Quote and Contract

G. TERMS & CONDITIONS

1. Introduction

1.1. These terms and conditions (hereinafter referred to as “the/this Agreement”) are subject to, and must be read in conjunction with, the attached Eduvos Conditions of Enrolment and are contractually binding on both the Student and/or Sponsor (“Sponsor” - meaning the person who undertakes to pay, in full or in part, the amount owing in terms of this Agreement which shall include the parent/legal guardian of a Student or, in the case of a corporate Student, his corporate sponsor).

1.2. By accepting these terms and conditions, the Student and/or Sponsor confirms that he/she/it has read, understood and accepted the terms and conditions as contained in this Agreement and agrees to be bound by the Agreement as well as the Academic Regulations of Eduvos.

1.3. In the case where a Student is under the age of 18 years of age (and thus classified as a minor), the Student confirms that these terms and conditions are entered into with the knowledge and consent of the Student's parent/legal guardian.

1.4. This Agreement shall remain valid and legally binding for as long as the Student is Enrolled at Eduvos. “Enrolled” shall include students whose studies have been suspended (for any reason).

2. Fees

2.1. By choosing to proceed with the enrolment process, including but not limited making payment of fees, either upfront or monthly towards the course and/or by accessing course content and/or Eduvos systems , the Student and/or Sponsor acknowledges and agrees that he/she/it will be liable for the applicable study fees for the duration of studies at Eduvos, as contained in the quote (“Contract Price”) which the Student and/or Sponsor has agreed to pay in accordance with either clause 2.3 or 2.4 (below). For the avoidance of doubt fees will not include other amounts that may arise throughout the Student’s studies at Eduvos (as mentioned in clause 2.12). Future amounts will be confirmed annually through the use of an addendum to this Agreement that will be sent to the Student and/or Sponsor and which will confirm the applicable amounts owing for a specific year and such annual addendum shall not modify the terms of this Agreement, except as explicitly outlined within the addendum itself. The amount claimed in the quote will be deemed to be prima facie evidence as to the amount owing by the Student and/or Sponsor to the Institution.

2.2. Any outstanding fees owed to Eduvos by the Student and/or Sponsor will attract interest at a rate equal to the prime rate plus 2 (two) percent per annum, compounded monthly.

2.3. Upfront Payment Option

The Student and/or Sponsor agree that the Contract Price shall be due and payable prior to the commencement date of applicable block. In the event of non-payment, Eduvos shall be entitled to proceed in accordance with clause 2.4 (below). In the event that the agreed upfront amount is not received within 30 days of the due date thereof, all Parties to this Agreement hereby acknowledge and agree that Eduvos shall be automatically entitled, in accordance with clause 2.4, to proceed with the Monthly payment option.

2.4. Monthly Payment Option

The initial monthly instalment (as specified in the quote) shall be due before the course start date. It's important to note that this initial payment does not replace or negate the payment obligation due on or before the 1st of the following month. Subsequent monthly payments shall then be payable in advance on or before the 1st day of each succeeding month throughout the Duration of the Agreement. Payment will recur monthly in this manner and should payment not be made by the 7th day of each month, then Eduvos shall be entitled to proceed in accordance with clause 2.5 (below).

2.5. Payments made by the Student/Sponsor to Eduvos may be attributed by Eduvos in such sequence to such amounts owed by the Student/Sponsor to Eduvos as Eduvos may determine in its sole discretion: Provided that priority in such sequence shall be given firstly, to pay all interest and legal fees (if and when applicable) which may have accrued on the full amount due by the Student/Sponsor to Eduvos; and secondly, to such portion of the full amount due by Student/Sponsor to Eduvos for services rendered.

2.6. It is specifically agreed that should the Student and/or Sponsor fail to make payment for any reason by the due date (as mentioned in clause 2.3 or 2.4 above), then Eduvos reserves the right to remove the Student from the Programme or to suspend the Student’s participation in the Programme.

2.7. Such a decision shall be at the sole and absolute discretion of Eduvos, with Academic approval. In the event that the Student is suspended from the Programme, then such a Student will not be permitted to access any aspect of the Programme or a Campus, until such time that the outstanding payment due by the Student and/or Sponsor to Eduvos has been paid in full subsequent to Academic approval.

2.8. Should the student and/or sponsor wish to cancel their enrolment with Eduvos, they must do so by way of completing and submitting the relevant cancellation document obtained from the finance department at the relevant Eduvos Campus. Eduvos, in this regard, shall be entitled to retain the following amounts:

Course Enrolment Refund Table

 2.9. For the avoidance of doubt, the date of receipt of the cancellation form referred to in clause 2.7 by the Campus finance department, shall be the start date of any notice period referred to in this clause.

 2.10. Where a Student is unable to complete his/her studies due to circumstance beyond his/her control, Eduvos may within its sole discretion elect to cancel the Agreement and may reduce or wave the cancellation fee to the Student and/or Sponsor. For greater clarity, the Student and/or Sponsor agree that this will be determined on a case-by-case basis. Such decision will also be based on the documentary evidence provided by the Student in support of the circumstances beyond his/her control as to why he/she cannot complete his/her studies with Eduvos.

2.11. In the event of an expulsion / termination of the Student for any reason whatsoever, the terms and conditions of this Agreement will be terminated. In this case, Eduvos will not be liable to refund any Fees already paid and the Student and/or Sponsor shall remain liable for any amount outstanding as at the date of termination (as per above).

2.12. Additional Expenses:

2.12.1. Whilst the Student is enrolled with Eduvos, the Student and/or Sponsor may incur additional expenses or costs (which is payable upfront), which may include but not be limited to, annual Copyright Fees, excursions, supplementary/deferral examinations, additional classes (in the form of summer/winter schools) and any other additional expenses or costs as may be applicable and advised to the Student and/or Sponsor from time to time. 

2.12.2. The Student and/or Sponsor may, from time to time and at their own cost and expense and as prescribed by Programme requirements or by the Programme Lecturer, be required to purchase prescribed academic textbooks and/or other prescribed academic materials that will form part of the applicable course. Such prescribed academic textbooks and/or other prescribed academic materials are required and will not be provided by Eduvos.

2.12.3. Although Eduvos will make available to the Student an access tag/student card, it is specifically agreed that the Student and/or Sponsor will thereafter be responsible for any lost, destroyed, or misplaced student tags/student cards.

2.12.4. Throughout the duration of the course, the Student will be required to have adequate access to a suitable Computer (specified requirements shall be made available to Students by the Programme Lecturer) with sufficient internet connectivity, as well as a webcam, all of which must be provided by the Student and/or Sponsor. All expenses in terms hereof shall at all times be borne by the Student or Sponsor.

3. International Student

3.1. If a Student is an international student, the Student will be required to be in possession of a valid study visa (or any other visa entitling the Student to reside and study within the borders of the Republic of South Africa), as required in terms of the Immigrations Act 13 of 2002, as amended, as well as be in possession of a valid passport when enrolling with Eduvos. Any study visa documentation issued must only make reference to and be for the sole benefit of Eduvos.

3.2. The Student further acknowledges that in order for the study visa to be issued, the Student must provide proof of medical cover renewed annually with a Medical Scheme registered with the South African Council for Medical Aid Schemes in terms of the Medical Schemes Act, 131 of 1998.

3.3. It is the Student’s responsibility to ensure that he/she at all times complies with the conditions of the study visa (alternatively any other Visa held by the Student) whilst being enrolled with Eduvos. It shall be an obligation on the Student to ensure that such Student meets and continues to adhere to any minimum requirements as set out in the issuing of any such visa (referred to in this clause 3).

3.4. All international Students, with the exception of 3.5 below, shall be obligated to make payment of 30% deposit plus the first month’s instalment upfront.

3.5. Deposit applicable to International Students from the Federal Republic of Nigeria only:

3.5.1. A minimum of 30% deposit of the upfront course fee plus the first months instalment is required before enrolment can be finalised (excluding Asylum Seekers/Refugees), subject to an additional R5000 non-refundable deposit (deductible from the 30% deposit) being paid to Eduvos for Nigerian Students who completed their High School/Qualification outside South Africa.

4. Liability and Indemnity

4.1. By signing this Agreement, the Student and/or Sponsor confirm full awareness of the type of programme enrolled for, including the award/qualification and/or credits awarded in respect of the programme, and acknowledge and accept

that no representations have been made other than those contained in the official Eduvos prospectus or applicable enrolment form.

4.2. Whilst Eduvos shall aim to take reasonable care to ensure the safety and security of all its Students whilst on campus, Eduvos shall not be liable for any loss, damage to the Student’s property, or injury or death to that person however it may be caused, whether by another Student or person who is not an employee of Eduvos or an authorised representative of Eduvos. In such a case, the Student agrees to indemnify Eduvos against such loss, injury, damage, or death.

4.3. Nothing contained in this Agreement is intended nor shall it be construed as an attempt by Eduvos to limit any liability which cannot be limited under South African law, which shall include (without limitation and where applicable) its liability for death or personal injury caused as a direct result of the Eduvos’ gross negligence and/or omission.

5. Personal Information

5.1. The Parties acknowledge their respective obligations and agree at all times to comply with the provisions of the Protection of Personal Information Act 4 of 2013 (“POPI”) in relation to any collected data which may contain personal information (as defined in Section 1 of POPI) as collected from the Student and/or Sponsor for purposes of concluding this agreement. Such Personal Information may include, but not be limited to, academic progression, administration, and support services.

5.2. The Student and/or Sponsor acknowledge that they know and understand their right to privacy and to have their Personal Information processed in accordance with the conditions for the lawful processing of their Personal Information as per POPI, and hereby consent to Eduvos collecting, processing and distributing Personal Information where Eduvos is legally required, and/or obligated to do so, including distributing Personal Information to authorised Eduvos employees, agents and contractors and affiliates to use, review and process. The Student consents to being contacted by such agents and contractors and affiliates. The Student further consents to Personal Information, including but not limited to academic results and academic transcripts, being shared with the Sponsor (parent/legal guardian of a Student or, in the case of a corporate Student, his corporate sponsor) upon the Sponsor’s written request.

5.3. Any Personal Information provided to Eduvos, pursuant to this Agreement, will be stored on Eduvos’s servers (including online cloud-based services) and will only be accessible by authorised employees, agents, and contractors of Eduvos and its affiliates for a defined purpose. By accepting the terms of this Agreement, the Student and/or Sponsor explicitly consents that, in terms of section 72 of POPI, the Personal Information provided may be transferred, processed, and stored in countries outside South Africa. For the avoidance of doubt Eduvos confirms that any such Personal Information stored outside of South Africa will at all times be protected in a manner which is no less stringent to that required by POPI.

5.4. The Student and/or Sponsor further consent to Eduvos obtaining, using, and disclosing Personal Information as follows:

5.4.1. For Eduvos to perform any obligations and enforce any rights under this Agreement;

5.4.2. To use the Personal Information provided to further inform the Student and/or Sponsor about Eduvos’s additional service offering, including other programmes that may be of interest to him/her;

5.5. The Student and/or Sponsor acknowledge and agree to Eduvos using or disclosing relevant Personal Information where either directly or indirectly required to do so in terms any laws or orders of court, or where requested to do so by certain Government organisations or for record keeping and statistical purposes.

5.6. The Student and/or Sponsor agree to not disclose any personal details and/or access details in relation to any ID which has been issued to the Student or his/her online registration details to any unauthorised third party or record such details in any way that may result in them becoming known to a third party. Should the Student not keep his/her personal details/access details safe, such a Student thereafter gives up any claim they may have against Eduvos for any loss or damage the Student and/or Sponsor may suffer because they have failed to keep such information safe.

5.7. Upon the Student’s access details/applicant ID having been entered, Eduvos will assume that any activity in relation to the Student’s online registration is that of the Student and any instruction is legitimate and valid. Even if someone else uses your access details, Eduvos may carry out an instruction as if the Student authorised it.

5.8. Eduvos confirms that it has reasonable security safeguards in place to protect the Student’s access details and or Sponsor’s details and other personal or confidential information provided by the Student and/or Sponsor via the online registration process or received throughout the registration process. However, the Student and/or Sponsor accepts that, whilst Eduvos will take all reasonable steps to prevent security breaches in respect of online registrations, any information sent over an unsecured link or communication system is susceptible to unlawful monitoring, interception, or access by a third party, for which Eduvos will not be responsible.

5.9. The Student and/or Sponsor agrees that any Personal Information provided to Eduvos is correct, accurate and up to date. Should any Personal Information of the Student and/or Sponsor change, the new updated Personal Information is to be sent to an Eduvos Student Advisor.

6. Breach and Termination

6.1. In the event of the Student and/or Sponsor committing a material breach of this Agreement, including but not limited to non-payment of fees and failing to remedy such breach within a period of 7 (seven) business days after receipt of a written notice from Eduvos calling upon the Student and/or Sponsor to remedy the breach, then Eduvos shall be entitled, at its sole discretion, without prejudice to any of its other rights in law, to either:

6.1.1. Claim specific performance of the terms of this Agreement; and/or

6.1.2. Cancel this Agreement forthwith; and/or

6.1.3. Claim and recover damages from the Student and/or Sponsor.

7. Consent to do a Credit Check where fees are paid on a monthly basis

7.1. As part of the admission process, Eduvos shall be required to obtain credit reports or other related information on the account holder, as may be deemed necessary. The purpose of the credit report is to assess the account holder’s financial means and ability to satisfy the financial obligations as set out in this Agreement.

7.2. By signing this Agreement, you consent to Eduvos and/or any of its associates to process your personal information for the purposes relating to obtaining a credit report and authorise Eduvos to conduct credit inquiries and/or obtain credit reports in respect of your credit profile, as may be necessary, with the credit bureau of its choice. Such consent shall include consent to do fraud checks and additional checks with and reporting to the South African Fraud Prevention Service.

8. General

8.1. Change of Sponsor: At any time during the duration of this Agreement, should the Sponsor change, the Sponsor and/or the Student commit to notifying Eduvos promptly about the change. Both parties accept the obligation to establish a new agreement in consideration of this change and further agree that until such time as a new agreement is executed the provisions of this Agreement shall continue to apply. The new Agreement, once executed, shall supersede any prior agreements and shall outline the rights, responsibilities, and obligations of the new Sponsor and the Student. Failure to execute a new agreement in such circumstances may result in a breach of this Agreement.

8.2. Changes to Programme qualification/module names/content/dates (including Programme commencement date) and fees.

8.2.1. Eduvos reserves the right to change the Programme qualification/module names/content/dates (including Programme commencement date) subject to prior written notification being provided by Eduvos to the Student and/or Sponsor. Further to this, any Programme and/or Module registered for shall be subject to demand for that Programme and/or Module (in regard to registered students). As a result, Eduvos reserves the right to amend/cancel any Programme and/or Module in response to insufficient numbers of Students registering for such Programme and/or Module.

8.2.2. Eduvos further reserves the right to change, modify or otherwise alter the academic programme fees at any time prior to Enrolment being concluded, provided that the student /person responsible for the account is provided 20 business days’ notice of such variation/ modification before such change /modification takes effect. Programme fees are published annually and any variation from the previously published pricing are not subject to notice being issued.

8.3. Chosen Address. The Student and/or Sponsor nominate and appoint the physical address as set out in annexure “A” (prefixed hereto), or such other address as he/she may at any time advise Eduvos (from time to time). This address will be the address which will be used for all purposes arising from this Agreement, and as a good and proper address to which any notices which may need to be given to the Student and/or Sponsor in terms of this Agreement can be dispatched.

8.4. Certificate of Balance. A certificate signed by an authorised person of Eduvos (whose appointment need not be proved), setting out any amount owing to Eduvos, shall be sufficient evidence to obtain default or summary judgment against the Student and/or Sponsor.

8.5. The Student and/or Sponsor hereby consent to the jurisdiction in terms of Section 45 of the Magistrates Court Act, 32 of 1994 of South Africa, that any legal proceedings arising from this Agreement may be instituted in the Magistrate’s Court of any district with jurisdiction in terms of Section 28 of the Act.

8.6. In the event that the Student and/or Sponsor fails to make payment of any amount due in terms of this Agreement, and after receiving written notice from Eduvos (calling for settlement within a period of 10 days from date of receipt of the notice referred to in this clause 6.1 calling for the Student and/or Sponsor to make such outstanding payment, then Eduvos will be permitted to terminate this Agreement. Eduvos will be further entitled to institute legal proceedings against the Student and/or Sponsor.

8.7. Any and all legal costs incurred by Eduvos as a result of instituting legal action against the Student and/or Sponsor, shall be borne by the Student and/or Sponsor on the scale as between attorney and own client.

8.8. Eduvos shall be entitled to suspend face to face lectures and/or classes in response to any external event, should it deem necessary in order to protect the health and safety of the Students and Staff. In such an event, the Student and/or Sponsor shall not, by reason of such suspension and/or closure of campuses, be entitled to any refund of fees paid to or alternatively fees due to Eduvos or be entitled to a reduction in fees payable to the Eduvos.

8.9. The Terms and Conditions contained herein including the attached Eduvos Conditions of Enrolment as well as the terms contained on the Eduvos website (www.eduvos.com) shall be the entire contract between the Student and/or Sponsor and Eduvos and no alteration, cancellation or variation hereof shall be of any force or effect unless it is reduced to writing and signed by Eduvos.

8.10. Any reference to signature and/or in writing by the either of the Parties shall, notwithstanding anything to the contrary in this Agreement, be read and interpreted to permit all forms of electronic signature.

8.11. Legally Binding Commitment: The absence of a physical or electronic signature on this Agreement does not negate the parties' intent to be bound by the terms and conditions contained herein. In this regard you are referred to section 12(a) read together with section 22 of the Electronic Communications & Transactions Act of 20021. Both parties, by engaging in the enrolment process and related activities as described under Clause 2.1, demonstrate their mutual understanding and consent to abide by the obligations set forth herein.

8.12. This Agreement shall supersede and replace any and all agreements previously entered into between the Student and/or Sponsor and Eduvos in relation to the services as set out herein.

8.13. The Parties to this Agreement record that it shall not be required for this Agreement to be valid and enforceable that a Party initial the pages of this Agreement and/or have its signature of this Agreement verified by a witness.

I, the student and the sponsor, hereby accept and agree:

I have read and understood the terms and conditions as contained in this Agreement.

F. Signature