Terms &
Conditions _
Full Time Courses
By acceptance to ADA (ADA) and where the Student has entered upon studies at ADA pursuant to the contract entered into between the Student and ADA, the Student, lawful guardian and/or sponsor shall, together with the Student, be liable jointly and severally for the due fulfillment of all terms of the Contract of Enrolment. The student, lawful guardian and/ or sponsor are herein collectively referred to as the “Student”.
1. General
1.1) The Student will comply with all the rules and regulations of ADA as may be laid down from time to time with the intent and purpose of entering the highest possible academic standard and the best creative results from the whole student body.
1.2) A minimum of 15 Students is required for the course to commence.
1.3) The Student hereto accept that ADA shall have the right to vary the course syllabus at any time, without prior notification and without furnishing reasons therefore. ADA shall further have the right to alter timetables and course commencement dates where necessary;
1.4) The Student notes that the ADA campus does currently not have wheelchair access.
2. Student Fees
2.1) The annual course fee is set out in the Schedule of Fees attached hereto
2.2) The Student can choose the method of payment as set out in the Schedule of Fees attached hereto.
2.3) A non-refundable enrollment fee of ZAR 3000 is required to reserve the seat for the studies. In case of completion of the course enrolled in, the amount of ZAR 2500 of the aforementioned enrollment fee is paid towards the annual course fee and the remaining amount of ZAR 500 is used as a general admin fee.
2.4) The student is required to achieve the full amount of credits for the programme they enrolled in to be awarded the qualification. In the event a student fails an assignment with an outcome of 40-49% for the module or fails one or more module(s) they need to apply for a paid resubmission or repeat the module(s) with the fees below for the account of the account payer in order for the student to acquire the missing credits:
Resubmission:
- R150 for formative assessments
- R200 for summative assessments
Repeat Module(s):
- Administration fee: R500 (once off); (not applicable to students enrolled in the current academic year)
- Additional fee of R3000 per repeat module for failed module of 2-3 week duration
- Additional fee of R5000 per repeat module for failed module of 4+ weeks duration
2.5) In the event of any fees due by a Student being unpaid on due date, the full balance of such fees remaining unpaid shall become immediately due and payable and interest shall be charged by ADA on the amount due from due date of payment at a rate of 2% per month or part thereof, or alternatively at the maximum rate of interest permissible by law, calculated from the date of due payment to the date of actual payment.
2.6)In the event of any fees due by a Student being unpaid on due date ADA reserves the right to suspend the training for the Student in arrears with the payment. The suspension of the training does not affect this Contract of Enrolment and particularly not the Student’s obligation to payment of the tuition fees due.
2.7)In the event of any fees due by a Student being unpaid and after a letter of final demand for payment and the Student remaining in breach of their obligation to payment of the tuition fees despite seven (7) days written notice of the breach then, and notwithstanding anything to the contrary contained herein,
ADA shall be entitled to cancel this Contract of Enrolment and to terminate the Student’s registration as a Student of ADA. In the event of such cancellation and without prejudice.to any further claim for damages that ADA may have ADA shall be entitled to retain all monies paid in terms of this Contract of Enrolment and to claim payment from the Student for the balance of tuition fees due.
2.8) A statement of account reflecting the amount due by the Student is hereby agreed to be prima facie evidence of the amount due and to support an Application for Summary Judgment by ADA against the Student. ADA reserves the right to cede the collection of fees to a finance house or any other institution.
2.9) In the event of any proceedings being instituted by ADA against the Student then, by the signature hereto, the Student consents, in terms of Section 45(1) of Magistrate’s Court Act No 32 of 1994, as amended from time to time, to any proceedings which may be instituted in the Magistrate’s Court which has jurisdiction in terms of Section 28(1) of the Magistrate’s Court, as so amended, notwithstanding the amount of the claim.
2.10) The student shall be liable for all legal costs and charges on an attorney and client scale incurred by ADA, as well as all tracing costs, collection costs, and any other disbursements which are incurred in recovering monies which may at any time be owed by the Student to ADA.
2.11) Students will not receive reports, certificates or exam results unless account is paid up in full.
2.12) No reservation is confirmed until the enrolment fee is paid in full.
3. Cancellations and “No-shows”
3.1 ) If a course is cancelled by ADA registered Students will be offered to transfer to another course or given a full refund. ADA shall not be liable for any other consequential loss.
3.2) Cancellation of registration by a Student must be made in writing or by email at least 10 working days before the course starts. A full refund of the course fees will be made, less the non-refundable enrolment fee of ZAR 3,000 as set out in Section 2.3. above.
3.3) Should a Student fail to cancel less than 10working days before the course starts or failto arrive for the course, he or she shall not beentitled to claim any reimbursement and thefull course fee plus the general administrationfee of ZAR 500 as set out in Section 2.3. abovewill be charged.In the event of a Student desiring to terminatestudies, for any reason whatsoever, thecancellation must be made in writing to ADAwith a 20 days notice period and the studentshall be liable to pay the reasonablecancellation costs which ADA has determinedto be reasonable at 80% (eighty percent) ofthe annual course fee charged which thestudent and the account payer hereby agreeto by their signature.Any student shall only be entitled to cancelunder this clause up until the 30th of June ofthe year of registration. No cancellation willbe accepted after the 30th of June.
3.4) In the event a student is enrolled in more than one one-year programme and cancels their studies after the 1st or 2nd year of the studies, the reasonable cancellation costs of 80% as per Section 3.5 above are calculated on the basis of the general course fees for the year of cancellation as set out in the Schedule of Fees as if the student hadn’t enrolled for more than one one-year programme.
3.5) The Student’s failure to attend lectures forwhatever reason shall in no way entitle themto a reduction in fees, nor will it absolve themfrom full liability for the payment of fees andother charges.In the event that a Student applies for and isgranted a medical deferral of studies to asubsequent academic year, such deferral shallnot relieve the Student and/or account payerof the obligation to pay the full tuition fees forthe academic year in which the Student wasoriginally enrolled. All fees for that academicyear shall remain due and payable inaccordance with the Contract of Enrolment,notwithstanding the deferral.
3.6) A deferral student registration fee of ZAR 3,000 is payable in the new academic year in all cases of a granted deferral since the student will be re-registered for another academic year.
3.7)ADA shall have the right at its sole discretion, to cancel tuition in any course or subject initially advertised and offered, on the basis of insufficient demand. ADA further reserves the right to combine classes of a similar academic level and content.
4. Indemnification
4.1) The Student hereby indemnifies ADA againstany risk, loss or damage of whatsoever natureor kind arising out of any claim, which may bepreferred against ADA as a result of anyhappening of whatsoever nature or kindwhich may take place on the premises of ADA,or in connection with the affairs and activitiesof ADA in which the Student takes part.Neither ADA nor any official employee orrepresentative of ADA acting in their capacityas such shall be liable for any damage arisingout of the death, bodily harm, loss of healthor illness of any Student howsoever caused.
4.2) Furthermore the Student hereby holds theADA free from any claim of whatsoever natureor kind arising out of any loss or damagewhich may be suffered by the Student whilston the premises of ADA or in connection withthe activities of ADA, arising from any causewhatsoever. Neither ADA nor any officialemployee or representative of ADA acting intheir capacity as such shall be liable for anydamage to any property owned by or in thecustody of any Student, howsoever caused.
4.3) The Student hereby indemnifies ADA against any claim made against ADA in respect of any damages arising out of the fault of the Student.
4.4) The Student shall be responsible to pay for all damage or loss caused by the Student to any property of ADA or any other person lawfully on the premises of ADA.
5. Intellectual Property: Student Work
5.1) All works, inventions, designs, artistic works, computer programmes, source code, scripts, assets, visual materials, audio, documentation, trademarks, logos, know- how, ideas, and any other intellectual property (“Works”) created, conceived, developed, or contributed to by the Student during their studies, projects, or participation in any programme, course, or initiative of ADA, whether individually or jointly with others, shall vest in and remain the exclusive property of ADA.
5.2) This assignment of rights shall extend to any Works created, conceived, developed, or contributed to by the Student after the conclusion of the relevant course or programme but prior to the commercialisation of any game, project, or production initiated within ADA.
5.3) The Student hereby irrevocably assigns, transfers, and makes over to ADA all rights, title, and interest in and to such Works worldwide, including all copyright, moral rights (to the extent transferable under South African law), and other intellectual property rights, on a fully paid-up and royalty-free basis. No further remuneration, royalties, or compensation shall be payable to the Student in respect of such Works.
5.4) ADA shall have the unrestricted right to adapt, modify, reproduce, publish, exhibit, and otherwise use such Works for:
- internal educational purposes,
- institutional records,
- exhibitions, showcases, and portfolio reviews,
- marketing and promotional activities of ADA.
5.5) ADA shall not use Student Works for independent commercial exploitation, licensing, or sale without a separate written agreement with the Student.
5.6) The Student waives, to the maximum extent permitted by law, any claim to moral rights in respect of the Works, including but not limited to the right of attribution or the right to object to modifications.
5.7) The provisions of this clause shall endure beyond the termination or completion of the Student’s enrolment and shall remain binding until such time as the relevant project, game, or production has been formally commercialised by ADA.
6. Non Variation Clause
6.1 ) No warranty or representation express or implied or variation of this Contract of Enrolment shall affect the terms hereof unless such warranty of such representation or variation shall be reduced to writing under the hands of the parties hereto.
6.2) The terms of this Contract of Enrolment shall novate, cancel and supersede the terms and conditions of all prior negotiations, documents, letter or verbal communications between the parties hereto with the intent and purpose that the terms and conditions hereof shall be deemed to constitute the sole memorial of the Contract of Enrolment between the parties.
6.3) If any provision of the Contract of Enrolment is or becomes illegal, invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue unaffected.
Short Course Terms & Conditions
By enrolling in an ADA short course, you agree to the terms below.
1. Enrolment & Payment:
• Enrolment is confirmed only once a non-refundable enrolment fee of R3,000 is paid.
• The enrolment fee forms part of the total course fee.
• The full balance is payable before or on the first day of the course, unless agreed otherwise in writing.
• A minimum of four (4) participants is required for a course to proceed.
2. Course Changes:
ADA may reasonably amend course content, facilitators, schedules, venues, delivery method (including online delivery), or start dates where necessary.
3. Cancellation by ADA:
If ADA cancels a course, enrolled participants will be offered either:
• a transfer to another course; or
• a course voucher equal to fees paid excluding the enrolment fee.
No cash refunds will be issued. ADA is not responsible for consequential losses.
4. Cancellation by Participant:
• Cancellations must be submitted in writing.
• If cancelled more than 4 working days before the course start date, the participant will receive a course voucher equal to fees paid, excluding the R3,000 enrolment fee
• Cancellations within 4 working days, failure to attend, or withdrawal after the course starts do not qualify for a refund or voucher.
• Course vouchers are non-transferable, valid for 12 months, and may be used for any ADA short course.
5. Substitutions & Deferrals:
Participants may request a substitute or deferral in writing, subject to availability and ADA approval.
6. Attendance & Certificates:
Attendance certificates or confirmations are issued only once all fees are paid in full.
7. Conduct:
Participants must comply with ADA policies and codes of conduct. ADA may suspend or remove a participant for misconduct without refund or voucher.
8. Intellectual Property:
Work created during short courses remains the participant’s property. ADA may use such work for marketing, educational, and accreditation purposes, unless the participant objects in writing.
9. Liability
Participation is at the participant’s own risk. ADA is not liable for loss, injury, or damage unless caused by gross negligence or wilful misconduct.
10. General
• Outstanding fees may attract interest at prime + 2%.
• The participant is liable for reasonable legal and collection costs incurred by ADA.
• If any provision is unenforceable, the remaining terms remain valid
• These terms constitute the entire agreement and are governed by South African law
Refer a friend campaign
By participating in the Refer a Friend Campaign, participants agree to be bound by these terms and conditions. The Academy of Digital Arts reserves the right to amend these terms and conditions at any time without prior notice.
1. Eligibility:
• The Refer a Friend Campaign (“the Campaign”) is open to all current students and alumni of the Academy of Digital Arts.
• Only referrals made by current students or alumni are eligible for participation in the Campaign
2. Referral Process:
• To participate in the Campaign, the referrer must refer a friend or acquaintance who is not currently enrolled in any course at the Academy of Digital Arts.
• The referrer must provide accurate contact information of the referred individual during the referral process.
3. Reward:
• Upon successful enrollment as well as paid up fees of the referred individual into a full time course at the Academy of Digital Arts, the referrer will receive a referral fee of 10% off the referred individuals course fees.
4. Enrollment Criteria:
• To be considered a successful referral, the referred individual must enroll in a course at the Academy of Digital Arts within 60 days of receiving the referral.
• Enrollment is subject to meeting all admission requirements and criteria set forth by the Academy of Digital Arts for the respective course.
5. Multiple Referrals:
• Referrers may refer multiple friends or acquaintances to participate in the Campaign.
• Each successful referral will qualify the referrer for a 10% discount on their course fees on their next continuing education course or professional development program.
6. Disqualification:
• The Academy of Digital Arts reserves the right to disqualify any referral or referrer if it is determined that the referral was made fraudulently or in violation of these terms and conditions.
• The Academy of Digital Arts also reserves the right to modify or terminate the Campaign at any time without prior notice.
7. Communication:
• By participating in the Campaign, both the referrer and the referred individual consent to receive communication from The Academy of Digital Arts regarding the Campaign and other relevant promotions or updates.
• Participants can opt out of receiving such communication at any time by contacting info@ada.ac.za.
8. Governing Law:
• These terms and conditions shall be governed by and construed in accordance with the laws of South Africa.
• Any disputes arising out of or in connection with the Campaign shall be subject to the exclusive jurisdiction of the courts of Cape Town