1. Accuracy and validity of information
1.1 We endeavour to ensure that all information provided by NextGen (on our website, brochures, training materials or communications) is accurate and up to date.
1.2 However, we do not guarantee that such information is complete, current or free from errors, omissions or inaccuracies.
1.3 We reserve the right to amend, update or withdraw any information, course, schedule or fee at any time without prior notice.
1.4 The Customer (you) acknowledges that all descriptive matter (including that in brochures, on the website or in any marketing material) is given by way of general guidance and does not constitute a contractual representation, unless expressly agreed in writing.
2. Availability
2.1 All training courses, modules, workshops or services (“Services”) offered by NextGen are subject to availability.
2.2 NextGen will use reasonable endeavours to supply the Services on the dates or times scheduled, but time is not necessarily of the essence and services may be delayed or rescheduled.
2.3 NextGen reserves the right to cancel, postpone or reschedule a Service (in whole or in part) for any reason (including low enrolment, unavailability of trainer, force majeure or regulatory reason). In such event, NextGen will notify you and will either offer an alternative date, a substitute trainer or, where appropriate, a refund or credit.
2.4 NextGen shall not be liable for any loss or damage (direct or indirect) suffered by you arising from such cancellation, postponement or rescheduling, except where required by law.
3. Third party websites
3.1 Our website, course materials or communications may include links to third-party websites, resources or tools. These are provided solely for your convenience.
3.2 NextGen does not control, endorse or assume responsibility for the content, availability, accuracy, products or services of those third-party sites.
3.3 You access such third-party websites and resources at your own risk. Any dealings you have with those third parties are solely between you and the third party.
3.4 NextGen shall not be liable for any loss or damage incurred as a result of your use of, or reliance on, any third-party website, link or resource.
4. Copyright and intellectual property
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4.1 All materials provided by NextGen (including but not limited to course content, training manuals, handouts, slides, templates, videos, and related intellectual property) remain the property of NextGen or its licensors.
4.2 You may use the materials solely for the purpose of participating in the training and for your own internal, non-commercial use. Any other use (including reproduction, distribution, modification, publication, commercial exploitation, adaptation or sale) is strictly prohibited without NextGen’s prior written consent.
4.3 You acknowledge and agree that no rights, title or interest in or to the intellectual property are transferred to you, except as expressly set out in these Terms.
4.4 You agree to respect and not infringe any intellectual property rights of NextGen or its licensors, and to notify us immediately if you become aware of any unauthorised use or infringement of such rights.
5. Fees, Payment, and Cancellations
5.1 General Payment Terms
5.1.1 All course, facilitation, assessment, moderation, and administration fees (“Fees”) are payable as stipulated on the official quotation, invoice, or Service Level Agreement (SLA) issued by NextGen Corporate Skills Training (Pty) Ltd (“NextGen”).
5.1.2 Unless otherwise agreed in writing, full payment is required before the commencement of the training programme or service delivery.
5.1.3 Payments must be made via approved payment methods (e.g., EFT, PayFast, or direct deposit) into the official company bank account. Proof of payment must be submitted to accounts@nextgencorporate.co.za.
5.1.4 All prices are quoted in South African Rand (ZAR) and are subject to change without prior notice due to adjustments in SETA/QCTO compliance requirements, venue costs, or other operational factors.
5.2 Late or Non-Payment
5.2.1 Where payments are not received by the agreed due date, NextGen reserves the right to:
- Suspend the learner’s access to course materials, digital platforms, or assessments;
- Withhold certificates, statements of results, or credits pending full settlement;
- Apply interest on overdue amounts in accordance with the Prescribed Rate of Interest Act 55 of 1975; or
- Terminate the contract in accordance with Clause 6 of these Terms.
5.2.2 Clients remain responsible for all legal and collection costs incurred by NextGen in recovering outstanding amounts.
5.3 Funded Programmes and Employer Agreements
5.3.1 In the case of funded learnerships or corporate training agreements, payment schedules will align with the approved SETA funding tranches or employer contracts.
5.3.2 Should the funding entity delay or withhold payment, the employer or contracting client remains liable for ensuring payment continuity as per the agreement.
5.3.3 Refunds will not be issued where services have already been delivered, training commenced, or administrative and accreditation costs have been incurred.
5.4 Cancellations and Postponements
5.4.1 Learner-Initiated Cancellations:
- Cancellations must be made in writing at least seven (7) business days before the scheduled start date.
- A cancellation fee of 25% of the total course fee may be charged to cover administrative and material costs.
- Cancellations made within five (5) business days of the course start date are non-refundable.
5.4.2 Corporate or Group Bookings:
- Group cancellations or rescheduling requests must be made in writing at least fourteen (14) business days in advance.
- Postponements due to insufficient learner attendance may be rescheduled subject to venue, trainer, and resource availability.
5.4.3 NextGen-Initiated Cancellations:
- NextGen reserves the right to postpone, reschedule, or cancel any programme due to insufficient enrolments, trainer unavailability, or unforeseen operational issues.
- In such cases, NextGen will provide written notification and offer clients a refund, course credit, or an alternative training date.
- NextGen shall not be liable for any indirect or consequential loss arising from such rescheduling or cancellation.
5.5 Refunds
5.5.1 Refunds, where applicable, will be processed within fourteen (14) business days of approval.
5.5.2 Refunds will only be considered where:
- Written cancellation is received within the permitted timeframe; or
- The training has been cancelled by NextGen and no alternative option was accepted by the client.
5.5.3 Refunds are not applicable to:
- Learners who fail to attend scheduled sessions without prior written notice;
- Clients who have received partial or full training materials; or
- Cases where training delivery has commenced.
5.6 Certificates and Compliance Documentation
5.6.1 Certificates of Competence or Completion will only be issued once:
- All Fees have been paid in full; and
- All assessments and moderation processes have been completed and verified in accordance with SETA/QCTO policies.
5.6.2 NextGen reserves the right to withhold or delay certificate issuance if payment obligations remain outstanding.
6. Termination of contract
6.1 NextGen may terminate or suspend your registration or participation in the Services (in whole or in part) with immediate effect by written notice if you:
a) commit a material breach of these Terms and (if capable of remedy) fail to remedy the breach within 14 days of receiving notice requiring you to do so; or
b) become insolvent, have an administrator or liquidator appointed over your assets, make an arrangement with creditors or cease business operations.
6.2 Upon termination:
a) you shall immediately pay all outstanding fees and other sums due to NextGen;
b) any licences or rights granted to you under these Terms shall immediately terminate;
c) you must cease using all NextGen materials and return or destroy (at our request) all copies of them.
6.3 Termination shall not affect any rights or liabilities which have accrued prior to termination, nor shall it affect any provision of these Terms which is intended to survive termination (for example, intellectual property clauses, limitation of liability, confidentiality, etc.).
7. Limitation of liability
7.1 To the fullest extent permitted by applicable law, NextGen’s total aggregate liability (whether in contract, delict [including negligence], equity or otherwise) arising out of or in connection with the Services or these Terms shall be limited to the total fees paid by you for the relevant Service.
7.2 In no event shall NextGen be liable for any indirect, special, consequential or punitive loss or damage, including but not limited to loss of profit, loss of business, loss of data or loss of opportunity.
7.3 Nothing in these Terms shall exclude or limit liability for death or personal injury caused by NextGen’s gross negligence or wilful misconduct, or for any other liability that cannot be excluded or limited under applicable law.
7.4 You agree that the limitations and exclusions set out above are reasonable in all the circumstances and have been taken into account in setting our fees.
8. General Provisions
8.1 These Terms constitute the entire agreement between you and NextGen in relation to the Services and supersede all prior agreements, representations or understandings.
8.2 If any provision of these Terms is held to be invalid, illegal or unenforceable (in whole or in part) under applicable law, such provision shall be severed to the extent of such invalidity, illegality or unenforceability, and the remaining provisions shall continue in full force and effect.
8.3 NextGen may amend these Terms from time to time. The amended terms will be posted on our website and will become effective at the time we publish them. Your continued use of our Services after such posting shall constitute your acceptance of the amended Terms.
8.4 These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of South Africa.
8.5 You may not assign or transfer any of your rights or obligations under these Terms without NextGen’s prior written consent. NextGen may assign or transfer its rights or obligations at any time.
8.6 No waiver by NextGen of any breach or default by you shall be considered a waiver of any subsequent breach or default.
Call Us:
079 559 8050
Address:
27 Owl Street Cor, Empire Rd, Milpark, Johannesburg, 2193
Mail Us:
info@nextgencorp.co.za
