Terms & Conditions

TERMS AND CONDITIONS

Updated: 1 October 2017 This Standard Agreement is the legal contract between you and Clonard
Education (Pty) Ltd.
In order to enjoy your learning experience with Clonard, you have to read and accept this agreement. Please
ensure that you read the entire document thoroughly before you enrol with Clonard Education (Pty) Ltd.

A. GENERAL TERMS AND CONDITIONS
1. Definitions: In this agreement the following meaning is ascribed to the words below, unless the contract
implies otherwise.
a. "I" and "me" means the client,
b. "you" refers to the supplier, being Clonard Education (Pty) Ltd (hereafter Clonard),
c. "Head Office" means the main administrative centre of Clonard,
d."problem experienced" means any problem that may be encountered,
e. "statement" means a certificate containing the information regarding amounts owed and interest.
 
2. "Cambridge support programme " means the programme offered by Clonard to prepare students for CIE
exams.
3. CIE refers to Cambridge International Education
4. "Product" refers to all good and services supplied by Clonard incl curriculum material, exams et al.
2. I accept that reference to the singular in this agreement shall embrace the plural and vice versa, unless the
contents require otherwise.
3. I understand that this is a binding offer for the product, subject to acceptance by Head Office. Enrolment
by Head Office is only confirmed once both academic and financial approval has been finalised. Should I
neglect to receive the product , this shall in no way affect my responsibilities and/or liabilities in terms of
this agreement.
4. I acknowledge that Clonard no longer offer credits for books not required and packs are to be purchased
in their entirety.
5. As the client, I hereby authorise either yourselves or a transporter, the choice of whom shall be at your
absolute discretion, to deliver the product (or part thereof) to the delivery address as per the details.
6. In the event that items are missing or damaged from my product, I understand that I am to notify Clonard
within two (2) weeks of receipt of the product by means of an email to orders@clonard.co.za
7. I recognise that the bulk of my communication with Clonard is done via email. For this reason, I accept the
importance of supplying Clonard with my complete and correct electronic contact information. I
understand that non-receipt of email from Clonard cannot be alleged, as the management of my email
account is my own responsibility. Clonard cannot be held accountable for my failure to open and/or read
my emails, or for loss of access to my e-mails.
8. I shall notify you in writing of any change in my residential and/or postal address, email address, or
telephone number within 5 (five) business days. I agree that I shall bear all costs that Clonard may incur as
a result of my failure to notify Clonard of a change in my aforementioned contact details.
9. I declare that I am aware of the nature, quality and content of your product. I accept the product as it is,
with no warranties whatsoever.
10. I am aware that exams and assignments constitute part of the product and are not offered separately.
11. I am aware that all delivery costs, for whatever reason, including any shipping costs, postage, freight,
handling charges, and costs of media, will be for my account, should I reside outside the borders of South
Africa, or should my delivery address fall outside the borders of South Africa.
12. All electronic submissions become the property of Clonard.
13. In the event of a problem experienced of any nature whatsoever, I bear knowledge of Clonard‘s telephone
numbers and addresses where I may contact you for client service. I understand that a problem
experienced by me, of any nature whatsoever, does not entitle me to cancel this agreement or cease
payments.
14. I accept that a statement issued on an official Clonard letterhead is sufficient proof of details stated herein
for the purpose of obtaining any provisional summons or other sentence against me, or for any other
purpose. Such a certificate shall also serve as prima facie proof that the stated amount, together with
interest, is owed by me, and that the interest is payable at the rate stated therein.
15. I provide the information on the enrolment platform for the purpose of obtaining my credit record, and I
understand that Clonard may investigate my credit record and report information concerning my credit
conduct with regard to my Clonard account to credit bureaus and others.
16. I understand that suspension of all services to me (and therefore the learner) will result in the unavailability
of all forms of formal assessments. I understand that this will lead to loss of marks for the learner. I herewith
irrevocably accept full responsibility should such a situation occur, as Clonard is not subsidised by the
Department of Education and non-payment on my part is a breach of contract. This will result in the
learner(s) being disadvantaged, due to my own negligence. I, therefore, indemnify Clonard as well as its
staff against all responsibility in this regard.
17. I agree that the proper education of my child/children is my responsibility and not the responsibility of
Clonard, which I understand is merely providing an educational aid.
18. I accept personal responsibility to ensure all subject choices are in line with careers envisaged for all
learners.
19. I shall be liable for all the costs in the event of legal action arising from the breach of this agreement, these
being on the attorney-client scale plus collection commission.
20. I agree to the jurisdiction of the Magistrate’s Court for all legal proceedings on breach of this agreement.
21. I understand that enrolment with Clonard does not constitute any form of application/registration/
enrolment with any other authority, either private or public, such as the Department of Education.
 
B. THIRD PARTY RELATIONSHIPS
1. I acknowledge that Clonard does not have any relationships or affiliations with any third parties, such as
tutors, tutor centres, cottage schools, micro-schools, teachers, independent schools, public schools or any
other educational institution, unless expressly stipulated in writing.
2. I understand that the order is to be placed by the parent and the product is supplied to parents or
guardians of learners and will not communicate or entertain any conversations or agreements with any
third party, as mentioned above, other than the parent/guardian or individual.
3. I accept that Clonard will not be held responsible for any dispute between parents, guardians or
individuals and any other third party.
4. I acknowledge that a third party will be held liable in terms of a copyright infringement where he/she acts
on behalf of a parent, guardian or individual. A penalty as contained in clause A.16 may become
applicable where such an infringement has occurred.
5. I accept that no third party may enrol any learner or individual with Clonard on behalf of a parent,
guardian or individual, with or without their written consent which is to be provided to Clonard with their
enrolment.
6. I acknowledge that the enrolment of a learner or individual is the express responsibility of the parent,
guardian or individual.
7. I understand that a third party cannot accept payment on behalf of Clonard.
 
C. COPYRIGHT OF LEARNING MATERIAL OR OTHER PRODUCTS SUPPLIED BY ANY THIRD
PARTY
1. I accept the use of Clonard‘s learning material provided and I agree to be bound by the terms and
conditions of the Clonard Standard Agreement, as well as other Guidelines published on
www.Clonard.co.za throughout the year.
2. I am aware that all Clonard Education material is subject to copyright and I will not reproduce any part of
it in any way. Clonard reserves all rights relating to copyright not explicitly granted to me. I agree to a
penalty to the amount of at least R100 000 (one hundred thousand rand) if found guilty of such a
transgression. The amount may increase depending on the evidence put forward by Clonard.
3. I understand and agree that only a learner who is enrolled with Clonard may use the Clonard product for
his/her personal, non-commercial use and not for re-sale or re-distribution.
4. I acknowledge that the Clonard product may require internet access and the responsibility of maintaining
that access lies entirely with me.
5. I accept that any and all copyright notices or acknowledgement of any publisher or its licensors and/ or
other intellectual property rights that may appear in the digital publications, including all copyright,
trademark and similar notices, apply.
6. Should Clonard detect a systematic pattern of abuse by me, legal action shall be taken as well as
measures to prevent further abuse, including the suspension of my account.
 
D. Gr R-10 CAPS
1. I am aware that for the Gr R-9 curriculum I have a maximum of 18 months to complete the course , unless
otherwise agreed in writing. Thereafter I will not have access to any Clonard resources including exams.
2. I am aware that under no circumstances will marked exam scripts be returned to me with the exception of
Maths and Accounting. Such scripts are the property of Clonard.
3. I understand that reports are sent by email.
4. I understand that if even if I do not complete the course offered by Clonard I am not entitled to a refund for
course fees under any circumstances.
5. I understand that if I do not complete the course with Clonard I will still be liable to Clonard for all course
fees.
 
E. CAMBRIDGE
1. I understand that support for the Cambridge International Education examinations is offered by Clonard.
2. I understand that Clonard is in no way affiliated with CIE.
3. I understand that reports for Clonard internal exams are sent by email.
4. I understand that course fees are payable directly to Clonard.
5. It is my responsibility to register for the Cambridge International Exams and the fees thereof a payment
separate from my Clonard course fees.
6. It is my own responsibility to ensure that I have the correct subjects for the degree or qualification that I
wish to study at a tertiary institution. I cannot hold Clonard liable for any subject choices that I have made.
7. I understand that part of the Cambridge support programme is delivered electronically and it is my
responsibility to ensure adequate internet access and/or data.
8. I understand that if even if I do not complete the course offered by Clonard I am not entitled to a refund for
course fees under any circumstances.
9. I understand that if I do not complete the course with Clonard I will still be liable to Clonard for all course
fees.
 
F. PAYMENT POLICY, ACCOUNTS IN ARREARS & AUTO REREGISTRATION
 
Payment Policy
1. I acknowledge that the following payment methods are accepted:
a. Full payment of the total amount.
b. Initial deposit equal to 30% of total course fee payable via EFT, credit or debit card or direct cash
deposit, followed by debit order payments subject to a qualifying credit rating and submission of
the mandatory Debit Order Mandate and supporting documentation as per the Debit Order
Mandate.
c. Payment plans are offered entirely at Clonard discretion.
2. I acknowledge that Clonard does not accept cash payments at its offices.
3. I acknowledge that I will be subject to a 5% cash deposit fee should I deposit cash in to the bank account.
4. I understand that if I am approved for a payment plan, monthly instalments can only be made by debit
order and not EFT or cash deposits.
5. I accept that debit order payments are expected on a month-to-month basis, starting from the month
following my enrolment and subject to academic and financial approval. Debit order payments can only
be set up for the 30th ( thirtieth day ) or 15th ( fifteen day) of every month
6. I accept that should I be authorised for a payment plan the full outstanding amount (inclusive of the final
instalment payment) must be made on or before 1 November.
7. I undertake to settle my account in full before re-enrolling for the following year.
Accounts in Arrears
8. When my account is in arrears, it will be dealt with in the following manner:
9. If my account is in arrears, Clonard will notify me regarding the default in payment.
10. Failed debit orders will be reset for 2 weeks time. I am liable for payment of an administration fee of
R120 in the event that my debit order payment fails.
11. Interest will be charged at 2% of the total outstanding amount if I fail to pay the agreed monthly instalment
on my account.
12. I understand that Clonard reserves the right to hand me over to a debt collection agency, should I fail to
pay my account. Continued non-payment amounts to a material breach that will result in the termination of
my contract with Clonard. Should my account be terminated I will be liable for payment of the account in
its entirety including by not limited exams fees.
13. I understand that I have to settle my account with the debt collection agency in full. Should I wish re-enrol, I
understand that the full amount for the applicable Clonard product must be paid in its entirety in order for
the service to recommence.
14. Instalment payment agreements are entirely at Clonard’s discretion.
Automatic Reregistration
15. 14. I understand that I will automatically be reregistered for the following grade upon completion of the
current years curriculum.
15. I understand that my debit order payments will continue or be renewed and once the deposit amount has
been paid and any other registration has been completed my curriculum will be dispatched.
16. I understand that if I do not plan to continue with Clonard for the following academic year I will submit a
Cancellation Form with 30 days notice.
 
G. RETURNS & CANCELLATION PROCEDURE:
Returns
1. Products may be returned for a refund within 30 days of receipt of the package. Such refunds will be
subject to a 15% handling fee.
2. Only products received in full in the condition in which they were sent out will be considered for a
refund by Clonard.
3. If any part of a pack is used or damaged , return of the pack to me will be for my account.
Cancellation
4. I understand that if I would like to cancel my enrolment during the year I will send an email to
orders@clonard.co.za requesting a Cancellation Form. I will still be liable for any outstanding fees.
5. Clonard will officially cancel my enrolment 30 days after receiving my completed Cancellation Form.
 
H. ENTIRE CONTRACT
This agreement constitutes the entire agreement held between myself and Clonard. Any modifications shall be
agreed to in writing and signed by the parties involved. This agreement novates any previous understandings
or agreements between the parties. The parties waive the right to rely on any alleged provision not expressly
contained in this agreement. I hereby accept all the terms and conditions of this agreement.