EduNexus College (ENC) — Student Agreement
Registration Number: 2020/546309/07
1. Definitions
• “ENC” means EduNexus College.
• “Signatory” means, jointly and severally, the Student, the Guardian, the Surety, the Sponsor (if applicable), and the Account Payer.
2. General Agreement
By signing this Agreement:
– The Student agrees to comply with ENC’s rules, regulations, and Code of Conduct.
– ENC reserves the right of admission and may refuse admission at its discretion.
– All applicants confirm they have read and understood the terms below.
3. Fees and Payments
1. Registration fee is non-refundable.
2. Other fees are refundable only if this contract is cancelled within 7 days of signing (grace period).
3. To terminate the contract before course start, written notice is required at least 7 days prior. The Student/Sponsor will remain liable for 50% of fees paid; registration and textbook costs remain payable.
4. If fees are unpaid for 30 consecutive working days, the Student will be barred from classes and materials until satisfactory arrangements are made with ENC.
5. Outstanding tuition fees must be settled two weeks before writing examinations.
6. Approved refunds will be paid within 90 days from institutional approval. No refund if the course has run for more than 7 days.
7. Signatory is responsible for any external institution fees (these are not included in ENC fees).
8. International Students must hold a valid study or residence permit prior to registration. Students without valid permits have non-transferable, non-refundable fees. International Students must pay 50% of tuition prior to commencement.
9. ENC may adjust programme prices prior to commencement should accrediting institutions impose changes.
4. Academic Rules
1. Right to attend lectures and write exams is not transferable; only the enrolled Student may attend or write examinations.
2. Students must pass at least three subjects to progress to the next qualification level; only one subject may be carried forward. Failure to comply may result in repetition of the qualification level.
3. Certain assessment requirements (e.g., Portfolios of Evidence) must be completed as part of the programme.
4. Programmes commence only if minimum enrolment is met. ENC may combine classes of similar level and content.
5. Non-attendance does not reduce financial liability or entitle the Signatory to credit or refund.
5. Conduct and Discipline
– The Student agrees to follow ENC’s Code of Conduct and Orientation Manual.
– Misconduct (including cheating, plagiarism, disturbing others, or possession of drugs/alcohol on campus) may result in expulsion without refund and forfeiture of monies paid; expelled students remain liable for monies due at the date of expulsion.
– ENC may create additional rules relating to attendance, participation, or conduct.
– ENC may use photographs or images of the Student for advertising and marketing without restriction.
– ENC is not liable for injury, death, loss, or damage to personal property while on campus or during programme activities. The Signatory indemnifies ENC in this regard.
6. Communication and Records
– ENC may communicate with Students by SMS, email, social media, or learning management systems.
– If a Student no longer wishes to be contacted, they must submit a written request to ENC Head Office addressed to the Head of Marketing.
– ENC may send progress reports to the Account Payer, Learner, Parent, Employer, or Guardian at its discretion.
– ENC may obtain results from external examining bodies where relevant.
– Certain programmes/modules require competency verification prior to uploading student records to the National Learner Record Database (NLRD).
7. Force Majeure
If extraordinary events beyond ENC’s control occur (e.g., war, strike, riot, crime, pandemic, earthquake, volcanic eruption), ENC may suspend lectures and temporarily close affected campuses. Such suspension or closure does not entitle the Student to terminate the Agreement, receive a refund, or claim a fee reduction.
8. Breach and Enforcement
Events that constitute breach include (but are not limited to):
• Failing to pay any instalment on the due date.
• A provisional or final order of sequestration being granted against the Signatory.
• Failure to rescind any judgment against the Signatory within 21 days.
On breach:
– The full principal debt, plus interest up to the date of breach, becomes immediately due and payable. Interest may be charged at the maximum permissible legal rate.
– The Signatory will be liable for all collection costs, tracing fees, legal costs on an attorney-and-client scale, and any penalties or service fees resulting from late or returned payments.
– ENC may obtain an emolument attachment or garnishee order and may register the Signatory with credit bureaus in accordance with the National Credit Act.
– A certificate signed by any Director of ENC will be prima facie evidence of outstanding indebtedness.
9. Other Legal Provisions
– No cancellations, waivers, amendments, additions, or deletions to this Agreement are valid unless reduced to writing and signed by the parties and an authorised ENC official. Verbal agreements are not binding.
– Any indulgence by ENC does not amount to a waiver of rights.
– Each clause is severable; if one clause is found defective or unenforceable, the remainder shall remain in full force and effect.
– This Agreement binds the parties’ executors, trustees, curators, legatees, heirs, and successors.
10. Final Notes
– Learning materials are included in tuition fees for all ENC programmes; students are not expected to pay extra for included materials.
– Students who are not South African permanent residents must obtain the necessary study or residence permit before registering. Fees for non-compliant students are non-transferable and non-refundable.
– No student shall be permitted to attend tuition or access support services if payment terms are not adhered to; this does not relieve the Signatory of payment obligations.
– Students shall be responsible for letters, telephone calls, tracing fees, collection costs and legal expenses arising from any breach of this Agreement.
– This contract should be read together with the Student Code of Conduct.