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Shoden Academy

Terms & Conditions

These Training Course Terms and Conditions ("Terms") apply to enrolment in any courses listed in Shoden Academy (Pty) Ltd.'s (SDA') current Education and Professional Services Catalogue ("Course Catalogue"). "Customer" means the authorised purchasing individual or entity.
PLEASE READ THESE TERMS CAREFULLY. ANY ORDER FOR TRAINING COURSES OR ANY ACT BY CUSTOMER ACCEPTING THE BENEFITS OF THE TRAINING COURSES SHALL BE CONCLUSIVE EVIDENCE OF CUSTOMER'S ACCEPTANCE OF THESE TERMS.

  1. Registration. All registration orders are subject to acceptance by SDA. SDA will not be bound by any terms or conditions of Customer's registration order that are inconsistent with or in addition to these Terms.

  2. Payment. Fees for courses shall be in accordance with the prices listed in the Course Catalogue and in effect on the date of order registration of the course. SDA reserves the right to adjust such fees at anytime without notice. Customer shall pay SDA in full for courses within 14 days of receipt of invoice from SDA, or as otherwise agreed between the parties. A booking for a course is only confirmed on payment in full by the customer. Such payment must be made at least 30 business days before course commencement unless otherwise agreed with the Customer. If any sum payable is not paid by an amended agreed due date, SDA may charge interest on such sum on a day to day basis, such interest to run from the due date to the date of payment (both dates inclusive) at the rate of prime+2% per annum.

  3. Cancellation. Customer may cancel course registration without penalty by notifying SDA, at least one month before the beginning of the course. Cancellation with 20 or less business days' notice will result in Customer paying a cancellation penalty to SDA equal to one hundred percent of the applicable course fee.

  4. Group Discount. In the event that Customer registers more than 10 of its own employees on any course, Customer shall be entitled to a 10% discount on each employee’s full course fee nett of VAT

  5. Work Product. In connection with the performance of a training course, SDA or a contractor may deliver to Customer work product, defined as works of authorship, training manuals, documentation, reports, drawings and similar works ("Work Product"). Customer acknowledges and agrees that SDA, its licensors, or its contractors own all Work Product. All Work Product delivered to Customer pursuant to these Terms shall be and remain the property of SDA or its contractor. SDA grants to Customer a limited, nonexclusive, nontransferable license to use the Work Product for Customer's internal business purposes. Customer shall not reproduce, copy, display, distribute, modify or prepare derivative works of the Work Product.

  6. Warranty. SDA warrants that it will provide training courses in a good and workmanlike manner. WORK PRODUCT IS PROVIDED TO CUSTOMER "voetstoots." ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT ARE DISCLAIMED.

  7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, SDA' OR ITS LICENSORS' AGGREGATE LIABILITY TO CUSTOMER OR TO ANY THIRD PARTY FOR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR A COURSE PROVIDED BY SDA HEREUNDER, WHETHER FOR BREACH OF CONTRACT OR IN DELICT, WILL BE LIMTED TO THE FEES PAID BY CUSTOMER FOR THE COURSE WHICH IS THE SUBJECT MATTER OF THE CLAIM. IN NO EVENT WILL SDA BE LIABLE FOR ANY LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THESE TERMS OR A COURSE PROVIDED BY SDA HOWEVER IT ARISES WHETHER FOR BREACH OF CONTRACT OR IN DELICT, EVEN IF SDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.

  8. Export Compliance. If applicable, Customer agrees to comply strictly with all applicable export control laws and regulations.

  9. Severability, Waiver. If any provision of these Terms is held to be unenforceable, these Terms will remain in full force and effect with the provision omitted. No delay or omission to exercise any right or remedy accruing to SDA upon any breach or default of Customer shall impair that right or remedy, or be construed to be a waiver of any breach or default. A waiver by SDA of any breach or default under these Terms must be in writing and executed by an authorised officer of SDA.

  10. Force Majeure. A party is not liable under these Terms for non-performance caused by events or conditions beyond that party's control. This provision does not relieve Customer of its obligation to fulfil payment obligations.

  11. Assignment/Subcontract. Neither party shall assign or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party (not the be unreasonably withheld), except that SDA may assign its right to payment to an affiliated company. SDA may subcontract its obligations under these Terms.

  12. Rights of Third Parties. Unless otherwise expressly provided, nothing in these Terms confers or purports to confer on any third party any benefit or any right to enforce any provision in these Terms.

  13. Notices. All written notice required by these Terms must be delivered in person or by other means evidenced by a delivery receipt or acknowledgment and will be effective upon receipt.

  14. Entire Agreement. These Terms constitute the parties' entire agreement relating to the subject matter. It supersedes all prior communications between the parties. No modification to these Terms will be binding, unless in writing and signed by an authorised representative of each party.

  15. Dispute Resolution. Any dispute related to these Terms will be governed by South Arican law and the parties hereby submit to the non-exclusive jurisdiction of the Magistrates Court.

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