1.1 “This agreement” means this agreement, these terms and conditions as well as the quotation. 1.2 “The supplier” means Pulse Point CC, registration 2007/151688/23, VAT number 4480260514. 1.3 “The customer” means the party to whom services are rendered by the supplier. 1.4 “The services” means the first aid and/or CPR training provided by the supplier to the customer as more fully described in the quotation rendered to the customer and / or the goods sold to the customer by the supplier.
2 THIS AGREEMENT
2.1 This agreement shall govern the rendering of services and or supply of goods to the customer by the supplier.
2.2 All quotations are subject to this agreement and quotations remain valid for one calendar month from the date of issuing thereof by the supplier to the customer.
3 PAYMENT FOR THE SERVICES
3.1 Upon acceptance of the quotation by the customer; Public and online courses: The full course fee 100% is payable. Private courses: a deposit equal to 50% of the total course fee is payable.
3.2 The course date will only be scheduled, reserved and communicated to the customer once the deposit is paid (“the reserved or agreed date”).
3.3 The balance of the course fee is payable 14 (fourteen) days after the date upon which the course is completed unless the contrary has been agreed to in writing by the parties.
3.4 The supplier reserves the right to levy interest at the maximum rate permitted by law on all accounts which are not paid on or before the due date.
4 NATURE OF BUSINESS AND CANCELLATION POLICY
4.1 Upon the customer accepting a quotation and upon payment of the required deposit the date upon which the services will be rendered is inserted in the diary of the supplier and reserved for the customer.
4.2 The supplier then allocates an Instructor to such reservation.
4.3 Should the customer wish to cancel the services, such cancellation will be subject to certain cancellation fees as follows:
4.3.1 Less than 20 business days prior to the reserved date an amount equaling 25% of the total course fee;
4.3.2 Less than 15 business days prior to the reserved date an amount equaling 50% of the total course fee;
4.3.3 Less than 10 business days prior to the reserved date an amount equaling 75% of the total course fee;
4.3.4 Less than 5 business days prior to the reserved date an amount equaling 100% of the course fee;
4.4 In the event that the supplier secures a replacement reservation for the agreed date the customer shall be entitled to a full refund of the course fee.
4.5 The supplier regards the above cancellation fees to be reasonable having regard to the nature of the services to be supplied to the customer and the actual damages suffered by the supplier when a customer cancels the services.
4.6 In the event that the customer does not arrive on the agreed date resulting in the supplier being unable to render the services the customer will be responsible for payment of the full course fee in respect of the services.
4.7 Should the customer regard the cancellation fees recorded in 4.3.1, 4.3.2, 4.3.3 and 4.3.4 to be unreasonable or unfair in the circumstances this must be brought to the attention of the supplier prior to the acceptance of the quotation by the supplier.
5 POSTPONEMENT AND VARIATION OF THE AGREED DATE OF THE RENDERING OF THE SERVICES
5.1 In the event that the supplier is unable to render the services on the agreed date a further date will be reserved for the services to be rendered as agreed upon between the parties.
5.2 Should the parties be unable to agree on a further date the customer shall be entitled to a full refund of all amounts paid by the customer to the supplier.
5.3 In the event that the customer requires the services to be postponed:
5.3.1 The customer must inform the supplier of such request in writing not less than 15 business days prior to the agreed date. A request for a postponement of the services less than 15 business days prior to the agreed date will attract the charges as set out in 4.3.2, 4.3.3 and 4,3.4 above;
5.3.2 The agreed date when the services will be rendered may only be postponed once by the customer;
5.3.3 In the event that the services start late or are interrupted, due to the fault of the customer, the customer will be liable for payment of the full fee as per the quotation as well as the additional charges as set out below in respect of any overtime worked due to the late start or interruption of the services.
220.127.116.11 R400.00 (including VAT) per hour of the duration of the services during normal business hours, Monday to Friday 08:00 to 17:00;
18.104.22.168 R600.00 (including VAT) per hour after hours, Monday to Friday;
22.214.171.124 R800.00 (including VAT) per hour on Sundays, Saturdays or public holidays.
5.3.4 Travel is charged at R3.00/km for the return journey from the head office: 28, 9th Street, Delarey, Johannesburg.
6 ACCREDITATION FOR A COURSE AND CUSTOMER ATTENDANCE
6.1 Customers must attend the full course during which the services are rendered.
6.2 In the event that a customer (which includes any one of the individuals in a group) miss more than 10% of the course or any sections of the course, which in the opinion of the supplier is critical, such customer will not be tested and will accordingly not pass the course. It will be possible to schedule a make-up session in this regard but such sessions will be subject to the hourly rates set out in 126.96.36.199 to 188.8.131.52.
6.4 In the event that a customer (which includes any one of the individuals in a group) does not arrive for the scheduled course the customer will be billed for in full for said customer.
6.5 Course certificates for successful customers will be available seven days after receipt of payment in full. For some courses certificates will only be ready when the course has also been moderated by the external moderator.
6.6 Course certificates will not be released until payment has been made in full. A fee of R50.00 will be charged for a replacement certificate and R100.00 for an American Heart Association certificate reprint. Courier fees will also need to be charged for.
7 LIMITATION OF LIABILITY AND INDEMNITY
7.1 The supplier will not be liable for any indirect, consequential, special or delictual loss or damage of any nature and howsoever arising which may be suffered by the customer or any third party as a result of / or in connection with the rendering of services as contemplated in this agreement.
7.2 The customer hereby indemnifies the supplier for and holds it harmless against any claim, damage, loss, cost or expense of whatever nature made against the customer by any third party arising from or associated with the rendering of the services by the supplier to the customer.
7.3 Notwithstanding the above, the supplier does not exclude or limit its liability, if any, for any matter for which it would be illegal for the supplier to do so.
8 LEGAL PROVISIONS
8.1 This agreement and / or transactions between the supplier and the customer shall be governed by and decided upon in accordance of the laws of the Republic of South Africa.
8.2 The supplier has the sole option to refer any dispute arising from / or in connection with this agreement to arbitration, which arbitration will bind both the customer and the supplier. The arbitration will be held in Johannesburg in accordance with the rules of the arbitration foundation of Southern African (“AFSA”) and shall be administered by AFSA.
8.3 Either party shall be entitled to institute action in the Magistrate Court, notwithstanding that the amount of its claim exceeds the jurisdiction of such court. This provision shall not preclude the supplier from instituting action against the customer in any other competent court with jurisdiction.
8.4 A certificate issued by any member of the supplier, whose authority, appointment and signature it shall not be necessary to prove, that certifies any indebtedness of the customer to the supplier, the rendering of services to the customer or any other fact shall be accepted as proof of such indebtedness or rendering of such services, unless the customer proves otherwise.
8.5 A party that successfully enforces or defends its rights under this agreement shall be entitled to recover from the other party all legal cost incurred by the successful party on the scale as between attorney and own client, including cost of counsel on brief, tracing agent’s cost and collection commission.
9.1 The customer chooses as its address / details where they will receive service of all legal processes, notices and communications in respect of this agreement, the customers physical address, the customer’s email address and the customer’s facsimile number as set out in the quotation and hereunder.
9.2 Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing, provided that it shall be competent to give notice by way of email or facsimile.
9.3 A party may change its domicilium (its physical address, email address or facsimile number) by furnishing the other party with 7 (seven) days written notice of its new domicilium, provided that the change will only become effective from the 7th (seven) business day from the deemed receipt of the notice by the other party.
9.4 A party will be deemed to have received a notice at its domicilium on:
9.4.1 The 7th (seventh) day after posting if sent by prepaid registered post in a correctly addressed envelope to its domicilium;
9.4.2 The day of delivery, if delivered by hand to a responsible person at its domicilium;
9.4.3 They day of dispatch, if sent by email or facsimile to its chosen email address or facsimile number;
9.5 Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by the customer shall be adequate and valid, notwithstanding that it was not sent or delivered at its chosen domicilium.
10.1 This agreement constitutes the entire agreement between the parties. No party shall be entitled to rely upon any term, warranty, guarantee, condition or representation, unless it is contained herein.
10.2 No amendment of this agreement and no extension of time, waiver or relaxation of any of the provisions of this agreement shall be binding, unless recorded in a single document signed by both of the parties.
10.3 No relaxation or indulgence shall prejudice or be deemed to be a waiver of any of a party’s rights hereunder.
10.4 Each provision of this agreement is severable, the one from the other. If any provision is found to be defective, unlawful or unenforceable for any reason, the remaining provision shall continue to be of full force and effect.
10.5 The rule of construction that this agreement be interpreted against the party responsible for drafting this document shall not apply.
10.6 The customer shall not be entitled to cede its right or assign its obligations under this agreement.
10.7 The supplier shall be entitled to cede its right or assign its obligations under this agreement, without notice to the customer or any other person and such cessionary shall be entitled to enforce its rights hereunder against the customer.
ADDRESS OF SUPPLIER AS ENVISAGED IN CLAUSE 9 OF THE AGREEMENT:
P O Box 592, Glenvista, JHB 2058
TEL: 011 477 9999