TERMS AND CONDITIONS

GENERAL

The following Terms and Conditions will apply to the relationship between Youniverse.SA and the Guardian/Parent/Applicant (“the Client”) if the Information Schedule appearing on the reverse has been accepted by Youniverse.SA.

1. The Client and Youniverse.SA (“the Parties”) agree that these Terms and Conditions together with the schedule, represents the entire Agreement (“this Agreement”) between the Parties and that no alterations or additions to this Agreement may be effected, unless agreed to by both parties and reduced to writing and signed by the Client and Youniverse.SA.

2. Youniverse.SA shall not be bound by any representations, express or implied and not recorded herein or reduced to writing and signed by the Client and Youniverse.SA.

3. No indulgence or extension of time which Youniverse.SA may grant to the Client shall constitute a waiver or limitation of Youniverse.SA’s rights in any way.

4. Each Party warrants to the other that it has the power, authority and legal right and / or capacity to sign and / or perform in terms of this Agreement.

5. It is agreed that each clause of this Agreement is severable, the one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent court, then the remaining clauses shall continue to be of full force and effect.

SERVICE TO BE PROVIDED

6. Youniverse.SA shall render the required services to the Client as reflected in the Information Schedule forming part of this Agreement (“the Schedule”).






PRICE AND PAYMENT

7. The fees payable to Youniverse.SA and the payment terms are reflected in the attached Schedule.

8. Youniverse.SA shall submit an invoice on for payment for the specific services rendered, prior to the services being delivered.

9. Should there be a significant change in the requirements of the Clients, this agreement shall be renegotiated in respect of price or duration whatever is appliable.

WARRANTIES
10. Youniverse.SA gives no warranties in respect of any matter covered in this agreement and Youniverse warrants that it will comply with all laws, by-laws, regulations and statutory requirements necessary to fulfil this agreement.


COMMENCEMENT DATE, COMING INTO FORCE, DURATION AND AMBIT OF THIS AGREEMENT:

11. The Effective Date of this Agreement shall be on the date referred to in paragraph 13 of the Information Schedule, alternatively the date of signature by Youniverse.SA accepting the Application submitted by the Client whichever date is reflected first.

DURATION AND TERMINATION OF THIS AGREEMENT

12. As from the Effective Date this Agreement shall continue for the period more fully stipulated in the Information Schedule attached hereto and in the event of this Agreement terminating at an earlier date the Client shall have no claims against Youniverse.SA of whatsoever nature.

13. In the event of this Agreement proceeding beyond the duration date stipulated in the Information Schedule, Youniverse.SA shall have the option either to give written notice of termination of this Agreement to the Client, or alternatively to agree in writing to continue with this Agreement for an extended period but subject to such additional fees as are agreed upon in writing by the parties.

14. Youniverse.SA and the Client confirm that this Agreement may be terminated forthwith on the following grounds:

14.1 by mutual agreement between the parties in writing;

14.2 upon expiry of the stated duration period of this Agreement;

14.3 in the event of a material breach of this Agreement by either party;

14.4 in the event of the incapacity, illness or death of the Client and/or the duly appointed Assistant nominated by Youniverse.SA.

ACKNOWLEDGEMENT BY THE CLIENT
15. The Client acknowledges and confirms that Youniverse.SA shall have the right to re-schedule the dates when services are to be performed, excluding exam services.
INDEMNITY

16. The Client hereby indemnifies and holds Youniverse.SA harmless against all and any claims, loss, liability, costs and expenses of whatsoever nature, which Youniverse.SA may suffer or incur by reason or in consequence of any action by the Client resulting in any losses or claims suffered by Youniverse.SA.

CANCELLATION OR POSTPONEMENT

17. On confirmation by Youniverse.SA to the Client of the required services to be rendered at specified times and dates the Client accepts and agrees that she/he will be liable to Youniverse.SA for all and any losses suffered by Youniverse.SA as a result of the Client not ensuring that any appointment is kept.
TRANSFER AND ASSIGNMENT
18. Unless otherwise agreed to in writing by Youniverse.SA, the Client will not be entitled to cede or assign any of its rights or delegate any of its obligations under this Agreement.