(a). Must sign acceptance of all the terms and conditions of this agreement;
(b). Hereby accepts responsibility for the repayment of the entire debt; and
(c). Expressly waives the rights of exclusion and division of joint estate.
3.2.3. If a third party will be paying the fees for you, then:
(a). If the third party is a business and/or third party, then the person signing on behalf of the business hereby:
– Warrants us that the signatory has the required legal capacity to enter into and be bound by these terms and conditions;
– Takes full responsibility for the repayment of the entire debt and accepts all the terms and conditions of the entire agreement; and
– Expressly waives the rights of exclusion and division.
(b). If the third party is an individual, then the individual:
– Must sign acceptance of all the terms and conditions of this agreement;
– Hereby accepts responsibility for the repayment of the entire debt; and
– Expressly waives the rights of exclusion and division.
3.2.4. The price payable will be submitted by the method you have indicated on your registration form.
3.2.5. All payments due in terms of this agreement will be paid on or before the due date for payment or any such other date as may be agreed.
3.2.6. We are entitled to levy an administration charge, which you agree to pay, if any debit order or other form of payment is returned unpaid or if your credit card payment is rejected for whatever reason.*
3.8.4. Records of transactions: A record of the transaction can be obtained via email from the student consultant who processes the enrolment.
3.3. What happens if you don’t pay us on time*
Please note that the following points apply to both the student and the payer of the account.
3.3.1. If you breach any of the terms of this agreement by failing to pay any installment within 14 (fourteen) calendar days after its due date, then we shall:
(a). Charge interest on the overdue amount at the interest rate calculated from the due date of payment to the date of actual payment; Prime plus 5% (five percent) of FNB rate;
(b). Inform the respective credit bureaus of your payment default; and
(c). Send you a Section 129 (of the National Credit Act 2005) demand by registered post giving you 10 (ten) business days to pay the debt.
3.3.2. Should a student/account payer fail to make two(2) consecutive payments then the student hereby agrees and acknowledges that he/she will be barred from receiving any further study material, tuition and submitting assignments. Failure to make payment as stipulated above will also result in the student being barred from writing examinations and/or receiving his/her results.
3.3.3. This demand will propose that you refer the debt to a debt counsellor, alternative dispute resolution agent, consumer court or ombudsman with jurisdiction, with the intent that you and us resolve any dispute regarding the debt, or develop and agree on a plan to bring the debt repayments up to date.
3.3.4. If (14 fourteen) days have elapsed since we delivered the Section 129 notice to you and there has been no response to that notice, or if you have responded to the notice by rejecting our proposals, then we shall be entitled to proceed against you for the recovery of the debt, without further notice.
3.3.5. You shall be responsible for the cost of all letters, telephone calls, tracing fees, other collection costs and charges, including all legal expenses, on an attorney own client scale including collection commission at 10% (ten percent) per installment irrespective of the maximum laid down, incurred as a result of any breach of this agreement.
3.3.6. Charges/Bank Fees will be recovered from Payer/student or any other payment if a debit order is rejected.
4. YOUR PERSONAL INFORMATION
4.1. You warrant that the information disclosed in this agreement is true and correct in every respect and it shall be a material breach of this agreement if such information or part thereof is found to be fraudulent, untrue or incorrect. (Please note that this applies to both the student and the payer of the account.)
4.2. You undertake to notify us in writing of any material changes to your contact details, including, but not limited to your business, postal or residential addresses, home, work or cell phone numbers, banking details and email addresses, within 7 (seven) days of such change. (Please note that this applies to both the student and the person responsible for payment.)
4.3. Please note: You consent to us obtaining credit bureau enquiries from time to time through any credit bureau or similar institution in order to ascertain your personal circumstances, credit history and credit worthiness.*
4.4. You consent to us obtaining, using and disclosing your personal information, when necessary, as follows:
(a). to provide the materials to you and otherwise perform our obligations and enforce our rights under this Agreement;
(b). to use your information to inform you of our other programmes, products or services which may be of interest to you;
(c). to share your information with companies in our group, (associated companies and third parties) to enable them to inform you of other products or services that may be of interest to you; and
(d). to give to attorneys and debt collection agencies, if you are in breach of this agreement.*
5. YOUR RIGHTS TO DEBT REVIEW*
5.1. In terms of the National Credit Act (section 86(1)), you may apply to a debt counsellor in the prescribed manner and form in order to have you declared over-indebted.
5.2. However, section 86(2) specifically provides that if we have proceeded to take Section 129 steps against you, then you may not make use of debt review.
6. YOUR RIGHTS TO SETTLE DEBT*
6.1. You are entitled to settle your debts any time, with or without advance notice to us.
6.2. The amount required to settle a debt is the total of the unpaid balance of the principle debt at that time and the unpaid interest charges and all other fees and charges payable by you to us up to the settlement date.
7. LIMITATION OF OUR LIABILITY
We will not be liable in any way whatsoever, for damages, injury, death, liability or losses (whether direct, indirect or consequential) suffered by you, the third party, your parent/guardian or custodian, resulting from the use of the material and/or premises, and/or arising from this agreement, unless such damages, liability or losses are direct results of our gross negligence.
8.1. Fees charged by us exclude:
(a). Registration fees for Institutes and other external bodies; and
(b). Your first examination for every subject within your contract period;
(c). Cancellation fees and
(d). External exams.
8.2. Certificate of completion and award in respect of the programme registered for will only be issued once your account has been settled in full and all applicable assessments have been completed successfully.
8.3. We do not accept responsibility for your eligibility or entry to any public institution of higher or further education.
8.4. Results will only be issued to the registered student and/or parent/guardian.
8.5. We do not accept responsibility for your eligibility or entry for any relevant external Institution or Examining Body.
8.6. You and the account payer/parent/guardian choose the address as disclosed in agreement as your domicilium citandi et executandi for all purposes arising from this agreement.
8.7. No relaxation or indulgence, which we may extend to you, shall affect our rights under this agreement. (Please note that this applies to both the student and the person responsible for payment.)
8.8. All liabilities or obligations under this agreement shall be enforceable against you after termination of this agreement.*
8.9. This agreement constitutes the whole agreement between you and us, and no variation, deletion, or addition will be valid, unless it is in writing and signed or published by us, as is appropriate. (Please note that this applies to both the student and the person responsible for payment.) Electronic communication such as e-mail and the like, shall not constitute written notice or be a variation of the terms and condition of this agreement, no matter the wording contained therein and only a written agreement signed by both parties shall be capable of varying the terms contained herein.
8.10. You consent to the jurisdiction of any Magistrate’s Court having jurisdiction, regarding any legal action issued by us against you arising from this agreement, and you also consent to us issuing proceedings out of the High Court, if we choose to do so. (Please note that this applies to both the student and the person responsible for payment.)
8.11. You reserve the right to cancel this agreement in writing within 5 (five) days from date of registration as per the CPA (Consumer Protection Act),, whereafter this agreement shall not be cancelled without the consent of both you and us. A reasonable cancellation fee will be payable on cancellation, taking various factors into account, such as study material, postage/courier costs incurred, administration costs, fixed costs, lecturing costs, etc.
8.12. All refunds that may be due in terms hereof shall only be payable within a period of 90 (ninety) days after the said refund has been approved by the Cancellation and Refunds Committee. No refund shall be payable unless approval of the refunds committee is obtained, and all their requirements are met/satisfied.
8.13. A minimum non-refundable administration cost of R1000 per student will be charged against any cancellation for any reason whatsoever which cost shall be payable by the student/account payer and shall be deducted from any cancellation fees charged overall to cancel this contract.
8.14. Refunded amounts, if any, as a result of a cancellation, will be determined by the Cancellation and Refunds Committee.
8.15. This agreement is subject to acceptance by us, which acceptance will be communicated in writing to you.
8.16. The student hereby acknowledges to make himself aware of the rules and regulations of this institution and undertakes to abide by the rules and regulations contained in the prospectus and student orientation guide or any other directive issued by this institution.
8.17. Lyceum College shall accept that all rules and regulations are read, and fully understood by each student. The rules and regulations published in the Lyceum Student Calendar are subject to change if such changes are academically warranted. Lyceum College undertakes to transmit any relevant information to you as and when it deems it necessary to do so. It is your responsibility to provide the correct address and contact details to the registration department and to ensure that your contact information is updated periodically. It is your responsibility to confirm with the College that corrections have been made by Lyceum College staff.
8.18. Lyceum College does not guarantee employment.
8.19. Lyceum conducts its examinations at a number of selected centres. The College does not guarantee that an examination centre will be available at your choice of locality For more information and to view the Lyceum Student Prospectus refer to www.lyceum.co.za
* Please note that ‘you’ and ‘your’ in these clauses or sentences refer to the person responsible for payment, being the student (if over the age of 18 years), or his/her parent, guardian or custodian (if the student is under 18 years), or the third party whose particulars appear under section 6 of the registration form.