Terms and Conditions to the Proposal

The relationship between the Parties is subject to and regulated in terms of this Agreement.

  1. Parties:
    1. The Client, as more fully set out in the Proposal; and
    2. Resolute Education (Pty), with Registration No. 2018/604313/07, a company duly incorporated in terms of the Company Laws of the Republic of South Africa (“Resolute”) (the “Parties”).
  2. Definitions:
    1. “Agreement” means:
      1. These Terms and Conditions to the Proposal, and the terms and conditions of the SLA, EULA, and Privacy Policy, incorporated as if specifically set out herein.
    2. “Commencement Date” means the commencement date as set out in the Proposal;
    3. “EULA” means the End User License Agreement of Resolute, the terms of which are incorporated as if specifically set out herein;
    4. “Fees” means the fees and expenses payable by the Client to Resolute in terms of the Proposal;
    5. “Initial Period” means the initial period of this Agreement as set out in the Proposal;
    6. “POPIA” means the Protection of Personal Information Act 4 of 2013;
    7. “Privacy Policy” means the Privacy Policy of Resolute, the terms of which are incorporated as if specifically set out herein;
    8. “Products” and/or “Services” means all products and services offered by Resolute to the Client in terms of the Proposal, as amended from time to time;
    9. “Termination Date” means the termination date as set out in the Proposal;
    10. “Site” means the site where the Resolute shall deliver the Products and Services to the Client, as set out in the Proposal;
    11. “SLA” means the Service Level Agreement of Resolute, the terms of which are incorporated as if specifically set out herein;
    12. “Products” and/or “Services” means all products and services offered by Resolute to the Client in terms of the Proposal, as amended from time to time;
  3. Appointment And Duration: This Agreement shall commence on the Commencement Date, shall endure for the Initial Period and shall terminate on the Termination Date, unless terminated or extended under the provisions of this Agreement.
  4. Fees: The Client undertakes to pay Resolute the Fees in accordance with the Proposal.
  5. Defects, discrepancies and missing components:
    1. Any defective Products shall be reported to Resolute within 21 (twenty-one) days of delivery of the Product, to be repaired or replaced at the cost and discretion of Resolute. The Client shall bear the cost of repair or replacement if not reported within the aforesaid period;
    2. The Client shall, within 10 (ten) days from date of delivery, report any discrepancies in Products ordered, or any missing components to Resolute in writing.
  6. Cancellation Of Particular Services:
    1. This clause applies to the following Services, as further set out in the Proposal:-
      1. Training;
      2. Services rendered on scheduled STEAM days;
      3. Services rendered on scheduled open days.
    2. Any booking or scheduled event in respect of the aforesaid Services, will bear the following penalty or cancellation charges, upon cancellation within the time periods as set out below:-
      1. Services may be cancelled and rescheduled free of charge with at least one month’s advance written notice;
      2. Services cancelled less than one month, but more than one week prior to a booking or scheduled event will be charged a penalty fee of 25% (twenty-five) percent of the total Fee.
      3. Services cancelled within the week of a booking or scheduled event will be charged the full Fee.
  7. Privacy:
    1. The Client hereby consents to the processing of its personal information as defined in POPIA, which includes the personal information of learners, parents, employees, contractors or representatives and related parties which is provided to Resolute by the Client.
    2. The Client consents and / or confirms and undertakes that it has obtained the necessary consent from learners (older than 18 or acting with the required authority of their parent/s or guardian/s), parents , employees, contractors or representatives and related parties, for the provision of their personal information to Resolute and for the processing of their personal information by Resolute.
    3. By continuing to interact with Resolute or making use of the Products and Services, the Client consents and/or confirms that parents of the learners have consented to the collection and processing of personal information of their children.
    4. The Client acknowledges and declares that they have read and understood the terms and conditions set out in the:
      1. Privacy Policy
      2. SLA
      3. EULA