Refund / Cancellation policy And Terms and Conditions

PURPOSE

The purpose of this policy is to establish clear guidelines in the event of cancellation of registration and courses before the end of the training programme. This policy outlines the terms and conditions and approval processes that must be followed.

CONSUMER PROTECTION ACT (CPA)

The Consumer Protection Act (CPA68 of 2008) sets out specific terms and conditions relating to deposits, cancellation of registration and refunds which apply to all higher education institutions. Teachers Learning Centre's policies and procedures comply with the requirements of the CPA. According to the CPA, the term "service" means lectures, tutoring, mentoring, and "goods" mean study material, textbooks, notes, software, information on CDs, DVDs, videos, Artificial intelligence (AI) games and workouts, etc supplied by NPI SHUTTLEWORTH ACADEMY to the student. In the context of education, the consumer according to CPA refers to a student who is enrolled for formal and non formal qualifications with the higher education institution and with whom the institution has a contractual relationship. The CPA does not apply in the following circumstances: · where goods or services are promoted or supplied to the State (government is not a consumer for the purposes of the CPA); · where goods or services are provided at no cost and to a limited extent when a prize is awarded by way of a promotional competition; and · where services are rendered in terms of an employment contract.

3. TERMS AND CONDITIONS

3.1 The student enters into a contractual relationship upon acceptance of all the terms and conditions in the Agreement.

3.2 The student is legally bound to the Agreement. It does not matter if the payment of fees is paid by someone other than the student (e.g. a parent, guardian, sponsor/funder or any other third party), the contract is with the student who will be the beneficiary of the training services and material.

3.3 The right to tuition is not transferable.

3.4 Students will be charged a 'change of course fee' of 5% of the new course fee should they wish to transfer from one class to another, or from one mode of delivery to another e.g. from contact to distance learning.

3.5 Transferring from one class to another or from one mode of delivery to another will be dealt with on an individual basis and will be subject to the approval of Senior Management.

3.6 Students are responsible for ensuring that they are registered for the correct course and that they adhere to the latest and correct entrance criteria. NPI SHUTTLEWORTH ACADEMY will not accept students who do not adhere to the entrance requirements for the courses they registered for. NPI SHUTTLEWORTH ACADEMY will cancel the registration of students who registered without adhering to the entrance criteria for their chosen courses.

3.7 Where an outside funder sponsors the students' course (e.g. a learnership), it is the funders' responsibility to ensure that the students fulfil the entrance criteria. Should NPI SHUTTLEWORTH ACADEMY be required to cancel the students' registration because they are not eligible for the course, the funder will be responsible for any cancellation fees.

4. CANCELLATIONS

4.1 Cancellation of Registration

4.1.1 Students remain liable for any amounts owed to NPI SHUTTLEWORTH ACADEMY as at the date of written notice of cancellation.

4.1.2 Students have the right to cancel any advanced registrations and can claim a refund; however, NPI SHUTTLEWORTH ACADEMY may impose a reasonable charge for such cancellation but may not withhold the entire amount paid.

4.1.3 A cancellation fee may not be charged where the student is unable to commence his or her studies due to the death or hospitalisation of the student. Similarly, no cancellation fee may be charged to a third party who is unable to honour the registration due to the death or hospitalisation of the student.

4.1.4 A reasonable cancellation charge is determined according to the circumstances of each case and is based on the training already delivered to the student at the time of cancellation, and the notice period given by the student.

4.1.5 A sliding scale of charges for cancellation can be used to determine the amount to be charged based on the circumstances of the cancellation. For example, a student who cancels the registration three months prior to commencement will be charged less than a student who cancels one week prior to the commencement of studies.

4.2 Cancellation of contact studies before completion

4.2.1 In the event that students cancel their studies before completion, NPI SHUTTLEWORTH ACADEMY will be entitled to claim payment for all training delivered until the date of written notice of cancellation.

4.2.2 If students have paid their total fees in advance, but cancels their studies prior to completing the academic year, NPI SHUTTLEWORTH ACADEMY may charge the student for all training delivered until the date of cancellation and must refund the student the remainder of the fees paid in advance, however NPI SHUTTLEWORTH ACADEMY will also charge a cancellation fee.

4.2.3 A sliding scale can be used according to the period of cancellation, subject to what is reasonable in the circumstances. Cancellation Notification Cancellation Refund Contact Mode of Delivery Within 30 days of registration but before 6 months from date of registration.

If course is fully paid upfront with discount, refund will be full course fee less

· cancellation fee of 10% of full course fee; · cost of any study material already provided, · cost of any tuition already provided, · cost of any assessment/moderation fee.

If the student pays course fees on a monthly basis, there will be no refund and the student will be liable for:

· any outstanding monthly payments; · cancellation fee of 10% of full course fee; · cost of any study material already provided, · cost of any assessment/moderation fee.

Contact Mode of Delivery

Between 6 months and 12 months from date of registration If course is fully paid up front with discount, refund will be full course fee less: · cancellation fee of 20% of full course fee,

· cost of any study material already provided, · cost of any tuition already provided, · cost of any assessment and moderation fee.

If the student pays course fees on a monthly basis, there will be no refund and the student will be liable for: · any outstanding monthly payments; · cancellation fee of 20% of full course fee; · cost of any study material already provided, · cost of any assessment/moderation fee

Contact Mode of Delivery Within 3 months of completion of the course

If course is fully paid up front with discount, the student is not entitled to any refund and is able liable for a cancellation fee of 20% of full course fee.  If the student pays course fees on a monthly basis, there will be no refund and the student will be liable for: · any outstanding monthly payments; · cancellation fee of 20% of full course fee; · cost of any study material already provided, · cost of any assessment/moderation fee.

4.3 Cancellation of Distance Learning studies before completion

4.3.1 Cancellation of Distance Learning programmes or courses will follow the same procedure as for the contact mode of delivery.

4.3.2 Since the payment method is per unit standard or per module, the sliding slide is as follows:

Cancellation Notification Cancellation Refund Distance Learning Within 30 days of registration but before 6 months from date of registration

If course is fully paid upfront with discount, refund will be full course fee less · cancellation fee of 10% of full course fee; · cost of any study material already provided, · cost of any assessment/moderation fee.

If the student pays course fees per unit standard, the student will be liable for: · any outstanding payments on unit standard (completed or part thereof), · cancellation fee of 10% of full course fee; · cost of any study material already provided (e.g. via postal service or courier), and · cost of any assessment/moderation fee. If the student pays course fees per module with a 10% discount, the student will be liable for: · any outstanding payments on the module (completed or part thereof), · cancellation fee of 10% of full course fee; · cost of any study material already provided, (e.g. via postal service or courier), · cost of any assessment/moderation fee.

Distance Learning After 6 months from the date of registration

If course is fully paid up front with discount, refund will be full course fee less · cancellation fee of 20% of full course fee, · cost of any study material already provided; · cost of any assessment and moderation fee.

If the student pays course fees per unit standard, the student will be liable for: · any outstanding payments for the unit standard (completed or part thereof), · cancellation fee of 20% of full course fee; · cost of any study material already provided(e.g. via postal service or courier), · cost of any assessment/moderation fee.

If the student pays course fees per module with a 10% discount, the student will be liable for: · any outstanding payments on the module (completed or part thereof), · cancellation fee of 20% of full course fee; · cost of any study material already provided, (e.g. via postal service or courier), · cost of any assessment/moderation fee.

4.4 Cancellation due to unforeseen circumstances

4.4.1 NPI SHUTTLEWORTH ACADEMY may not accept any payment from students when it is unable to provide the training programme due to insufficient numbers, change of programme or training venue.

4.4.2 If NPI SHUTTLEWORTH ACADEMY accepts such payment and then is unable to provide the training to the student, NPI SHUTTLEWORTH ACADEMY must refund the students the amount paid, plus interest at the prescribed rate from the date the student made payment to the date the student is reimbursed. The student may also be compensated for direct incidental costs if the circumstances leading to the cancellation of training was within the control of NPI SHUTTLEWORTH ACADEMY, and NPI SHUTTLEWORTH ACADEMY failed to take adequate steps to notify the student in advance.

4.5 Student's Registration cancelled by NPI SHUTTLEWORTH ACADEMY

4.5.1 NPI SHUTTLEWORTH ACADEMY reserves the right to cancel a student's registration due to any infringement or disregard of the organisation's rules and regulations as stipulated in the Student Code of Conduct.

4.5.2 Students who are on monthly payment plans will not and cannot claim any refund if NPI SHUTTLEWORTH ACADEMY cancels their registrations, since the monthly payments are for the availability and/or delivery of study material and tuition up to the end of the current month for which the student has paid.

4.5.3 If NPI SHUTTLEWORTH ACADEMY chooses to cancel the registration of a student who has paid for the programme in advance, such a student is not entitled to a refund.

4.6 Registration cancelled by the student

4.6.1 In the event of any student cancelling his/her studies for any reason whatsoever, this does not absolve the student from full liability for the payment of fees and any other charges, and shall be dealt with in accordance to the cancellation and refund policy.

4.6.2 The student's failure to make progress with his/her studies, or to complete a course for whatever reason, shall in no ways entitle him/her to a reduction in fees, a refund on fees paid in advance nor will it absolve him/her from full liability for outstanding payment of fees and other charges.

4.6.3 Students requesting cancellation are required to complete a Cancellation of Registration form and indicate one or more relevant grounds for cancellation.

4.6.4 After the student's account has been validated, the grounds for cancellation will be considered by Senior Management and submitted to the Directors for final approval.

5. GLOSSARY OF TERMS

The following terms apply to this Cancellation and Refund Policy:

Agreement: Means these terms of registration, the completed registration form, financial agreement, and the policies and procedures.

Commencement Date: Means the date of the student's enrolment with NPI SHUTTLEWORTH ACADEMY

ABET: Means Adult Basic Education and Training as determined by the National Qualifications Authority

Accreditation Body: Means the South African National Accreditation System or any other entity appointed by the Minister from time to time to:

1. accredit verification agencies; and
2. develop, maintain and enforce the verification standards.

Artificial intelligence (AI) is the intelligence of machines or software, as opposed to the intelligence of human beings or animals. AI applications include advanced web search engines (e.g., Google Search), recommendation systems, and competing at the highest level in strategic games (such as chess and Go). Artificial intelligence was founded as an academic discipline in 1956. The various sub-fields of AI research are centered around particular goals and the use of particular tools. The traditional goals of AI research include reasoning, knowledge representation, planning, learning, natural language processing, perception, and support for robotics. General intelligence (the ability to solve an arbitrary problem) is among the field's long-term goals.

B-BBEE: Means broad-based black economic empowerment.

Certified Learning Programme: Means any Learning Programme for which the company has:

1. any form of independent written certification as referred to in the “Learning Achievements” column of the Learning Programme Matrix; or if it does not have such certification.
2. an enrolment certificate issued by the independent person responsible for the issue of the certification confirming the employee has:
   1. enrolled for, is attending and is making satisfactory progress in the learning programme; or
   1. enrolled for but not attending the learning programme; or
   1. attending the training programme but has failed an evaluation of their learning progress.

Competent Person: Means a person who has acquired through training, qualification and experience the knowledge and skills necessary for undertaking any task assigned to them under the B-BBEE Codes.

Core Skills: Means skills that are:

1. value-adding to the activities of the company in line with its core business
2. in areas the company cannot outsource; or
3. within the production/operational part of the company’s value-chain; as opposed to the supply side, services or White and Case stream operations.

Critical Skills: Means those skills identified as being critical by any SETA.

Disabled Employees: Refers to Key Aspects of Disability in the Workplace issued under section 54 of the Employment Equity Act

EAP: Means ‘Economically Active Population’ as determined and published by Stats SA. The operative EAP for the purposes of any calculation under the Codes will be the most recently published EAP.

Fees: Means any and all costs associated with the selected training programme, including but not limited to registration fees, facilitation fees, the study material, assessment and moderation fees, and/or third party courier cost for additional and /or replacement material, and which may be amended in the sole discretion of NPI SHUTTLEWORTH ACADEMY from time to time. Goods Means study material, textbooks, notes, software, information on CDs, DVDs, videos, etc supplied by NPI SHUTTLEWORTH ACADEMY to the Student

Higher Education Institution: Means a higher education institution as defined under the Higher Education Act of 1997

Learning Programmes: Means any learning programme set out in the Learning Programme

Matrix.

Learning Programme Matrix: Means the Learning Programme Matrix used as part of measurement for skills development.

Leviable Amount: Bears the meaning as defined in the Skills Development Levies Act of 1999 as determined using the Fourth Schedule to the Income Tax Act.

National Skills Development Strategy: Means the national skills development strategy referred to in section 5(1)(a)(ii) of the Skills Development Act.

NQF: Means National Qualifications Framework

NEUROGRES TM means Neuro Linguistic Program (NLP) like techniques and Artificial Intelligent Game Based Assessment tools to entrench new behaviors. These techniques can be added to all Learnerships and courses.

NLP like techniques means we works with the brain: developing our sensory awareness (neuro), the distributed mind: questioning the structure of our interpretation (linguistic), & the body: re-patterning our language & behaviors for healthier interactions (programming) - a scientifically validated coaching delivered through a learner-friendly experience.

Outsourced Labour Expenditure: Means any expenditure incurred in:

1. procuring the services of or from a labour broker; and
2. procuring the services of any person who receives remuneration or to whom any remuneration accrues because of any services rendered by such person to or on behalf of a labour broker.

Priority Skills: Means core, critical and skills as well as any skills specifically identified:

1. in a Sector Skills Plan issued by the Department of Labour of the Republic of South Africa; and
2. by the National Development Plan (NDP).

SAQA: Means South African Qualifications Authority.

Scarce Skills: Are those skills identified as being scarce by any SETA.

SETA: Means State Education Training Authority

Skills Development Expenditure: Comprises the money that a company spends on skills development. It excludes the skills development levy payable by the company under the Skills Development Levies Act.

The Skills Development Act: Means the Skills Development Act of 1998.

The Skills Development Levies Act: Means the Skills Development Levies Act of 1999.

Policies and Procedures:  Means all policies and procedures which govern the training programme's activities, the operation and execution of the Agreement, and the relationship between the student and NPI SHUTTLEWORTH ACADEMY, and to which the Student becomes bound in terms of the Agreement.

Programme: Means the training programme, course, modules and/or unit standard offered by NPI SHUTTLEWORTH ACADEMY which the student has selected on the registration form.

Service: Means facilitation, instruction, teaching, lecturing, tutoring, training, mentoring, tutoring, supervising, counselling.

Student: Means the person undertaking the selected training programme in terms of the Agreement, and /or their parent /guardian, and/or Guarantor, account/fee payer and/or Sponsor, as applicable.

Total Labour Cost: Means the total amount of remuneration paid by a company to its employees determining using section 3(4) of the Skills Development Levies Act of 1999 and the Forth Schedule of the Income Tax Act of 1992.

Uncertified Learning Programme: Means any learning programme of a company that is not a

certified learning programme.

Workplace Skills Plan: Means the company plan approved by the relevant SETA.