STUDENT FUNDING AGREEMENT 2019
BETWEEN
THE THUTHUKA EDUCATION AND UPLIFTMENT FUND - NPC
REGISTRATION NUMBER: 2002/001562/08
("THE FUND")
AND
NAME: CLAIRE MARIE ROUILLARD
IDENTITY NUMBER: 0003280276084
(THE STUDENT)
1.1 The Fund has undertaken a project to procure and provide funding and other support to poor and "missing middle" students in academic institutions. The Fund, together with various stakeholders, including, but not limited to, government departments, academic institutions and companies in Commerce and industry are committed to the delivery of the objectives of the National Development Plan through the production of the relevant skills and expertise required to support such objectives.
1.2 The Fund is desirous of contributing significantly to the attainment of the National Development Plan objectives in an attempt to redress past imbalances inherent in South Africa and wishes to empower those previously disadvantaged persons who strive towards entering the professions identified as critical to the economic development of the country through the Thuthuka ISFAP Programme, yet do not have the financial means to do so.
1.3 In order to achieve this goal, The Fund sources funding and financial assistance from various sources for the granting of Bursaries in terms of the Thuthuka ISFAP Programme to previously disadvantaged individuals to study and obtain the Designated Qualifications and skills so as to allow them entry into the preferred profession.
1.4 The Fund wishes to contribute towards the goals of Students by providing, amongst others, financial funding to Student to be managed by the Fund and utilised for the purpose of providing the "wrap-around support" to Students accepted in the Institutions to study towards a Designated Qualification and academic trainee development through the academic training programme.
1.5 The Fund will fund the full cost of study including accommodation, books, meals, and in certain cases, a cash allowance - at participating Tertiary Education Institutions. A "wrap around" support system has been designed in order to reduce drop-out rates, minimise years of study, and enhance graduation rates and employment potential
1.6 The Fund and the Student wish to record their Agreement in writing.
2.1 In this Agreement, unless inconsistent with the context, words referring to:
2.1.1 a gender include a reference to the other genders;
2.1.2 the singular include the plural and vice versa; and
2.1.3 natural persons include artificial persons and vice versa.
2.2 Whenever a number of days is prescribed in this Agreement, such number shall be calculated excluding the first and including the last day, unless the last day falls on a Saturday, Sunday or official public holiday applicable in the Republic of South Africa, in which case the last day shall be the next day which is not a Saturday, Sunday or official public holiday.
2.3 Clause headings are inserted for convenience only and shall not be used to interpret this Agreement.Phrases and words defined in a clause shall bear the meaning assigned to them in such clause only and the following terms bear the meaning assigned to them:
2.3.1 "Agreement" means the agreement as set out in this document together with any Supplemental Letter of Agreement or attachments, annexures and schedules hereto;
2.3.2 "Application Form" means the ISFAP application form containing the Student`s parent/guardian signed consent and certified copy of the Student`s parent/guardian identification;
2.3.3 "Business Day" means Monday to Friday between the hours of 08:00 to 16:00, excluding Saturdays, Sundays or a day which from time to time is proclaimed a public holiday in South Africa;
2.3.4 "Calendar Day" means a 24 (twenty four) hour day from midnight to midnight denoted on a calendar. Same shall be reckoned exclusively of the first and inclusively of the last day;
2.3.5 "Calendar Month" means a period from the first to the last day of a month;
2.3.6 "Co-Ordinator" means an institutional representative designated as administrator and liaison for the Agreement;
2.3.7 "Delegated Authority" means an official appointed to act at an operational level on behalf of the parties with regard to this Agreement;
2.3.8 "Designated Firm" means various companies or institutions including those in the public and private sectors that provide funding to The Fund and are willing to employ the Students;
2.3.9 "Designated Qualification" means the professional courses offered by the Designated Universities and one artisan course offered at the Designated Universities;
2.3.10 "Donor" means the various firms and companies or institutions that provide funding to The Fund;
2.3.11 "Effective date" means 1 January 2019;
2.3.12 "First year of study" means the Student`s first year of study at an Institution for the first time;
2.3.13 "Full cost of funding" means the bursary that has been granted to a student based on qualification of funding from The Fund that includes all costs agreed upon for funding.
2.3.14 "Full cost of study" means the tuition, accommodation, books, cash allowance and meals;
2.3.15 "Bursary" means funding for designated qualification not payable back by the Student;
2.3.16 "Means test" means the process in which the students supplied information regarding household income, school qualifications and possible grant receipts are used to assess if the student qualifies for the bursary based on household income bracket. The test, taking into account only the income of the parent or guardian, to calculate whether the student is eligible for financial support
2.3.17 "Institutions" means all South African Universities that are in affiliation with the programme.
2.3.18 "Integrated IT platform" means the platform that will enable to maintain and track the Student data across multiple fields which reflect the areas of Wrap-around support;
2.3.19 "ISFAP" means the Ikusasa Student Financial Aid Programme;
2.3.20 "Merit" means a Student obtaining an average of 70% (seventy percent) for the Grade 12 final examination;
2.3.21 "Poor and Missing Middle Students" means the poor and middle-income households with an income from R0.00per annum and less than R600 000.00 per annum (Gross);
2.3.22 "Parties / Party" refers to The Fund and the Student, severally or individually, as the case may be;
2.3.23 "Personal Information" - shall bear the meaning ascribed thereto in the Protection of Personal Information Act 4 of 2013;
2.3.24 "the Programme" - means the programme designed by The Fund in terms of which The Fund will provide funding and support to the Students ;
2.3.25 "Sponsor" means the various firms and companies or institutions that provide funding to the ISFAP;
2.3.26 "Cash Allowance" means an amount as determined by the programme payable into the Student`s Transactional Account every month during the academic year;
2.3.27 "Termination date" means the date of expiry of the minimum prescribed period of the Designated Qualification or Undergraduate Studies; subject to Termination by either party in accordance toClause 3.1 and/or withdrawal of funding in accordance to Clause 8.1;
2.3.28 "Transactional account" means the students Bank Account into which relevant payments will be made.
2.3.29 "Undergraduate studies" means the professional courses offered by the Designated Universities;
2.3.30 "Wrap-around support" means the support as listed in Clause 6;
2.3.31 "Academic year" means the year as determined by the Senate and adopted by the Institution`s Council, which comprises of four terms grouped into two semesters;
2.3.32 "Minimum prescribed period" means the minimum academic years prescribed for the completion of a Designated Qualification or Undergraduate Studies;
3.1 Notwithstanding the signature of this Agreement, the Agreement shall commence on the Effective Date and shall terminate on the Termination Date, subject to the following conditions:
3.1.1 The Agreement may be terminated by mutual consent or by either Party giving the other Party 2 (two) months` prior written notice of termination; and
3.1.2 the termination of this Agreement, for whatever reason, will not affect the right of a Party that has already accrued at the date of termination and will furthermore not affect any right which expressly or by its nature survives the termination of this Agreement.
3.2 The Agreement may be renewable, subject to the mutual agreement of both Parties.
4.1 The Fund hereby agrees to extend financial assistance to the student`s Designated Qualification or Undergraduate Studies`s for the minimum prescribed period only subject to the provisions of Clauses 5.2 and 5.3, and:
4.2 that the student continues to experience a lack of financial means.
4.3 The Fund shall assess, the academic progress of the Student and reserves the right to determine, in its sole and absolute discretion, whether it shall continue to provide financial assistance (or part thereof) to the Student.
4.4 Should the Fund decide to award further funding, the terms and conditions contained herein shall apply to such extended period/s and there will be no need for a new contract to be entered into.
4.5 The Fund reserves the right to add such conditions to this agreement in the extended period as it deems fit by way of an addendum, provided same is signed by both parties.
5.1 The Student shall enrol in the Undergraduate studies at one of the Institutions, as designated by The Fund, in its sole discretion, after being accepted by the Institution
5.2 The Student shall comply with the following requirements in terms of the Undergraduate studies, as modified:
5.2.1 Attend and participate in lectures, tutorials and academic support programmes as required by the Institution;
5.2.2 Complete all set assignments and/or tasks as required in terms of the due performance requirements of the Institution;
5.2.3 Undergo all tests and examinations (written and oral) as required in terms of the due performance requirements of the Institution;
5.2.4 Obtain satisfactory results for the above-mentioned assignments, tasks, tests and examinations; and
5.2.5 Utilise the accommodation designated by The Fund where applicable. The Student shall have no choice in this regard.
5.2.6 Adhere to all applicable policies and procedures of the Institution.
5.3 In addition to the studies, as part of the Designated Qualification, the Student shall:
5.3.1 participate in vacation work which the Student would have secured himself/herself once a year for a period of no less than one working week (40 Hours) .
5.3.2 participate in community service programmes and/or special projects of the Student`s own choosing, the purpose of which is to inculcate a culture of giving back and working towards the betterment of our country. A report confirming participation of the Student must be submitted by the Programme Manager once a year.
5.3.3 The student is obligated to complete all ISFAP requirements for continued funding, this includes:
5.3.3.1 the on-boarding process,
5.3.3.2 semester check-in
5.3.3.3 utilisation of the ISFAP tool to communicate to the respective University Programme Managers
5.3.3.4 complying with all set-up wrap around support activities on the ISFAP tool
5.3.3.5 provision of all relevant documentation as requested by ISFAP
5.3.3.6 communicating and meeting with the Programme manager meeting upon request
5.3.3.7 Complying with all wrap around support interventions as recommended by the Programme manager
5.4 In order to ensure complete dedication to the successful completion of the Undergraduate studies, the Student may not undertake any employment other than vacation work during the academic year.
6.1 The Student shall be offered support by the Institution during the duration of their studies of which will include:
6.1.1 Managed academic support consisting of:
6.1.1.1 Tutorial support; and
6.1.1.2 Mentor support
6.1.1.3 At Risk Support
6.1.1.4 Academic literacy.
6.1.2 Managed social support such as:
6.1.2.1 Healthcare available on campus
6.1.2.2 Access to psychologists and counsellors if available on campus
6.1.3 Life skills training consisting of:
6.1.3.1 Time management;
6.1.3.2 Stress management; and
6.1.3.3 Study skills.
6.1.3.4 Financial management
6.1.4 Any other support where needed in consultation with the Programme Manager and approved by the Programme Director
7.1 The Fund shall, on the terms and conditions contained herein, provide financial assistance to the Student for the minimum prescribed period to satisfactory pass the designated Qualification or Undergraduate Studies in terms of the 2019 academic year and similar financial assistance in terms of each academic year thereafter in accordance to the aforementioned.
7.2 The funding will cover the following expenses:
7.2.1 Tuition Fees and other required study aids (Laptop, Calculator);
7.2.2 Accommodation
7.2.3 Travel Allowance (leaving more that 3km away from campus and not accessing Accommodation and Meals)
7.2.4 Books;
7.2.5 Meals; and
7.2.6 Cash Allowance.
7.3 Payments will be made as follows:
7.3.1 Tuition and Accommodation will be paid to the Institution
7.3.2 Books/Devices/ Learning Materials will be paid directly to the supplier
7.3.3 All other agreed upon allowances will be paid directly to the Student Transactional Account
7.4 The Fund shall assess, at any time, the academic progress of the Student and reserves the right to determine, in its sole and absolute discretion, whether it shall continue to provide funding (or part thereof) to the Student.
7.5 Financial contributions made by any party before the start date (Clause 3) of this agreement is non-refundable.
7.6 If the student, for any given reason, is no longer funded by the Fund, it is the responsibility of the student to return the laptop that was provided by the Fund to the Programme Manager at the University.
8.1 The Fund may, at any time and in its sole discretion, withdraw the funding (or any part thereof), granted to the Student, in the following circumstances:
8.1.1 If any time the Fund finds the academic progress of the student to be unsatisfactory;
8.1.2 If the Student fails to participate in vacation work (refer to Clause 5.3.1 above) or fails to participate in the community service programmes or special project (refer to Clause 5.3.2 above);
8.1.3 If the Student fails to abide by, and comply with, the disciplinary policies pertaining to the Institution and/or the Designated Firm;
8.1.4 If the Student fails to display the requirements of The Fund relating to the Student`s work ethic, general conduct and involvement in the compulsory programmes;
8.1.5 In the event that its funding is withdrawn by its Donors and/or funders.
8.1.6 If the student provides false and/or misleading information to either the Bursary Donor or the Institution.
8.2 Nothing in this Agreement shall be interpreted or construed as granting the Student any right or entitlement to continued funding and/or financial assistance by The Fund in any one or more of the above-mentioned circumstances.
9.1 The Student warrants that he/she is unable, and that his/her immediate family is unable, to provide finance for his/her studies. The Student undertakes to immediately advise The Fund should his/her financial status, and the financial status of his or her immediate family, change.
9.2 The Fund reserves its right to withdraw funding and recover all monies expended on the Student in terms of this Agreement should The Fund obtain any information upon which it reasonably believes that the financial status of the Student and/or his/her family is not what the Student purported it to be.
Signature by the Student and/or parent or guardian of this Agreement confers an unfettered authority on the Institution to furnish all information and details relating to his/her academic behaviour and progress, general behaviour, financial affairs and any other progress, which may be required by The Fund or the Sponsors/Donors, from time to time.
The Parties choose the following addresses as their respective domicilia citandi et executandi for all purposes of and in connection with this Agreement.
11.1. THE FUND
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Contact Person: |
Programme Director: Tuki Khumalo |
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Contact Email: |
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Physical Address: |
Ikusasa Student Financial Aid Programme 17 Fricker Road Illovo Johannesburg |
11.2. STUDENT
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Student Name: |
CLAIRE MARIE ROUILLARD |
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Student Email: |
clairemarie.rouillard@gmail.com |
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Physical Address: |
#ADDRESS# |
11.3. Any Party may by written notice to the other Party change its domicilium citandi et executandi to another physical address in the Republic of South Africa, provided that the change shall become effective on the seventh day after receipt of the notice.
No amendment of this Agreement, variation, waiver, relaxation or suspension of any of the provisions thereof shall have any force or effect, unless reduced to writing and signed by both Parties.
Neither Party may rely on any representation which allegedly induced that Party to enter into this Agreement, unless the representation is recorded in this Agreement.
14.1. The Parties agree that this Agreement and the contents thereof shall remain confidential between the Parties hereto, unless otherwise agreed by both Parties.
14.2. The Parties agree that this clause will survive the termination of this Agreement for whatever reason.
15.1. The Fund acknowledges that in participating in the Programme in terms of this Agreement, it, and the Institution, may be required to process the Student`s Personal Information and undertake to do so only in terms of applicable legislation and under the supervision of a designated data controller/responsible party, in particular with regard to the purposes of the processing, the categories of Personal Information which may be processed and the recipients of the Personal Information.
15.2. The Fund and Institution shall process the Student Personal Information for the purpose of this Agreement and shall:
15.2.1. not process such information in excess of that purpose;
15.2.2. collect such information for a specific, explicitly defined and lawful purpose related to the terms under this Agreement;
15.2.3. confirm with the Student prior to processing Personal Information of any third party that such processing is compatible with its purpose as stated in terms of this Agreement; and
15.2.4. ensure that Personal Information in its possession is complete, accurate, not misleading and up-to-date.
15.3. In certain circumstances, the Fund will have to collect and process the personal information of the guardian of the student / bursary holder. The purpose for collecting and processing this information is for all purposes relating to the execution of the contract and bursary, as well as any related governance processes.
15.4. The Fund shall use all reasonable efforts to assist the Student to comply with its obligations to respond to requests for access to the Student records to whom the Personal Information relates.
15.5. The Fund shall limit access to Personal Information to Personnel strictly necessary for the performance, management and monitoring of this Agreement.
15.6. The Fund undertakes to adopt appropriate technical and organisational security measures having regard to the risks inherent in the processing and to the nature of the Personal Information concerned in order to:
15.6.1. prevent any unauthorised person from having access to computer systems processing Personal Information, and especially:
15.6.1.1. unauthorised reading, copying, alteration or removal of storage media;
15.6.1.2. unauthorised data input as well as any unauthorised disclosure, alteration or erasure of stored Personal Information;
15.6.1.3. unauthorised using of data-processing systems by means of data transmission facilities;
15.6.1.4. ensure that authorised users of a data-processing system can access only the Personal Information to which their access right refers;
15.6.1.5. record which Personal Information has been communicated, when and to whom;
15.6.1.6. ensure that Personal Information being processed on behalf of third parties can be processed only in the manner prescribed by the Bursary Provider or in terms of legislation;
15.6.1.7. ensure that, during communication of Personal Information and transport of storage media, the data cannot be read, copied or erased without authorisation;
15.6.1.8. design its organisational structure in such a way that it meets Data protection requirements.
15.7. The Student and the Guardian hereby consents to the processing by The Fund and associated parties of his/her Personal Information, and any other information that the Student may provide to The Fund for all purposes relating to this Agreement.
15.8. The Parties record that all Data, in whatever form, is the Student`s Intellectual Property and accordingly the Student retain all rights, title and interest in and to such Data.
15.9. The Fund shall not share any of the Student or Guardian`s personal information with any of its Personnel and/or transfer such information to Personnel outside the Republic of South Africa without the prior written consent of the Student.
15.10. The Fund undertakes to return all Personal Information to the Student at the expiry of this Agreement or termination of this Agreement for any reason whatsoever and/or provide the Student with evidence that all Personal Information in its possession has been destroyed.
No indulgence granted by a Party shall constitute a waiver or abandonment of any of that Party`s rights under this Agreement; accordingly, that Party shall not be precluded, as a consequence of having granted such indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future.
The Student may not cede or delegate his/her rights in terms of this Agreement without the prior written consent of the Fund. The Fund is entitled to cede or delegate its rights and obligations without notice to the Student.
This Agreement shall be interpreted and implemented in accordance with the laws of the Republic of South Africa.
19.1. Either Party shall be entitled, but not obliged, to institute any proceedings arising out of or in connection with this Agreement in the Magistrates` Courts having jurisdiction.
19.2. Should a Party elect to institute proceedings in the High Court of South Africa, the Parties consent to the jurisdiction of the South Gauteng High Court of South Africa, Johannesburg.
DULY EXECUTED AND SIGNED AT ___________________ON______________________ 2019
_______________________________
For and on behalf of The Fund, duly authorised thereto.
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Name of Signatory
________________________________
Designation of Signatory
DULY EXECUTED AND SIGNED AT ___________________ON______________________ 2019
_______________________________
For and on behalf of The Student, duly authorised thereto.
________________________________
Name of Signatory
________________________________
Designation of Signatory
DULY EXECUTED AND SIGNED AT ___________________ON______________________ 2019
_______________________________
I CLAIRE MARIE ROUILLARD hereby declare that I am enrolled as a full time student for the 0001 academic year at University of Pretoria and that I am unemployed.
ID Number: 0003280276084
Student Number:4651651
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Student Signature Date of Signature