The Parties shall hold in confidence
all Confidential Information received from each other and not divulge the
confidential information to any person, including any of its employees, save
for employees directly involved with the execution of this Agreement. The
Parties shall prevent disclosure of the confidential information, by the use of
means which are at least as stringent as those used to protect the Party’s own
confidential information which in any event will not be less than reasonable
means, except as may be required by law. It is recorded
that the following information will for the purpose of this Agreement, not be
considered to be Confidential Information:
known to either of the Parties prior to the date that it was received form the
other party; or
Information known to the public or
generally available to the public prior to the date that it was disclosed by
either of the Parties to the other; or
Information which becomes known to the public or becomes generally available to the public subsequent to the date that it was disclosed by either of the parties to the other, through no act or failure to act on the part of the recipient of such information.Information which either of the Parties, in writing, authorises the other to disclose.
Cancellations by GreatAcademy
The virtual classroom training may be cancelled by GreatAcademy, without prior notice. In this circumstance the client has the option to attend the live training the following month. In the case that the client does not want to take up the above option, only the attendance fees will be refunded.
Cancellations by the Client
Clients wishing to cancel an event booking must send a written cancellation notice to firstname.lastname@example.org
Telephonic cancellations will not be accepted.
No cancellation fee shall be levied by GreatAcademy on cancellation of a booking for reasons of serious illness, hospitalisation or death
The following cancellation fees will be charged:
7 (seven) working days before the event = 100 % refund of the paid invoice;
5 (five) working days before the event = 75 % refund of the paid invoice;
3 (three) working days before the event = 50 % refund of the paid invoice; and
Less than 3 (three) working days before the event = no refund.
Any refunds due will be made within 30 (thirty)working days after written receipt of the cancellation of the training
VAT / TAXES / STATUTORY LEVIES
All amounts referred to in this Agreement are exclusive of VAT and/or withholding tax, any other tax, levy, import, surcharge or any other statutory levy of any nature whatsoever (the “Tax”).
The Customer is liable to pay the VAT at the applicable prevailing tariff and all or any other Tax, on demand.
This agreement is governed by the law in The Republic of South Africa. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of The Republic of South Africa.
GreatSoft (PTY) Ltd shall be entitled to enforce any rights which it has in terms of this Agreement in the Magistrate's court notwithstanding the fact that the amount in issue may exceed the limit prescribed by the Magistrate's Court Act. All amounts owing by the Customer to GreatSoft (PTY) Ltd in terms hereof and not paid on due date shall bear interest at a rate equal to the prime rate as quoted by the South African Reserve Bank from time to time, compound monthly in advance.
No latitude, extension of time or other indulgence which either party may allow the other shall be construed as a waiver of said party’s rights. No agreement at variance with the terms hereof shall be valid and binding unless reduced to writing and signed by both parties. In the event of either party having recourse to legal proceedings to give an effect to its rights under this Agreement, the successful party shall be entitled to recoup its legal costs from the unsuccessful party on the scale as between attorney and own client calculated at double the prevailing High Court tariff as amended from time to time.
Neither party is entitled to assign its rights, or any part thereof, in terms of this Agreement without the prior written consent of the other party first having been obtained. This prohibition does not apply to the banks and/or registered deposit-taking institutions in the event of the software being part of a finance agreement.