Scheduled Training & Accepted Quotations

Terms applicable to scheduled courses and accepted training quotations

TERMS AND CONDITIONS

1. Application and quotation validity

These terms apply to scheduled training courses and to quotations accepted by a Client. They must be read together with the registration form, accepted quotation and relevant programme marketing letter.

Unless a quotation states otherwise, it is valid for 90 calendar days from its issue date. A different validity period expressly stated on the quotation takes precedence.

Prices and availability may change before a booking or quotation is accepted. Any change to the agreed course, learner numbers, duration or delivery requirements may affect the price and will be confirmed in writing.

2. Booking and confirmation

A scheduled-course place is reserved only after LeMark has received and accepted a completed registration form together with an official purchase order/order form or proof of payment, as applicable, and has issued written confirmation.

Submitting a registration form is an offer to attend the course and constitutes acceptance of these terms, subject to LeMark’s written booking confirmation. If a confirmation is not received, the Customer must contact LeMark to verify the booking.

Where payment is required before the event, it must be received at least three working days before the course unless the invoice or written confirmation specifies another deadline. LeMark may refuse admission if the booking is not confirmed or required payment cannot be verified. Places are allocated on a first-confirmed basis.

3. Payment and VAT

An official purchase order or company order form is accepted where applicable. Alternative payment arrangements, including electronic payment, must be agreed with LeMark in writing.

LeMark Training & Development is a VAT vendor. VAT will be charged where applicable and as stated on the invoice or quotation. The Client remains liable for payment in accordance with the accepted quotation or invoice.

4. Cancellation, refunds, and substitutions

All cancellations must be submitted in writing. A cancellation is effective only once LeMark has acknowledged it in writing. Unless a specific written cancellation schedule is expressly stated in the accepted quotation, the following charges apply:

• Cancellation received at least 10 working days before the scheduled start date: 70% of fees paid will be refunded; 30% is retained to cover administration and committed costs.
• Cancellation received 5–9 working days before the scheduled start date: 50% of the training fee is refundable; the remaining 50% is payable or retained.
• Cancellation received fewer than 5 working days before the scheduled start date: no refund is due and the full fee remains payable.
• Non-attendance does not constitute cancellation and the full fee remains payable. A substitute learner may be accepted if their details are provided in writing before the course and the substitution is confirmed by LeMark.

5. Changes, postponement, or cancellation by LeMark

LeMark reserves the right to postpone, reschedule or cancel a scheduled course where enrolment numbers or other circumstances make delivery impracticable. LeMark will notify registered learners or the Customer as soon as reasonably practicable.

If LeMark cancels or reschedules a course and a learner cannot attend the replacement date, the course fee paid for that booking will be refunded. This refund is the limit of LeMark’s liability for that cancellation or rescheduling, to the extent permitted by law.

LeMark may change the venue, order of presentations or facilitator where reasonably necessary. Reasonable notice will be given where practicable.

6. Learner arrangements

Unless the programme information or quotation states otherwise, learners are responsible for their own travel, accommodation, meals, parking and incidental expenses.

Learners must arrive on time and comply with reasonable venue, health and safety and course instructions. Attendance and assessment requirements for certification are set out in the programme marketing letter and applicable assessment documentation.

7. Assessment and certification

Where a course requires a Portfolio of Evidence (PoE), assignment or assessment, certification is subject to the applicable attendance, assessment and evidence requirements. Any PoE submission, late submission, reassessment and certificate replacement conditions are set out in LeMark’s separate PoE Terms and Conditions and/or the programme marketing letter.

Where a course does not require a PoE, the type of certificate or confirmation issued will be as stated in the programme marketing letter.

8. Intellectual property

LeMark retains ownership of its pre-existing intellectual property, including course manuals, modules, training materials and methodologies. Course materials are supplied for the registered learner’s personal learning use and may not be reproduced, altered, distributed or used commercially without LeMark’s prior written permission, except where permitted by law.

9. Limitation of liability

To the extent permitted by law, LeMark will not be liable for indirect or consequential loss arising from a learner’s inability to attend or from changes to a scheduled course. Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited.

10. Events beyond reasonable control

Neither party will be responsible for a delay or failure to perform to the extent caused by circumstances beyond its reasonable control, including severe weather, fire, strikes, public emergencies, power interruptions or the unavailability of essential resources. The affected party will notify the other as soon as reasonably practicable and the parties will discuss a reasonable rescheduling arrangement.

11. Provider details

LeMark Training & Development has identified its Services SETA provider entity number as 0149 in its existing documentation. Any accreditation or programme-specific status applicable to a course will be stated in the relevant course information.

Acceptance of Terms

By signing the quotation, submitting a booking or registration form, issuing a purchase order, making payment, or instructing LeMark Training & Development to proceed, the Client/Learner confirms that they have read, understood and accepted the applicable terms and conditions in this document and any specific terms stated in the accepted quotation or programme marketing letter. Where a specific accepted quotation expressly varies a term in this document, the specific written term in that quotation will apply to that engagement.

Portfolio of Evidence (PoE)

Learner submission, assessment and certification requirements

TERMS AND CONDITIONS

1. Purpose and application

These terms apply to assignments and Portfolios of Evidence (PoE) submitted for LeMark Training & Development programmes. They must be read with the relevant assessment guide, programme marketing letter and scheduled training terms, where applicable.

2. Submission deadlines and delivery

Learners must submit their completed PoE or assignment by the due date communicated by the facilitator or stated in the assessment guide. LeMark’s policy is not to accept PoEs more than one month after the original due date.

Learners are responsible for ensuring that a submission sent by post or courier reaches LeMark by the due date. Learners should retain a complete copy and obtain confirmation of receipt.

Submissions must follow the structure, format and instructions in the assessment guide. Incomplete submissions may be returned unmarked at the learner’s cost. Unless LeMark has expressly authorised another method in writing, faxed or emailed submissions will not be accepted. Where original signed pages are required, learners must print, number and sign each page and complete the declaration of authenticity.

3. Extensions and late submissions

Extension requests must be made in writing before the deadline and must include the reason and supporting documentation. An extension is not automatic and is valid only once approved in writing by LeMark.

A one-week extension may be considered in the event of hospitalisation or the death of an immediate family member. Supporting documentation, such as a medical certificate or death certificate, must be provided.

A late submission fee of R895 (VAT inclusive) applies from the first day after the due date, subject to the programme-specific instructions. LeMark may alternatively return a late submission unmarked, in which case the learner may forfeit the opportunity to have that submission assessed. Submissions will not be accepted more than one month after the due date unless an exception is approved in writing.

4. Re-submission and reassessment

One re-submission/reassessment attempt is permitted at no additional cost, provided it is completed within the timeframe specified by LeMark. Where a re-submission is issued with a seven-calendar-day deadline, weekends and public holidays are included.

No extension is normally granted for a re-submission deadline. If the learner misses the deadline or is again found Not Yet Competent, the learner may be required to rebook, pay for and attend the programme again at their own expense, subject to LeMark’s written approval and the applicable programme requirements.

5. Original work, authenticity, and plagiarism

All work submitted must be the learner’s own original work. Learners must complete and sign the declaration of authenticity and acknowledge all sources used.

Copying, collusion, misrepresentation or plagiarism is prohibited. Suspected misconduct may be investigated and may result in the submission being declared Not Yet Competent or other action under the applicable assessment and quality assurance procedures. Where re-attendance is required, the learner may be responsible for the applicable course fee.

6. Attendance and certification

Unless the programme marketing letter specifies different approved requirements, learners must attend the first day of class and achieve at least 80% overall attendance to be eligible to submit the PoE/assignment.

A certificate of competence is issued only when the learner meets the applicable attendance, assessment and evidence requirements. A learner who does not submit a required PoE may receive a certificate or letter of attendance only where this is permitted by the programme requirements and stated in the marketing letter.

7. Learner documents and contact details

Learners must provide a completed registration form and clear certified copies of their identity document and Matric certificate where required for registration or certification. It is the learner’s responsibility to ensure that LeMark has received the required documents and to keep contact details up to date.

8. Certificate reprints and archived records

Requests for replacement or reissued certificates must be made in writing. The fee and processing time will be confirmed by LeMark before the request is processed, as fees and requirements may vary depending on the age of the record and the issuing body.

LeMark’s existing documentation has listed different fees for certificate reprints and archive retrieval. To avoid applying an outdated or inconsistent amount, the current fee will be confirmed in writing at the time of the request. Retrieval of older records may require additional processing time and may depend on the relevant SETA or issuing body.

9. Learner responsibility and communication

Learners should contact LeMark promptly if they do not receive confirmation of submission, an assessment outcome or instructions for reassessment. Learners must keep copies of all submissions and written correspondence.

10. Relationship with other terms

These PoE terms govern submission and assessment matters. Booking, payment, cancellation and course delivery matters are governed by the applicable Scheduled Training Terms and Conditions or accepted quotation. Where a programme marketing letter contains a specific written requirement for that programme, learners should refer to that requirement and seek written clarification from LeMark if there is any inconsistency.

Acceptance of Terms

By signing the quotation, submitting a booking or registration form, issuing a purchase order, making payment, or instructing LeMark Training & Development to proceed, the Client/Learner confirms that they have read, understood and accepted the applicable terms and conditions in this document and any specific terms stated in the accepted quotation or programme marketing letter. Where a specific accepted quotation expressly varies a term in this document, the specific written term in that quotation will apply to that engagement.

In-House Training

Terms applicable to customised training delivered for a client

TERMS AND CONDITIONS

1. Application and quotations

These terms apply to in-house training arranged for a client and must be read together with the formal quotation and any written programme-specific conditions.

Unless the quotation states otherwise, a quotation is valid for 90 calendar days from its issue date. If a different validity period is stated on the quotation, that period will apply.

Quoted prices are based on the agreed scope, number of learners, duration, delivery arrangements and specifications. Changes to these requirements may affect the price and will be confirmed in a revised quotation before the additional work proceeds.

Prices may be adjusted where supplier costs or other agreed delivery costs change before acceptance. Any agreed changes to the scope or price will be recorded in writing.

2. Booking and commencement

Training dates and delivery arrangements will be confirmed with the Client in writing.

Work will commence only once LeMark has received the signed acceptance of the quotation and the required purchase order, official order form or agreed payment. A booking is not confirmed until LeMark has acknowledged it in writing.

3. Learner numbers and programme duration

The quotation is based on the number of learners and the number of training days specified in it. The standard learner number, where applicable, will be stated in the quotation.

The Client must notify LeMark in writing of any requested increase or decrease in learner numbers, programme duration or scope. LeMark may issue a revised quotation to reflect the change.

4. Included and excluded costs

4.1 Included services: Unless the quotation states otherwise, the quoted fee includes facilitation, presenter travel and accommodation, logistics and administration, programme compilation and study materials, assessment, moderation and certification where applicable.

4.2 Excluded costs: Unless expressly included in the quotation, the Client is responsible for arranging and paying for the venue and equipment, learner travel and accommodation, meals and refreshments, safe parking, and any other items identified as excluded in the quotation.

4.3 Accessibility requirements: The Client must advise LeMark of any learner accessibility or accommodation requirements before the programme. Additional services, such as Braille materials, interpretation or large-print materials, may incur additional costs. These costs will be discussed with the Client in advance where reasonably practicable.

5. Payment, purchase orders, and VAT

An official purchase order or order form is required where applicable to the Client’s procurement process. Where agreed, payment may instead be made by electronic transfer or another payment method confirmed in writing by LeMark.

LeMark Training & Development is a VAT vendor. VAT will be charged where applicable and as shown on the quotation or invoice. Payment due dates and any deposit requirements are those stated in the accepted quotation or invoice.

6. Cancellation, postponement, and refunds

All cancellations or requests to reschedule must be submitted in writing by an authorised Client representative. A cancellation is effective only once LeMark has acknowledged it in writing.

Unless the accepted quotation expressly states a different written cancellation schedule, the following cancellation charges apply to the training fee:

• Cancellation received at least 10 working days before the scheduled start date: 70% of fees paid will be refunded; 30% is retained to cover administration and committed costs.
• Cancellation received 5–9 working days before the scheduled start date: 50% of the training fee is refundable; the remaining 50% is payable or retained.
• Cancellation received fewer than 5 working days before the scheduled start date: no refund is due and the full fee remains payable.
• Non-attendance does not constitute cancellation and the full fee remains payable. Any substitute learners must be approved and their details supplied in writing before training starts.

Where LeMark needs to postpone or reschedule a programme, it will notify the Client as soon as reasonably practicable and offer an alternative date. If the Client cannot accept the replacement date, the fees paid for the cancelled delivery will be refunded, subject to any non-refundable third-party costs expressly agreed in writing.

7. Client responsibilities and venue requirements

The Client is responsible for ensuring that the venue is safe, suitable and accessible, and that it complies with applicable health and safety requirements. The venue should have appropriate seating, lighting, ventilation or temperature control, a presentation screen and projector where required, suitable electrical points, a first-aid kit, fire-safety equipment, clearly marked exits, emergency contact information and an evacuation plan.

The Client must provide the equipment and facilities agreed in the quotation and advise LeMark promptly of any circumstances that may affect delivery. Learners remain responsible for their own travel, accommodation and incidental expenses unless the quotation states otherwise.

8. Assessment and certification

Assessment requirements, eligibility criteria and certification arrangements will be those set out in the programme marketing letter, quotation and applicable assessment requirements. A certificate of competence is subject to meeting the applicable attendance, assessment and evidence requirements.

9. Intellectual property and use of materials

LeMark retains ownership of its pre-existing intellectual property, including training manuals, modules, materials, methodologies and related know-how. No transfer of copyright or ownership occurs by virtue of the Client purchasing training services.

The Client and learners may use supplied materials for the agreed training and learning purposes only. Materials may not be copied for commercial distribution, altered, republished or shared with third parties without LeMark’s prior written permission, except where permitted by law.

10. Liability and changes to delivery

The Client is responsible for the venue and its facilities. To the extent permitted by law, LeMark is not responsible for loss or damage arising from unsafe or unsuitable venue conditions or the Client’s failure to meet its responsibilities.

LeMark may make reasonable changes to the order of presentations or substitute a facilitator where necessary. LeMark will provide reasonable notice of material changes where practicable.

11. Events beyond reasonable control

Neither party will be responsible for a delay or failure to perform to the extent caused by circumstances beyond its reasonable control, including severe weather, fire, strikes, public emergencies, power interruptions or the unavailability of essential resources. The affected party will notify the other as soon as reasonably practicable and the parties will discuss a reasonable rescheduling arrangement.

Acceptance of Terms

By signing the quotation, submitting a booking or registration form, issuing a purchase order, making payment, or instructing LeMark Training & Development to proceed, the Client/Learner confirms that they have read, understood and accepted the applicable terms and conditions in this document and any specific terms stated in the accepted quotation or programme marketing letter. Where a specific accepted quotation expressly varies a term in this document, the specific written term in that quotation will apply to that engagement.