1.1 In this agreement, the following terms apply:
1.1.1 “Customer” means where an individual enrols on a learning event and is personally responsible for the fees, the Candidate, and where an enterprise (being a public or private body of any nature) requires the Candidate to enrol and is responsible for the fees, then such Enterprise;
1.1.2 “Candidate” means the individual who enrols for attendance at a learning event;
1.1.3 “enrol”, “enrolled”, “enrolment” means IPD’s receipt of a completed enrolment form for a Candidate’s attendance at a learning event, or their receipt of a Customer acceptance of IPD proposal for a learning event, as appropriate;
1.1.4 “fees” means the amount payable by the Customer to IPD for the Candidate’s attendance at the learning event;
1.1.5 “IPD” means Workplace Skills Solutions (Pty) Ltd t/a Institute of People Development, or its assigns or successors in title;
1.1.6 “learning event” means the design, development, online Tutorials, assessment and/or guidance, together with any ancillary online support obligations, in respect of training provided by IPD, and includes IPD’s provision of eLearning materials; and
1.1.7 “parties” means IPD, the Candidate, and the Customer, and “party” means any one of them.
1.2 The Candidate’s participation in the learning event shall be upon the terms and conditions set out herein to which terms and condition the Candidate or the Customer, as appropriate, is bound.
1.3 The provisions of the Consumer Protection Act shall not apply in the event of the Customer’s turnover being in excess of the regulated amount as promulgated from time to time, and shall not apply to individual Candidates by virtue of their attendance being as an authorised representative of the Customer. Where an individual enrols, the provisions relating to cooling-off period, refund and cancellation shall, subject to the provisions contained herein, apply.
2. Fees and Payment
2.1 Full payment of fees, in South African Rands, is to be made within 5 (five) days of the Candidate’s enrolment, or at the latest 7 (seven) days before the start of the learning event, whichever is the earlier.
2.2 In the event of a payment being dishonoured for any reason, the Customer will be liable to IPD an administration fee of R 950 plus VAT.
2.3 Any overdue amounts will incur interest at the prime overdraft rate levied by IPD’s bankers.
2.4 The Customer is not entitled to withhold payment from IPD for any reason, including setoff for counterclaim.
2.5 A certificate by an IPD Director showing the existence and amount of the Customer’s outstanding indebtedness to IPD is prima facie proof of such indebtedness.
2.6 Unless otherwise notified by IPD, the Candidate’s booking will be confirmed on IPD’s receipt of the Candidate’s enrolment, whereupon the Customer becomes liable for the fees. IPD is entitled to refuse the Candidate entry to the learning event if any fees are outstanding, in which event the Customer remains liable for the full payment of fees.
3.1 Should the enrolment of a Candidate be cancelled on more than 7 (seven) days’ written notice, the Customer is liable for an administration fee amounting to 50% of the fees. The remaining 50%, if already paid, will be credited to the Customer for use against any future IPD learning event within the next 6 (six) months.
3.2 Should the enrolment of a Candidate be cancelled on less than 7 (seven) days’ notice, or should the Candidate fail to attend the learning event, the Customer remains liable for payment of the fees in full. On receipt of payment, the Candidate will be entitled to access any eLearning material related to the learning event.
3.3 Notwithstanding 3.1 and 3.2, should a Customer, having accepted an IPD proposal, withdraw any or all of its Candidates from the learning event, Customer remains liable for the payment of the fees for such Candidates.
4. Learning Event Information
4.1 While IPD will take reasonable steps to adhere to scheduled dates of learning events, IPD reserves the right, in its sole discretion, to make changes, including changes to dates, alteration of learning outcomes or content, or merge the learning event with any other event. In such event, IPD is not obliged to pay any refund, part refund or make any alternative offer, and Customer remains liable for the fees.
4.2 Should IPD cancel the learning event without postponement to another date, for any reason, including but not limited to an act of God, the Customer will receive a voucher in respect of any fees already paid, which may be used against any future IPD learning event, within 6 (six) months of date of the voucher. IPD is not obliged to pay any refund, part refund, or make any alternative offer.
4.3 IPD reserves the right to reject a Candidate enrolment should the learning event already be fully booked, the enrolment form be received less than 7 (seven) days before the learning event, or for any reason at IPD’s discretion.
4.4 The Candidate agrees to complete all pre-course tasks and activities as supplied and required by IPD before the learning event.
4.5 IPD will take reasonable steps to ensure the correctness of information provided in the learning event. However, IPD does not guarantee that the information is correct, up-to-date or complete. IPD is not liable for any direct or indirect damages resulting from any negligence, error, omission, delays or failure of performance on the part of IPD.
4.6 Where the learning event is delivered online in the form of distance learning, IPD will provide online Zoom App Tutorial support and text based communications via Telegram App.
4.7 Where the learning event is supplemented by a portion held at premises identified and arranged by the Customer, the Customer will notify IPD of the details of the venue at least 3 (three) weeks before the learning event, and ensure all Candidates are aware of these details. In such event the Customer is responsible for all logistical and administrative arrangements including the provision of: a venue with adequate ventilation and temperature control; tables and chairs set with at least one and a half metre desktop working space per Candidate and apart from each other; a flipchart/whiteboard and set of markers in red, blue, black and green; notepads, pens, name-tags and name-cards for Candidates; and water and glasses in the venue. Where applicable, the Customer is liable for all expenses incurred in the IPD facilitator’s attendance at the learning event, including accommodation, subsistence & travel.
4.8 Where a Candidate is unable to attend a learning event, a suitable substitute Candidate may attend. The Candidate will ensure the substitute Candidate receives and completes all selection and preparation tasks/activities where applicable, for completion by the substitute Candidate before the learning event.
4.9 IPD reserves the right to expel any Candidate from a learning event for any unacceptable or disruptive behaviour, including participation under substance abuse, poor personal hygiene, or lateness.
4.10 Upon completion of the learning event and the Candidate’s successful completion of an assessment, where applicable, IPD will issue a certificate of attendance and/or competence, as applicable, to the Candidate.
4.11 Late assessment evidence submissions shall not be accepted and such candidates will be de-enrolled from the learning programme.
5. Intellectual property and Information
5.1 Copyright and intellectual property rights in all course materials produced and/or distributed in respect of the learning event, including video presentations, documents, eLearning materials, assessments, and work outputs, vest with IPD. The Candidate acquires the right to use the information, and warrants that he will not duplicate or distribute such information.
5.2 IPD is entitled to publicise, at their discretion, Customer and Candidate comments and feedback about the learning event, including publication of IPD’s relationship with the Customer.
6.1 If the Customer defaults in punctual payment of any instalment or other amount due in terms of this agreement, or if the Customer or Candidate fail to observe or perform any of the terms, conditions and/or obligations of this agreement and remain in default for 7 (seven) days after receipt of written notice calling upon them, or either one of them, to make payment or remedy the breach, IPD may, without prejudice to any of its other rights in law, elect to either enforce the provisions of this agreement and claim immediate payment of all fees, whether such amounts are immediately due or not, or terminate this agreement and claim compensation for any loss suffered by IPD.
6.2 The Parties consent to the jurisdiction of the Magistrate’s Court in any proceeding, which may be instituted by IPD, notwithstanding the amount in issue, may exceed the jurisdiction of such court.
6.3 In any proceeding instituted by IPD against the Customer or Candidate, IPD shall be entitled to recover costs, costs as between attorney and own client, tracing fees and collection commission.
6.4 The Customer and Candidate appoint their domicilium citandi et executandi as the address(es) set out in the Online Registration Form or such other written notification to IPD.
7.1 The parties confirm that IPD has made no representations or warranties, including in respect of the Customer need and/or learning event outputs.
7.2 This agreement constitutes the whole agreement between the parties. No addition to or variation will have any force or effect unless reduced to writing and signed by the parties.
7.3 The Customer consents to IPD making use of contact details as supplied to it for future marketing and/or promotional purposes.
By ticking the checkbox, I confirm I have read and accept all the terms and conditions of service as listed above.