
+ 27 11 482 9200
+ 27 86 552 8821
info@ase.co.za
www.ase.co.za
82 Richmond Avenue
Auckland Park
Johannesburg
PO Box 291246
Mellville
2109
ACADEMY OF SOUND ENGINEERING STUDENT ENROLMENT CONTRACT – 2026
THE FOLLOWING IS REQUIRED AND SHOULD BE EMAILED TO INFO@ASE.CO.ZA
REGISTRATION DEPOSIT OF R10 000 PAID | MATRIC CERTIFICATE |
ID DOCUMENTS FOR STUDENT AND ACCOUNT PAYER | ACKNOWLEDGEMENT LETTER |
NEW STUDENT *
|
RETURNING STUDENT *
|
* denotes required field
A. STUDENT INFORMATION
UNIT NUMBER & NAME
(WHERE APPLICABLE)
STREET NUMBER AND NAME *
CELL (INCL COUNTRY CODE) *
DATE OF BIRTH *
ID NUMBER
(PASSPORT NUMBER
IF NOT S.A. CITIZEN) *
Academy of Sound Engineering (PTY) Ltd (‘ASE’ or ‘The Academy’) is registered as a private higher education institution in terms of section 54(1)(c) of the Higher Education Act No. 101 of 1997 and Regulation 14(4)(a) of the Regulations for the Registration of Private Higher Education Institutions, 2016, to offer its registered programmes at the following sites of delivery: A. Johannesburg; Academy of Sound Engineering (Pty) Ltd is registered to offer the following programmes: (1) Higher Certificate in Audio Technology (A, B) (2) Diploma in Audio Technology (A, B) (A) Registration certificate No.2009/HE07/011
B. DETAILS OF STUDENT’S ACCOUNT PAYER (NORMALLY FATHER OR MOTHER OR NEXT OF KIN)
This section must be completed by the account payer.
RELATIONSHIP TO STUDENT *
UNIT NUMBER & NAME
(WHERE APPLICABLE)
STREET NUMBER & NAME *
CELL (INCL COUNTRY CODE) *
ID NUMBER
(PASSPORT NUMBER
IF NOT S.A. CITIZEN) *
DETAILS OF EMPLOYER
NAME OF EMPLOYER *
UNIT NUMBER & NAME
(WHERE APPLICABLE)
STREET NUMBER & NAME *
C. DETAILS OF STUDENT’S LEGAL GUARDIAN
(WHERE APPLICABLE) OR NEXT OF KIN
Next of kin’s details and signature must be provided. The signature confirms that the signatory has read and understood the contents of this contract.
RELATIONSHIP TO STUDENT *
UNIT NUMBER & NAME
(WHERE APPLICABLE)
STREET NUMBER & NAME
CELL (INCL COUNTRY CODE) *
(PASSPORT NUMBER
IF NOT S.A. CITIZEN)
D. PROGRAMME SELECTED, TUITION FEES AND PAYMENT TERMS
A non-refundable Registration Deposit fee of R10,000.00 for new and returning students for a full-time programme is payable, to be furnished with this form.
The programme selected may require software, text books and kits that are not included in the programme cost. It is the student’s responsibility (and that of the other signatories attached hereto) to acquire a quotation in this respect and make additional arrangements to pay these extra costs. Assessment rewrites will be charged separately. Refer to fee structures, handbook and book and kits lists for detail.
PLEASE SELECT THE RELEVANT PROGRAMME *
PROGRAMME | SELECT | |||||||||||
DIPLOMA IN AUDIO TECHNOLOGY THREE-YEAR FULL-TIME | ||||||||||||
HIGHER CERTIFICATE IN AUDIO TECHNOLOGY ONE-YEAR FULL-TIME |
Enrolment lists for returning students will be determined by ASE’s academic department and will be dependent on the student’s academic performance and attendance. Students who have failed courses may be required to repeat such courses, which in turn may delay the completion of their studies. Invoicing for fees will be based on enrolled programmes and courses. Repeats will be invoiced and labelled as such.
SELECT CAMPUS *
JOHANNESBURG
CAPE TOWN
JOHANNESBURG
SELECT A PAYMENT METHOD *
PAYMENT IN FULL (PAYMENT PLAN 1)
EXTERNAL BURSARIES (PAYMENT PLAN 4) – Commitment letter from bursary to be supplied with this contract
STUDENT HERO (PAYMENT PLAN 2)
MONTHLY DEBIT ORDER (PAYMENT PLAN 5)
STUDENT LOAN (PAYMENT PLAN 3)
OTHER – (NOT VALID UNTIL APPROVED BY ASE)
The student is required to have an Avid ProTools licence. This service will be charged at an additional $50 per year by the Academy. Refer further to the fees document for payment options, including early-bird discounts, books and kits list including the pricing thereto.
In some limited cases, payment plans might be made available for some students on certain courses, where students on such courses have not been able to secure bank or other loans, in the sole discretion of the Academy, and by way of exception only. (As a rule, full payment is required by means of electronic fund transfer (EFT) before the commencement of the course or by debit order. In the event of a cash deposit, the Academy may charge a cash deposit fee to the student’s account, the amount thereof to be advised and applied by the Academy). For courses where the granting of credit is a possibility, and the student has not acquired credit elsewhere, the Academy may choose to allow payment terms or not, at its sole discretion, and in the amount(s) and over period/s it selects, but shall have no obligation to do so. Foreign students must pay full tuition fees on registration and provide proof of compliance with Republic of South African legislation and regulations, including study permits.
TERMS
1. INTRODUCTION
Welcome to Academy of Sound Engineering (‘ASE’ or ‘The Academy’). Please read this Enrolment Contract which forms the agreement between you and Academy of Sound Engineering (Pty) Ltd) Reg. No 1997/0083334/07. The Terms of this agreement and any amended contract may be amended and updated from time to time.
2. SERVICE AND PROGRAMME SELECTION
a) ASE is a provider of tertiary tuition in various fields in the entertainment industry, incorporating face-to-face lectures with some online lectures (‘the Service’).
b) For purposes of this Enrolment, the term “content” includes live instruction, on-line lectures (live and/or pre-recorded), consultations, practical instruction, projects, training sessions, recording sessions, assignments and assessments.
c) Where online, the content to be made available to you on your ASE account will be that provided by ASE in respect of the year of study selected by you below.
d) ASE will provide you with access to its Learning Management System (LMS) in order to facilitate proper delivery.
e) You will be granted the right to use the Service and ASE’s technical support infrastructure, in order to successfully complete your studies within the allotted timeframes. While all servers, platforms and technical support will be provided by ASE, as well as a computer laboratory, there may be certain courses that are held online. You will therefore be required to have stable internet connectivity and a ProTools license.
3. FEES AND PAYMENTS
a) All fees unless otherwise agreed, are payable before programme inception in accordance with the fee payment plan selected above. All payments, charges and receipts will be in South African Rands (ZAR.).
b)In addition to the fees above, all new students will be charged a standard non-refundable application processing fee of R500.00 for the creation of your account. ASE may, from time to time, waive, reduce or increase this fee.
c) A non-refundable annual registration deposit fee of R10,000 for new and returning students for full-time programme is payable and to be furnished with this form. This fee and its refund policy are subject to change based on promotions run by ASE. All deposits paid are included in, and deductible from the published fees payable.
d) The fee per programme is as reflected above. Fees are subject to change with due notice. By selecting the programme of study you agree to pay the administration fee and tuition fee(s) and to be bound by these terms of use on submitting this Enrolment Contract by signing or clicking below.
e) Depending on the fee-payer’s location, some banks may charge the payer a foreign transaction fee for his/her tuition payment or other transaction. ASE does not control this charge, but it is typically around 3%. Usually, the payer is notified of this and requested to make up the shortfall, if one exists. If the payer fails to do so and has therefore not paid the full amount due, the student may not be granted access to the content until full payment is received.
f) ASE will provide you with an invoice.
g) Where there is a default on the payment, ASE reserves the right to suspend the student, which could result in academic delays, changing intakes and having to repeat or restart studies. Repeats will be charged for. It is at ASE’s discretion when and if ASE will be able to accommodate such student.
4. RIGHTS
All ASE’s content is copyrighted or controlled by ASE or is lawfully used under the fair dealing for instruction exception under s12 of the copyright act No 98 of 1978 as amended. You may not use, copy, share or otherwise appropriate any of the content that is provided to you under this agreement for any purpose other than your own personal education. By the same token, where you use your own creations in projects or assignments, you are not, by entering into this contract, signing away any of the rights to such content. You are, however, permitting ASE to use the obvious rights that are necessary for it to educate you in respect of the correct production of your content, as well as for advertising and public relations for ASE, at ASE’s discretion. Please be careful to only submit content that you own or control, or have permission to use, where applicable. Be particularly careful when uploading cover versions as projects. ASE will not acquire any permissions, nor pay any third parties on your behalf. All your legal obligations in this regard are to be found in 7 below.
5. CONDITIONS
a) You are responsible for all activity at ASE. If you violate ASE’s policies, we will have no alternative but to terminate your account without refund of any fees paid.
b) You may not post content or do any other thing on ASE’s site or social media or premises that is illegal, offensive or abusive towards others. You may not do anything that abuses ASE, its staff, its intellectual property,network or its facilities in any way.
c) You may not do anything that abuses the ASE website, network, social media accounts or facilities in any manner.
d) We have the right to terminate or suspend your account, at our discretion, if you do not follow our Student Code of Conduct. We will not do so without good reason, which may be requested in writing.
e) ASE’s programmes are provided “as is” and without warranty of any kind. Any warranties of merchantability, fitness for a particular purpose and any other warranties, are excluded to the extent permitted by law. These disclaimers of warranty also apply to our subsidiaries, affiliates and third-party service providers.
f) South African law, excluding its conflict of law provisions, governs this agreement and all of ASE’s policies. If any dispute, mediation, arbitration or other process arises as a consequence of this agreement, both parties consent to the jurisdiction and location of the magistrates court of Randburg or any arbitration tribunal in Johannesburg, South Africa.
6. PERSONAL DATA AND PRIVACY POLICY (POPI ACT)
a) In accordance with the Protection of Personal Information Act No 4 of 2013, ASE’s Privacy Policy will protect your personal data and information to the full extent required by law and good practice. This policy does not apply to companies or individuals that ASE does not own or control, nor to individuals that ASE does not employ or manage.
b) ‘Personal Data’ means any data related to an identified or identifiable individual. By accessing or using the Service, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.
c) ASE may collect student and payer information, such as the name, username, password, e-mail address, photograph or other likeness, settings, purchase history, and any other information you provide in connection with your account. ASE may also collect the financial information provided by you (or the payer), such as your credit or debit card number, bank account number, and billing and shipping address. This information is collected only for the purpose of processing by ASE or ASE’s payment provider, as is necessary to complete your transactions. ASE may also receive information about your transactions, including the date, time and duration.
d) ASE may collect your personal student information, such as your biography, location, and profile as provided by you, and it may collect subscriber information such as the provided name, e-mail address, country of residence and postal code. This information will be collected for ASE’s or your benefit only.
e) ASE may collect e-mails and messages, including receipts, newsletters, and support contact, only insofar as they pertain to your Student account. ASE may also collect activity information, such as application logs, page visits, streaming data, usage information, data files, information collected by cookies, IP addresses, browser information, and metrics generated in the normal operation of ASE.
f) ASE may use an analytical tool (such as Google Analytics) to collect and process analytical data about users of ASE’s services in general, and of your content and your Student account. The latter information will be kept private and shared only with you, as part of the Service. It may also be used, however, to assist ASE in operating, evaluating and improving the Service and its business in general, including developing new products and services;
g) ASE may use your information to process payments, to provide the required invoices, statements and reports to you, in order to perform accounting, auditing, billing, reconciliation and collection activities, and to respond to your inquiries;
h) ASE will use your information: to perform data analyses and data aggregation, all of which will be provided to you as part of the Service; to comply with law enforcement requests and other legal obligations; to maintain or create current and prospective service engagements, partnerships or vendor relationships (including technical support); to apply and enforce ASE’s Terms of Use, Student Code of Conduct, and other agreements and policies; to protect the rights, property, and safety of ASE, its employees, its users or others; to take measures to prevent fraud/money laundering and reduce credit risk; to comply with industry standards and ASE’s policies; to achieve other agreed outcomes, after providing you with specific notice at the time of collection of the information; when it is legally obliged to do so; and when it is necessary to do to ensure and improve the safety, security and performance of ASE’s products and services.
i) ASE will only store your Personal Data for as long as it is necessary for the fulfillment of the purpose for which it was collected, unless otherwise required or authorized by applicable law or South African government body such as the Council on Higher Education or the Department of Higher Education and Training. ASE will never rent nor sell your Personal Data to anyone.
j) ASE will use reasonable physical, managerial, and technical security measures to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access, including by its employees and service providers, but ASE cannot warrant the privacy or integrity of your information beyond the taking of its own reasonable business measures. It is your responsibility to assist ASE in protecting the security of your data by selecting and appropriately protecting your password/s, by limiting access to your account, by signing out when the account is not in use, and by taking all reasonable measures to protect your own information and hardware.
k) Staff may add or update your information on ASE, including your username and password, e-mail address, and student profile information, at any time. Where required by law, we will obtain your prior consent at the time of collection, for certain processing of Personal Data, such as for marketing purposes. If we rely on your consent for the processing of your Personal Data, you have the right to withdraw your consent at any time and, when you do so, this will not affect the lawfulness of the processing done before your consent withdrawal.
l) Subject to applicable law, you have the right to: obtain confirmation that ASE holds Personal Data about you, request access to and receive information regarding such Personal Data, receive copies thereof, exercise your right to data portability, update and correct inaccuracies in your Personal Data, object to or restrict the processing of your Personal Data, and have such information blocked, anonymized or deleted, as appropriate.
m) If you provide us with any Personal Data relating to another individual, you should make sure that such sharing and our further use as described to you from time to time, is in accordance with applicable laws, or takes place with that person’s consent. It is your responsibility to duly inform that individual on the processing of her/his Personal Data and obtain her/his consent, as may be necessary under applicable laws.
n) ASE will not collect any data (including performer/composer credits) pertaining to children under 18 years of age without guardian’s consent. Where you intend to submit information pertaining to a person under the age of 18, it is your responsibility to ensure that such guardian’s consent has been given. If ASE learns that it has collected any Personal Data from you regarding children under 18 without appropriate consent, ASE’s management will promptly take steps to delete such information and, where necessary, terminate the account.
o) In order to properly provide the Service, ASE may transfer your Personal Data to recipients in countries other than the country in which the data was originally collected. The laws in those countries may not offer the same level of data protection as the country in which the data was initially provided. When ASE transfers your Personal Data to recipients in other countries, it will protect the data as described in this Privacy Policy.
7. WARRANTIES AND DISCLAIMER
To upload content to the ASE ‘s Learning Management System or any other cloud service controlled by ASE you must own, control or have the permission/right to use (including permission from ASE) the copyrights so uploaded or stored on ASE’s systems. You therefore warrant verify and acknowledge that:
a) you own ,control or have the permission/ right to use the copyrights in all sound recordings uploaded by you and are not restrained by any agreement, law, interdict, order, lien or other restriction from doing so; or you have acquired all necessary permissions and licenses from the owner (or other authorized party) to upload the sound recordings, which permissions and licenses shall not expire while the sound recordings are available to ASE; and
b) you own ,control or have the permission /right to use the copyright in all audio-visual recordings (videos) uploaded by you and are not restrained by any agreement, law, interdict, order, lien or other restriction from doing so; or you have acquired all necessary permissions and licenses from the owner (or other authorized party) to upload the videos, which permissions and licenses shall not expire while the videos are available to ASE; and
c) you own ,control or have the permission /right to use the copyright in all musical and literary works underlying the sound recordings and/or videos uploaded by you, and are not restrained by any agreement, law, interdict, order, lien or other restriction from uploading the sound recordings and/or videos of the works; or you have acquired all necessary permissions and licenses pertaining to the use of such musical and literary works, including but not limited to: mechanical licenses, synchronization licenses, public performance licenses, ‘making available’ licenses and ‘communication to the public’ licenses, where applicable, which permissions and licenses shall not expire while the works are being used on ASE; and
d) you own, control or have the permission /right to use the copyright in all photographs and other images uploaded or stored after images uploaded by you and are not restrained by any agreement, law, interdict, order, lien or other restriction from doing so; or you have acquired all necessary permissions and licenses from the owner (or other authorized party) to upload or store photographs and other images, which permissions and licenses shall not expire while the photographs and images are available on ASE; and
e) (where applicable) you are entitled to perform any content that is made available by you or to you at ASE by way of live streaming, in which case all warranties made herein shall be applicable mutatis mutandis; and
f) where content is not provided by ASE, you shall provide the appropriate meta-data for all content uploaded or streamed where applicable, and you shall be responsible for the completeness and accuracy thereof; and
g) where content is not provided by ASE, you are not infringing or violating the rights of any third party including, without limitation, any privacy rights, publicity rights, copyrights, contractual rights, or any other intellectual property or proprietary rights. In consequence, you shall be liable for any amounts owing to, and any claims made by, any third parties in respect of the content uploaded or stored by you, including but not limited to: authors, co-composers, copyright holders, neighbouring rights holders, publishers, recording companies, managers, arrangers, producers, performers (featured and non-featured), licensors, collective management organizations, investors and business partners, and you hereby absolve and hold harmless ASE, as well as its owners, directors, associated individuals, associated companies and providers, from liability for any such claims by third parties; and
h) you are, by submitting an upload or stream, or submitting content on ASE’s systems, granting ASE and its owners the non-exclusive right to facilitate the use of the content uploaded or streamed for the time for which the upload or stream appears or is made available, and for the purpose of the agreement between you and ASE. Your grant of these rights, which include the rights of public performance, making available to the public, communication to the public, digital distribution, reproduction, transmission and playback, may be withdrawn by you at any time; and
i) you hereby grant ASE the right to make 30-second clips of your content, and, at its discretion, to make such clips available to the public on any medium, for purposes only of marketing ASE’s programmes, after prior notification to you.
j) where content is not provided by ASE, you indemnify ASE and its associated companies, individuals, officers, directors, employees and providers, from all losses and liabilities, including legal fees, that may arise from this agreement/these Terms, or that relate in any way to your use of ASE. ASE reserves the right to cede or assign any action or defense to you, or, in its discretion, to take exclusive control over the defense of any claim covered by this clause, in which event you agree to assist ASE in its defense. To the extent permitted by law, ASE and its associated companies, individuals, officers, directors, employees and providers are not liable to you for any incidental, consequential or other damages arising out of these terms, or your use or attempted use of ASE. ASE is specifically not liable for loss associated with delicts, unfulfilled benefits or losses caused by conflicting contractual agreements;
k) you must be 18 or over to sign this contract, or if you are not, you must have your guardian’s consent. You must also have the consent of any third party minor’s guardian to use the minor’s content or information. You must also have a minor’s guardian’s consent to use the minor’s content or information on your account. If a guardian is assisting you, you will find a form on the Payment Page for your guardian/the minor’s guardian to fill in his/her information, and a declaration which will comprise his/her consent and assistance. If you consent to these Terms of Use and do not fill in the Guardian’s Details and Consent on the Payment Page of this agreement, you are warranting that you are not a minor, that you are not under any curatorship or administration, and that you have full contractual capacity to enter into this agreement. You are also warranting that no content or information relating to an unassisted minor (including performance and composition credits) is being furnished by you.
8. GENERAL TERMS AND CONDITIONS
All students must have interviews before they may register.
1. This contract of enrolment together with the fee structure, debit order contract, Alternative Payment Arrangement Contract, books and kits list, all of which are not transferable to any other person, comprise the entire agreement between Academy of Sound Engineering (Pty) Ltd (ASE/The Academy), the student (reflected above), the student’s guardian where applicable, and the person paying the fees where applicable. No amendment or alteration to this contract shall be of any force or effect unless reduced to writing and signed by ASE.
2. The student agrees to be bound by the rules and regulations of ASE, as well as any instructions or guidelines for student conduct that may be introduced by ASE or any of its authorised employees or representatives at any time. The student further agrees to follow the course curriculum and test/examination schedule set by the Academy. In addition, the student agrees to be bound by any disciplinary proceedings that may be brought by the Academy due to the student’s misuse of the Academy’s facilities or misconduct. The student shall furthermore be subject to the rules, protocols and policies of the SABC (Johannesburg Campus).
3. Liability for payment of fees by the signatories hereto shall be joint and several. The student, his/her guardian (where applicable), and the person responsible for account/co-principal debtor (where applicable) hereby agree that the fees and charges reflected in this contract of enrolment are fully due and payable, and undertake to make the payment(s) reflected herein as and when due. Payments are due by no later than the start of the programme, including fees paid by student loan. The payment of fees and the responsibility to pay fees, shall not in any way be affected by the student’s failure to access the Service, or to attend lectures, practicals or any other instruction sessions, or by the student’s failure to pass the programme or any of its components. Any receipt of funds will always be allocated firstly towards any previous unpaid or partially paid invoices. This may have the effect that lump sum payment discounts cannot be credited against the account until the account is paid in full. Invoices that may cause such occurrence include unpaid assessment re-write invoices, or any other service or product delivered to the registered student as stipulated in this contract or any other enrolment or other contract entered into with ASE.
4. Registration is binding as of the date of signature. The student is hereby enrolled on the next intake of the programme reflected above. Registration may not be deferred to subsequent dates or years without the express written approval of ASE, which shall be given in ASE’s sole discretion only.
5. The terms and conditions contained herein that refer to any particular course shall be applicable mutatis mutandis to any other ASE course, whether full-time or part-time, for which the student may have enrolled, or may have been enrolled in accordance with ASE’s academic requirements and discretion to enroll students in the appropriate course.
6. It shall be within ASE’s power to facilitate payment of outstanding fees by measures such as suspension, withholding results, withholding access to ASE’s facilities, repossessing course materials and/or withholding or repossessing any of the other privileges of student status until payment has been made. Such facilitation of measures by the Academy shall in no way absolve the signatories hereto of their responsibilities to pay fees in full. Where the student is suspended due to non-payment, it is understood that the student’s resumption of studies may be delayed, at ASE’s discretion, to a later time and to an intake which has adequate space for the student.
7. It is agreed that the parties recording their details in this Enrolment bind themselves in their personal capacities, jointly and severally, as sureties and co-principal debtors in solidum for the full amounts due to ASE, and agree that the terms hereof shall apply mutatis mutandis to each. The benefits of division and excusion are excluded.
8. Where payments are outstanding, the Academy shall have the right to charge interest at two per cent above the prime overdraft rate as announced by Standard Bank of South Africa Limited from time to time, calculated on the amount paid late from due date until date of actual payment, and to claim damages. Any legal or collection charges incurred by ASE in recovering amounts owed by the student or other signatories in terms hereof shall be borne by such signatory or signatories, including legal fees on the attorney-client scale and R20,000.00 court security in lieu of costs (which shall be mandatory in terms hereof, prior to litigation.) The student agrees that ASE shall not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate’s Court, in particular the Randburg branch (JHB Campus) and the Cape Town branch (CPT Campus) which, it is agreed, shall have jurisdiction over all matters in terms hereof. The Academy may hand the student and person responsible for account/co-principal debtors over for collection should it be deemed necessary, and may list the student and person responsible for account/co-principal debtor at Credit Bureaux. Any discounts passed will be forfeited if the account is in arrears.
9. A student will not be allowed to articulate downwards in their current year of study unless ASE in its sole discretion deems that the student is better placed in such a programme with a lower credit allocation than the current enrolled programme. As a rule, downward articulation is not permitted.
10. No cancellation of this contract shall be of force and effect unless agreed to in writing by an authorised representative of ASE, and it shall at all times be a matter for ASE’s sole discretion whether to accept or not to accept a student’s application for cancellation of enrolment, and whether or not to hold the student or other signatory hereto responsible for fees, either in whole or in part. Under no circumstances shall fees paid become refundable, and under no circumstances shall the signatories hereto be absolved from liability to pay fees, without ASE’s written approval, confirmed by a Director of ASE. Fees paid in excess of the amount owing on a current course shall be deemed to be payment or partial payment towards the subsequent course, toward a repeat or partial repeat of the current course’s study or towards the next course that can be studied by the student, in ASE’s discretion. In such case of excess payment, this enrolment contract shall continue to be applicable, mutatis mutandis, as a binding enrolment contract for such next course, repeat or partial repeat, in the sole discretion of ASE. Accounts in credit may be held for a period of 5 (five) years, in accordance with the Academy’s Academic Rules, which permit an academic credit to be carried for such period.
11. ASE reserves the right to cancel scheduled programmes due to insufficient demand or any other reason. Should such cancellation take place, and should no alternative be offered by ASE, then any fees paid in respect of such cancelled course(s) shall be refunded within a reasonable time into the same account from which payment was made, or into the account of the person who made the payment. No interest shall be payable in such cases.
12. ASE shall have the right to re-schedule delivery, re-schedule lectures, combine classes and on-line groups, split the delivery of tuition or re-arrange the timetable as it deems necessary. The student acknowledges that, due to the nature of the industry, he/she may be required to undergo practicals, projects, practical sessions at times outside normal hours, and at night. Online delivery will take place at any time (and, in respect of practical content, a place) chosen by ASE.
13. It shall be within ASE’s discretion to cancel lectures, practicals or any other component of the programme due to vis maior or any other reason. In such cases, while the Academy shall make every reasonable effort to ensure that the programme curriculum is covered, no warranty can be made as to the exact number of hours to be made up, nor the delivery mode.
14. Should a student have to repeat a learning unit for non-attendance and/or failure, then the student will be charged the fees payable for those repeats.
15. The student and other signatories acknowledge that no representations or warranties were made by ASE in regard to the services rendered, or any of their qualities, leading up to this agreement, and the student further acknowledges that neither ASE, nor any of its corporations, employees, members, partners, shareholders or office-bearers, will be liable for any reliance placed by the student on any statement.
16. The student hereby indemnifies ASE and holds it (and its directors, officers and shareholders) harmless and free from liability in respect of any claim for direct or consequential loss, damage, death, injury or any other cause, suffered as a direct or indirect result of the student’s enrolment, studies, sessions, use of ASE’s facilities, practical assignments, excursions, field trips, outside events and travel (in particular, vehicle accidents) in respect of any of the above. All studies and use of ASE’s and other facilities and attendance at events take place at the student’s own risk, and it is specifically recorded that the parties do not contemplate that the student can suffer any special or consequential damages or loss of profits due to any act or omission by ASE in connection with his/her studies or the practical application thereof.
17. The student warrants that he/she will not take part in any unlawful conduct while using the Academy premises or online facilities, and will not involve the Academy in the commission of any unlawful act. The student will abide by the Academy’s rules and regulations as published in the Student Handbook and Prospectus. The student and/or Account Payer agree to be liable for any damage to Academy equipment or software caused by the Student in any way. Payment for such liability will be by way of invoice payable on demand.
18. The student will respect the confidentiality of ASE’s intellectual property and shall not attempt to access or alienate any records or materials used in ASE’s business. Such records and materials shall include course materials, recordings, e-mails, scans, transcripts, disks, storage devices, computer tapes, course projects, student hand-outs, practical assignments, Learner Management System content and any other representation of ASE’s programmes and activities, the copyright in all of which vests in the Academy, whether or not the intellectual property was originated by ASE. While the copyright in all materials created solely by a particular student using ASE’s facilities will, unless otherwise stated, vest in such student, the student hereby grants the Academy the perpetual license to use such materials for marketing, teaching, compilation and other purposes other than direct exploitation for profit.
19. No indulgence afforded by ASE to the signatories hereto shall affect any of ASE’s rights in terms hereof, none of which shall be waived under any circumstances. No variation or amendment of, addition to, deletion from or consensual cancellation of this agreement or any of its terms or waiver of any term of this agreement shall be effective unless in writing and signed by the Parties.
20. No student may at any time disrupt the learning of other students, motivate or militate for any other student not to complete academic processes or assessments, nor attempt to interrupt the learning or assessment of any other student. Any student found to have contravened this rule shall be subject to immediate expulsion without refund.
21. Any document will be deemed to have been duly presented to the student or other signatory within twenty-four hours of being e-mailed to the student’s or other signatory’s e-mail address.
22.CONSUMER PROTECTION ACT NO 68 OF 2008 (The Act):
1. The parties hereby agree that:
a) the transaction reflected herein did not occur as a result of direct marketing as contemplated by Section 16 of the Act, and therefore that no “cooling-off” period is applicable;
b) This agreement is governed by, and is enforceable for, the maximum period permitted by applicable consumer laws. Should the student not sign a subsequent (second year, third year or learning unit) enrolment contract on conclusion of the first year of this agreement, whose term shall begin at the inception of the programme enrolled for, this agreement shall continue to apply mutatis mutandis for the subsequent academic year, being 2026. The student is required to sign all documentation necessary to give effect to his/her continued enrolment at the Academy for all years of study until full completion of the qualification for which he/she has enrolled in terms hereof. Any intention not to honour this requirement must be furnished by the student and the account payer in writing by no later than 01 September of the prior year, and in such case, the acceptance or rejection of that written position shall be within the discretion of the Academy. The contractual terms included in this Agreement, as well as the student Code of Conduct, Prospectus, rules and other policies shall continue to be applicable from one year to the next, during the entire period of the student’s enrolment at the Academy. In terms of Section 14 of the Act, this is not a fixed monthly contract for monthly services, whether or not the account is paid by monthly debit order. This contract is fixed until the end of the programme selected by the Student, or until all subjects have been successfully completed by the student (who may be required to re-do subjects due to failure or non-attendance), and until full payment therefor has been received, whichever comes last. Therefore, the expiry date of the contract shall only be after the conclusion of delivery of the programme for which enrolled, after successful completion of every subject comprising the programme period/year of study by the student, and/or after payment has been received by ASE. Thus, no cancellation of this contract by the student may take place without full liability for fees in respect of services rendered by ASE during that academic year of study/fixed period (or indeed the maximum two-year period, whichever is the longer), contemplated by the Act; All obligations arising from this contract shall survive the expiry of the contract period, including the responsibility to pay fees in full.
23. The student and other signatories choose as domicilia citandi et executandi the addresses reflected herein. ASE’s domicilium shall be 82 Richmond Avenue, Auckland Park, Johannesburg, South Africa.
24. The invalidity of any part of this agreement will not affect the validity of any other part, which shall be deemed severable there from.
25. The Student agrees that he/she shall, by clicking on the link below, be liable to Academy of Sound Engineering (Pty) Ltd for all amounts owed hereunder.
26. This agreement shall be governed by the laws of South Africa.
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