Unless specifically agreed in writing by Skillogic, all contracts are subject to the following Terms and Conditions. Any general Terms and Conditions printed on the Recipient’s Enrollment form, purchase orders or related documents shall not be applicable if they are contrary to these Terms and Conditions, unless expressly accepted in writing by Skillogic. For the interpretation of the trade conditions, the contract is governed by relevant legislation in South Africa in force on the date of written acceptance of the order or service with Skillogic.
2: CONTRACT FORMATION
The contract is formed either when the Recipient’s/Participant’s order or enrollment is confirmed by Skillogic by e-mail, fax or letter, or, in case the order is placed by phone, when it is confirmed over the phone by Skillogic, without prejudice of 3 of these Terms and Conditions. Moreover, the Recipient/Participant agrees not to discuss the validity of the contract when formed through mutual agreement during a telephone conversation.
3: RECIPIENT/PARTICIPANT ACCEPTANCE
1. Recipient’s [also referred to Participant] as orders [also referred to as ‘’enrollment’’] are binding on Skillogic only if Skillogic has not refused such orders within 10 days after receipt of a registered letter, the postal date being conclusive. Skillogic can indeed subordinate the validity of the contract to additional conditions to these relating for example to the good execution of the obligations resulting from the contract. Skillogic reserves the right to refuse an order for enrollment for technical or organisational problems such as: a too important a number of participants, the impossibility to rent a suitable venue or the absence of a lecturer, this list being non exhaustive.
2. All orders are definitive and irrevocable for the Recipient/Participant, subject however to 12 of these Terms and Conditions. Accordingly, any amendment, including a change of participant/Participant, will be submitted to Skillogic for acceptance in writing. The modification shall be communicated at least 15 days prior to the date of the service commencing and will incur, unless otherwise agreed to in writing, a flat administration charge of R1000. Moreover, the non-attendance of a registered participant/Participant to a programme will entail payment of the full fee.
3. If the Recipient/Participant cancels or modifies its initial delivering instructions, Skillogic may invoice the goods/services and retain them on Recipient’s/Participant’s account at Recipient’s/Participant’s risk and expenses until reception of definitive instructions.
4: PRICE AND CHANGE OF PRICE.
Any taxes, levies, duties, insurance and transportation costs arising after delivery or resulting from the service are for Recipient’s account. Until acceptance of the order by Skillogic, prices indicated by Skillogic can be changed at any time. Prices are not negotiable unless a discount has been previously agreed upon between Skillogic and the Recipient/Participant.
1. Delivery periods are purely indicative. Skillogic does not guarantee delivery of products and/or services within the period specified.
2. Skillogic has the right for any reason to substitute or change faculty or staff for any programme without notice prior to or during the course of any programme.
3. No part of any programme may be considered to be the provision of professional advice which may be relied on by any particular Participant/Participant (such as, without limitation, investment, legal, accounting or financial advice)
6: PARTICIPANT/PARTICIPANT RESPONSIBILITY
1. Participants/Participants are, unless otherwise agreed with Skillogic in advance, solely responsible for deciding whether any service offered by Skillogic is suitable, and should inform themselves in advance of the service details, criteria and requirements.
2. Participants/Participants are bound to comply with any Skillogic policies or regulations concerning any particular programme or in relation to using Skillogic facilities. Skillogic reserves the right to remove any Participant from a programme for material non-compliance or unsuitability, in which case no refund will be due.
7: COPYRIGHTS AND INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property associated with Skillogic and its programmes remain the exclusive property of Skillogic and/or its faculty unless otherwise specified and agreed with Skillogic before the commencement of the Programme. Intellectual property includes, without being limited to, all methodologies, know-how, training materials, information, articles, data, programmes, tests, web sites and web site content and other documentation originated or authored by Skillogic, its faculty or by Skillogic employees or agents and/or used by Skillogic in its programmes.
2. All materials produced and/or distributed by Skillogic for use by Client/Participant or Participant can only serve for authorised purposes connected to the programme and shall not be reproduced, distributed, licensed, assigned or exploited for any other purposes without Skillogic’s explicit written authorisation. All useful concepts, methods, procedures, processes and improvements of any nature, made or conceived during the delivery of any programmes in relation to the intellectual property shall remain the sole property of Skillogic.
8: PAYMENT AND TERMS OF PAYMENT
1. Skillogic’s course fees are payable latest one month prior to the programme’s starting date or upon receipt of the invoice provided it is issued less than one month before the starting date of the programme.
2. Late payment: any invoice unpaid on due date shall, immediately and without prior notice, bear an daily cumulative interest of 1% as well as a contractual indemnity for administrative costs of 25% of the remaining due amount with a minimum of Rs 1000. Skillogic reserves the right to claim a reasonable compensation for all relevant recovery costs incurred because of late payment, without prejudice of its right to claim back judicial costs.
3. Absence of payment: if Recipient/Participant fails to pay, Skillogic reserves the right to suspend all deliveries of goods or services until full payment of all due amounts by Recipient/Participant.
4. Means of payment: Skillogic’s invoices are payable by electronic funds or bank transfer into the company’s bank accounts as written on the invoice – net of bank charges – or by credit card (Amex, Mastercard, Eurocard, Visa).
09: APPLICABLE LAW AND JURISDICTION
Recipients/Participants agree that any dispute arising between Skillogic and the Participant/Recipient in respect of the contract shall be construed in accordance with the Indian laws and subject to the jurisdiction of the Indian Courts.
10: CANCELLATION OF CONTRACT
Skillogic is aware that urgent unforeseen events may occasionally happen between the Participants/Recipient’s registration/enrollment to a programme and the date of the programme, making it impossible for the Recipient/Participant to attend. However, due to the Recipient’s/Participant’s late notification, other participants may be unable to attend. This is why the following conditions shall apply whenever the Participant/Recipient books a seat to one of Skillogic’s programmes:
• a colleague of same level or experience may take the Recipient’s/Participants place provided that this is communicated at least 20 working days before the start of the programme and subject to administration charges as set forth in 3 of these Terms and Conditions.
• if Recipient decides to postpone to a later outing of the programme and/or cancels his/her participation at least 20 working days beforehand, he/she is subject to administrative costs as set forth in of these Terms and Conditions.
• if the Recipient/Participant fails to comply with the above conditions or notification is received within 20 days before start date, registration fees and costs shall be due in full.