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The School Admissions Contract

Following are the Terms and Conditions of the School Admissions Contract for Koa Academy.

1. General

  1. Koa Academy (Pty) Ltd is a registered private company, with registration number 2020/779068/07, which provides online home education in the English language.

  2. Koa Academy reserves the right of admission and the right to remove a learner from Koa Academy once enrolled if it is deemed by Koa Academy to be in the best interests of any party, including but not limited to Koa Academy, teacher, the learner him/herself, other learners, and parents/guardians.

  3. Koa Academy makes use of “Pods” to group learners together in virtual classes according to various factors and each Pod is led by a teacher. Koa Academy reserves the right to place or move any learner to a Koa Pod based on, amongst other relevant factors, the learner’s age, geographic location, academic indicators, and social and emotional state.

2. Fees

  1. The first month’s school fees is required before the admission of a learner to Koa Academy will be confirmed.
  2. The parent/guardian (referred to herein as the ‘guardian’) agrees that the fees are payable in advance, annually or monthly. Where the fees are paid monthly, the fees are due no later than the 5th (fifth) calendar day of each month unless alternative arrangements have been agreed upon between Koa Academy and the guardian(s) of each learner.
  3. Should a learner be withdrawn from Koa Academy by the guardian, notice of 1 (one) full month, given in writing, must be submitted to Koa Academy, failing which the guardian will continue to be liable for school fees. The fees for the learner’s final month at Koa Academy are payable in full, regardless of whether the learner makes use of Koa Academy’s educational programme or not. To illustrate, if notice is given on 1 May, school fees are payable until 31 May. If notice is given on 15 May, school fees are payable pro-rata until 14 June.
  4. In the event of fees not being paid by the guardian in the required time period, Koa Academy may suspend and/or unenrol the learner.
  5. In the case of outstanding fees, Koa Academy reserves the right to suspend a learner indefinitely until all such arrears have been paid in full and/or levy interest on any outstanding amounts in accordance with the provisions applicable to incidental credit agreements in terms of the National Credit Act 34 of 2005.
  6. In the event that a learner has been suspended or unenrolled due to outstanding school fees, the reactivation of their account will only take place on condition that school fees going forward are settled via debit order.
  7. In the event that Koa Academy gives notice on the enrolment of a learner for other reasons (see the section on Termination below), full school fees will be payable by the guardian until the termination date.
  8. The guardian accepts responsibility for contacting Koa Academy should they have information which may impact the timeous payment of school fees, or should they require any clarity on their financial obligations.
  9. Refunds or rebates of school fees will not be given for the absence of a learner due to holidays, illness or suspension.
  10. Koa Academy reserves the right to change the school fees any time during the year, provided that guardians are given at least one month’s written notice of such change.
  11. The guardian may appoint a third-party person to be responsible for the payment of fees, as indicated in the application form. However, Koa Academy retains the right to claim any outstanding payment of fees directly from the guardian.
  12. In the event that legal action is taken against the guardian or nominated third party for any payment, the guardian accepts full liability for all legal costs incurred by Koa Academy for the recovery of such payment.
  13. Any particular concessions made by Koa Academy regarding payments are done so at its sole discretion and will not be considered a waiver of its right to insist on any owed amount being immediately paid in full.
  14. In addition to school fees, guardians will be responsible for any costs incurred in order for learners to effectively attend Koa Academy, including but not limited to costs related to electronic equipment and internet access.

3. Responsibilities

  1. The guardian accepts the responsibility of being the primary caregiver for the learner during school hours. This includes, but is not limited to: responsibility for ensuring the learner’s daily school attendance, physical supervision of the learner as necessary, monitoring the general online activities of the learner, and monitoring the progress and completion/submission of schoolwork.
  2. Koa Academy accepts responsibility for reporting to the guardian regarding the learner’s attendance, academic progress and completion of schoolwork.
  3. The guardian of the learner accepts full responsibility for the requirements of a home education parent in accordance with the guidelines laid out by the South African Department of Education. Koa Academy may not be held liable in the event that the guardian fails to meet any of the lawful requirements of a homeschool parent.
  4. Koa Academy is not required to substitute a teacher in the event of the teacher taking leave, until such leave exceeds two consecutive school days or three days per term (quarter). On such days, learners will retain full access to all learning material.

4. Conduct

  1. Koa Academy, the learners and the guardians agree to conduct themselves in accordance with the Code of Conduct and all school specific policies made available by Koa Academy from time to time.
  2. The guardian acknowledges that the Code of Conduct is not exhaustive, and reasonable action may be taken by Koa Academy in line with, but outside the prescribed protocol of the Code of Conduct.
  3. Koa Academy reserves the right to suspend a learner in the event that they are the subject of a pending disciplinary hearing in order to protect other learners, guardians or the school.

5. Termination

  1. The guardian may, for any reason, give 1 (one) full month’s written notice to terminate this School Admissions Contract. The guardian will be liable for school fees until the date of termination of the School Admissions Contract, regardless of the learner’s attendance.
  2. In the event that the Founders are of the opinion that Koa Academy is no longer able to suitably provide for the educational needs of a learner, Koa Academy may give two months’ notice for the termination of this School Admissions Contract after which the enrolment of the learner will be cancelled.
  3. Koa Academy reserves the right to terminate the School Admissions Contract and cancel the enrolment of any learner with immediate effect if the Founders, in their sole discretion, reasonably determine that the conduct of either the guardians or learner is harming or is likely to harm other learners, guardians and/or Koa Academy. In such case, annual school fees paid by the guardian in advance will be refunded, beginning from the first day of the following month.

6. Personal Information

  1. The guardians confirm that they have read Koa Academy’s privacy policy (as set out on the website) and by signing this School Admissions Contract, consents to Koa Academy’s processing of personal information of the guardians and the learner in terms of such policy and as set out in this contract.
  2. The guardian gives Koa Academy consent to confidentially collect, store, process and update personal information about the learner and guardian in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”).
  3. The guardian gives the consent for informal photographs to be taken of the learner and guardian, and for the learner’s name, photograph and work to be used in publicity media, whether print or digital, as indicated by the guardian in the Application Form.
  4. The guardian agrees not to hold Koa Academy, its staff and their agents liable for any actions arising from privacy issues relating to Koa Academy’s use of the learner’s or guardian(s)’ images, names and/or work as agreed to in terms of clause 6.3.
  5. Koa Academy agrees to take reasonable care to ensure that the opinions and representations of learners and guardians portrayed by the school are fair, accurate and appropriate. However, Koa Academy will not be liable for any loss or damage incurred by the learner or guardian as the result of information or opinions shared by the school in compliance with the guardian’s consent and POPIA.

7. Indemnity and Waivers

  1. The guardian indemnifies Koa Academy against any act or omission (except in the case that such act or omission was due to gross negligence or intentionally carried out by Koa Academy or its staff) resulting in loss, theft, direct or indirect damages, harm (whether physical, social, emotional or mental), injury, expenses or costs (including, but not limited to legal and medical) on the part of the learner of any nature and however arisen.
  2. The guardian acknowledges that they may not withhold any payment should Koa Academy be in breach of its obligations according to this School Admissions Contract. The guardian is required to notify Koa Academy of the breach in writing, following which if the matter is not addressed within 7 days, the guardian may terminate the School Admissions Contract immediately.
  3. Subject to applicable law, where any matter results in a valid claim against Koa Academy, Koa Academy’s liability will be limited to the school fees paid by the guardian during the current calendar year, unless the matter arose as a result of the gross negligence or wilful misconduct of Koa Academy.

8. Disputes

  1. Any dispute which arises out of or pursuant to this contract between the guardian and Koa Academy (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction) shall be submitted to and decided by arbitration in accordance with the arbitration rules and legislation for the time being in force in South Africa.
  2. That arbitration shall be held with only the parties and their representatives present at Cape Town.
  3. The parties shall use their best endeavours to procure the expeditious completion of the arbitration.
  4. The provisions of this clause are severable from the rest of this School Admissions Contract and shall remain in effect even if this contract is terminated for any reason.

9. General

  1. Change of information. The guardian agrees to inform the school immediately in the event that any personal particulars of the learner or guardian held by Koa Academy are no longer accurate and provide updated information.
  2. Amendment. Koa Academy reserves the right to amend the School Admissions Contract, giving the guardians 3 (three) months’ written notice of such changes.
  3. Notice and address for service.
    1. Notice submitted by the guardian to Koa Academy will be deemed valid if submitted to the email address of Koa Academy as listed on the school’s website.
    2. Notice submitted by Koa Academy to the guardian will be deemed valid if submitted to the physical address or email address as provided by the guardian on the application form, as updated from time to time, subject to any change of address becoming effective on 7 (seven) days’ written notice by the guardian to Koa Academy. Notice submitted to one guardian will be considered notice to all guardians.
  4. Intellectual Property. The guardian acknowledges and agrees that all right, title and interest in, and to, any of Koa Academy’s intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on Koa Academy’s websites or the services) is proprietary to Koa Academy or the respective owner(s)’ and will remain our or the owner’s property at all times. The guardian agrees that it will not acquire any rights of any nature in respect of that intellectual property by entering into this School Admissions Contract.
  5. Entire agreement. This School Admissions Contract constitutes the whole agreement between the parties relating to the subject matter of this School Admissions Contract and supersedes any other discussions, agreements and/or understandings regarding the subject matter of this School Admissions Contract.
  6. Confidentiality. Neither party will disclose any confidential information to any third party without the prior written approval of the other party, unless required or allowed by law.
  7. No assignment. The guardian will not be entitled to cede its rights or delegate its obligations in terms of this School Admissions Contract without the express prior written consent of Koa Academy.
  8. Severability. Any provision in this School Admissions Contract which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this School Admissions Contract, without invalidating the remaining provisions of this School Admissions Contract.

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