Terms & Conditions

1. INTERPRETATION AND DEFINITIONS

1.1. In our Agreements:-

clause headings are for the purposes of convenience and reference only and shall not be used in the interpretation of the VTC Agreement, nor to modify nor amplify any of its provisions;

1.1.1 The Parties shall , whenever necessary or appropriate , be referred to by their defined designations:

1.1.2 A reference to:-

1.1.3.1. The singular include the plural and vice versa

1.1.3.2. A natural person shall include a juristic person (whether a corporate or unincorporated created entity) and vice versa

1.1.4. All of the annexes hereto are incorporated herein and shall have the same force and effect as if they were set out in the body of the Agreement and Terms & Conditions;

1.1.5. Words and/or expressions defined in the agreement and Terms & Conditions shall bear the same meanings in any annexes hereto, which do not contain their own defined words and/or expressions;

1.1.6. Where a period consisting of a number of days is prescribed, it shall be determined by excluding the first and including the last day.

1.1.7. Where the upon or by which any act is required to be performed is a Saturday, Sunday or public holiday, the Parties shall be deemed to have intended such act to be performed upon or by the first day thereafter, which is not a Saturday, Sunday, or Public holidays;

1.1.8. Where an expression has been defined and such definition contains a provision conferring a right or imposing an obligation on any Party, then notwithstanding that it is contained only in a definition, effect shall be given to that provision as if it were a substantive provision contained in the body of this Agreement;

1.1.9. If figures are referred to in numerals and words, the words shall prevail in the event of any conflict between the two;

1.1.10 Words and/or expressions defined in any particular clause in the body of the Agreement and Terms & Conditions shall, unless the application of such word and/or expression is specifically limited to that clause , bear the meaning so assigned to it throughout the Agreement;

1.1.11. The contra proferentem rule shall not apply and accordingly, none of the provisions hereof shall be construed against or interpreted to the disadvantage of the Party responsible for the drafting or preparation of such provision;

1.1.12 The eiusdem generis rule shall not apply and accordingly , whenever a provision is followed by the word "including" and specific example , such example shall not be construed so as to limit the ambit of the provision concerned;

1.1.13. The expiration or termination of the Agreement shall not affect such of its provisions as expressly, provided that they will continue to apply after such expiration or termination or which of necessity must continue to apply after such expiration or termination;

1.2. In the Agreement , unless the context indicates a contrary intention , the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings;

1.2.1. "THIS AGREEMENT"- means collectively, this agreement and the annexes hereto;

1.2.2. " CONSUMER" – shall be so defined as per the Consumer Protection Act shall include, but is not limited to the student/Payer/surety/guarantor and /or third party/sponsor;

1.2.3. Afrisay VTC a company incorporated in accordance with the laws of the Republic of Namibia , Registration Number: 2016/1452

1.2.4. "FORCE MAJEURE" – means in relation to either Party , any circumstances beyond the reasonable control of that Party(including , without limitation, any strike ,lockout or other form of industrial action);

1.2.5. " PARTIES" – means collectively , the student/payer/consumer and Afrisay and Party shall mean either one of them as the context requires;

1.2.6. " PORTFOLIO OF EVIDENCE" – means the portfolio containing the students examinations, assessments and tests;

1.2.7. " SIGNATURE DATE" – means the date upon which the Party signing last in time signs the Agreement.

2. ENROLMENT

2.1 The student/consumer acknowledges that the agreement shall only come into force once the enrolment form is duly completed , the correct documentation is attached and an invoice is issued to the student upon payment of the required application fee and minimum required non-refundable registration fee. The student shall be provided with a copy of

his/her enrolment contract reflecting the student number, which the student acknowledges as evidences of his/her enrolment with Afrisay VTC.

2.2. Notwithstanding anything contained herein and more especially Clause 2.1, the agreement shall come into effect immediately upon payment of the registration fee. A student's registration is only effective upon submission of all requisite documents as per Clause 3.

2.3. Enrolment and/or registration of a programmer shall be for the duration of the year of the programmer for which then student has registered.

2. ACCOMPANYING DOCUMENTS

The following material must accompany the application , namely:

3.1. The original and certified copy (no older than six months) of the front page of student's valid identity book ( if a Namibian citizen);

3.2. Certified copies of student's study permit in the name of the institution at which he/she is studying and front page of valid passport (If not a Namibian citizen). The passport must be valid for a minimum period 12 (twelve) months from date of registration;

3.3. Where applicable , original and certified copies of Matriculation (Grade 12) Certificate or equivalent , or symbols, or School leaver's

Certificate. if the student is awaiting matriculation results , these must be furnished as soon as they become available ; and in any event prior to commencement of the programme registered for;

3.4 Original and certified copies of Academic Record and Certificate of Good Conduct should the student be transferring from another Tertiary education institution or examining body to Afrisay VTC.

3.5 If a payment option other than full settlement is selected , the student/company/guarantor/surety must submit;

3.5.1. Proof of income, being in respect of permanently employed person;

3.5.2. The original and certified copies of the 3 (three) most recent salary advice or 3 (three) month's bank statement for self employed persons;

3.5.3. Proof of residence eg. Utilities bills.

4. PAYMENT/ CREDIT VETTING.

4.1 By his/her/their signature hereto the student /account payer/sponsor/third party/surety and /or guarantor hereto authorize Afrisay VTC to require from the employers of the person responsible for payment and including the employers of the student/payer/sponsor/third party and /or surety, the complete details of the salary of such person including the date on which the salary is paid and the amount thereof.

4.2. Any amounts that are due under and/or in terms hereof shall be deducted on the salary date of the person who is responsible for payment. If a payment fails via a Debit order, a R200.00 ( two hundred rand) administration fee will be charged to the account of the student/consumer in addition to the fee charged by the banks in respect thereof.

4.3. Should for any reason whatsoever a debit order be returned unpaid, then the person responsible for such payment hereby irrevocably authorize Afrisay VTC to debit his/her account with the amount due on any date as Afrisay VTC may choose and/or to double debit his/her account and/or include such other charges as may be applicable with the amounts due at the next salary date or such other date as may be chosen by Afrisay in terms hereof.

4.4. By his/her/their signature hereto the student/account payer/sponsor/third party/surety and/or guarantor hereto hereby consent to Afrisay VTC registering and obtaining credit bureau reports from time to time through any credit bureau or similar Institution in order to ascertain the personal circumstances, credit history and credit worthiness and to study details of defaults of the signatories/payer/third party hereto.

4.5. By his/her signature hereto the persons responsible or standing surety for the payment of fees and/or any amounts due under and/or in terms hereof/hereby irrevocably authorize Afrisay VTC to perform such credit checks as it may in its sole discretion determine with any recognized credit bureau or the like.

5. TRANSFER PROCEDURE

5.1 Transfer from One Afrisay VTC Campus to Another

5.1.1. All tuition will be conducted at the preferred campus indicated on the face of the agreement, unless Afrisay VTC informs the student/consumer otherwise.

5.1.2. A student/consumer is entitled under certain circumstances to transfer his tuition to another Afrisay VTC. The consent to transfer shall be in the sole discretion of Afrisay VTC.

5.2. Transfers from One Afrisay VTC Programme to Another.

5.2.1. A full 'Transfer Policy' document will be made available to the student on request and forms part of his contract of enrolment once completed.

5.3. Full-time/Part-time Students

5.3.1. A student who wishes to transfer his/her enrolment from one Afrisay VTC programme to another, at the same campus and in the same academic year and/or quarter ( whichever is applicable ), may apply for permission to do so from Afrisay VTC within the first month of the current programme as well as the new programme to which he/she intends transferring.

5.3.2. Where the fees in respect of the programmes differ, the transfer shall be subject to a new credit application by the student and Afrisay VTC approval of the credit application and the transfer. In all such cases, the fee payable will be that of the programme carrying the higher fee, even if that happens to be the programme from which he/she is transferring.

In addition to the higher tuition fee, the student will be charged the value of the notes/books for the programme from which he/she or the student, as the case may be is transferring, as well as those required for the programme to which He/she is transferring too.

5.3.3. In the case of a student transferring from any full-time computer programme to another, the consumer will additionally be charged a default administration fee in respect of computer and software costs.

5.3.4. A transfer is subject to there being space in the said programme chosen to accommodate the student in addition to the student qualifying for such programme chosen.

6. DEFERRAL OF PROGRAMMES

6.1. All students wishing to defer their studies, or part thereof, may make an application in writing to Afrisay VTC within 14 (fourteen) days of the start of the programme where upon flexible study options may be considered at the sole discretion of Afrisay VTC. A deferral charge of 30% ( thirty percent) of the original cost of the programme to be deferred will be levied against the student as precondition of Afrisay VTC approving the application for the deferral. a full 'deferral Policy' document will be made available to the student and is also available at Afrisay VTC and forms part of this contract of enrolment once completed.

6.2. The student is only permitted to defer their studies for the period from date of deferral until the commencement of the next semester in which the programme will be taught and only up to a maximum period of 1 (one) year.

6.3. The student shall forfeit any fees paid to the campus in respect of any application to defer subsequent to the period stipulated above.

7. CANCELLATION

7.1. If the student registered in an academic year wishes to cancel their enrolment for that year, the following conditions shall apply:

(A) One-Year Programmes and Other Programmes

7.2. A student may cancel his/her enrolment for the current academic year of study as a whole by completing the cancellation form together with the necessary supporting documents.

(B) Full-time and Part-time Studies

7.3. Complete a cancellation form and return this together with the necessary supporting documents.

7.4. The student shall be exonerated from liability for the tuition fees ( but excluding the registration fee and the cost of notes/books,

Both of which remain payable and default administration charges which Afrisay VTC will be entitled to levy) provided that Afrisay is informed in writing no later than 4 (four) weeks (full time) and 2 (two) weeks (part time) prior to the commencement of the academic year/programme in question.

7.5. The student must have received confirmation of receipt of such cancellation from Afrisay VTC. It is the sole responsibility of the student to ensure that he/she has received such confirmation from Afrisay VTC.

7.6. Should the student wish to cancel such registration and such cancellation is after the 4 (four) week (full-time), 2(two) week ( part-time) notice period required in terms of this contract then the student shall be liable to pay the reasonable cancellation costs that Afrisay VTC has determined to be reasonable, which is agreed by the student to be 80% (eighty percent) of

the annual fees charged, and which the student hereby agrees to, by his/her signature hereto.

7.7. However, at the discretion of Afrisay VTC, and subject to the Parties reaching agreement on the relevant Terms and Conditions ,

Full tuition value may be given instead in respect of registration for a programme offered by the campus, within the same year, to the student or (at the election of the student) to a member of his/her immediate family.

7.8. Once a student has commenced attending lectures the student may not cancel this agreement except as provided for herein.

7.9. Any student shall only be entitled to cancel under this clause up until 14 (fourteen) days after the release of their results (save for exceptions made at the sole discretion of Afrisay VTC), where after any cancellation will not result in any reduction of the fees payable for the entire programme. All cancellations are subject to approval by the Afrisay VTC Cancellation Committee and on such Terms and Conditions as it may determine.

7.10. All part-time students are not allowed to cancel any programme after commencement and there will be no refund after the notice period stated above.

7.11. Refund, if applicable, will take a minimum of 90 (ninety) days to be paid, from date of approval by the Afrisay VTC Cancellation Committee.

8. GENERAL

8.1. The student shall not, by reason of his/her failure to attend lectures, be entitled to a reduction in fees , nor will it absolve the students from full liability for the payment of the full fees and other charges.

8.2. The full fee is payable after 1 (one) non-payment of debit order.

8.3. Should any payment not be made for a period of 1 (one) month then the student and/or the person responsible for payment hereby agree and acknowledge that such student will be barred for attending campus and/or receiving any acceptable to Afrisay VTC .

Afrisay VTC reserves the right to exclude a student more than once from its campus.

8.4. No consensual or other cancellation of this contract shall be of any force or effect without the written confirmation from an authorized official of Afrisay VTC. For purposes of this clause, written confirmation shall include electronic mail confirmation.

8.5. The student is hereby informed that no verbal agreement by any person shall be of force and effect unless the student has such cancellation confirmed in writing from the Afrisay VTC Cancellation Committee. The student by his/her signature hereto is made aware of the provisions of this clause and hereby acknowledges acceptance thereof.

8.6. No person shall be entitled to claim a refund in the event that a programme had commenced and has been effective for more than a period of 2 (two) weeks. This shall be in the sole discretion of Afrisay VTC and be awarded in appropriate circumstances, but will still

be subject to the cancellation policy.

8.7. The right to attend lectures and write exams is not transferable. Accordingly, the student shall attend all lectures in person and shall be the only person entitled to write examinations in respect of the subjects forming part of the Afrisay VTC programme for which the

student has enrolled. Any attendance registers must be signed by the student himself/herself and under no circumstances will any other person be authorized to sign attendance for a student. Under no circumstances will ANY STUDENT be permitted to write

exams if any amount is outstanding and the full fees and other amount due under this contract are not paid in full prior to such exam.

8.8. The student accepts that Afrisay VTC shall have the right to vary the programme syllabus at any time, without prior notification and without furnishing reasons therefor. Afrisay VTC shall further have the right to alter timetables and programme commencement dates at its own discretion.

8.9. The student hereby acknowledges and accepts that Afrisay VTC shall have the right at all times to vary the Terms and Conditions hereof. Afrisay VTC shall post such alterations and/or additions and/or variations on its website or in such other medium as it deems fit as soon as is practical in the circumstances. The student's attention is drawn to the provisions hereof

and the student undertakes to visit such website regularly to ensure that the student is fully informed of such.

8.10. Afrisay VTC shall have the right in its sole discretion, to postpone or cancel tuition in any programme initially advertised and offered, on the basis of insufficient demand. Afrisay VTC shall be entitled to combine classes of a similar academic level and content.

8.11. The registration fee paid in terms hereof is non-refundable. Should a student fail his/her matric or equivalent examination and is no longer eligible for registration in the elected programme. Afrisay VTC shall at its own discretion offer to the student an alternative, if

the student qualifies for any alternative. The registration fee in such instances remains non-refundable.

8.12. Afrisay VTC will be entitled to create and apply rules (including due performance requirements) and the students hereby agrees to be bound by such rules. Afrisay shall be entitled to exclude the student from lectures and examinations (without in any way

detracting from the right of Afrisay VTC to recover fees payable), and to withhold a student's results (or the student's examination results) should the student or consumer, as the case may be, fail to comply with any of the terms of this agreement and/or the student code of conduct.

8.13. The students shall be liable for all costs incurred by Afrisay VTC, including, but not limited to legal fees on an attorney client scale, collection charges and tracing charges in enforcing the obligations of the student under this agreement.

8.14. The fees and other charges reflected on the invoice do not include external institute membership fees, external VTC fees, ANY examinations fees, notes, books, stationery or other items, which shall be for the account of the student.

8.15. The student (where the payer/guarantor is not also the student) is responsible for ensuring that he/she has been properly registered with any relevant external institute or examining body, where applicable , and that he/she or the student must ensure that written confirmation of being registered for examinations is received from such relevant institute or body and that all relevant fees to such body have been paid by the student/payer/guarantor.

8.16. In the case of a Force Majeure such as war, strike, riot, crime, pandemic act of God (e.g., earthquake, volcano), Afrisay VTC will be entitled to suspend lectures and/or temporarily close any campuses affected thereby. The student shall not by reason of such suspension or closure be entitled to terminate this agreement or claim a refund of fees paid or a reduction on fees payable or any compensation from Afrisay VTC in whatsoever manner or form.

8.17. No relaxation, waiver variation and/or indulgence granted by Afrisay VTC to the student shall constitute a waiver of any rights vesting in Afrisay VTC in terms hereof, and no reliance may be placed by the customer or signatory hereto or any statement or representation (whether oral, tacit or otherwise) not otherwise) not contained herein. Neither shall such indulgence, waiver and /or relaxation granted operate as an estoppel against Afrisay VTC.

8.18. All correspondence assessments, assignments and/or any other submissions must be by way of registered mail, email , upload on student portal or by hand delivery or as specified to Afrisay VTC premises. It is the responsibility of the student to ensure that he/she obtains

confirmation in writing from Afrisay VTC on receipt of any documentation.

8.19. In the event of the signatories to this agreement, having completed this form incorrectly and/or having signed an incorrect completed form, or the payment details herein not being in accordance with the requirements of Afrisay VTC, Afrisay VTC shall be entitled to reject the student's application and/or to require the student to complete a new application in its sole discretion. Afrisay VTC may not be held responsible for such errors or the consequences thereof and may in its sole discretion agree to abide by or reflect such application. The student agrees to be bound by such application.

8.20. The student accepts, that as part of the assessment of the programme , the student must fulfill certain academic requirements, which may include ( but are not limited to ) the completion and/or sign-off of a Portfolio of Evidence (PoE) or other forms of assessments.

8.21. The student agrees and acknowledges that in certain circumstances, external bodies are responsible for the verification and award of a qualification. In such circumstances Afrisay VTC shall not be held responsible and/or liable for any delays occasioned by the

verification process of the awarding/external body.

8.22. The student acknowledges and agrees that the sole responsibility of the submission of the PoE shall be that of the student and that Afrisay VTC accepts no responsibility for the submission thereof. The student must be able to prove that he/she has submitted a PoE by way of written confirmation from Afrisay VTC/ The external body and in addition the student MUST keep a certified copy of the submitted PoE stamped or signed by Afrisay in the event of the PoE having being lost or destroyed, making it necessary to be resubmitted. Afrisay VTC shall not be held liable for any damages arising from any circumstances in any manner and/or form.

8.23. Where programmes are subject to external verification and certification, Afrisay VTC result sheet shall not be valid and may be used as proof of having passed such a programme and/or qualification.

8.24. Students will not be allowed on campus if their account is in arrears. Afrisay VTC will not issue any student with a certificate/diploma/award if any outstanding amount is not paid by the student. The students by their signature hereto, hereby specifically agrees to the same.

8.25. Students will further not be permitted to attend any graduation ceremony and shall not be issued with their award in the event that their fees remain outstanding.

9. PLAGIARISM

9.1. The student understands that submission of any academic work should be the intellectual work of the student. Should submission of any academic work and technical work pieces not be that of the student, it will constitute fraud, which may result in the expulsion

of the student.

10. PROMOTIONAL ITEMS

10.1. Any student who receives a promotional item as a result of this enrolment contract, hereby acknowledges that Afrisay VTC is not responsible for any repairs, service issues, warranties or performance in relation thereto. These must be referred to the promotional item manufacturer, service provider, network or agent(s) thereof, as the case may be , as well the Terms and Conditions on the Afrisay VTC website.

11. LEGAL DECLARATION AND INDEMNITY

11.1. Neither Afrisay VTC nor any official employee or representative of Afrisay VTC acting in his/her capacity as such shall be liable for any damages arising out of:

11.1.1. The death, bodily harm, loss of health or illness of any customer caused; and

11.1.2. The destruction of and/or damage and /or loss and/or theft of any property owned by or in the custody of any customer howsoever caused.

11.2 The student/parents/associates/payer/guarantor hereby indemnifies Afrisay VTC against any claim made (whether for damages, costs or otherwise ) against Afrisay VTC in respect of any action and/or omission of the student and/or the consumer (where the consumer is not also the student).

11.3. The student by his/her signature hereto hereby confirms that he/she is fully aware of the type of programme enrolled for and that he/she has fully understood the programme/award/qualification and/or credits awarded in respect of the programme that

He/she register for the programme that he/she wants to register for and that no representations have been made other than those contained in the official prospectus.

11.4. The student hereby indemnifies Afrisay VTC against any claim arising from any circumstances in whatsoever manner and/or from. The student is further aware of the fact sheet in respect of the programme enrolled and confirms that it accurately reflects the qualification to be conferred and the type of programme registered for.

11.5. By their signature hereto and on the fact sheet, the student irrevocably indemnifies Afrisay VTC against any claim and he/she shall remain bound by the representation contained in such fact sheet. The student is obliged to keep updated on programme outcomes and qualifications at all times.

12. PROTECTION OF PERSONAL INFORMATION

12.1. The Parties acknowledge their respective obligations to comply with the substantive provisions of the Protection of Personal Information Act 13 of the constitution of Namibia. (Hereinafter referred to as 'POPI').

12.2. The personal information received shall not be further processed or disclosed without the consent of the disclosing party.

12.3. The student hereby authorizes Afrisay VTC or any other authorized member of the management team to use, review and process any personal information provided to Afrisay VTC and to use same in the manner that Afrisay VTC sees fit.

12.4. The persons signing the agreement 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, and hereby give their consent to Afrisay VTC to collect, process and distribute relevant personal information where Afrisay VTC is legally required, and/or obliged to do so. They also consent to any third party service providers to have access to their personal information and consent to Afrisay VTC sharing same.

12.5. The persons signing the agreement confirm and acknowledge that they are aware that they have provided personal information which may be transmitted to persons, companies, subsidiaries, affiliates and third parties outside of the borders of Namibia and hereby consent in terms Of section 12.1 of (POPI?) to such transmission and use by Afrisay VTC.

12.6. The student hereby consents to Afrisay VTC obtaining , using and disclosing his/her personal information, when necessary, as follows:

(a) To provide the materials to the student and otherwise perform our obligations and enforce our rights under this

Agreement;

(b) To use the information provided to inform the student about Afrisay VTC other programmes, products or services that may be of interest to him/her;

(c) To share the students information with companies in our group, (associated companies and third parties) to enable them to, inform the student of other products or services that may be of interest to him/her; and

(d) To hand over to attorneys and debt collection agencies, if the student/payer is in breach of this agreement.

13. DOMICILIUM CITANDI ET EXECUTANDI

13.1. The student/payer and/or the third party choose the address as disclosed on the face of this agreement as your , the payer's and/or the third party's domicilium citandi et executandi for all pursoses arising from this agreement including, but not limited to service of notices, delivery of programme materials and/ or legal processes.

13.2. Afrisay VTC chooses as its domicilium citandi et executandi for the purposes of service of all legal notices and processes the address of.

14. BREACH AND TERMINATION

14.1. In the event of either of the student/payer committing a material breach of any of the terms of the Agreement and failing to remedy such breach within a period of 7 (seven) business days after receipt of a written notice from Afrisay VTC calling upon the defaulting party to remedy the breach complained of then:

14.1.1. Afrisay VTC shall be entitled at its sole discretion without prejudice to any of its other rights in law, either:

14.1.1.1. to claim specific performance of the terms of the Agreement; and/or

14.1.1.2. to cancel the Agreement forthwith; and/or

14.1.1.3. claim and recover damages from the student/payer.

15. RULES AND REGULATIONS

15.1. The student/consumer by his/her signature hereto acknowledges that he/she has read and agrees to abide by all the rules and regulations of any campus that he/she can be disciplined in terms thereof.

15.2. The student/payer further acknowledges that right of admission to any Afrisay VTC is strictly reserved and Afrisay VTC may, at its own discretion refuse admittance to any student.

15.3. The student agrees and acknowledges that he/she shall be subject to Afrisay VTC disciplinary code for a breach of any of Terms and Conditions herein and/or the Rules and Regulations as established by Afrisay VTC.

16. ENTIRE CONTRACT

16.1. The Terms and Conditions contained herein as well as the terms contained shall be the entire contract between the student/payer/parents/guarantor/guardian/3rd party and Afrisay VTC.