Print

Terms and Conditions

Written by Digital Academy. Posted in Uncategorised

TERMS AND CONDITIONS OF ENROLMENT AT THE DIGITAL ACADEMY
(The Digital Academy is a division of The Walter Pike Company (Pty) Ltd)

1. REGISTRATION FEES
01. A registration fee may be applicable.
02. This fee is the amount referred to in this website or as notified and which forms part of this contract.
03. Registration fees are not refundable unless the Digital Academy rejects the application of the participant. The decision of whether to accept or reject the application of the Participant shall remain at the sole discretion of the Digital Academy

2.GENERAL
01. The Participant hereby accepts responsibility for the replacement or repair of any damage or Loss caused by the participant to the property of the Digital Academy.
02. The Digital Academy shall not be held liable for injury or other damage sustained by the participant in the course of his/her attendance at the Digital Academy. The participant hereby indemnifies the Digital Academy against any claims in this regard.  
03. A module certificate related to the successful completion of any module or course by the Participant who has met the required academic standard and evaluation criteria of the Digital Academy and has also fulfilled all his/ her financial obligations in terms of this Enrolment Agreement. In accordance with the above, the Digital Academy expressly reserves its right to withhold any such certificate until all the financial obligations referred to have been properly fulfilled.

3. PAYMENT OF TUITION FEES
01. Note: All fees are due and payable before the module commences.
02. The participant by signature of this document accepts full responsibility for payment of all tuition fees and other payments due by the participant in terms of this agreement
03. In the event of deregistration:

i. Participants who have paid in full and wish to deregister before the module commences can do so by notifying the Digital Academy in writing. The R1000.00 registration fee will be deducted from the payment received and the balance
refunded.
ii. Once the lectures have commenced the module fee will not be refunded and the participant will be liable for the full amount.

04. The Digital Academy shall be entitled to demand that the Participant furnish the Digital Academy with an appropriate Suretyship from a person/persons acceptable to the Digital Academy or with such other form of security as the Digital Academy may reasonably require for the due fulfilment by the Participant of his/her financial obligations in terms of this Agreement and any acceptance by the Digital Academy of this Enrolment Agreement shall be conditional upon the furnishing of such Suretyship and/or other form of security.

4. BREACH
01. The Participant shall at all times comply with his/her financial obligations to the Digital Academy in accordance with the provisions of this Agreement.
02. Interest at 2% above the prime overdraft rate as charged by the Digital Academy's bank at times will be payable on any outstanding amounts. Furthermore, the Participant will be held liable for any/all charges, including reasonable administration charges incurred by the Digital Academy and any/all legal costs incurred, such to be calculated on the scale as between attorney and own client, and related to any breach by such participant of his/her obligations in terms of the Agreement.
03. In the event of the non payment of any monies due in terms of this agreement or in the event of the Participant remaining in breach of any of the provisions of the agreement despite seven (7) days written notice of the breach then, and notwithstanding anything to the contrary contained herein, the Digital Academy shall be entitled to cancel this agreement and to terminate the Participant's registration as a Participant of the Digital Academy. In the event of such cancellation and without prejudice to any further claim for damages that the Digital Academy may have the Digital Academy shall be entitled to retain all monies paid in terms of this enrolment agreement and to claim payment from the Participant for the balance of tuition fees due.

5. DOMICILIUM AND NOTICES
01. The parties choose domicilium citandi et executandi for all purposes under this agreement at the addresses set forth in heading to this Agreement.
02. Any notice given under this agreement shall:

i. be in writing
ii. be given to the parties at the address referred to in sub-paragraph 1 above;
iii. if sent by registered post be deemed, unless the contrary is proved, to have been
iv. received within FIVE (5) business days after the date on which it was posted.
v. The parties shall be entitled to change their address at any time by giving the parties seven (7) days written notice to that effect.

6. NON VARIATION CLAUSE

vi. No warranty or representation express or implied or variation of this Agreement shall affect the terms hereof unless such warranty of such representation or variation shall be reduced to writing under the hands of the parties hereto.
vii. The terms of this Agreement shall novate, cancel and supersede the terms and conditions of all prior negotiations, documents, letter or verbal communications between the parties hereto with the intent and purpose that the terms and conditions hereof shall be deemed to constitute the sole memorial of the agreement between the parties. 
viii. This agreement is subject to the standard terms and conditions of The Walter Pike Company (Pty) Ltd.

7. I CONFIRM THAT UPON ACCEPTANCE OF THIS ENROLMENT I SHALL BE BOUND BY THE TERMS AND CONDITIONS AS SET OUT HEREIN, THE CONTENT OF WHICH I HAVE READ AND UNDERSTOOD.

PiKE TERMS & CONDITIONS

  1. “PiKE", "PiKE's Thinking" and “PiKE Strategic” shall mean The Walter Pike Company (Pty) Ltd or any successors-in-title or assigns.
  2. “Customer” shall mean the purchaser of the goods and/or services in terms hereof.
  3. “Goods” shall include any books, contracts or training material.
  4. “Services” shall include any consultation, advice, drafting, training or other services rendered by PiKE, together with any support obligations ancillary to such services and agreed upon by PiKE.
  5. All goods and/or services sold and delivered by PiKE to Customer shall be subject to the terms and conditions stated herein. Customer is deemed to accept these Terms and Conditions on placement of an order with PiKE.
  6. Prices are quoted exclusive of VAT and in South African Rands, are ex-works Johannesburg and are subject to increase to such extent as PiKE may consider reasonable having regard for any change in customer’s delivery address, requisite transport and associated accommodation charges, or any other duty or levy.
  7. The quoted price does not include disbursements (eg. Transport costs, accommodation and subsistence) incurred by PiKE in the delivery of the goods and/or services, which disbursements shall be for Customer’s account. PiKE may charge for travelling time outside of a 25km radius of Randburg.
  8. All telephonic or IM support provided by PiKE is chargeable at normal hourly rates, pro-rata. The minimum charge is a 15 minute period. On-site support is chargeable at PiKE’s normal hourly rates. Any “standing/waiting” time will be charged in accordance with PiKE’s standard charges.
  9. PiKE quotations are valid for 30 days from date of the quote.
  10. Standard terms of payment are payment of a 50% deposit upon placement of the order, and the balance payable COD on official invoice, unless otherwise agreed in writing by PiKE.
  11. PiKE reserves the right to charge interest at 2% per month or part thereof on any arrear amounts outstanding and due and payable by Customer to PiKE.
  12. Customer shall not be entitled to withhold payment from PiKE for any reason whatsoever, including but not limited to set-off or counterclaim.
  13. A certificate by any staff member of PiKE (whose appointment need not be proved) as to the existence and amount of Customer’s outstanding indebtedness to PiKE, shall be prima facie proof of the contents and correctness thereof for the purpose of provisional sentence, summary judgment or any other proceeding against Customer and shall constitute a liquid document.
  14. If Customer defaults in punctual payment of any instalment or other amount due in terms of this agreement, or fails to observe or perform any of the terms, conditions and/or obligations of this agreement and remains in default for a period of 7 (seven) days after receipt of written notice calling upon Customer to make payment or remedy such breach, PiKE may, without prejudice to any of its other rights in law, elect to either claim immediate payment of all amounts in terms of this agreement, whether such amounts are immediately due or not, or terminate this agreement, take possession of the goods where applicable, and claim compensation for all and any loss suffered by PiKE.
  15. Time shall not be of the essence and delivery dates shall be treated as approximate only based on the latest information available to PiKE. Under no circumstances shall Customer be entitled to withdraw from or terminate any order on account of any delay in delivery nor have any claim of whatsoever nature against PiKE arising from late delivery.
  16. Under no circumstances whatsoever may Customer return or exchange any goods to PiKE.
  17. PiKE undertakes to take all reasonable precautions to ensure the correctness of the goods and services provided. However, PiKE does not provide any guarantee that the goods and services, including all information provided to the Customer is correct, up-to-date or complete. Under no circumstances can PiKE be held liable for any damages, including loss of profit, that result from any deficiencies in the content of the goods and/or services.
  18. All right, title and interest in and to all services, including copyright in documentation developed by PiKE shall at all times remain with PiKE, provided that the Customer shall acquire the right to use of such services upon full payment of all amounts due and payable to PiKE. Risk in and to all goods and/or services, however, shall pass to Customer on delivery.
  19. Customer will not, without the prior written consent of PiKE, sell, assign, encumber or otherwise dispose of the goods and/or services or any interest therein.
  20. Customer shall be responsible for the general maintenance of documentation, training, processes, as applicable, once goods have been transferred and services rendered. In the event that a Support Agreement has been concluded, PiKE’s responsibility in terms of such support shall be limited to the terms and obligations of such agreement, as applicable.
  21. Where applicable, including where training facilitation or conference speaking is required, the Customer is responsible for conducting the necessary logistical and administrative arrangements including equipment, venue, refreshments, photocopying and staff notifications prior to the scheduled date of delivery.
  22. Customer shall not be entitled to cancel its order if, after having received the goods and/or services as ordered, it subsequently transpires that the goods and/or services are unacceptable to Customer for any reason.
  23. PiKE shall take reasonable care to ensure the correctness and quality of supply of services, but shall not be liable to Customer or any other person for any direct or indirect or consequential damages, or any loss of profit  or special damages of any nature whatsoever and whether in the contemplation of the parties or not which Customer may suffer as a result of any breach by PiKE of any of its obligations (including but not limited to any delay in delivery, or delivery of incorrect goods or services). Customer hereby indemnifies PiKE against any claim which may be made against PiKE by any other person in respect of any matter for which the liability of PiKE is excluded in terms hereof. 
  24. If PiKE institutes legal action against Customer, Customer agrees to pay all costs on the scale as between attorney and own client, together with collection commission. In this regard, Customer consents to the jurisdiction of the Witwatersrand Local Division of the High Court. Customer nominates as its domicilium citandi et executandi for all purposes the Customer’s street address as advised by Customer from time to time.
  25. No relaxation or indulgence granted by PiKE at any time shall be deemed to be a waiver of any of PiKE’s rights in terms hereof, and such relaxation or indulgence shall not be deemed to be a novation of any of the terms and conditions set out herein, or create any estoppel against PiKE.
  26. These terms and conditions constitute the whole agreement between the parties, except where the contrary is indicated. No addition, amendment or variation of these terms and conditions shall be of effect unless reduced to writing and signed by both parties.