BLC EDUCATION INVESTMENTS (PTY) LTD.
HOME SCHOOL STUDENT REGISTRATION FORM – (R TO 12)
Standard agreement between BLC Education Investments (Pty) Ltd. (“BLC “) and The Parent/Parents/Legal Guardian/Sponsor (“The Client”)
A. BLC Education Investments (Pty) Ltd. (‘BLC’), trading as Syllabis.co.za, VirtualSchools.co.za, and /or other entities is a private company that provides home education products and services and which include but are not limited to educational programs and modules, study material, assessments, online lessons and tutoring services (hereinafter referred to as the ‘products‘).
B. The Client wishes to have access to BLC products and services.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1.1 In this agreement where the context so requires or admits the singular includes the plural and the masculine includes the feminine and neuter and vice versa;
1.2 This agreement contains the entire agreement between the parties and no representations, warranties, inducements or promises made by BLC and no other agreements whether oral or otherwise not embodied herein shall add to or vary this agreement or be of any force or effect. The Client acknowledges that it has been told that if there are any representations, warranties, inducements or promises which it considers have been made to it which have induced it to enter into this agreement, it is obliged to submit a written statement thereof to BLC so that an agreed record thereof may be annexed to and form part of this agreement. In: the absence of such written annexure The Client shall be deemed not to have relied upon any representation, warranty, inducement or promise made or given or purportedly made or given by BLC;
1.3 The Client hereby agrees that the law of the Republic of South Africa shall govern this agreement, and further agrees to the jurisdiction of the Johannesburg Magistrate’s Court and acknowledges that The Client will be liable for all legal costs, including costs on an attorney-and-client scale, if the amounts due for the products and services are not paid timorously according to the payment method agreed to in writing;
1.4 If there are two or more persons as The Client as parties to this agreement all covenants and agreements on the part of The Client shall be deemed to be joint and several covenants and agreements on their part;
1.5 In this agreement reference to one gender shall include the other gender, reference to a legal person shall include natural persons and trusts and vice versa, reference to the singular shall include the plural and vice versa;
1.6 The Client has chosen it’s domicilium citandi executandi the address(es) stated under the relevant section on the abovementioned Student Registration form and understands that it is The Client’s duty to advise BLC of any change of address;
1.7 A party may change that party’s postal address or domicilium citandi et executandi to another address (in the case of a domicilium citandi et executandi, to another physical address) in the Republic of South Africa by notice in writing to the other parties;
1.8 Any notice required to be given hereunder by BLC may be delivered personally or by sending it by email to The Client at The Client’s last known email address;
It is specifically agreed that all rights whatsoever to intellectual property contained in BLC’s products and services, whether they capable of registration or not, and including but not limited to BLC’s name, trading name, products, educational programmes, study material, examinations, branding, remain the sole property of BLC.
1.9 All BLC products remain the property of BLC until such products have been paid for in full. It is understood that BLC is, in respect of the sale of the products, only selling the right to utilise the intellectual property contained in any product that it provides, and ownership of such intellectual property shall at all times remain vested in BLC or the copyright holder.
1.10 BLC, and any of its duly authorised representatives, may cede or assign the rights contained herein at any time to any third party without the prior consent of The Client. The rights obtained by The Client in terms of this agreement may not be ceded or assigned;
1.11 The Client hereby declares that The Client is homeschooling The Clients own or adopted child/children/Learner/s as per the student registration form completed and submitted by The Client to BLC., and that the information provided in the student registration form is both true and correct, and constitutes a material term of the agreement;
1.12 The Client hereby confirms that the learner/s complies with the prescribed guidelines for registration for the chosen BLC products, as set out from time to time by BLC;
1.13 The Client undertakes to comply to all compliance with all the requirements of the South African Schools Act, 84 of 1996 (as Amended) (“the Act”);
1.14 The Client hereby consents and authorizes BLC to carry out any necessary credit checks or searches to verify The Clients personal and account details, with the purpose of establishing The Clients credit worthiness unless the full amount due as per BLC’s invoice is paid upfront.;
1.15 The Client is the person who has undertaken in this agreement or in the registration form, to make payment of all amounts due to BLC in respect of products invoiced/delivered by BLC to The Client;
1.16 BLC retains the right to cancel an application and/or to refuse to supply any product or service, including but not limited to, learning material, access and provision of examinations and support services, if payments are not made as agreed upon or on breach of any terms and conditions of the agreement;
1.17 Any registration form completed and submitted to BLC by The Client shall constitute an offer to BLC, and the agreement between The Client and BLC shall be deemed to have been concluded at the time and place upon which BLC accepts such offer;
1.18 The Client hereby accepts that all fees and charges are payable in terms of the payment plan agreed to as reflected on the invoice received from BLC for the products and that The Client is aware of the nature, quality and content of BLC products and support services;
1.20 Deposits and any other monies as prescribed in the application form to be paid upfront, must be paid in full before any products will be delivered;
1.21 The Client hereby acknowledges that all software and products supplied to The Client is ‘licensed’ and ‘not sold’ to The Client It is for The Clients use only;
1.22 The Client hereby acknowledges that the copyright in the software, study guides, and BLC branded products are vested in BLC;
1.23 The Client shall not reproduce, copy or cause to be copied, any part of BLC’s product/s. The Client agrees to a penalty of R50 000 (Fifty thousand rand) to this effect;
1.24 The client hereby acknowledges that late delivery of textbooks caused by availability from the publishers of such books, nor any printing errors in aforementioned textbooks shall be cause for cancellation of this agreement in any way whatsoever.
1.24.1 The client acknowledges that the Syllabis Core Curriculum learning materials are delivered via a range of traditional full-colour learners’ textbooks, teacher guides (e-books optional), weekly study plans (where applicable) interactive study guides (where applicable) and ongoing assessments. Interactive study guides from grade R– 12 are ‘work in progress’ meaning that these are provided only once developed and loaded onto the online portal. Incomplete interactive study guides, nor any printing errors in the aforementioned interactive study guides, shall be cause for cancellation of this agreement in any way whatsoever. Any other books, Cd’s, , readers, workbooks, instruments, materials, consumables etc., referred to in any of the aforementioned Syllabis Core Curriculum materials are for the clients account.
1.25.1 The client hereby acknowledges that two (2) annual examinations (Assessments) are compulsory for Grade 1-11 to be written under Parental/Teacher/Tutor/Invigilator supervision or as directed by BLC from time to time. The client will be invoiced by BLC on 1 May and 1 September of each year for the assessments at the pricing structure applicable at the time and the client hereby agrees to pay the relevant invoiced amount by not later than 31 May and 30 September respectfully unless otherwise agreed to in writing by BLC.
1.25.2 The client hereby acknowledges that three (3) annual examinations namely mid-year, preliminary and NSC final are compulsory for Grade 12 to be written under Invigilator supervision or as directed by BLC from time to time. The client will be invoiced by BLC on 1 May, 1 August and 1 September of each year for the assessments at the pricing structure applicable at the time and the client hereby agrees to pay the relevant invoiced amount by not later than 31 May, 31 August and 30 September respectfully unless otherwise agreed to in writing by BLC. Grade 12 NSC final exam has to be written under strict invigilator supervision at a SACAI approved centre nearest to the client, the cost of which will be for the client’s account. Any other costs including travelling expenses, accommodation etc. is for the clients cost.
1.26 Should this agreement be cancelled for whatever reason within 30 days of signature, an administration fee equivalent to 33% of the value of the invoiced amount will be withheld plus the value of all curriculum materials including textbooks supplied prior to the cancelation date; or
1.26.1 Should this agreement be cancelled for whatever reason within 60 days of signature, an administration fee equivalent to 50% of the value of the invoiced amount will be withheld plus the value of all curriculum materials including textbooks supplied prior to the cancelation date; or
1.26.2 Should this agreement be cancelled for whatever reason after 90 days of signature, an administration fee equivalent to 100% of the value of the invoiced amount will be withheld;
1.27 This document constitutes the total agreement between The Client and BLC and any addition, change or cancellation hereof is null and void unless stated in writing and signed by both parties.
This document accompanies the paid invoice. Payment thereof is acceptance of these terms and conditions.
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