Milpark Student Enrolment Contract
Milpark Student Enrolment Contract
and
the Student
1. Introduction ...............................................................................................................................3
2. Definitions and Interpretations ..................................................................................................3
3. General .....................................................................................................................................4
4. Fees ..........................................................................................................................................4
5. Approval of Payment Terms .....................................................................................................5
6. Admission/Registration .............................................................................................................5
7. Cancellation ..............................................................................................................................6
8. Deferral of Examinations and Suspension of Studies ...............................................................6
9. Classes .....................................................................................................................................6
10. Learning Material and Online Learning Environments ..............................................................6
11. Remote Proctoring of Assessments .........................................................................................7
12. Communication through Direct Messages and Marketing ........................................................7
13. Student Responsibilities in Terms of Personal Information .......................................................8
14. Consents ...................................................................................................................................9
15. Conduct ..................................................................................................................................10
16. Legal Declaration of Indemnity ................................................................................................10
17. Additional Terms .....................................................................................................................10
1.1. The purpose of this Student Enrolment Contract is to set out the terms and conditions of
Milpark; t o serve as a guideline for the services rendered by Milpark; and to outline the
responsibilities of the Student.
1.2. This Contract is a continuous Contract accepted by the Student as part of the admission and
registration process and will remain applicable for the duration of the Student’s studies at
Milpark or until legal cancellation hereof.
1.3. Please note that if the Student is a minor (under the age of 18 years), this Contract must be
reviewed and co-signed by a parent or legal guardian. The parent or legal guardian will also be
held responsible for ensuring the Student fulfills their obligations under this Contract, until the
Student turns 18 years old.
2.1. “Applicant” means a person who is applying to be a Student at Milpark, but who has not been
finally admitted yet, or whose registration has not yet been completed.
2.2. “Alumnus/Alumni” means a former Student(s) of Milpark whose student record is maintained by
Milpark. Alumni are considered as customers /clients for as long as the student record is
maintained.
2.3. “Contract” means this document, including the Student Handbook, Privacy Notices and the
Good Conduct and Disciplinary Policy for Students.
2.4. “Commencement date” is the date of the signature of the Contract, where selection of an
electronic tick box will serve as a signature, in line with the Electronic Communications and
Transactions Act.
2.5. “Fee payer” means the person or entity nominated by the Student to be responsible for
payment of all fees due and owing to Milpark.
2.6. “Fees” means any amount owing to Milpark by the Student. Fees will be communicated to
the Student.
2.7. “Parties” means the Student and Milpark, who are bound to this Contract.
2.8. “Personal information”’ means the information that relates to an identifiable and living natural
person which includes: (a) information describing a person, such as their race, sex,
pregnancy, marital status, nationality, ethnicity, colour, sexual orientation, age, health,
disability, religion or beliefs, culture, language and birth of a person; (b) information relating to
the education, medical, financial, criminal or employment history of a person; (c) any identifying
or contact details (such as a person’s name, email address, physical address, telephone
number, location information); (d) the biometric information of the person; and (e) the
personal opinions, views or preferences of a person or any communications sent to or from a
person.
2.9. “POPI Act” means Protection of Personal Information Act, 2013 (Act No. 4 of 2013).
3. GENERAL
This document, in conjunction with the ‘Student Good Conduct and Disciplinary Policy’ and the ‘Privacy
Notices’, forms the Contract between Milpark and the Student. It is incumbent upon every Student to
acquaint themselves with these documents, accessible via the Student Portal (“myMilpark”). Registration
completion hinges on the signing of this Contract.
Please be aware that if the Student is a minor (under 18 years of age), a parent or legal guardian must
review and co-sign this Contract. The parent or legal guardian will also bear the responsibility of
ensuring the Student meets their obligations under this Contract until they reach the age of 18.
The services provided by Milpark to the Student are outlined in the registration documentation, with
further details potentially available in course or module descriptions.
Please note that the terms and conditions of this Contract may be subject to periodic updates. Milpark
will inform Students of any such changes.
4. FEES
4.1. Milpark retains the right to withhold any results, including the issuance of Academic Transcripts
or any other documentation representing the results, until all outstanding balances are fully paid.
4.2. The following section is not applicable to Students funded by their employers, provided the
employer is a formal corporate client of Milpark:
4.2.1. The Student acknowledges and accepts full responsibility for the timely payment of all
Fees to Milpark.
4.2.2. The Student confirms that they possess adequate funds to fulfill their financial obligations
for the payment of services provided by Milpark.
4.2.3. In cases where tuition fees are payable in installments, any delay in payment of a single
installment will result in the immediate due of the full balance.
4.2.4. Milpark reserves the right to apply interest at the gazetted rate on all overdue accounts.
4.2.5. Milpark may assign the collection of fees to a finance house. In this context, the term
“Milpark Education” encompasses such assignee/s. In such instances, the payment terms
of the finance house will prevail.
4.2.6. The Student understands that failure to make payments may result in the following
consequences, at Milpark’s discretion:
4.2.6.1. The terms and conditions of this Contract may be cancelled, following due
process, if fees are in arrears. Upon termination of the Contract, the Student
will lose access to services provided by Milpark.
When a Student requests a payment plan for their fees (“payment terms”), they are obligated to adhere
to the terms and conditions outlined in the Acknowledgement of Debt Agreement.
By agreeing to the terms and conditions of this Contract, the Student grants Milpark the necessary
consent to perform creditworthiness checks periodically or as needed throughout the duration of this
Contract to facilitate the payment terms.
6. ADMISSION/REGISTRATION
All students are admitted at the discretion of Milpark. Milpark reserves the right to cancel admission
and/or deregister a Student in the event of unreconcilable differences that cannot be resolved following
consultation with the applicable Committee.
Registrations will not be accepted after the current cycle/semester registration closing date. Students
who miss the close of registration date for the current cycle/semester, will be able to register for
their chosen modules in the following cycle/semester.
If we have received an application for registration before the close of registration date for the
current cycle/semester, but all requirements for the application have not been adhered to before this
closing date, the course/module will automatically be considered for the next available cycle/semester,
providing that the requirements are met before the closing date of the next cycle/semester. This also
applies to admission applications that are not finalised before the current cycle/semester close of
registration date. Students will only be able to register for modules on the next cycle/semester if the
admission application cannot be finalised prior to the close of registration for the current cycle/semester.
Should a Student register for the incorrect course/module, then the Student has 10 (ten) working days
from the date of incorrect registration to contact the Milpark Education offices in order to change the
course/module, except in those instances where the course/module has already commenced. All
changes must be requested in writing with written notification of acceptance of such. Thereafter, the
incorrect course/module registration will be updated by Milpark.
The procedures, timelines, and fees associated with cancellation are detailed in the Student Handbook.
In the absence of a cancellation notice, the Student and/or fee payer (e.g., Corporate client) will be held
accountable for liquidated damages equivalent to the outstanding fees. Milpark retains the right to
terminate the Student’s Contract in the event of non-payment of tuition or any other fees.
This Contract becomes effective from the Signature Date and continues until the Student completes
their studies or either party cancels the Contract.
Students are required to consider all factors that may influence their studies prior to committing to the
timelines associated with each module. The deferral of an examination or suspension of studies is only
granted under exceptional circumstances and is subject to the discretion of the relevant committee.
More information regarding the deferral of exams or suspension of studies can be found in the Milpark
Student Handbook, accessible through My Courses.
9. CLASSES
Milpark Education reserves the right, at its sole discretion, to postpone or cancel workshops, contact
classes, or online classes in any course/module initially advertised and offered due to insufficient
demand. Furthermore, Milpark may combine classes of similar academic level and content. Milpark also
holds the right to modify the timetable, with prior notice given to those affected.
Milpark may necessitate Student participation in various online learning environments. These could
include online simulated environments or co-presented and co-certified modules where the online
environment or joint presenter/certifier is a third party in a foreign jurisdiction. (Additional information is
available in the Student Privacy Notice, which forms part of the terms and conditions of this Contract.)
In instances where learning materials are digitally available online, Students may need to access third-
party sites to retrieve these materials.
When Milpark negotiates special rates for auxiliary services or goods such as textbooks from third
parties (e.g., preferred suppliers), it may share basic Student information with the provider to verify the
identity of Milpark students and apply the negotiated discount.
Milpark may dispatch physical course material, letters, or certificates to Students’ physical, postal, or
email addresses.
The Student commits to maintaining the confidentiality of any login details or passwords, refraining from
disclosing them to any third parties for privacy and security reasons.
Milpark reserves the right to control admission to all its physical and online environments.
Milpark employs online assessments (examinations, tests, etc.) that are proctored remotely. Effective
proctoring is crucial for upholding the integrity of the academic assessment process. Students are
expected to participate in online proctored examinations and tests, where the assessment session is
recorded. Unless expressly communicated otherwise in advance, the option of a paper-based
assessment invigilated in person will not be offered as an alternative. To take proctored examinations, a
stable internet connection and adherence to the required hardware specifications are necessary. The
cost of data usage for these examinations is borne by the test-taker. Please consult the Milpark Student
Handbook for detailed specifications regarding the technology requirements for your course. By
agreeing to this Contract, the Student consents to taking online proctored assessments.
Milpark may send direct marketing messages to applicants and Students until they choose to opt out.
A prospective student is considered a customer of Milpark from the moment an initial application is
submitted, as the processing of an application constitutes a service provided by Milpark.
In a gesture of goodwill to our alumni, Milpark maintains open and accessible profiles on the student
portal for them. An alumnus is deemed a customer of Milpark as long as their student profile remains
active. An alumnus can request to deactivate their profile at any time.
Milpark may also dispatch various administrative messages to Students pertaining to course
administration or other aspects of the Student journey. These are not marketing messages, and
Students cannot opt out from them, as these communications are essential for delivering our services to
our Students and conveying crucial information related to their studies. These communications may be
disseminated via email, SMS, notice, letter, phone call, or any other necessary and reasonable means.
The Student must familiarise themselves with the Student Privacy Notice.
The Student is responsible for providing Milpark with their correct and accurate personal information
and is required to keep his/her information up to date on the student portal (myMilpark). Alternatively,
notify Milpark of changes by contacting Student Support.
The Student should communicate with Milpark only from the email address that Milpark has on
record for them. Milpark may ask questions to verify the student’s identity during email or
telephonic interactions. Milpark reserves the right to withhold requested information if the requestor’s
identity cannot be verified. We may not be able to verify identity if the information on record is
outdated or incorrect, or if an email is sent from an address other than the one that Milpark has on
record for the Student.
The Student should avoid providing his/her work email address or a shared email address to Milpark if
he/she has a personal email address that could be used for communication purposes instead. If a
shared email address or an email address belonging to the Student’s employer is provided, Milpark
will not take responsibility for associated privacy risks.
The Student and his/her fellow Students may become privy to some of each other’s personal
information when participating in group or online learning activities. The Student hereby
acknowledges this and agrees that he/she may only use those details for the purposes of the group
work or learning experience in which the information is shared, and may not further share, sell, rent or
make public the contact details or other personal information of fellow Students or staff for any other
purpose without their express consent.
In ordinary circumstances, and where the Student is an adult, Milpark will only communicate with the
Student. In extraordinary circumstances, Students may request that their information be shared with
third parties. These requests need to be made in writing and provide express consent to Milpark to do
so. Each request will be considered on a case-by-case basis.
Students acknowledge that they will take full responsibility for their own studies and that Milpark
has no obligation to liaise with any Student’s parent or guardian, except in exceptional
circumstances or where a Student cannot act on his/her own, regardless of whether the parent or
guardian of the Student is the fee payer.
Milpark favours third party service providers who provide privacy protections similar to what we have
in South Africa. However, we may engage with third-party service providers for the provision of certain
learning experiences or for learning readiness assessments who are independent entities in foreign
territories (such as the USA), who do not offer similar privacy protections. Milpark will exchange the
minimum necessary personal information with these third parties for the following purposes, where
applicable to a course or module: registration on, use of, and assessment in the third-party
environment.
By accepting the terms and conditions of this Contract, you consent to your personal
information being processed by third party service providers in accordance with their
privacy policies and terms of use in territories outside of South Africa, where these third
parties do not offer protections similar to the POPI Act.
Students whose studies are funded by their employers where the employer is a corporate
client of Milpark consent to their information being shared with their employer.
Milpark may submit documentation submitted by the Student to a third-party verification agency to
verify the authenticity of the documents to prevent qualification fraud. Students consent to the
verification of documents they provide by a third-party service provider.
In the event that Milpark needs to institute processes for the recovery of any outstanding fees, the
Student consents to their personal information being disclosed to the finance house/other
institution/debt-collecting agency, attorney or other as necessary for this purpose.
14.5. Other
14.5.1. Postgraduate students consent to their personal information being shared
with Stadio and Investec where such students are, at the discretion of Milpark,
selected to receive an offer of Stadio shares.
14.5.2 The Student consents to their research (e.g. dissertations) being published
publicly online.
Each student registered with Milpark is expected to submit his/her own, unaided work for any
type of assessment. By signing the Contract upon registration with Milpark, the Student
acknowledges that the work presented by him/her is his/her own, original work, and it is also
acknowledged that the Student has read the Milpark Good Conduct and Disciplinary Policy for
Students and understands what constitutes ‘misconduct’ as defined and accepts the consequences
thereof. In addition, the Student agrees to the Examination Rules applicable to online proctored
exams as set out in the Milpark Student Handbook and relevant Privacy Notice for the Student’s
respective qualification. Should a Student commit any form of ‘misconduct’ as defined, such
Student will face disciplinary action being taken against them in terms of the above
Disciplinary Policy
The Student hereby indemnifies Milpark, its staff, and directors from any liability for loss, damage, or
injury that the Student may incur, regardless of the cause.
The Student acknowledges and agrees that Milpark does not provide any risk insurance coverage for
the Student’s personal possessions, and it is the Student’s responsibility to ensure adequate insurance
coverage for their personal belongings.
Furthermore, the Student acknowledges that Milpark, its staff, or its directors will not be held
accountable for any theft, loss, damage, or destruction of any property.
17.1. Milpark delivers forms and results in an electronic format. It is acknowledged by all parties that
data, documents, and other information recorded or transmitted electronically can be subject to
undetectable alterations. These alterations can be intentional or unintentional, resulting from
various factors such as transmission, conversion, media degradation, software errors, or human
intervention. Milpark will not be held accountable for any incorrect usage of the data or
information contained on these pages. The authoritative version of the documents in question is
either the original printed version held by Milpark or, where applicable, the electronic version on
Milpark’s systems.
17.2. The signatories hereby agree that Milpark reserves the right to modify the course
syllabus/curriculum at any time, without prior notification or the need to provide reasons. Milpark
also retains the right to adjust timetables and course commencement dates at its discretion.
17.3. Milpark holds the right, at its sole discretion, to postpone or cancel any initially advertised and
offered course due to insufficient demand.
17.5. Milpark retains the right to control access to any of its premises, both physical and virtual.
Visitors, including students, may be required to sign in, identify themselves, or present proof of
identity as reasonably necessary for safety and security purposes. Anyone entering a physical
Milpark space may be captured on CCTV cameras for security reasons.
17.6. Milpark reserves the right to establish and enforce rules (including performance requirements),
and the Student agrees to abide by such rules. Milpark may exclude the student from
assessments (without affecting Milpark’s right to recover payable fees), withhold a Student’s
assessment results, or dismiss the student for failure to pay tuition fees, non-compliance with
any rules, or breach of this Contract’s terms. The Student and other signatories agree to pay all
tuition fees due at Milpark promptly. If failure to do so leads to legal or other action by Milpark,
any signatories to this Contract other than Milpark will be jointly and severally liable for all costs
related to such action.
17.7. The Student is responsible for ensuring proper registration with any relevant external institute or
examining body, where applicable, and for examination registration with such institute or body.
17.8. In the event of force majeure (unforeseeable/uncontrollable events), Milpark reserves the right
to temporarily close the institution. While efforts will be made to resume operations as soon as
possible, no guarantees are provided in this regard, and no fee refunds will be issued.
17.9. Any leniency, variation, or indulgence granted by Milpark to the other signatories regarding this
Contract does not constitute a waiver of any rights vested in Milpark Education under this
Contract. The Student or other signatory cannot rely on any statement or representation not
contained herein.
17.10. If the signatories to this Contract, other than Milpark Education, have completed this form
incorrectly, or if the payment details herein do not meet Milpark’s requirements, such incorrect
information or payment details will be deemed amended to align with Milpark’s requirements,
without further notice.
17.11. This Contract will take effect upon signature by both parties on the date indicated below.
17.12. This Contract, along with the Student Disciplinary Code, Student Handbook, and Privacy Notice,
constitutes the entire Contract between Milpark and the Student. No warranties or
representations, whether expressed or implied, will be binding on the parties unless formally
written and agreed upon by all parties.
17.13. Milpark reserves the right to amend the Contract, its terms and conditions, and policies
periodically for any reason. These amendments will be made available online and
communicated by Milpark. It is the responsibility of every Student to familiarise themselves with
and stay updated on these changes.