Beevendaal Academy Membership Agreement and Terms of Service


A. DEFINATIONS

For the purposes of this Membership Agreement and Terms of Service, the following terms shall have the meanings assigned to them below unless the context indicates otherwise:

  1. Academy means Beevendaal Academy, an educational programme operated and administered by Kuduworks Schools, together with its authorised employees, tutors, administrators, contractors and representatives.

  2. Agreement means these Membership Terms and Conditions, together with any schedules, policies, notices and amendments issued by the Academy from time to time.

  3. Learner means the student registered by the Parent or Legal Guardian to receive educational services from the Academy.

  4. Parent means the biological parent, legal guardian, sponsor or any person who accepts responsibility for the Learner's registration, tuition fees and compliance with this Agreement.

  5. Membership means the Learner's active enrolment with the Academy, entitling the Learner to receive tuition services subject to this Agreement.

  6. Tuition Services means all academic support services provided by the Academy, including physical classes, online classes, workshops, revision sessions, assessments, study material and any additional educational services offered.

  7. KUDU Portal means the Academy's online platform through which Parents and Learners access academic information, attendance records, announcements, billing information, reports, educational resources and other Academy services.

  8. Billing Date means the date on which tuition fees and any other applicable charges become due for payment, unless otherwise communicated in writing.

  9. Centre means any school, venue or facility at which the Academy conducts educational activities.

  10. Business Day means any day other than a Saturday, Sunday or recognised public holiday within the Republic of South Africa.

  11. Writing includes communication by email, the KUDU Portal, SMS or WhatsApp where the Academy has approved such communication as an official communication channel.


B. MEMBERSHIP AGREEMENT

  1. This Agreement governs the relationship between the Academy and the Parent in respect of the Learner's membership and participation in all Academy programmes.

  2. By completing the registration process, making payment towards tuition fees or permitting the Learner to attend any Academy class, programme or event, the Parent confirms that they have read, understood and accepted this Agreement.

  3. The Parent confirms that they have the legal authority to register the Learner and to enter into this Agreement on the Learner's behalf.

  4. Membership is personal to the registered Learner and may not be transferred to another person.

  5. Membership remains subject to continued compliance with this Agreement, payment of applicable fees and adherence to Academy policies.

  6. The Academy reserves the right to refuse, suspend or terminate membership where it reasonably believes continued membership would not be in the best interests of the Academy, its staff or other learners, provided such action is taken fairly and in accordance with applicable law.



C. REGISTRATION

  1. Registration shall only be regarded as complete once:
    • all required registration information has been submitted;
    • the Parent has accepted this Agreement;
    • any required registration or initial fees have been paid; and
    • the Academy has confirmed acceptance of the application.

  2. Submission of a registration application does not automatically guarantee admission.

  3. The Academy reserves the right to decline any application where:
    • capacity has been reached;
    • required documentation is incomplete;
    • false or misleading information has been provided;
    • previous disciplinary or financial matters remain unresolved; or
    • admission would reasonably prejudice the Academy or its learners.

  4. The Parent shall ensure that all information supplied during registration remains accurate and up to date.

  5. Any change in contact details, emergency contacts, medical information or school information must be communicated to the Academy without unreasonable delay.



D. PARENT AND LEARNER RESPONSIBILITIES

  1. Parent Resposibilities
    The Parent agrees to:
    • ensure that all tuition fees and other approved charges are paid on or before the applicable due dates;
    • regularly monitor official communications issued through the KUDU Portal, email, SMS or WhatsApp;
    • maintain accurate contact information;
    • support the Learner's attendance and academic progress;
    • notify the Academy of any significant medical, behavioural or learning condition that may reasonably affect the Learner's participation;
    • treat Academy staff, tutors and fellow parents with courtesy and respect.

  2. Learner Resposibilities
    Each learner shall:
    • attend classes punctually;
    • arrive with the required learning materials;
    • complete assigned academic work;
    • comply with instructions given by Academy staff;
    • behave respectfully towards staff and fellow learners;
    • refrain from bullying, discrimination, harassment or intimidation;
    • refrain from bringing illegal substances, dangerous items or prohibited materials onto Academy premises;
    • use Academy property responsibly.

  3. Persistent misconduct may result in disciplinary action, including temporary suspension or termination of membership.



E. TUITION SERVICES

  1. The Academy shall provide educational support services designed to supplement the Learner's school education.

  2. Tuition may be delivered:
    • In Person;
    • Online;
    • Through hybrid learning;
    • through workshops;
    • revision programmes;
    • holidays programmes;
    • any other educational format reasonably determined by the Academy.

  3. The Academy shall determine:
    • teaching methodology;
    • lesson structure;
    • tutor allocation;
    • class size;
    • educational resources;
    • assessment methods;

  4. The Academy reserves the right to substitute tutors where reasonably necessary.

  5. While the Academy strives to provide continuity wherever possible, no Parent shall have the right to insist upon a particular tutor.

  6. Tuition services are educational support services and shall not replace the Learner's obligations towards their registered school.



G. ATTENDANCE

  1. Regular attendance is essential for academic progress.

  2. Parents are responsible for ensuring that Learners attend scheduled classes punctually.

  3. Where a Learner cannot attend, the Parent should notify the Academy before the scheduled class where reasonably possible.

  4. Tuition fees remain payable irrespective of the Learner's attendance unless otherwise expressly agreed in writing.

  5. The Academy is under no obligation to repeat lessons missed due to learner absence.

  6. Persistent absenteeism without reasonable explanation may result in academic support being withdrawn or membership being reviewed.

  7. Attendance records maintained by the Academy shall constitute prima facie evidence of attendance unless proven otherwise.



H. FEES AND BILLING

  1. Tuition Fees
    The Parent agrees to pay all tuition fees, membership fees and any other approved charges applicable to the Learner's membership.
    The applicable fee schedule shall be communicated during registration and may be updated from time to time. The Academy shall provide reasonable notice before implementing any changes to tuition fees.

  2. Billing Date
    Unless otherwise agreed in writing, tuition fees shall become due on the 1st day of every billable month.
    December tuition billed to returning learners shall constitute payment for January tuition of the following academic year. Consequently, no separate tuition fee shall be billed during January for those learners.

  3. Continuing Membership
    Monthly billing shall continue until the Learner has been formally deregistered in accordance with this Agreement.
    Non-attendance shall not constitute cancellation of membership and shall not suspend or cancel the Parent's payment obligations.

  4. Additional Charges
    The Academy may charge additional fees relating to educational services including, but not limited to:
    • Study guides;
    • Printed learning material;
    • Educational resources;
    • Examination preparation material;
    • Academic workshops;
    • Educational excursions;
    • Competitions;
    • Special events.
    Such charges shall be communicated to the Parent before they become payable.

  5. Payment Currency
    All fees shall be payable in South African Rand (ZAR).



I. PAYMENT METHODS

  1. Approved Payment Method
    The Academy utilises secure online payment facilities through its authorised payment service provider.
    Unless expressly approved otherwise, tuition fees shall be collected electronically through the payment account linked during registration.

  2. Debit Authority
    By registering the Learner, the Parent authorises the Academy, through its authorised payment provider, to process recurring monthly payments for all amounts lawfully due under this Agreement.

  3. Failed Transactions
    Where a scheduled payment cannot be successfully processed for any reason, the Academy may:
    • retry the transaction;
    • notify the Parent;
    • suspend access to tuition services;
    • recover any applicable administration charges permitted by law.

  4. Payment Responsibility
    It remains the Parent's responsibility to ensure that:
    • sufficient funds are available;
    • banking information remains accurate;
    • payment authorisations remain active.
    Failure by the payment provider to process a transaction shall not extinguish the Parent's obligation to pay outstanding fees.



J. OUTSTANDING ACCOUNTS

  1. Suspension
    Where tuition fees remain unpaid after the applicable due date, the Academy reserves the right to temporarily suspend:
    • attendance at classes;
    • access to the KUDU Portal;
    • access to educational resources;
    • participation in Academy events;
    • academic support services
    Such suspension shall continue until the account has been brought up to date.

  2. Partial Payments
    Unless the Academy has expressly agreed otherwise in writing, partial payment shall not entitle the Learner to continue receiving services.

  3. Collection of Outstanding Fees
    The Academy reserves the right to recover any outstanding fees through lawful collection procedures.
    The Parent shall remain liable for all outstanding tuition fees together with any lawful costs incurred in recovering unpaid amounts where permitted by applicable legislation.

  4. Historical Debt
    The Academy may refuse future registration where previous accounts remain unpaid.



K. STATIONERY AND EDUCATIONAL RESOURCES

  1. Annual Educational Resources
    The Academy may require Learners to contribute towards the cost of educational resources including:
    • Study guides;
    • Printed notes;
    • Worksheets;
    • Revision material;
    • Academic files;
    • Learning packs;

  2. Resource Fees
    Where applicable, resource fees shall be communicated before becoming payable.
    Unless otherwise stated, such fees are separate from monthly tuition fees.

  3. Ownership
    Educational resources supplied by the Academy remain intended solely for the registered Learner.
    Study guides developed by the Academy remain the intellectual property of the Academy notwithstanding delivery to the Learner.

  4. Refunds
    Where educational resources have already been ordered, printed or allocated to the Learner, related charges shall generally not be refundable unless required by applicable law.

  5. Suspension for Outstanding Resource Fees
    The Academy reserves the right to suspend access to certain educational resources where applicable resource fees remain outstanding.



L. WITHDRAWAL OF MEMBERSHIP

  1. Notice of Withdrawal
    The Parent may withdraw the Learner from the Academy at any time by providing written notice through an approved communication channel.
    Approved communication channels include:
    • Email;
    • WhatsApp;
    • Written notice delivered to the Academy.

  2. Notice Period
    To prevent further monthly billing, written notice should reach the Academy at least five (5) calendar days before the next scheduled billing date.
    Where notice is received after billing has already taken place, the current billing period shall remain payable.

  3. Effective Date
    Withdrawal shall become effective on the date confirmed by the Academy.
    The Learner may continue attending classes already paid for unless suspended for another reason under this Agreement.

  4. Re-admission
    Former Learners wishing to return to the Academy shall be required to complete a new registration process.
    The Academy does not guarantee that space will be available following withdrawal.

  5. Suspension for Outstanding Resource Fees
    The Academy reserves the right to suspend access to certain educational resources where applicable resource fees remain outstanding.



M. REFUND POLICY

  1. General Policy
    The Academy prepares teaching schedules, allocates tutors, reserves class capacity and incurs administrative costs based upon confirmed enrolments.
    Accordingly, refunds shall only be granted where required by law or where expressly approved by the Academy.

  2. Tuition Fees
    Tuition fees already earned through the provision of educational services shall generally not be refundable.

  3. Advance Payments
    Where tuition has been paid in advance, any refund shall be determined after deducting:
    • tuition already provided;
    • educational resources already supplied;
    • administration costs reasonably incurred;
    • any other lawful deductions permitted under applicable legislation.

  4. Resource Fees
    Study guides, printed resources and customised educational material shall generally not be refundable once production or procurement has commenced.

  5. Exceptional Circumstances
    The Academy may, in its sole discretion, consider refunds or credits in exceptional circumstances, including prolonged medical incapacity, relocation or other compelling reasons, provided satisfactory supporting documentation is supplied.

  6. Compliance with Applicable Law
    Nothing in this Agreement shall limit or exclude any rights afforded to Parents under the Consumer Protection Act, 2008, or any other applicable South African legislation.



N. THE KUDU PORTAL

  1. Purpose of the Kudu Portal
    The KUDU Portal is the Academy's official digital platform through which Parents and Learners may access educational information, attendance records, academic progress, announcements, invoices, statements, payment history, schedules and other services provided by the Academy.
    The Academy reserves the right to introduce additional features or discontinue existing features where reasonably necessary.

  2. Parent Responsibilities
    The parent agrees to:
    • regularly monitor the KUDU Portal for announcements and updates;
    • ensure login credentials remain confidential;
    • immediately notify the Academy of any suspected unauthorised access;
    • ensure that information displayed on the Portal is not intentionally altered, copied or misused.

  3. Learner Responsibilities
    Learners shall use the Portal solely for legitimate educational purposes.
    Learners may not:
    • attempt to gain unauthorised access to any account;
    • upload malicious software;
    • interfere with the operation of the Portal;
    • distribute Academy material without permission;
    • impersonate another user.

  4. Official Communication
    The Parent acknowledges that the Academy may communicate official notices through:
    • the Kudu Portal;
    • email;
    • SMS;
    • WhatsApp; or
    • any other official communication channel introduced by the Academy.
    Unless the Parent proves otherwise, any communication issued through these channels shall be deemed to have been received within 24 hours after being sent.

  5. Availability
    Although the Academy shall use reasonable efforts to maintain uninterrupted Portal access, the Portal may occasionally become unavailable due to:
    • maintenance;
    • software updates;
    • internet failures;
    • electricity interuptions;
    • cybersecurity incidents;
    • circumstances beyond the Academy's reasonable control.
    Temporary unavailability shall not constitute a breach of this Agreement.

  6. Suspension of Portal Access
    The Academy reserves the right to suspend Portal access where:
    • accounts are seriously overdue;
    • misuse has occurred;
    • fraudulent activity is suspected;
    • access presents a security risk.



O. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

  1. Collection of Information
    The Academy collects personal information reasonably necessary to provide educational services, administer membership and comply with legal obligations.
    Such information may include:
    • Parent information;
    • Learner information;
    • contact details;
    • school information;
    • attendance records;
    • academic performance;
    • billing information;
    • emergency contacts;
    • medical information voluntarily disclosed by the Parent.

  2. Purpose
    Personal information may be used for:
    • administration;
    • communication;
    • academic support;
    • biiling;
    • reporting;
    • educational planning;
    • legal compliance;
    • maintaining learner records.

  3. Protection
    The Academy shall implement reasonable technical and organisational measures to safeguard personal information against:
    • unauthorised access;
    • loss;
    • misuse;
    • destruction;
    • unlawful disclosure.

  4. Disclosure
    The Academy shall not sell personal information.
    Information may only be disclosed:
    • where required by law;
    • with the Parent's consent;
    • to authorised service providers assisting the Academy;
    • where necessary to protect the Learner or another person.

  5. POPIA
    The Academy processes personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA) and any applicable South African legislation.

  6. Parent Rights
    Subject to applicable law, the Parent may request:
    • access to personal information;
    • correction of inaccurate information;
    • deletion where legally permissible;
    • withdrawal of consent where processing depends upon consent.



P. INTELLECTUAL PROPERTY

  1. Ownership
    All educational material produced by or on behalf of the Academy remains the exclusive intellectual property of Kuduworks Schools unless otherwise indicated.
    This includes but is not limited to:
    • study guides;
    • worksheets;
    • lesson plans;
    • presentations;
    • assessments;
    • examination preparation material;
    • videos;
    • Portal content;
    • software;
    • graphics;
    • branding;
    • logos.

  2. License
    The Academy grants the registered Learner a limited, non-transferable licence to use educational material solely for personal educational purposes

  3. Restrictions
    No Parent or Learner may, without prior written permission:
    • reproduce Academy material;
    • sell Academy material;
    • publish Academy material;
    • upload Academy material to the internet;
    • distribute Academy material commercially.

  4. Copyright Infringement
    The Academy reserves all legal remedies available where its intellectual property rights are infringed.

  5. Compliance with Applicable Law
    Nothing in this Agreement shall limit or exclude any rights afforded to Parents under the Consumer Protection Act, 2008, or any other applicable South African legislation.



Q. ONLINE LEARNING

  1. Delivery
    The Academy may deliver tuition services through online platforms whenever reasonably necessary.

  2. Technical Requirements
    Parents are responsible for ensuring that the Learner has:
    • a suitable device;
    • internet access;
    • adequate connectivity;
    • a suitable learning environment.

  3. Recording
    The Academy may record online classes for educational, quality assurance or safeguarding purposes where permitted by law. Any recordings remain the property of the Academy.

  4. Conduct
    The same behavioural standards applicable to physical classes apply equally to online classes. The Academy may remove any participant whose conduct disrupts online learning.



R. PHOTOGRAPHY, VIDEO AND MEDIA

  1. Educational Activities
    From time to time, the Academy may photograph or record educational activities for administrative, educational or promotional purposes.

  2. Consent
    Where consent is required by law, the Academy shall obtain appropriate consent before publishing identifiable photographs or videos of Learners. Parents may withdraw such consent in writing at any time, subject to material already published or lawfully distributed.

  3. Internal Use
    Photographs or recordings used solely for attendance verification, safeguarding, academic records or internal administration shall not require additional promotional consent where permitted by law.

  4. Promotional Material
    Subject to applicable law and any consent requirements, the Academy may use photographs and videos in:
    • brochures;
    • social media;
    • websites;
    • newsletters;
    • educational presentations;
    • marketing material.

  5. Ownership
    All photographs, recordings and media created by or for the Academy remain the property of the Academy unless otherwise agreed in writing.



S. CODE OF CONDUCT

  1. General Standard
    The Academy is committed to providing a safe, respectful and academically focused learning environment. Every Learner, Parent, staff member and visitor is expected to contribute positively towards this environment.

  2. Learner Conduct
    Learner shall:
    • treat all staff, tutors and fellow learners with dignity and respect;
    • follow all lawful instructions issued by Academy staff;
    • attend classes prepared and on time;
    • participate positively in learning activities;
    • care for Academy property and the property of others;
    • uphold the reputation and values of the Academy.

  3. Prohibited Conduct
    Without limitation, the following conduct constitutes misconduct::
    • bullying or cyberbullying;
    • discrimination, harassment or intimidation;
    • physical violence or threats of violence;
    • possession or use of illegal drugs or alcohol;
    • possession of dangerous weapons or prohibited items;
    • theft, vandalism or intentional damage to property;
    • disruptive behaviour that interferes with teaching;
    • abusive, vulgar or offensive language;
    • cheating, plagiarism or academic dishonesty;
    • misuse of Academy technology or the KUDU Portal;
    • recording staff or learners without permission where prohibited by law;
    • any conduct that places another person's safety or wellbeing at risk.

  4. Parent Conduct
    Parent shall:
    • communicate respectfully with Academy staff;
    • refrain from abusive, threatening or defamatory behaviour;
    • cooperate reasonably in resolving concerns;
    • avoid disrupting tuition sessions or Academy operations.
    The Academy reserves the right to restrict access to its premises where a Parent's conduct poses a risk to staff, learners or Academy operations.

  5. Reporting Misconduct
    Learners and Parents are encouraged to report any misconduct, bullying, discrimination or safety concern to the Academy as soon as reasonably possible.
    Reports shall be handled confidentially to the extent reasonably practicable.



T. DISCIPLINARY PROCEDURES

  1. General Principle
    Disciplinary measures shall be educational, fair and proportionate to the seriousness of the misconduct.

  2. Possible Disciplinary Measures
    Depending on the circumstances, the Academy may implement one or more of the following measures:
    • verbal warning;
    • written warning;
    • counselling;
    • Parent consultation;
    • temporary removal from a lesson;
    • behavioural agreement;
    • suspension;
    • termination of membership.

  3. Serious Misconduct
    The Academy may immediately suspend a Learner pending investigation where there are reasonable grounds to believe that the Learner has committed serious misconduct or poses a significant risk to others.

  4. Investigation
    Before imposing serious disciplinary sanctions, the Academy shall make reasonable efforts to:
    • investigate the circumstances;
    • hear the Learner's explanation where appropriate;
    • consult the Parent where reasonably practicable.

  5. Termination of Membership
    Membership may be terminated for serious or repeated misconduct including, but not limited to:
    • violent conduct;
    • repeated bullying;
    • possession of illegal substances;
    • criminal activity;
    • serious threats to staff or learners;
    • repeated refusal to comply with Academy rules.
    Termination shall not automatically relieve the Parent of any outstanding financial obligations arising before termination.



U. HEALTH, MEDICAL MATTERS AND INFECTIOUS DISEASES

  1. Parent Responsibility
    The Parent shall disclose any medical condition, allergy, disability or other circumstance reasonably necessary for the Academy to provide appropriate educational support or respond effectively in an emergency.

  2. Medication
    Unless expressly agreed in writing, Academy staff are not responsible for administering medication to Learners.
    Where medication is required during Academy activities, the Parent shall make appropriate arrangements with the Academy in advance.

  3. Illness
    Parents shall not send a Learner to Academy activities where the Learner is suffering from a contagious illness that may reasonably place others at risk.
    Examples include, but are not limited to:
    • influenza;
    • chickenpox;
    • meningitis;
    • meningitis;
    • hand, foot and mouth disease;
    • tuberculosis where attendance restrictions apply;
    • any other communicable disease identified by a medical practitioner or public health authority.

  4. Medical Emergencies
    Where a medical emergency arises and the Parent cannot reasonably be contacted, the Academy may obtain emergency medical assistance for the Learner.
    Any associated medical costs shall remain the responsibility of the Parent unless otherwise provided by law or medical aid.

  5. Health Directives
    Parents and Learners agree to comply with any reasonable health or safety measures introduced by the Academy in accordance with applicable legislation or public health guidance.



V. SAFETY AND SUPERVISION

  1. Duty of Care
    The Academy shall exercise reasonable care in supervising Learners during scheduled Academy activities.
    Nothing in this Agreement shall require the Academy to provide continuous one-to-one supervision.

  2. Arrival and Departure
    Parents remain responsible for ensuring the safe transport of Learners to and from Academy activities.
    Unless otherwise expressly agreed, the Academy's responsibility begins when the Learner reports for the scheduled activity and ends when the scheduled activity concludes.

  3. Personal Property
    Learners remain responsible for their personal belongings.
    The Academy shall not be liable for loss, theft or damage to personal property unless caused by the Academy's negligence.

  4. Emergencies
    The Academy may take reasonable steps necessary to protect Learners during emergencies, including evacuation, temporary relocation or contacting emergency services.

  5. Security
    The Academy may implement reasonable security measures, including visitor controls, CCTV, access management or identification procedures where appropriate.



W. ACADEMIC PERFORMANCE DISCLAIMER

  1. Educational Support
    The Academy provides supplementary educational support designed to improve learning opportunities.

  2. No Guarantee
    The Academy does not guarantee:
    • examination results;
    • improved academic performance;
    • promotion to the next grade;
    • university admission;
    • bursaries or scholarships;
    • achievement of any particular academic outcome.

  3. Shared Responsibility
    Academic success depends upon numerous factors beyond the Academy's control, including:
    • learner attendance;
    • learner effort;
    • school curriculum;
    • home support;
    • health;
    • examination standards.
    Parents acknowledge that academic performance is a shared responsibility between the Learner, Parent, school and the Academy.

  4. Tutor Opinions
    Any advice, feedback or academic opinion expressed by Academy staff shall not constitute a guarantee of academic outcomes.



X. LIMITATION OF LIABILITY

  1. Reasonable Care
    The Academy shall exercise reasonable skill, care and diligence in providing its educational services.

  2. Limitation
    To the fullest extent permitted by applicable law, the Academy shall not be liable for indirect, incidental, consequential or economic losses arising from participation in Academy activities.

  3. Circumstances Beyond Control
    The Academy shall not be liable for losses arising from:
    • natural disasters;
    • strikes;
    • civil unrest;
    • utility failures;
    • internet interruptions
    • government actions
    • public health emergencies
    • any circumstance beyond the Academy's reasonable control.

  4. Personal Property
    Subject to applicable law, the Academy shall not be responsible for lost, stolen or damaged personal belongings unless such loss directly results from the Academy's negligence.

  5. Legal Rights
    Nothing in this Agreement excludes or limits any liability that cannot lawfully be excluded under the Consumer Protection Act, common law or any other applicable legislation.



Y. INDEMNITY

  1. Parent Acknowledgement
    The Parent acknowledges the inherent risks associated with participation in educational, sporting, recreational and extracurricular activities.

  2. Indemnity
    Subject to applicable law, the Parent agrees to indemnify and hold harmless the Academy, Kuduworks Schools, its directors, employees, tutors, contractors and authorised representatives against claims arising from:
    • the Learner's intentional misconduct;
    • damage caused by the Learner to Academy property;
    • injury or loss caused by the Learner to another person through unlawful conduct;
    • false or misleading information supplied during registration;
    • breach of this Agreement by the Parent or Learner.

  3. Limitation
    This indemnity shall not apply where the loss or damage results directly from the gross negligence, wilful misconduct or unlawful conduct of the Academy or any person for whom it is legally responsible.

  4. Survival
    The provisions of this Section shall survive the termination or expiry of this Agreement to the extent necessary to give effect to their purpose.