Code College Terms & Conditions

Training Terms And Conditions

COMPUWAYS / GETCERTIFIED IT TRAINING / CODE COLLEGE (PTY) LTD. TERMS AND CONDITIONS FOR THE PROVISION OF TRAINING
You can download the terms and conditions pdf at the bottom of this page, or request a copy from us via email. 1. DEFINITIONS

• 1.1. “Agreement” means these terms and conditions, the Invoice, the online Registration Form and the Client’s acceptance of these terms and conditions.
• 1.2. “Booking” means the online registration form completed by the Client.
• 1.3. “Compuways” or “GetCertified IT Training” or “Code College” means “Compuways (Pty) Ltd. or Code College (Pty) Ltd., the entity which issued the invoice.
• 1.4. “Charges” means the charges for the training set out in the Online Registration Form or the Invoice.
• 1.5. “The Client” means the client identified in the Online Registration Form – the person who physically attends the training.
• 1.6. “The Sponsor” means the entity that undertakes to settle the account of the Client in part or in full.
• 1.7. “Personal Data” means the data which relates to a natural person who can be identified from that data or from that data and other information and which is provided to Compuways by the Client.
• 1.8. “Invoice” means the Invoice for Training referring to these terms and conditions.
• 1.9. “the Trainer” means the person delivering the training.
• 1.10. “the Location” means the place at which the training is to be provided by Compuways as set out in the Registration Form or the Invoice.
• 1.11. “Training” means the training specified in the Online Registration Form or the Invoice.

2. PRECEDENCE

• 2.1 The terms and conditions contained herein shall take precedence over any other terms and conditions that may have been discussed by the parties.
• 2.2. It is hereby also explicitly stated and guaranteed that both signatory parties hereto have extensively perused the terms of this Agreement and have reconciled themselves with same, thus accepting it as a true reflection of the full meeting of their minds.

3. TRAINING AND LOCATION

• 3. 1. Full-time and Part-time training courses: Our courses are not aligned with the NQF, rather aligned to international certification syllabi as indicated, unless specified as such.
• 3.1. 1. Compuways shall provide the training on the dates set out in the Online Registration Form or the Invoice in accordance with these terms and conditions, and at G19 Pinewood Square, Pinewood Office Park, 33 Riley Road, Woodmead 2191 Gauteng, unless otherwise stipulated, also remotely via webinar if the remote option was chosen.
• 3.1.2. Compuways shall be entitled to notify the Client in writing of a change in Location at any stage prior to the commencement of the training provided that the new location is within 50km of the original location.

4. CANCELLATION AND POSTPONEMENT

• 4.1. Notification of any cancellation or application for postponement must be made in writing with 10 (ten) days notice. The notification must be sent by registered mail to Compuways, Postnet Suite 507, P/Bax X29, Gallo Manor, 2052, South Africa or by fax to 08660-888-22.
• 4.2. Should it become necessary for Compuways to postpone all or any part of a course, due to circumstances beyond its control, then a mutually agreeable date will be chosen on which to complete the course. Compuways will not be liable for any costs incurred by the Client for such actions.

5. CHARGES AND PAYMENT

• 5.1. The Client shall request the training by completing the online Registration Form and / or by starting to attend the course thereby agreeing to these terms and conditions.
• 5.2. Compuways shall at its sole discretion accept or refuse the Client’s request for training.
• 5.3. In the event that Compuways elects to accept the Client’s request for training, Compuways shall notify the Client of its decision to accept by an invoice for the training to be rendered and such acceptance shall result in a binding agreement coming into effect between the parties.
• 5.4. If the Sponsor agrees to make payments on the Client’s behalf, an invoice can be made in the name of the sponsor, but the Client remains the principal debtor should the Sponsor not be able to fulfil his obligations in payment for the account in full.
• 5.5. The Client shall, once the above has taken place, immediately be liable for payment to Compuways
• 5.6. Payments must be made in full to Compuways prior to attending the course.
• 5.7. The Client shall pay the Charges without deduction or set-off.
• 5.8. In the event the Client fails to make payment in accordance with this Agreement,

Compuways may:

• 5.9.1. Charge interest at the default rate as prescribed by the Minister from time to time. For the sake of clarity, it is recorded that the current prescribed rate of interest is 10.25%; and/or
• 5.9.2. Institute legal action for the recovery of all amounts outstanding; and/or
• 5.9.3. By notice in writing suspend the attendance of the training.

6. TRAINING MATERIAL AND EXTERNAL EXAMS

• 6.1. Training material is not included in the course price unless specified as such.
• 6.2. You are thus required to bring your own laptop along to the training courses.
• 6.3. If you are not in possession of a laptop, you are required to inform Compuways, in writing, 7 days prior to attendance in order for Compuways to make provision for you.
• 6.4. If we are asked to book an external exam on behalf of a student, the terms of the external exam provider applies - the exam expiration date is calculated as 6 months from the date of receiving the payment for it

7. LIMITATION OF LIABILITY

• 7.1. The Client understands and accepts that Compuways consistently develops its training courses in line with current development and evolving best practices.

Compuways reserves the right to make changes to the published and/or advertisedcourse content without prior notice to the Client.

8. ADVERTISING

• 8.1. Compuways shall be entitled to make reference to a Client’s contract to further Clients, provided only fundamental facts are divulged and not proprietary and/or confidential information.
• 8.2. Compuways may store the names of Clients for the purpose of advising them of the availability of further courses in the future.

9. CONFIDENTIALITY

The parties shall treat as and keep confidential all information whether of a technical, commercial or any other nature relating to the other party and shall not, during the period of this Agreement, or at any time after its termination, divulge any such information to any person not authorised by the divulging party to receive it.

10. WARRANTY

Compuways warrants that in carrying out the training it has and will exercise all reasonable skill and care to be expected of a professional, experienced in such training.

11. TERMINATION

Either party may terminate this Agreement if the other party fails to remedy a material breach of this Agreement within 7 (seven) days of receipt of written notice identifying the breach and notifying of an intention to terminate.

12. ASSIGNMENT AND NON-SOLICITATION

This Agreement is personal to the Client and may not be assigned by the Client in whole or in part.

13. FORCE MAJEURE

• 13.1. Neither party shall be responsible for any failure or delay in performance of its obligations under this Agreement (other than the obligation to make payments of money) due to any force majeure event including, Act of God, fire, explosion, embargo, terrorism, civil disturbance, accident, epidemics, lightning damage, electromagnetic interference, radio interference, strikes, industrial dispute, or any other cause beyond its reasonable control.
• 13.2. In the unlikely event of the above, Compuways will endeavour to reschedule the course at a mutually convenient date and Compuways will not be liable for any loss or expenses caused to the Client.

14. DOMICILIUM

• 14.1. The Client designates the address furnished by it in the Online Registration Form as its domicilium citandi et executandi (“domicilium”) for any notice/s, the serving of any process and for any other purposes arising from this Agreement.
• 14.2. Compuways designates the address in Clause 3.1 hereof as its domicilium citandi et executandi (“domicilium”) for any notice/s, the serving of any process and for any other purposes arising from this Agreement.

15. COSTS

• 15.1. In the event of either party breaching any obligation under this agreement and the aggrieved party deeming it necessary to engage the services of a registered debt collector to recover any payments which may be due or payable, the infringing party shall be liable for:
• 15.1.1. Tracing agent fees (if required);
• 15.1.2. Fees, disbursements and expenses to which the debt collector is entitled in terms of the Debt Collectors Act;
• 15.1.3. Collection Commission in the amount of 10% on each instalment paid to the debt collector or paid directly to the aggrieved party following handover of the matter to the debt collector, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount.
• 15.2. In the event of either party breaching any obligation under this agreement and the aggrieved party deeming it necessary to engage the services of an attorney to enforce his/her rights (including the right to receive payment), the infringing party shall be liable for:
• 15.2.1. Tracing agent fees (if required);
• 15.2.2. The attorney’s costs on an attorney and own client scale;
• 15.2.3. Collection Commission in the amount of 10% on each installment paid to the attorney or paid directly to the aggrieved party following handover of the matter to the attorney, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount.
• 15.3. It is specifically agreed that should Compuways deem it necessary to engage the services of a debt collector or an attorney, the Client shall be liable for an administration fee in the amount of R300.00.
• 15.4. The aggrieved party’s attorney or debt collector (as the case may be) shall, on receiving a payment from the infringing party, have the right to allocate such payment firstly towards disbursements incurred by the attorney or debt collector, secondly towards fees to which the attorney or debt collector is legally entitled, thirdly towards interest due to the aggrieved party and finally towards the capital amount due to the aggrieved party.

16. ENTIRE AGREEMENT

• 16.1. This Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes all previous arrangements, agreements and representations whether written, oral or implied between the Client and Compuways relating to the Services.
• 16.2. Any amendments to this Agreement shall be in writing and signed by both parties.

17. GOVERNING LAW AND JURISDICTION

• 17.1. The Parties agree that the validity and interpretation of this Agreement will be governed by the laws of the Republic of South Africa.
• 17.2. The parties agree to the jurisdiction of the Magistrate’s Court in relation to any legal proceedings which may result from the Agreement, provided that Compuways is entitled in its discretion to institute any such legal proceedings in any other competent court.

By enrolling in any one of our courses, you are accepting the above terms and conditions.