1.        THESE TERMS AND CONDITIONS TO PREVAIL

1.1   It is recorded that the only basis upon which the Altlink (Pty) Ltd is prepared to do business with the parent/s  is that, notwithstanding anything in the parent/s  enquiry, specification, acceptance, lessons or other documentation or any other documentation or discussion/s to the contrary, the terms and conditions shall constitute the sole terms of the agreement between Altlink (Pty) Ltd and the parent/s and shall operate in respect of any and all lessons between the parent/s  and Altlink (Pty) Ltd.

1.2   All and any lessons undertaken, including any advice, information or service provided whether gratuitously or not by Altlink (Pty) Ltd to the parent/s is and shall be subject to the terms and conditions, and each term and condition shall be deemed to be incorporated in and to be a term and condition of any agreement between Altlink (Pty) Ltd and the parent/s.

1.3   This agreement shall commence from the date of signature hereof, by the party signing last in time and shall be renewed automatically on an annual basis, subject to the provisions of 1 and 11 below.

1.4   Notwithstanding anything to the contrary contained herein, the parent/s acknowledges that:

1.5   The Altlink (Pty) Ltd shall always be entitled to determine (in its sole discretion) the nature, extent and duration of any credit facilities (if any) granted to the parent/s in terms of this agreement.

1.6   Altlink (Pty) Ltd shall be entitled to terminate this agreement within 48 (forty-eight) hours’ notice to the parent/s; or  should the parent/s student not attend any lessons for a period exceeding 2 (two) consecutive lessons that has been booked, Altlink (Pty) Ltd shall be entitled (but not obliged) to terminate this agreement; Provided that should Altlink (Pty) Ltd terminates this agreement for any reason whatsoever, such termination shall not affect any obligations of the parent/s to Altlink (Pty) Ltd in terms hereof, which obligations arose prior to the date of termination and Altlink (Pty) Ltd shall furthermore be immediately entitled to claim all amounts owing by the parent/s to Altlink (Pty) Ltd in terms hereof or in terms of any other agreement.       

2.        SCHEDULING TIME

To ensure that your time is respected, as well as the time of the other students, appointments will begin promptly at their pre-scheduled time and no adjustment to fees shall be made for time lost because of late arrival by the student.          

3.        PAYMENT AND FEE STRUCTURE

3.1     An upfront fee structure is utilised at Altlink (Pty) Ltd. This means that all lessons need to be paid up front in cash or EFT, prior to the start of any extra lessons.

  3.2.   Non-payment will result in cancellation of the agreed lessons. The student’s time slot will also be re-allocated to another learner.

  3.3.   If a student who is part of a dual, classroom or peer lesson cancels in advance, the lesson will still go ahead for the other student(s). However, it will be charged at the one-on-one lesson rate fee.

  3.4.   Should a student not be attending a booked lesson, written notification must be communicated to Altlink (Pty) Ltd or its educators the day prior to the scheduled lesson, failure to do so the parent/s will be charged at the one-on-one lesson rate fee for that booked lesson.

   3.5   All lessons may not be withdrawn by the parent/s until accepted or rejected by Altlink (Pty) Ltd in writing.

4.        CANCELLATION POLICY

4.1       Notice period of 24-hour for all cancellations is required from the parent/s to be given to Altlink (Pty) Ltd or its educators prior to the booked lesson and failure to do so will result in a full lesson charge at the one-on-one lesson rate fee. Only a medical note from a registered medical practitioner will be accepted for an exception.

4.2       Only one lesson cancellation per term will be accepted. Therefore, any missed lessons will be charged for at the one-on-one lesson rate fee. Educators are remunerated per lesson; to retain the best tutors, payment consistency is imperative as having these qualified Educators is necessary for students to achieve the desired academic results.

4.3       All Summer and Winter Camps booked and paid will require a 7-day cancellation notification in writing prior to the start date of the Summer and Winter Camps, failure to do so will result in a 50% refundable payment of the initial amount paid.

5.      OBLIGATIONS OF THE PARENT/S AND STUDENT

5.1       The parent/s and students undertake to assist the educator/tutor in identifying problem areas in which the student needs specific tutoring. A copy of the student’s latest report will be required prior to the start of the lessons at Artlink (Pty) Ltd. This allows the educator/tutor to assess academic performance in comparison to the grade average and to identify study methods plans and obtain a baseline from which to track progress being made.

5.2       A mandatory assessment is required for all students in order for our educator/tutor to establish the best possible plan for the student’s growth path that enables the achievement of improved outcomes.

5.3    The student and/or parent/s accepts that assignments, exercises or homework form an integral part of tutoring and undertakes to complete such work timely.

5.4    The student and/or parent/s agree to bring their own stationery, a workbook specifically used for extra lessons as well as any textbook which they are currently using at school to every lesson.

6.   OBLIGATIONS OF THE EDUCTOR/TUTOR

6.1       Educators/tutors undertake to do all preparation prior to lessons and structure lessons in such a way as to optimize time to the benefit of the

             student.

6.2    The Educators/tutors shall keep all information about the student confidential and shall only contact other parties involved in the education of the student if permission is given by the parent/s to do so.

6.3       The Educators/tutors shall at no time be required or obliged to execute homework or assignments on behalf of the student.

7.      AUTOMATED REMINDERS:

7.1    An automated email, SMS, or WhatsApp message reminder may be issued 24 hours before the scheduled lesson.

7.2    These reminders are solely intended as a courtesy gesture and cannot be used to justify canceling or failing to attend a scheduled lesson.

7.3    Any cancellation must comply with clause 4 above, and failure to do so will result in full payment for the missed lesson will be charged.

8.      DOMICILIUM AND NOTICES 

8.1    The parties choose domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purpose arising from this agreement at their addresses and emails as set out in the lesson application form annexed above.

8.2    Each of the parties shall be entitled from time to time, by written notice to the other, to vary its domicilium to any other address which is not a post office box.

8.3    Any notice given and any payment made by any party to any other (“the addressee”) shall be in writing and if delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by addressee, to have been received by the time of delivery; posted by prepaid registered post from an address to the addressee at the addressee’s domicilium for the time being shall be presumed, transmitted by telefacsimile from an address to the addressee at the addressee’s email address for the time being shall be presumed, until the contrary is proved by the addressee, to have received by the addressee on the first business day after the date of transmission.

9.      FURNISHING OF INFORMATION BY PARENT/S OR STUDENT

The parent/s shall forthwith after the conclusion of the contract furnish the Altlink (Pty) Ltd with all information reasonably required by the Altlink (Pty) Ltd to enable it to comply with its obligations

10.   HEADINGS

The clause headings in this agreement are for references purposes only and shall not be used in the interpretation of this agreement.

        11. BREACH

 11.1  Subject to clause 11.2, if the parent/s breaches any of the terms or conditions hereof or any other agreement with Altlink (Pty) Ltd or fails to pay any amount payable by it on due date or commits any act of insolvency or endeavours to compromise generally with its creditors or does or cause to be done anything which may prejudice Altlink (Pty) Ltd rights hereunder or at all, or allows any judgement against it to remain unsatisfied for 7 days or is placed into provisional or final sequestration or if his estate is voluntarily surrendered, Altlink (Pty) Ltd shall have the right, without prejudice to any other right which it may have against the parent/s, to elect to-

11.1.1 treat as immediately due and payable all outstanding amounts which would otherwise become due and payable over the unexpired period of the agreement and to claim such amounts as well as any other amounts in arrears including interest and to cease performance of its obligations hereunder as well as under any other contract with the parent/s until Altlink (Pty) Ltd has remedied the breach;

11.1.2 cancel this agreement without prejudice to its rights to claim damages.

11.2    Altlink (Pty) Ltd shall not be obliged to comply with its obligations hereunder in any respect whatsoever for so long as the parent/s is indebted to Altlink (Pty) Ltd in any amount whatsoever in respect of any cause whatsoever or fails to comply with any other obligations to Altlink (Pty) Ltd, whether arising out of this contract or otherwise. In particular, without limiting the generality of the aforegoing, if delivery of any particular lesson is to take place, Altlink (Pty) Ltd shall not be obliged to deliver any part of the lesson until the amount in respect of the lesson which already has been delivered, has been paid.

11.3    No claim under this contract will arise against Altlink (Pty) Ltd unless the parent/s has given Altlink (Pty) Ltd 30 days written notice sent by prepaid registered post to rectify any defect or breach of contract.

11.4     Altlink (Pty) Ltd agrees that the parent/s indebtedness to Altlink (Pty) Ltd shall be determined and proven by a certificate issued by Altlink (Pty) Ltd, which authority need not be proven. Such certification shall be prima facie proof of the indebtedness of the parent/s.

11.5    The parent/s hereby indemnifies Altlink (Pty) Ltd against any and all damage of whatsoever nature, howsoever and by whomsoever caused in relation to the removal lessons.

11.6   The parent/s hereby agrees that Altlink (Pty) Ltd shall not be required to furnish security in terms of rule 62 of the rules of Court of the Magistrate’s Court.

11.7    Altlink (Pty) Ltd shall have the right to institute any legal action in either the relevant Magistrate’s Court or the Supreme Court at its sole discretion and the parent/s consents to jurisdiction of the Magistrates court

12.    NO VARIATIONS OR AMENDMENTS

12.1   This lesson contract agreement constitutes the whole agreement between the parent/s and Altlink (Pty) Ltd relating to the subject matter hereof.

12.2   No amendment or consensual cancellation of this lesson contract agreement or any provision or term thereof or of any agreement, bill of exchange or other document issued or executed pursuant to or terms of this lesson contract agreement and no settlement of any disputes arising under this lesson contract agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of this lesson contract agreement or of any agreement shall be binding unless recorded in a written document signed by a Director of Altlink (Pty) Ltd. Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly constructed as relating strictly to the matter in respect whereof it was made or given.

12.3   No extension of time or waiver or relaxation of any of the provisions or terms of this lesson contract agreement or any agreement, bill or exchange or any agreement, bill or exchange or any other document issued or executed pursuant to or in terms of this agreement, shall operate as a waiver of Altlink (Pty) Ltd’s and/or the parent/’s rights as entrenched in the CPA with regard to enforcement of this agreement.

12.4    Altlink (Pty) Ltd shall not be bound by any express or implied term, representation, warranty (with the exception of the warranties as provided for in the CPA), promise or the like not recorded herein, whether it induced the contract between Altlink (Pty) Ltd and the parent/s or not.

12.5   No person other than a Director of Altlink (Pty) Ltd has any authority to delete amend or any respect vary any of these conditions or accept any other conditions or agree to a consensual cancellation hereof.

13.    CONSEQUENTIAL LOSS

            Under no circumstances whatsoever including as a result of its negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law may be liable, shall Altlink (Pty) Ltd be liable for any consequential loss sustained by the parent/s. This also constitutes a stipulatio alteri in favour of such persons the benefits of which may be accepted by them at any time

14.    EXEMPTION AND INDEMNITY

The parent/s shall have no claim of any nature whatsoever for damages, a remission of the lesson fees, cancellation or otherwise, against the Altlink (Pty) Ltd, its Educators/Tutors, agents or others on whose behalf Altlink (Pty) Ltd would be liable, in respect of any loss or damage sustained by the parent/s of any nature whatsoever or any injuries occurred/sustained by the students of the parent’s situated on its premises by any third parties or, howsoever caused including the negligent (excluding grossly negligent) acts or omissions of Altlink (Pty) Ltd, its Educators/Tutors , agents or others for whom it may be liable in law. This constitutes also a stipulatio alteri in favour of such person the benefits of which may be accepted by them at any time.

15.      FORCE MAJEURE

            Any transaction is subject to cancellation by Altlink (Pty) Ltd due to force majeure from any cause beyond the control of Altlink (Pty) Ltd, including without restricting the generality of the aforegoing , inability to secure labour, power, materials or supplies, or by reason of an act of God, war civil disturbances, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation

16.    ACKNOWLEDGMENT AND CONSENT

 The parent/s by his/hers signature hereto acknowledges and agrees that:

 16.1    Altlink (Pty) Ltd may retain copies of the documents provided by the parent/s in support of this lesson contract application and utilise such information when making a decision whether or not to grant incidental credit in terms hereof.

16.2     Altlink (Pty) Ltd shall only use any information for the purposes of this lesson contract application.

16.3     Altlink (Pty) Ltd may disclose the information to credit bureaus from time to time, including but not limited to the parent/s credit history.

16.4    Altlink (Pty) Ltd may process parent/s personal information collected in this lesson contract application to provide personalised services, to communicate the parent/s for marketing purposes, to send the parent/s promotional material or communications regarding Altlink (Pty)Ltd’s products and services and to obtain feedback from the parent/s to improve our products and services.

16.5    Altlink (Pty) Ltd authorised personnel and third party service providers, including but not limited to vendors and credit bureaus, may have access to parent/s personal information, or Altlink (Pty) Ltd may provide such information to the suppliers’ third party service providers for the purposes of this lesson contract application.

16.6    at times Altlink (Pty) Ltd may act for parent/s and process the personal information of your parent/s and in doing so will protect such as required in terms of relevant data protection legislation.

16.7   Altlink (Pty) Ltd complies with the Protection of Personal Information Act 4 of 2013 and does not sell personal information and shall not disclose parent/s personal information unless legally obliged to do so or for the purposes of this lesson contract application.

16.8   the parent/s may obtain further information regarding the processing of personal information, by viewing the Altlink (Pty) Ltd Privacy Policy at  www.altlink.co.za. or on request.

16.9    the parent/s may vary its information by contacting POPI@altlink.co.za.

16.10  Altlink (Pty) Ltd is an “accountable institution” under Financial Intelligence Centre Act, 2001 (Act 38 of 2001) (FIC Act) and accordingly the Altlink (Pty) Ltd may, for the purposes of complying with Altlink (Pty) Ltd’s obligations under the FIC Act (and the Supplier’s FICA Risk Management & Compliance Programme), process the parent/s personal information collected in and/or in conjunction with this lesson contract application and share such personal information with unrelated third party service providers (“verification agencies”) in order to identify the proceeds of crime and/or combat and/or prevent money laundering, terrorist financing and proliferation financing as contemplated in the FIC Act and/or the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998) (as the case may be) or any other relevant legislation. The parent/s hereby irrevocably unconditionally waives any/all claims for loss, damages, penalties, costs, expenses or disbursement of any kind whatsoever which may be suffered by or imposed on the parent/s (as the case may be), arising the processing of such personal information and/or reporting the parent/s to the relevant government authorities pursuant to an adverse report (irrespective of the correctness thereof) being provided to the supplier from any verification agency and being relied on by Altlink (Pty) Ltd for the purposes of combatting or preventing any of the aforementioned unlawful activities.