Enrolment Terms and Conditions
1. INTERPRETATION AND DEFINITIONS
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: –
18.104.22.168. The singular shall include the plural and vice versa;
22.214.171.124. 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 and/or third party/sponsor;
1.2.3. “DAMELIN” – means Damelin (Pty) Ltd, a company incorporated in accordance with the laws of the Republic of South Africa, Registration Number: 1995/012787/07;
1.2.4. “FORCE MAJEURE” – means in relation to either Party, any circumstances beyond the reasonable control of that Party (including, without limitation, any strike, lockout or other form of industrial action);
1.2.5. “PARTIES” – means collectively, the student/payer/consumer and Damelin; 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 this agreement shall only come into force once the enrolment form is duly completed and signed and accepted by DAMELIN, 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 evidences his/her enrolment with DAMELIN.
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 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 must be valid for a minimum period of 12 (twelve)
months from date of registration;
3.3. Where applicable, original and certified copies of 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 of Academic Record and Certificate of Good Conduct should the student be transferring from another tertiary education institution or examining body to Damelin.
4. PAYMENT/CREDIT VETTING
4.1. By his/her/their signature hereto the consumer hereto authorise/s DAMELIN to enquire from the employers of the person responsible for payment and including the employers of the consumer, the complete details of the
salary of such person 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 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 DAMELIN to debit his/her account with the amount due on any date as DAMELIN
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 DAMELIN in terms hereof.
4.4. By his/her/their signature hereto the consumer/s hereto hereby consent to DAMELIN registering and obtaining 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 persons responsible or standing as guarantor for the payment of fees and/or any amounts due under and/or in terms hereof hereby irrevocably authorises DAMELIN 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 student/company/guarantor/surety/sponsor must submit FICA documents 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 3 (three) months’ bank statements for self-employed
4.6.2. Proof of residence.
5. TRANSFER PROCEDURE
5.1. Transfer from one DAMELIN Campus to another;
5.1.1. All tuition will be conducted at the preferred campus indicated on the face of this agreement, unless DAMELIN informs the student/consumer otherwise.
5.1.2. A student is entitled under certain circumstances to transfer his tuition to another DAMELIN campus. The consent to transfer shall be at the sole discretion of DAMELIN.
5.2. Transfer from one DAMELIN 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 DAMELIN 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 DAMELIN 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 DAMELIN’S 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 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 programme chosen to accommodate the consumer in addition, the consumer must qualify for transfer to such programme chosen.
6. DEFERRAL OF PROGRAMMES
6.1. All students wishing to defer their studies, or part thereof, may make an application in writing to DAMELIN within 14 (fourteen) days of the start of the programme whereupon flexible study options may be considered at the sole
discretion of DAMELIN. A deferral charge of 30% (thirty percent) of the original cost of the full programme to be deferred will be levied against the consumer as precondition to DAMELIN approving the application for
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 above.
7.1. If the consumer registered in an academic year wishes to cancel their enrolment for that year, the following conditions 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 return this together with the necessary supporting documents.
7.2. The consumer shall only be exonerated from liability for the tuition fees (but excluding the registration fee and the cost of notes/books, both of which remain payable and a non-refundable and in addition to any default
administration charges which Damelin will be entitled to levy) provided that: DAMELIN is informed in writing no later than 4 (four) weeks (full-time) 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 receipt of such cancellation from DAMELIN 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 DAMELIN, without which such cancellation whilst applied for is not effective/approved.
7.4. Should the consumer wish to cancel such registration and such cancellation is after the 4 (four) week (full-time), 2 (two) week (part-time) notice period required in terms of this contract then the consumer shall be liable to pay
the reasonable cancellation costs that DAMELIN has determined to be reasonable, which is agreed by the student to be 80% (eighty percent) of the annual fees charged, and which the consumer hereby agrees to, by his/her
signature hereto being the fixed costs of the programme.
7.5. However and at the sole discretion of DAMELIN, and in addition subject to the Parties reaching agreement on the relevant Terms and Conditions, full tuition value may be given instead 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 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 until 14 (fourteen) days after the release of their matric results, in respect of first year student’s whose eligibility for the course enrolled for is dependent upon
the results of their matric examinations, (save for exceptions made at the sole discretion of DAMELIN), whereafter any cancellation will not result in any reduction of the fees payable for the entire programme.
7.8. All cancellations are subject to approval by the DAMELIN Cancellation Committee and on such Terms and Conditions as it may determine. Cancellations will only be processed once a duly completed refund and cancellation form
has been submitted to DAMELIN. Refund and cancellation forms may be obtained from DAMELIN at the nearest campus or by way of an email request and shall be subject to the cancellation terms and conditions as
7.9. All part-time students are not allowed to cancel any programme after commencement and there will be no refund after the notice period stated above.
7.10. Refunds, if applicable, will take a minimum of 90 (ninety) days to be paid, from date of approval by the Damelin Cancellation Committee.
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.
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 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 will be barred from attending
lectures and campus and/or receiving any tuition material and/or tuition until such time as satisfactory arrangements have been made with DAMELIN that are acceptable to DAMELIN. DAMELIN reserves the right to exclude a
student more than once from its campus as well as exclude them from exams.
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 DAMELIN. 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 DAMELIN 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 DAMELIN programme for which the consumer has enrolled. Any attendance registers must be signed by the consumer himself/herself 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 DAMELIN shall have the right to vary the programme syllabus at any time, without prior notification and without furnishing reasons therefor. DAMELIN shall further have the right to alter timetables
and exam dates and programme commencement dates at its own discretion.
8.8. The consumer hereby acknowledges and accepts that DAMELIN shall have the right at all times to vary the Terms and Conditions hereof. DAMELIN shall post such alterations and/or additions and/or variations on its website
(www.damelin.co.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. DAMELIN 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. DAMELIN shall 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,
DAMELIN 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.