This is a legal and binding agreement between the parent/legal guardian and Hale Trenoweth and Associates (Pty) Ltd T/A Beyond The Edge Tutoring (hereinafter referred to as ‘’Beyond The Edge Tutoring’’) also known as an Enrolment Agreement where Beyond The Edge Tutoring will provide tutoring services to the learner on the following terms and conditions:
1.1 ‘’Agreement’’ means this Enrolment Agreement signed by the Parent and Beyond The Edge Tutoring
1.2 ‘’Beyond The Edge Tutoring’’ means Hale Trenoweth and Associates (Pty) Ltd trading as Beyond The Edge Tutoring with registration number 2014/068824/07;
1.3 ‘’Learner’’ means the school learner (Grade R-Grade 12) who is being enrolled for the Online Learning Management System (LMS) /or the Subject Tuition Classes;
1.4 ‘’Parent’’/ legal guardian means the Parent or Legal Guardian who has parental rights and responsibilities in respect of the Learner;
1.5 ‘’Registration Fees’’ means the once-off fee due prior to commencing online classes;
1.6 “SA-SSF” means the South African Skills and Scholarship Awards Foundation Reg 100-053 NPO;
1.7 ‘’Services’’ means the tutoring services offered by Beyond The Edge Tutoring with include all services specified in original application
1.8 ‘’Subject Tuition Classes’’ means online tutoring classes in respect of a specific subject such as Mathematics, Languages or any other subject offered.
1.9 “Course Fees’ payable by parent/legal guardian/ sponsor for tutoring services rendered by Hale Trenoweth & Associates (PTY) Ltd t/a Beyond the Edge Tutoring but excludes any delivery charges for any additional learning material or study resources related to the specific course needing to be delivered residential or postal address
1.10 ‘’An Account” also know as online access ‘granted to learner on approval of online application for the duration of the term of enrolment agreement
1.11 Personal information’’ means information about the registered individual/ learner or information that allows an individual to be identified by name and gender and which is generated by Hale Trenoweth and Associates (PTY) Ltd trading as Beyond The Edge Tutoring on registration through the use of our services, including our website, social media platforms or any other online platforms
1.12 ‘’Online courses are provided by Hale Trenoweth and Associates trading as Beyond The Edge Tutoring and its appointed sub-contractors also known as online tutors and remain the property of the organisation and its affiliates
2.1 By accepting the Agreement, the Parent/Legal Guardian enrols the Learner for the online course material/programme presented by Beyond The Edge Tutoring
2.2 The Parent undertakes to pay the registration fees and any other fees due to Hale Trenoweth& Associates (PTY) for the online course material/programme in full prior to online access being granted;
2.3 Online course/tuition payments may be made in full or by means of a payment plan as agreed upon; and
2.4 Price increases may be implemented annually and without notice.
3. PARENT OBLIGATIONS:
3.1 The Parent shall:
3.1.1 pay the registration fee on registration of the learner for the specific online subject tuition classes, and all other fees due to Hale Trenoweth and Associates (PTY) ltd on or before access to the LEARNING MANAGEMENT SYSYTEM (LMS) is granted. This excludes any delivery charges for any additional study material/ books deemed liable and needed for any specific course
3.1.2 pay the Subject Tuition Fees in advance or in full or monthly as agreed upon payment plan;
3.1.3 ensure the Learner attends all online classes scheduled throughout the duration of their specific agreement and completes and participates in all quizzes, tasks, homework, online sessions and other resources associated to their specific course enrolled for and on time
3.1.4 The parent/legal guardian will be held responsible to safeguard and maintain the confidentiality of the learner’s information while in use of the online learning management system
3.1.5 ensure that Beyond The Edge Tutoring receive a copy of the learner’s school report each term.
3.1.6 Parents/Legal Guardian of learner(s) need to ensure that personal contact details including email address, contact details including physical address are kept up too date, and that Hale Trenoweth and Associates (PTY) Ltd are informed of any such changes. Failing to do so can result in the learner having challenges accessing the online system
3.1.7 Parents must provide complete and accurate information of the learner, on registration of the learner. Incomplete information could cause a delay in the effectiveness and use of the online learning management system
3.1.8 You will not use false information/identities or impersonate and person to use the online facility, that are not authorised to do so
3.1.9 You agree to acknowledge and accept the terms and conditions set out in this document, including but not limited to those pertaining to professional online tutoring services rendered by Hale Trenoweth and Associates (PTY) Ltd trading as Beyond Edge Tutoring Affordable Online Services, including all confidentiality and conflict of interest
3.1.10 You agree you will NOT permit/ allow access to other learners who are not registered with Hale Trenoweth and Associates (PTY) Ltd trading as Beyond The Edge Tutoring to utilise your learner’s username and login details to participate in any online tutoring services provided by us the service provider known as Hale Trenoweth and Associates (PTY) Ltd trading as Beyond The Edge Tutoring Online Services
3.1.11 You may incur chargers by your online service provider while you are downloading online course material
4. BEYOND THE EDGE TUTORING OBLIGATIONS:
4.1 Beyond The Edge Tutoring shall:
4.1.1 ensure that all subject tuition classes, resources and material is available and updated on the LMS system
on a regular basis
4.1.2 ensure that any rescheduling of the Tutoring Timetable will be communicated to the Parent and the Learner within a reasonable timeframe;
4.1.3 ensure that the tutoring material is updated as and when necessary and is in accordance with the CAPS System as used in South African public schools;
4.1.4 additional responsibilities will include, regular update of online resources and material, help desk facility & assure turnaround time is met. Regular feedback to parents (parent can obtain access to online system and communicate directly with the educator
4.1.5 monthly statements (where parents opt to receive this)
4.1.6 If for any reason Hale Trenoweth and Associates (PTY) Ltd trading as Beyond The Edge Tutoring needs to post pone or re schedule a class, quiz, assessment, worksheet/ deadline for homework or live session due to matters related to system been offline for maintenance or other matters related to us not been able to proceed with such class on a specific date, we will communicate any such changes prior to the lesson going live with the parent/caregiver/guardian in a reasonable turnaround time
4,1.7 Hale Trenoweth and Associates (PTY) Ltd trading as Beyond The Edge Tutoring recognises the importance of any confidentiality and protection of personal information of our client. Hale Trenoweth and Associates will not share any personal information without the parent/legal guardian of the registered learner consent, except for the use of the purposes originally enrolled for.
4.1.8 Hale Trenoweth and Associates (PTY) Ltd will provide the course material in accordance with the online course description as set out in any relevant brochure or website or any other method used by Hale Trenoweth and Associates (PTY) Ltd trading as Beyond The Edge Tutoring
4.1.9 Hale Trenoweth and Associates trading as Beyond The Edge Tutoring only makes use of reputable, reliable an qualified teachers, and all have the necessary qualifications to render the specific service related to the specific learning area registered for. All our educators have the necessary qualifications to be able to tutor CAPS ALLIGNED CURRICULUM
5. PAYMENT OF SUBJECT TUITION FEES:
5.1 The online tuition fees are not based on the number of online classes that the learners attend but on a standard monthly/annual fee as per the agreement. Should the learner fail to make use of the online facility, the Parent will be liable for the payment of the tuition fee for the full period of the agreement.
5.2 The Parent should note the following:
5.1.1 Subject tuition fees are payable in advance; and
5.1.2 Should the fees not be paid on the agreed date, the Parent will be notified. Beyond The Edge Tutoring reserves the right to refuse learners access to the online facility if their account is in arrears and the necessary payment arrangements have not been made.
5.1.3 Where the course fee is paid for:
with a ones-off lump sum payment or recurring payment, payments will be accepted by:
184.108.40.206 Credit card (including Visa, MasterCard and American Express) or debit card; or bank transfer (which needs to be arranged directly with us over the telephone or in instalments, payments will only be accepted by credit card (including Visa, MasterCard and American Express) or debit card
5.3 Any additional study material (Grade 10-12 Maths 4 Africa) needs to be paid by a once off fee with the registration fee. A delivery charge may be payable for such study material by you the parent/legal guardian and payments will be acceptable as set out above in 5.1.3
5.4 In order to purchase an online course offered by Hale Trenoweth and Associates (PTY) trading as Beyond The Edge tutoring you must provide the required information and pay the required fees
6. NO REFUNDS
The Parent/Legal Guardian agrees and accepts that there will be no refunds of any course enrolled for after the 5-day waiting period. Any specific course registered and enrolled for, there could be a 5 working day waiting period as specified by the consumer protection act. By enrolling online and accepting the terms and conditions, the fees become due and payable. If the Learner is unable to attend the online programme and/or online Subject Tuition classes on any specific day as set out on the time table, the Fees are still due and payable by the Parent to Hale Trenoweth and Associates (PTY) Ltd trading as Beyond The Edge Tutoring for the duration of their course agreed upon as per registration
The Parent/ legal guardian hereby indemnifies and holds Hale Trenoweth & Associates (PTY) ltd t/a Beyond The Edge Tutoring or any of its stakeholders including educators harmless in respect of any/ and all claims, costs (including legal and any other professional costs), expenses, liabilities, damages and losses of whatsoever nature or kind (including consequential damages and losses), incurred, suffered or sustained for any reason or cause whatsoever as a result of or arising, directly or indirectly, from the services offered by Beyond The Edge Tutoring.
8. CANCELLATION OF AGREEMENT:
8.1 Cancellation of this agreement must be done in writing
8.2 This agreement may be cancelled free of charge within five business days from the date of acceptance of the agreement;
8.3 Cancellation of this agreement after the initial five business days must be given one month in advance and a penalty may be charged;
8.4 The parent/guardian remains liable to Beyond the Edge Tutoring for any amounts owed in terms of the agreement up to the date of cancellation;
8.5 Beyond The Edge Tutoring may charge a cancellation fee of up to 15% of all payments remaining as originally agreed to in this agreement.
9. BREACH AND TERMINATION:
9.1 If a party is in breach of any of its obligations in terms of this agreement and fails to correct such breach within seven working days of receiving notice in writing from the other party calling on it to do so, the other party shall be entitled, without prejudice, to any other rights it may have:
15.1.1 where the breach is material, to cancel this agreement with immediate effect;
15.1.2 to claim an order of specific performance;
15.1.3 to claim damages.
9.2 No relaxation which either party may allow to the other on any one occasion in regard to the carrying out of the other’s obligations under this agreement, shall thereafter prejudice its rights to enforce those obligations on any other occasion;
10.1 The parties to this agreement choose the addresses on the cover page hereof as their respective service addresses for all purposes arising here out and as their respective addresses for the service of any notices required to be served upon them;
10.2 Any notice or other communication given by either of the parties in terms of or arising from the agreement to the other of them, shall:
10.2.1 be deemed to have been received by the addressee thereof:
10.2.1.1 if delivered by hand So the service address, on the date of the delivery thereof;
10.2.1.2 if sent by prepaid registered post to the service address within 10 working days after the date of posting thereof;
10.2.1.3 if sent by e-mail within three days after the date of submission.
10.3 BEYOND THE EDGE TUTORING will NOT be held liable in the event of load-shedding. It is the parent’s responsibility to ensure that children attend classes through the use of a UPS or any other method to maintain internet connection in the event of load-shedding
11.1 No alteration, cancellation, variation of, or addition hereto shall be of any force or effect unless reduced to writing and signed by all the parties to this agreement or their duly authorised representatives;
11.2 No indulgence, leniency or extension of time which any party may grant or show to any other party, shall in any way prejudice such party or preclude such party from exercising any of its rights in the future;
11.3 The laws of South Africa shall govern all disputes arising in connection with the agreement and the parties’ consent to the jurisdiction of the Magistrate’s Courts;
11.4 The invalidity or unenforceability of any provision of this agreement shall in no way affect the validity or enforceability of any other provision of this agreement;
11.5 Each of the parties warrant that they each have the full power and authority to execute and perform this agreement and to perform and observe the terms and conditions hereof without any legal impediment whatsoever;
11.6 This agreement may be executed in counterparts each of which when executed and delivered shall be deemed to be an original but all of which together shall constitute one and the same instrument.
11.7 You allow Hale Trenoweth & Associates (PTY) Ltd trading as Beyond The Edge Tutoring also (known as On The Edge tutoring to verify all learners details prior to acceptance to the online system, also know as the Beyond The Edge Tutoring Learning Management System (LMS)
11.8 Hale Trenoweth and Associates trading as Beyond The Edge Tutoring cannot make any commitment or guarantee that our online course/tutoring material will be compatible with your hard/software
11.9 Hale Trenoweth and Associates (PTY) Ltd trading as Beyond The Edge Tutoring cannot guarantee that your online course material will be without error
12. INTELLECTUAL PROPERTY RIGHTS:
The intellectual property that is used or held in connection with the products and services that Beyond the Edge Tutoring provide shall be respected at all times. The intellectual property includes the notes, study methods, study tools, material, inventions, trade and business secrets, and any other type of intellectual property regardless of whether such intellectual property is currently used or held or is registered or unregistered.