TERMS AND CONDITIONS
Updated: 16 October 2019 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.
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, and/or the student, where appropriate,
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. “Product” refers to all good and services supplied by Clonard incl. curriculum material, exams et al.
3. Reference to the singular in this agreement shall embrace the plural and vice versa, unless the contents require otherwise.
4. 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.
5. Clonard no longer offers credit for books not required and packs are to be purchased in their entirety.
6. As the client, I hereby authorise either yourselves or a transporter, the choice of whom shall be at Clonard’s absolute discretion, to deliver the product (or part thereof) to the delivery address as per the details given by me.
7. 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 firstname.lastname@example.org and to follow up to ensure that the email is received.
8. 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.
9. 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 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.
10. I am aware of the nature, quality and content of your product. I accept the product as it is, with no warranties whatsoever.
11. I am aware that exams and assignments constitute part of the product and are not offered separately.
12. 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.
13. All electronic submissions become the property of Clonard.
14. In the event of a problem of any nature whatsoever, I bear knowledge of Clonard‘s telephone numbers and addresses where I may contact you for client service. No problem of any nature experienced by me, entitles me to cancel this agreement or cease payments.
15. A statement issued on an official Clonard letterhead is sufficient proof of details stated therein for the purpose of obtaining any provisional sentence or other judgment against me, or for any other purpose. Such a certificate shall 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.
16. I provide the information on the enrolment platform for the purpose of obtaining my credit record. I authorise Clonard to investigate my credit record and to report information concerning my credit conduct with regard to my Clonard account to credit bureaus and others.
17. 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 a result of non-payment on my part, as this 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.
18. 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.
19. I accept personal responsibility to ensure all subject choices are in line with careers envisaged for all learners.
20. I shall be liable for all the costs on the scale as between attorney and client, including collection commission, in the event of legal action arising from my breach of this agreement.
21. I agree to the jurisdiction of the Magistrate’s Court for all legal proceedings in the event of breach of this agreement by me.
22. 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. 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. The order is to be placed by the parent and the product is supplied to parents or guardians of learners. Clonard 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. 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 the individual.
7. I understand that no third party can 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 in any form.
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 to me and the student/s enrolled by me.
6. Should Clonard detect copyright 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-9 CAPS INCLUDING ASSESSMENTS AND EXAMS
1. I am aware that for the Gr R-12 curriculum I have a maximum of 18 months to complete the course, unless otherwise agreed in writing. If a longer time period is required, e-mail email@example.com with a valid reason. Thereafter I will not have access to any Clonard resources including exams.
2. 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 or exams under any circumstances.
3. I am aware that under no circumstances will marked exam scripts be returned to me, unless by special arrangement. I understand that returning of scripts will involve additional cost. All scripts are the property of Clonard.
4. Exams and reports for mid-year and year-end are sent by email.
5. I accept that if my exams are not received by Clonard within this time, they will not be marked under any circumstances.
6. I will allow a minimum of 4 weeks to receive my report after submitting my completed exams.
7. I will not be entitled to be sent my end of year exams until mid-year exams have been submitted to Clonard.
8. I agree to observe the exam conditions as set out in the Examinations and Rules. I agree that in the unlikely event that plagiarism or cheating is suspected, my child may be given zero for the entire exam. This decision is entirely at the discretion of the teacher and no discussion will be entered into.
9. I understand that if I do not complete the course with Clonard I will still be liable to Clonard for all course fees.
E. Gr 10-12 CAPS INCLUDING ASSESSMENTS AND EXAMS
10. I am aware that for the Gr 10-12 curriculum I have a maximum of 3 years to complete Gr 10-11, unless otherwise agreed in writing. Gr 12 can be completed in one year or two. Thereafter I will not have access to any Clonard resources including exams. If I require more than a year to complete syllabus I understand it is imperative to inform Clonard in writing well in advance as this affects my registration with SACAI.
11. 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 or exams under any circumstances.
12. I am aware that under no circumstances will marked exam scripts be returned to me with the exception of Maths and Accounting. All scripts are the property of Clonard.
13. Exams and reports for mid-year and year-end are sent by email.
14. I will follow the set exam timetable Grade 10-12 during June and November. Completed exam scripts must be received by Clonard within one week of the end of the timetable.
15. I accept that if my exams are not received by Clonard within this time, they will not be marked under any circumstances.
16. I will allow a minimum of 4 weeks to receive my report after submitting my completed exams.
17. I will not be entitled to be sent my end of year exams until mid-year exams and all SBA Tasks have been submitted to Clonard.
18. I agree to observe the exam conditions as set out in the Examinations and Rules. I agree that in the unlikely event that plagiarism or cheating is suspected, my child may be given zero for the entire exam. This decision is entirely at the discretion of the teacher and no discussion will be entered into.
19. I understand that if I do not complete the course with Clonard I will still be liable to Clonard for all course fees.
F. CLONARD ONLINE CURRICULUM
20. All online courses are provided by Clonard Education (Pty) Ltd under the brand name “Clonard Online”, Reg No 2015/025797/07, P O Box 74009, Rochdale Park, 4091, South Africa.
21. All intellectual property rights, including copyright in all content and communication belongs to Clonard Education (Pty) Ltd. By agreeing the Terms and Conditions I accept that content and property of Clonard Education (Pty) Ltd cannot be copied, reproduced, modified, stored, redistributed or exploited commercially in any way without permission from Clonard Education (Pty) Ltd.
22. I understand that all materials, which include copy, content, images, layout, graphics, design and appearance belong to Clonard Education (Pty) Ltd.
23. I understand that the learning materials supplied are for the express use of the learner who is named on the enrolment form at www.clonard.co.za. It is accepted that no material is permitted to be shared, printed, or copied unless expressly stated in writing from Clonard.
24. I understand that I may use any of the information or content at my own risk for which Clonard Education (Pty) Ltd will not be liable. It will be my responsibility to ensure that any products I purchase are suitable to my child/registered learners current requirements.
25. Clonard Education (Pty) Ltd may change the content, which includes prices, offers and content at any time. Clonard does not provide a warranty or guarantee of its accuracy, completeness, suitability, timeliness or performance of information or content in the website. If there are errors in the information provided in the content of the website I understand that Clonard is expressly excluded from liability for these inaccuracies, to the fullest extent that the law permits.
26. I understand that it may be required that additional textbooks printed by external publishers are purchased in order to complete the Clonard Online course. Such purchases will be at my own expense.
27. Operational Requirements
28. I accept that it is my responsibility to have access to the following to make use of the Clonard Online curriculum. I understand that Clonard shall not bear the cost of the any such requirements.
29. An operational email address.
30. Adobe Acrobat Reader.
31. Access to a suitable electronic device such as a laptop computer, iPad et al.
32. Sufficient data and adequate internet connection.
33. My account must be settled in full in order for my child / registered learners exams to be sent out.
34. I am not entitled to a refund under any circumstances whatsoever.
35. The Clonard Online pack will be available for download once my payment reflects in Clonard Educations bank account namely
Clonard Education Pty Ltd,
Account Number 051958910
Branch Code 045526
36. If I wish to upgrade to the printed pack option, the full purchase price must be paid.
37. All other Terms and Conditions apply.
38. Any breach of these terms may result in a criminal offense being committed.
F. REFER A FRIEND PROGRAMME
1. Voucher is limited to R300.
2. The credit on the account may be transferred to the next academic year, as long as the voucher is used within 18 months of it being generated.
3. Discount is not exchangeable for cash.
4. Only existing Clonard clients can refer a friend/family.
5. Where the referee cancels their enrolment with Clonard prior to the voucher being used and Ts & Cs met, the voucher will be revoked.
6. The referral campaign is only applicable to new enrolments.
7. A referral can only be processed via the Refer a Friend webpage (https://www.clonard.co.za/refer-afriend/).
8. To qualify for the discount, the referred friend/family may not be an individual previously registered with Clonard.
G. PAYMENT TERMS
1. Payment Terms are not available on the Clonard Online curriculum.
2. Early Bird Special valid 1 October – 31 October annually, comprises full payment up front.
3. Between 1 Nov and 31 July the following payment options are available
4. Payment Option A comprises full payment upfront.
5. Payment Option B (subject to credit check, 3 months bank statements , certified copy of ID, 3 payslipsmost recent) comprises a 25% deposit and the remainder paid in equal monthly installments as approved by Clonard. The first payment is to be made in the month following the date of invoice.
6. All accounts need to paid IN FULL by the end of SEPTEMBER. Exam papers will not be sent if there is a balance outstanding on the parents account.
7. Installments must be paid on the date applicants salary is received.
8. If for any reason a client wishes to pay their debit order in a specific month via EFT an email notification as well as the relevant amount due needs to reflect in our account 2 days before the scheduled debit order date or the procedure for a failed debit order will be followed.
9. A R140 fee will be charged for any failed debit order.
10. An administration fee of R650 must be paid with the 25% deposit.
11. A monthly handling fee of R59 will be charged.
12. No other payment plans will be accepted.
13. Clonard Education reserves the right to perform a credit check with a registered credit bureau on customers requesting payment plans. The information obtained will be kept confidential at all times and used only for the purposes of this agreement. The information will not be disclosed to any other party.
14. By entering into this agreement, you acknowledge that you have given the required consent for Clonard Education to perform a credit check.
15. In the event of non-payment, a request will be made by Clonard Education for the outstanding payment to be made, you will then be given 20 (twenty) business days to settle the outstanding amount, failing which, you may be listed on a credit bureau. Your details will only be removed by the credit bureau with the authorization of Clonard Education.
16. Clonard Education may also elect to instruct a Registered Debt Collections Agency to assist with collecting the outstanding amount. You will be notified prior to Clonard Education handing your matter over to a Collections Agency.
17. Once the matter has been handed over to the Collections Agency, outstanding payments not settled may also be listed on a credit bureau.
18. I/we will be responsible for the prompt payment of installments due as per our agreement with Clonard Education. When in default of paying the installments as agreed upon, the total fees due for the year will become due and payable immediately. Interest at the prescribed rate (20%per annum) can be added to the total amount outstanding from date in Mora. The parent/guardian that defaults will be held liable for all costs and fees incurred during collection on a Attorney to own Client scale, provided for in the Act for Debt Collecting of 1998, specifically tracing costs and any other fees and costs that has already been incurred or will be incurred in future.
19. Should you pay using a cash deposit a 3% charge of your total order will be added in order to cover the bank charge.
H. RETURNS PROCEDURE
1. Products may be returned for a refund within 30 days of receipt of the package. Such refunds, if granted, 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, no refund will be granted and the pack returned; return of the pack to me will be for my account.
I. 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. I undertake to explain them all to the student/s and to ensure compliance by the students with all of the obligations and penalties imposed upon me, particularly as regards copyright, breach and termination.