1 INTERTEL S OBLIGATIONS

Transcription

1 BURSARY AGREEMENT 1

2 1 INTERTEL S OBLIGATIONS 1.1 Intertel awards bursaries to worthy individuals to obtain a recognized qualification in a field of study relevant to its core business. In exchange, the recipient of a bursary will work at Intertel for an agreed duration as set out in this agreement. 1.2 The bursary shall consist of an amount, determined by Intertel, equivalent to the registration, class and examination fees in respect of the Study Course. 1.3 Reasonable costs in respect of accommodation, meals and textbooks (hereinafter called allowances ) shall be paid by Intertel for qualifying fulltime students, the terms of which shall be recorded in a separate agreement. 1.4 The allowances are subject to be reviewed at the sole discretion of Intertel and at all times will be subject to any additional terms and conditions contained in the separate allowances agreement. 1.5 The bursary shall be awarded for a period of.. academic (year/s) and can subsequently be renewed at the sole discretion of Intertel. Each renewal shall be subject, inter alia, to receipt by Intertel of satisfactory reports from the relevant institution in respect of the student s conduct and academic performance. 1.6 Intertel shall make payments directly to institutions of learning by electronic transfer for the amount agreed upon, in accordance with the agreement between the institution and Intertel in respect of registration, tuition, examination fees and allowances, where the latter are applicable. 1.7 Intertel is obliged to give to the student support financially in the amount required for the completion of the stipulated Study Course. To this end, Intertel is obliged to timeously make financial payments when these are due and payable. 1.8 Intertel has to support the student in fulfilling his/her obligations in terms of this Agreement. To this end, Intertel will do the placement of individuals in fulfilment of their bursary obligations at its own discretion and it will be guided by service delivery needs as well as its the Human Resources Plan. 2

3 2 THE STUDENT S OBLIGATIONS 2.1 The Student is obliged to undertake the studies with the contracted institution and to complete such agreed upon Study Course within the allotted time. 2.2 The Student may not unilaterally and unreasonably terminate the Study Course at the institution of learning without showing evidence of just cause for requiring and requesting such termination. 2.3 The shall commence the Study Course in the academic year for which the bursary is granted at the institution of learning agreed to by Intertel. 2.4 The Student shall redeem the bursary by delivering counterservice to Intertel for the total number of years that the bursary was awarded or for each year the bursary was awarded. In the event that the Student fails to deliver counter-service to Intertel after obtaining the relevant qualification, then the Student shall be liable to repay in full any monies expended by Intertel towards his/her studies. The period of service will commence after completion of the Study Course as well as the other academic requirements of the Study Course, including any internship where applicable. 2.5 The Student shall furnish proof of enrolment for the Study Course to the Human Resources Department of Intertel within one month of registration. This practice shall continue each year until the studies are completed. 2.6 Examination results must be furnished to the Human Resources Department within a period of fourteen days after they are released by the relevant institution of learning. 2.7 The Student shall be obliged to repeat and complete at his/her own expense any subjects or modules that he/she has failed. 3

4 2.8 The Student shall remain in the employ of Intertel until he/she has met his counter-service obligations in terms of this Agreement. In the event that the Student is discharged or resigns from Intertel, any monies due to him/her, including but not limited, to pension pay-outs shall be withheld and set off against any monies due to Intertel in terms of this Agreement. 2.9 The Student undertakes to notify Intertel of any change of his/ her address while owing any monies to Intertel in terms of this Agreement The Student shall pay interest on any monies owing to Intertel in terms of this Agreement at the ruling rate of interest as determined by the Minister of Finance from time to time The Student shall pay Intertel s attorney costs as well as their recovery costs if the matter is handed over for recovery as a result of the Student s failure to fulfil his obligations in terms of this Agreement. 3 DURATION 3.1 Notwithstanding the date of signature hereof, this Agreement is valid from the date the Student is awarded the bursary until such time that he or she has satisfied all the conditions of this Agreement in as far as they relate to the counter-service obligations and period in terms of clause 2.4 4

5 4 EVALUATION The continuation of the bursary shall be determined by the progress of the Student. The Student shall furnish the Human Resources Department with official proof of examination results within two weeks after they are released by the institution of learning. Failure on the part of the Student to furnish such results within the specified period will constitute breach and therefore result in the bursary being reviewed In instances where the Student fails a module or modules and this affects the normal duration of the Study Course, an extension of the period may be considered provided it does not exceed one (01) year. In this regard an application shall be submitted to the Human Resources Manager If an Student does not continue with his/her studies immediately, except where postponement or deferment has been granted by Intertel, he or she will be regarded as having abandoned the Study Course and will be liable to reimburse all Intertel s expenses incurred in terms of this Agreement Intertel may consider applications for extensions of study periods where these are based on circumstances beyond the Student s control if proof is furnished to the satisfaction of Intertel to that effect or good reasons exist for granting the extension The Student shall apply in writing to the Human Resources Manager for approval to defer his or her studies. This deferment shall not exceed one year as determined by Intertel. 5

6 5 TERMINATION 5.1 Intertel may terminate this Agreement anytime, even during the course of the academic year, in instances where the Student : Fails to observe any or more of the terms and conditions of this Agreement; Is found guilty of misconduct in terms of the rules of the institution of learning or is found not be making satisfactory academic progress in his/her studies; Changes or discontinues his/her studies in the Study Course without the prior written consent of Intertel. 5.2 After the date of such cancellation and/or termination, Intertel shall make no further payments whatsoever to or on behalf of the Student. Intertel reserves the right to recover any monies paid plus interest at the ruling rate as determined by the Minister of Finance from time to time from the date of breach of this Agreement. 6

7 6 GENERAL PROVISIONS 6.1 Any relaxation, extension or indulgence which a party may grant to the other party does not constitute a waiver of any right of that party or a novation of any term of this Agreement and does not preclude that party from exercising any right which may have arisen in the past or which will arise in the future. 6.2 No variation, suspension, deletion, amendment or modification of this Agreement is of any force or effect unless recorded in writing and signed by both parties and is effective only in the specific instance and for the specific purpose and to the specific extent set out. 6.3 No representation, either verbal or written, made by either party during the tenure of this Agreement shall be of any force or effect unless agreed to by both parties and reduced in writing. 6.4 The ownership of all intellectual property developed as a result of the Study Course shall vest in the Student and the institution of learning. Both Parties record that while it is their primary intention to exploit the intellectual property jointly on the terms and conditions of this Agreement for their mutual benefit, they agree that they shall each be entitled to make use of the intellectual property for their own purposes. To this end, the Student agrees that Intertel shall not need to obtain permission of the Student to make use of the whole intellectual property, and to the extent that it is necessary to do so, the Student hereby grants to Intertel a non-exclusive, royalty-free licence to make use of the intellectual property for its own purposes. Both parties acknowledge that consent may be required from the relevant institution before the intellectual property may be used. 6.5 The Student consents to the jurisdiction of the Magistrate s Court in terms of section 45 of Magistrate Court Act 32 of 1944 that Intertel may institute legal proceedings in respect of this Agreement in the magistrate court of any district which has jurisdiction over the Student. 7