1.1. “Teneo” means Teneo Education (Pty) Ltd, a private company with registration number: 2017/057323/07.
1.2. “Codes of Conduct” means the Code of Conduct for Students and the Code of Conduct for Parents or, as the context requires, either of them.
1.3. “Code of Conduct for Students” means the code of conduct for Students set out in clause 5.
1.4. “Code of Conduct for Parents” means the code of conduct for Parents set out in clause 7.
1.5. “Disciplinary Committee” means the disciplinary committee set up by Teneo in order to preside over any dispute relating to any breach or alleged breach of the Codes of Conduct.
1.6. “Educator” means any individual educator in the employ of Teneo.
1.7. “IEB” means the Independent Examinations Board, or any successor Umalusi-accredited organisation determined by Teneo that administers educational assessments.
1.8. “Marketplace” means Teneo’s “Marketplace” online platform, on which Marketplace Service Providers may advertise and solicit for business in connection with extra-curricular and extramural activities, goods and services, including tutoring.
1.9. “Onboarded” means, with respect to a Student, that the process by which a Student is registered with Teneo and is loaded onto the Teneo learning management system has been completed.
1.10. “Parent” means each of a Student’s parents and/or legal guardian/s.
1.11. “PRFP” means the person whose details are, upon application for enrolment, entered online as the “person responsible for payment”.
1.12. “SACAI” means the South African Comprehensive Assessment Institute, or any successor Umalusi-accredited organisation determined by Teneo that administers educational assessments.
1.13. “Marketplace Service Provider” means a person or entity that has contracted with Teneo to be allowed to advertise and solicit business on Marketplace.
1.14. “Student” means any Student who has been Onboarded with Teneo.2. Teneo School
School fees are payable in advance in the amounts quoted by Teneo for the relevant Grade, educational plan and school year. Parents may, however, opt to pay in advance on a termly (4 payments, to be received on or before the first day of each term) or monthly (12 payments, to be received on or before the first day of each month) basis. If monthly payment is chosen, the last payment must be made by 1 November of the relevant school year, with the first payment having been made by 1 December of the preceding year. All payments must be made in South African Rands without deduction or set off.
3.2. Payment is to be made via the online payment system on Teneo’s website through PayGate Pty Ltd, which is the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
3.3. Payment may be made by credit card, debit card and instant EFT. Other payment mechanisms may also be available. Where the PRFP has chosen to pay by instant EFT but the payment does not, for any reason, go through, Teneo reserves the right to complete the payment using credit or debit card details which have been provided by the PRFP to Teneo, if any. Customer details will be stored by Teneo separately from card details which are entered by the PRFP on DPO PayGate’s secure site (for more detail on DPO PayGate refer to www.paygate.co.za).
3.4. Where a Student is enrolled during the course of a term, the full fee for the term will be payable if the Student is to receive a report for that term.
3.5. Where payment is made with a credit or debit card not issued by a South African institution, there may be South African Exchange Control implications. Certain processing fees may be payable in respect of such transactions, and there may be delays with respect to any refund that may become payable, as well as refund amount differentials caused by exchange rate fluctuations between processing and settlement.
3.6. If a fee payment instalment plan is chosen, Teneo will invoice the Parent for the applicable amounts. A failure to provide such an invoice does not, however, excuse the Parent from the obligation to make the relevant payments when due.
3.7. If an instalment plan is chosen and any instalment not be paid on the due date, the full balance of the annual fee will immediately become due and payable by the PRFP. Teneo reserves the right to charge interest at the prescribed rate on any overdue payments, from the due date to the date of payment, together with a late payment fee and, if applicable, collection costs. For so long as any fees are overdue, Teneo also reserves the right, in its sole discretion, to suspend the relevant Student’s ability to login to the Learning Management System.
3.8. IEB and/or SACAI and/or the British International Examination Centre (whichever is applicable to the Student’s chosen course) charge certain examination and/or registration fees, which are dependent on the grade of the relevant Student, how many subjects are being taken and other factors. Unless these fees are explicitly included in the fees charged by Teneo, in addition to the fees payable to Teneo, Parents shall be responsible for any fees charged by the IEB, SACAI or the British International Examination Centre.
3.9. Payments to IEB and/or SACAI and/or the British International Examination Centre (whichever is applicable to the Student’s chosen course) will be required to be made by a certain date set by the applicable body. Teneo will not register a Student with any applicable examination body, or facilitate any other interaction, unless all fee and other payments to Teneo, including all payments required to that examination body, are fully up to date. Should a Student not be registered with an examination body by the applicable deadline as a result of late payment, whether of fees due to that examination body or any other amount owing to Teneo, this is the responsibility of the Parents, PRFP and Student, and Teneo has no liability for, and the Parents, PRFP and Student indemnify Teneo against, any and all costs, liabilities or damages of any nature that may arise.
3.10. The PRFP will be responsible for any banking or processing fees incurred as a result of any payments failing or being reversed as a result of insufficient funds or any other reason.
3.11. Unless explicitly included in the fees charged by Teneo, the costs of textbook and stationery requirements are for the account of the PRFP.
3.12. Teneo shall be entitled to appropriate any payment received on a Student’s account to pay any outstanding fees and/or costs or other amount owing in respect of the relevant Student, and Teneo’s appropriation shall override any appropriation made by the payor or PRFP.
3.13. Teneo reserves the right to amend the fees payable, payment terms and other aspects of these Terms from time to time. In particular, fees payable with respect to Students who enrol during the course of a term or a year may be determined having regard to Teneo’s late enrolment policies from time to time, which will be available on Teneo’s website. Teneo also reserves the right, on notice to a Parent/PRFP to charge, or pass on, fees for payment processing and administration.4. Privacy and Data Protection
4.1. Teneo will receive and hold Students’ and Parents’ personal information, as well as payment- related information for Parents or other PRFPs. All Parents (and prospective Parents) and PRFPs, on their own behalf and on behalf of their Student (and/or prospective Student) children, and all major Students and prospective Students, hereby give permission for Teneo to receive and process such information for the purposes of facilitating such Student’s education through Teneo, all payments made or to be made, and any administrative requirements in connection with that education or the relationship contemplated in this agreement.
4.2. All such information will be processed in accordance with the provisions of the Protection of Personal Information Act, No. 4 of 2013 (the “Act”) and used exclusively for the purpose for which the personal information is furnished to Teneo. No such personal information will be forwarded to a third party without the permission of the relevant person or, in the case of a minor Student, that Student’s Parent, unless doing so is permitted by the Act and is in accordance with the purpose for which the information was furnished.5. Termination
5.1. A Parent may only cancel this agreement with Teneo in respect of a particular Student on one full term’s notice in writing (for which full payment is to be made), to be given in the form prescribed from time to time by Teneo. Alternatively, a full term’s fees are payable to Teneo in lieu of such notice (or, where partial payment has already been made, payment of the balance of that term’s fees). In each case, an administration fee of R1250.00 (one thousand two hundred and fifty rand) shall be payable. It is recorded that upon enrolment of a Student, Teneo will incur specific costs in respect of that Student, such as the cost of the necessary additional software licenses. Should the Student be withdrawn from Teneo within 3 months of enrolment, Teneo reserves the right to charge for all such Student-specific costs.
5.2. Where notice of cancellation is given and payment has been made in respect of any period beyond the notice period referred to in 5.1, that portion of the payment made will be refunded (after deduction, if applicable, of the fees for the notice period and any other amounts that may be owing at the applicable time by or in respect of that Student). Where payment was made by credit or debit card, any refund can only be processed on the same card.
5.3. Teneo may cancel this agreement in respect of a particular Student on notice in writing to the Parent or major Student if:
5.3.1. any fees owing to Teneo are overdue;
5.3.2. the Student appears before a Disciplinary Committee and that Disciplinary Committee determines that the Student should be expelled from Teneo; or
5.3.3. the Parent or the relevant Student commits any other material breach of these Terms.
5.4. Should this agreement be terminated, whether by the Parent, major Student or by Teneo, any fees and/or costs owing by the Parent/PRFP/Student, including any administration fee and/or Student-specific costs contemplated in 5.1, shall remain due and payable until fully paid, and may be deducted from any refund which may be due in respect of that Student or PRFP or, where no refund is due or the refund is insufficient to cover the amount owing, may be charged by Teneo to any credit or debit card, the details which have been provided by the PRFP to Teneo.6. Code of Conduct for Students
6.1. All Students should always act with integrity and courtesy.
6.2. All Students should demonstrate honest and ethical behaviour.
6.3. All Students should strive for academic excellence and take pride in their work.
6.4. All Students should respect the Teneo environment, the Teneo staff members as well as all other Students and the Parents.
6.6. Students may not bring Teneo into disrepute.
6.7. Students may not, in the context of Teneo, Parents, Students, Educators, Teneo employees and/or the school environment generally, discriminate against any person on the basis of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth.
6.8. Students may not in the context of Teneo, Parents, Students, Educators, Teneo employees and/or the school environment generally, engage in disruptive or age-inappropriate behaviour or use profane or inappropriate language.7. Social Media Policy
7.1. No Student or Parent may, in the context of Teneo, Parents, Students, Educators, Teneo employees and/or the school environment generally, post any content of any kind or make any statement or comment on any social media or other platform that:
7.1.1. discriminates against or disparages any individual on the basis of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth;
7.1.2. constitutes or may constitute cyber-bullying in any form;
7.1.3. contains personal information of any other person which may identify them or lead to them being identified;
7.1.4. constitutes or may constitute hate speech;
7.1.5. is in a language other than English and cannot be translated by a free online translator such as Google Translate; and/or
7.1.6. contains advertising or solicitations or links to any site or group which is not affiliated with Teneo.
7.2. Teneo reserves the right to remove any content, including any comments, posted on its systems (or any other platform in respect of which it has administrator rights) that would breach any aspect of any Code of Conduct or these Terms, and/or is factually erroneous or potentially defamatory or hurtful to any Student, Educator, Parent or other person associated with Teneo, or is unrelated to schooling, education or the school experience.
7.3. Teneo also reserves the right to suspend or block access to any social media platform it controls to any person who does not comply with the Codes of Conduct or these Terms. Teneo is not, however, responsible for any information or content provided on, comments made or messages, images or clips sent through, any messaging group on any platform that is not controlled by Teneo, or for any information, content, comments, messages, clips or images not posted by Teneo.8. Code of Conduct for Parents
8.1. It is recorded that, as Students remain at home, they are never under the physical supervision of Teneo or any of its employees. As such, Teneo is never in loco parentis with respect to any Student, and the responsibilities of Parents remain those set out in the Policy on Home Education published by the Minister of Basic Education, in terms of the National Education Policy Act, 1996, which include assuming responsibility for the education of a Student learning from home and guiding, assisting, managing and supporting that Student’s home education.
8.2. All Parents should always act with integrity and courtesy.
8.3. All Parents should demonstrate honest and ethical behaviour.
8.4. All Parents should respect the Teneo environment, the Teneo staff members as well as the Students and other Parents.
8.5. All Parents must comply with and respect all the Teneo policies.
8.6. Parents may not bring Teneo into disrepute.
8.7. Parent may not, in the context of Teneo, Parents, Students, Educators, Teneo employees and/or the school environment generally, discriminate against any person on the basis of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth.9. Academic Integrity Policy
9.1. Students must comply with all rules applicable to examinations or assessments which are disseminated by Teneo, IEB, SACAI or any other applicable examining body or authority from time to time, but are in any event are not allowed to communicate with one another in any manner or form for the full duration of any examination or assessment.
9.2. Students may not plagiarise the work of any third party. Plagiarism is a form of academic dishonesty whereby a Student intentionally takes and/or passes off and/or uses the work (published or otherwise), thoughts, and ideas of another as their own work, without acknowledging that the relevant work, thoughts and/or ideas are those of another. This applies whether such work, thoughts, and ideas are used verbatim or paraphrased.
9.3. Students may not cheat or assist anyone else to cheat. Cheating is defined as any intentional act of dishonesty in order to gain an unfair advantage.
9.4. Students may not participate in academic misrepresentation. Academic misrepresentation is the intentional fabrication or false presentation of data, quotations, sources, or other information in the context of the Student’s schooling.10. Communications and Social Media Messaging Groups
10.1. Official communications from Teneo will be by email or through the Teneo’s various official messaging platforms, which may vary from time to time.
10.2. Teneo disseminates information through Facebook, and may choose to do so through other social media platforms. Teneo adheres to Facebook’s Statement of Rights and Responsibilities and expects all Facebook users to do the same. This also includes interactions on any other social media channel where Teneo has a presence. Teneo is not, however, responsible for any information or content provided on, comments made or messages, images or clips sent through, any messaging group on any platform that is not controlled by Teneo, or for any information, content, comments, messages, clips or images not posted by Teneo.
10.3. Teneo encourages Parental oversight of any social media groups that their child/ren may be part of in the context of Teneo, Parents, Students, Educators, Teneo employees and/or the school environment generally. Where any undesirable content, messages or conduct occur, Teneo encourages Parents to report it to the platform concerned and to Teneo, but records that its ability to take action may be limited depending on the rights that Teneo has with respect to the relevant social media platform.
10.4. By contacting Teneo through any of its communications platforms, each Parent consents (on its own behalf and that of the PRFP) to Teneo and its related companies contacting them for marketing and related purposes. Each Parent may withdraw such consent at any time by unsubscribing via the applicable communications platform.12. Teneo Marketplace
11.1. Students will have access to the Marketplace, which has been established by Teneo to facilitate access by Students to extra-curricular and extramural activities, including tutoring.
11.2. Teneo has agreements with each Marketplace Service Provider, but has not vetted or otherwise checked the credentials, operations, policies, staffing or any other aspect of any Marketplace Service Provider or their business. Allowing a person or entity to be a Marketplace Service Provider does not indicate or imply any endorsement by Teneo of any goods or services offered. Parents and Students are to perform their own assessment of any goods or services offered by a Marketplace Service Provider before purchasing or otherwise making use of any such goods or services.
11.3. Use of the Marketplace, and/or the purchase, lease or other use of any goods or services offered by any Marketplace Service Provider is entirely at the risk of the Student or other person doing so. Teneo has no liability for, and the Parents, PRFP and Student indemnify Teneo against, any and all costs, liabilities and/or damages that may arise in connection with Marketplace and/or the purchase, lease or other use of any goods or services offered by any Marketplace Service Provider.12. Unauthorised Access to Online Platforms Policy
12.1. No Student may furnish any other person with their login details relating to Teneo, including their Learning Management Systems (e.g. Canvas, PowerSchool and Zoom) login details (these include any login details issued to a Student, including a link issued or sent to a Student, by Teneo for any relevant platform).
12.2. Should unauthorised access to Teneo’s Learning Management System or any related platform be granted to a third party by a Student or through a Student failing to take reasonable care with the relevant login details, the Student will be liable for the actions of that third party utilising such access, which may result in that Student’s expulsion.13. Disciplinary Procedures
13.1. Less Serious Misconduct
13.1.1.Where infringements are not considered serious, or do not require formal disciplinary action in the opinion of Teneo, such infringements can be dealt with on an informal basis.
13.1.2. Informal disciplinary procedures may include any of the following:
a) counselling of the Student;
b) the issuing of a verbal warning to the Student; or
c) the issuing of a written warning to the Student.
13.2. Serious Misconduct:
13.2.1. Where a Student has, or is accused of having, committed any act or omission which would constitute serious misconduct, or is continuously guilty of less serious misconduct, formal disciplinary procedures may be implemented against the Student at the discretion of Teneo.
13.2.2. Formal disciplinary procedures will entail a formal disciplinary hearing.
13.3. Disciplinary Hearings
13.3.1. The disciplinary hearing will be conducted by a Disciplinary Committee appointed by Teneo, under the direction of a chairperson.
13.3.2. The Disciplinary Committee shall consist of at least three persons without prior knowledge of the charges brought against the Student. Teneo may appoint a specialist or independent third party to act as Chairperson during the disciplinary hearing of a Student.
13.3.3. The Disciplinary Committee will keep a proper record of the disciplinary proceedings, which record can be in electronic form.
13.3.4. The Student and their Parent/s will be issued with a written notice of disciplinary hearing incorporating a charge sheet. The notice will include the date, time and venue of the disciplinary hearing and the charge sheet must contain sufficient information on the date, place, and nature of the alleged misconduct to allow the Student to answer the charge.
13.3.5. Should the disciplinary hearing take place on an electronic platform, the Student and their Parents are required to ensure that they have access to the necessary equipment and data for purposes of attending the disciplinary hearing.
13.3.6. Evidence will not be shared between the parties prior to the disciplinary hearing.
13.3.7. At least five (5) school days must lapse between the delivery of the notice and the hearing.
13.3.8. Should the Student be under the age of eighteen (18) years of age, they must be assisted during the disciplinary hearing by one of their Parents or another adult person of the Student’s choice who is acceptable to their Parents.
13.3.9. Legal representation is not normally allowed at a disciplinary hearing. Should the Student wish to be represented by a legal practitioner during the disciplinary proceedings, the Student and their parents must apply in writing to the chairperson of the Disciplinary Committee, at least two (2) days before the disciplinary hearing, for legal representation to be allowed. This application must include reasons why legal representation is necessary under the circumstances. The decision of the chairperson as to whether or not to allow legal representation is final.
13.3.10. Should the Student, or the Student and their Parent or representative (as applicable), fail to attend the disciplinary hearing despite proper notification, the hearing may proceed in their absence.
13.3.11. During the disciplinary hearing, both Teneo and the Student will be afforded the opportunity to present their case by calling witnesses, submitting documents, showing video material or any other relevant evidence.
13.3.12. Both Teneo and the Student will be afforded the opportunity to cross-examine each other’s witnesses and scrutinise other evidence submitted during the disciplinary hearing.
13.3.13. Following the evidence presented by all parties, the Disciplinary Committee shall determine whether the Student is guilty or not guilty of the alleged misconduct based on a balance of probabilities with reference to evidence presented. Depending on the circumstances, the Disciplinary Committee may adjourn for a reasonable time to consider its ruling.
13.3.14. Should the Student be found guilty, both the Student and Teneo shall receive another opportunity to testify and/or make representations on mitigating and/or aggravating circumstances for consideration by the Disciplinary Committee in determination of an appropriate sanction. Depending on the circumstances, the Disciplinary Committee may adjourn for a reasonable time to consider its ruling herein.
13.3.15. If the Student has been found guilty of serious misconduct, the Disciplinary Committee, after compliance with 12.3.14, may impose any reasonable sanction with reference to the seriousness of the misconduct and any other relevant information or circumstances, which may include, but is not limited to, the expulsion of the Student from Teneo.
13.3.16. The final outcome and sanction (if any) must be communicated to the Student and their Parents withing five (5) school days after the disciplinary hearing. The outcome and sanction determined by the Disciplinary Committee is final and no appeal will be allowed.14. Credit Checks
16.1. Teneo may amend this agreement on written notice to the Parent/major Student. Amendments will be effective on notice, but Teneo will use reasonable endeavours to provide at least 30 days’ notice if the amendment is material. Should the Parent/major Student not wish to continue at Teneo as a result of the amendment, this agreement may be cancelled by the Parent/major Student on notice to Teneo in accordance with 5, provided that no administration fee will be payable if terminated under this provision.
16.2. This agreement is governed by the laws of South Africa and Teneo chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature at Unit 6, 37 George Street, Bryanston, Johannesburg.
16.3. The parties acknowledge that without prejudice to any other rights or remedies that a party may have, each party acknowledges and agrees that damages alone may not be an adequate remedy for any breach of these Terms, and the other parties shall be entitled to seek an interdict for any threatened or actual breach of these Terms.
16.4. No indulgence granted by a party to any other party shall constitute a waiver of any of that party’s rights. Accordingly, that party shall not be precluded, as a consequence of having granted such indulgence, from exercising any rights against any other party which may have arisen in the past or which may arise in the future.
16.5. These Terms, the enrolment form and other provisions on Teneo’s website contain all the express provisions agreed on by the parties with regard to the subject matter of their agreement and the parties waive the right to rely on any alleged express provision not herein contained.
16.6. No agreement varying, adding to, deleting from or cancelling this agreement, and no waiver of any right under this agreement, will be effective unless agreed to in writing by Teneo.