IndemnitySuretyship - DUT Student Portal

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UNDERTAKING AND INDEMNITY FOR ALL PERIODS OF REGISTRATION

NOTE: REGISTRATION WILL NOT BE COMPLETED/FINALISED UNLESS THIS FORM IS FULLY COMPLETED AND SIGNED

FULL NAMES OF STUDENT ………………………………………………………………………………………………………………………………………………………………………………………………..…

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STUDENT NO:……………………………………………………………………….……

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I D NO: ……………………………………………………………………..................................

By my signature hereto, I fully understand and accept that upon registration I will attend the Durban University of Technology (hereafter referred to as the DUT) and undertake all activities at the DUT entirely at my own risk. I agree that DUT’s liability to me, my estate, my dependants or any other person in respect of any claims arising from loss or damage to property owned by me or in my possession or under my control or from bodily injury to me or from my death shall be limited to the extent to which such claims are covered and met by DUT’s insurance. Thus, save to the extent that any claim (or part thereof) may be covered and met by DUT’s insurance. I hereby release, indemnify and absolve the DUT, its Council, its staff, its agents, representatives and all persons for whom it is vicariously liable against any and all claims whatsoever which claims may be made by me, my estate, my dependants or any other person arising from loss or damage to property owned by me or in my possession or under my control or from bodily injury to me or my death regardless of the nature or cause of such loss, damage, injury or death and regardless of whether it be caused by the negligent act or omission of the DUT, its Council, its staff, its agents, representatives or other persons for whom it is vicariously liable. I understand the nature and extent of this release.

I shall, whilst a registered student, abide by all the rules and regulations of the DUT currently in force and as amended from time to time.

I undertake to make payment of all fees and charges on or before the date upon which payment thereof is finally due, and I otherwise accept and undertake to abide by the conditions relating to payment of fees and charges and deregistration. Should I fail to make timeous payment DUT shall be entitled to charge, and I accept liability to pay, interest on the amount due at the prevailing interest rate applicable to incidental credit agreements from time to time as provided for in the National Credit Act, 34 of 2005, as amended and published in the DUT fees book.

4. I understand and accept that if fees and/or any other monies I owe to the DUT are not paid in full and/or library books and/or other property on loan from the DUT and are not returned then, notwithstanding anything to the contrary, the DUT reserves the right to, inter alia, withhold my examination results until such time as I fully meet these commitments.

5. I undertake to pay all legal costs incurred by the DUT as between attorney and own client, including collection charges, if any, with regard to instructions given by the DUT to it’s attorney for the recovery of any arrear fees and/or other charges due irrespective of whether or not legal action is actually instituted against me.

6. I understand and accept that non-attendance of the academic programme by me for any reason whatsoever does not absolve me from making full payment of the full programme fees and does not entitle me to claim any refund of or reduction in the academic programme fees which may already have been paid.

I further undertake to inform the HOD concerned, of my withdrawal from the academic programme on the prescribed form.

7. As a first time/new student, I understand that in addition to any Departmental pre-requisites, students of the DUT are required to obtain a Senior Certificate or equivalent qualification as a minimum requirement for registration. I undertake to produce to the DUT my original Senior Certificate (or equivalent) Results Statement when I first register and to produce to the DUT my original Senior Certificate (or equivalent) as soon as I receive it. (The DUT will make certified copies thereof and return the originals).

8. If I have previously registered at any other tertiary institution, I undertake to produce to the DUT upon registration a certificate of good conduct and an academic record from the institution.

9. If I am a student who requires a study visa, I undertake to produce such visa to the DUT upon registration and if requested by the DUT, a Certificate of Evaluation from the SAQA upon registration. (The DUT will make certified copies thereof and return the originals).

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I am aware that my registration may be cancelled by the DUT if such registration fails in any way to comply with the regulations of the DUT.

I warrant and declare that all information and particulars furnished on this form are true and correct. I hereby acknowledge that a breach of this warranty constitutes a material breach of the agreement which will entitle the DUT, without prejudice to any other rights or remedies which it may have, to cancel my registration at the DUT.

12. I understand and accept that this undertaking and indemnity will operate as a continuing undertaking and indemnity and cover all my periods of registration as a student of the DUT. I further understand and accept that I will still be required to register at the commencement of each relevant academic period.

13. I understand and accept that unless the offer of a place in residence has officially been made to me, and has been accepted by me, and I have been registered as a student of DUT, the

DUT is not obliged to provide me with residence accommodation.

14. The parties hereby respectively choose as their domicillium citandi et executandi for all purposes herein the following addresses which shall not be post box addresses:

The DUT’s Address: Durban University of Technology, M L Sultan Campus, 41-43 Centenary Road, Durban, 4001

Durban University of Technology, Steve Biko Campus, Mansfield Road, Durban, 4001

Student’s Residential Address : ………………………………………………………………………………………………………………………………………………………………………...………

…………………………………………………………………………………………………………………………………………..………………………Postal Code …………………….……..………..

Parent’s/Guardian’s Residential Address : ……………………………………….…………………………………………………………………………………………………………..…………………

(If the student is under 18 years) ……………………………………………………………………………………………………………………………………………………………..…………………..

……………………………………………………………………………..…………………………………………………………………………………….Postal Code ……………….…………………….

All notices will be delivered either by hand during normal business hours, in which event they shall be deemed, until the contrary is proved, to have been received on the date of delivery, or by prepaid registered post, in which event they shall be deemed, until the contrary is proved, to have been received on the fourth day after posting. A party will be entitled to change their domicillium address on written notice.

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SIGNATURE OF STUDENT

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DATE

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PLACE

DEED OF SURETYSHIP FOR ALL PERIODS OF REGISTRATION

NOTE : REGISTRATION WILL NOT BE COMPLETED UNLESS THIS FORM IS FULLY COMPLETED AND SIGNED

FULL NAMES OF STUDENT …………………………………………………………………………………………………………………………………………………

I.D.NO.: ……………………………………………………………………. STUDENT NO.: …………………………………………………………

SIGNATURE OF STUDENT . …………………………………………

I, the undersigned, being a major of full legal capacity, bind myself to and in favour of the DUT as surety for and co-principal debtor in solidum, jointly and severally, with the student, for the due and punctual fulfillment of all the student’s obligations to the DUT. I renounce the benefits of “excussion”, “division” and “no value received” and agree that I may only terminate this suretyship by given written notice of withdrawal, which may only take effect at the end of the academic year during which notice is given, provided that my liability shall thereafter continue in respect of all indebtedness and other obligations of the student prior to the effective date of the notice of withdrawal.

I undertake to make payment of all fees and charges on or before the date upon which payment thereof is finally due, and I otherwise accept and undertake to abide by the conditions relating to payment of fees and charges and deregistration. Should I fail to make timeous payment DUT shall be entitled to charge, and I accept liability to pay, interest on the amount due at the prevailing interest rate applicable to incidental credit agreements from time to time as provided for in the National Credit Act, 34 of 2005, as amended and published in the DUT fees book.

I understand and accept that if fees and/or any other monies I owe to the DUT are not paid in full and/or library books and/or other property on loan from the DUT and are not returned then, notwithstanding anything to the contrary, the DUT reserves the right to, inter alia, withhold the examination results until such time as I fully meet these commitments.

I undertake to pay all legal costs incurred by the DUT as between attorney and own client, including collection charges, if any, with regard to instructions given by the DUT to it’s attorney for the recovery of any arrear fees and/or other charges due irrespective of whether or not legal action is actually instituted against me.

I understand and accept all fee rules outlined in the rule booklet, Departmental Handbook and General Rule book for students.

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SIGNATURE OF SURETY

Full

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DATE

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PLACE

Names …………………………………………………………………………..…………………… Identity No ………………………………………………………………..……………..

Residential Address ……………………………………………………………………………….………………………………………………………………Postal Code ………..…………..

Tel No (Home) ……………………………..…….….…….(Business)………………..…..…….…………………..……… (Cellular) …………………………………………………………

Name and address of employer ………………………………………………………………………………………………………..……………………………………………………………..

.………………………………………………………………………………..………...………………………………………………………………………………………………………………...

Where the surety is married in community of property, then the signature to this document of the spouse of the surety constitutes the written consent required by the Matrimonial Property

Act No. 88/1984. If the signature of the spouse is not appended to this document, then the signature by the surety alone constitutes a warranty that the surety is a person who has the necessary contractual capacity to be bound by this surety without such consent.

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SIGNATURE OF SURETY’S SPOUSE (If Surety is married in community of property) DATE PLACE

Full Names of Surety’s Spouse ………………………………………………………………………………………………………………………………………………………………...……..

Tel No (Home) ………………….….…….(Business)……..……………….……… (Cellular) ………………………………….…E-Mail Address: ……………..…………………………..

I certify that the surety has acknowledged that he/she knows and understand the contents of this declaration which was sworn to/affirmed before me and the surety’s signature/mark was placed thereon in my presence

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COMMISSIONER OF OATHS

ASSISTANCE AND UNDERTAKING BY THE PARENT/GUARDIAN OF THE STUDENT – To be completed only if the student is under 18 years

Insofar as the student referred to above is a minor, I sign this document in order to legally assist in binding the student to the terms as set out above and I further consent to the student signing this document and all other forms relating to the student’s residence at DUT.

By my signature hereto I also irrevocably undertake that I will not, in any capacity, hold DUT liable for any damage or loss of whatsoever nature which the student and/or I and/or any other person may suffer arising out of the student’s residence at DUT or any DUT approved out-sourced residence. I indemnify and absolve DUT, its Council, staff, agents, representatives and all other persons for whom it is vicariously liable against any and all such claims to the extent that such claims are not covered and met by DUT’S insurance. I understand the nature and extent of this release.

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SIGNATURE OF PARENT/GUARDIAN

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DATE

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PLACE

Name of Parent/Guardian:………………………………………………………………………………………..…. I D No ……………………………………………………………...…….….

Tel No : (Home)…………………………….... (Business) ………………………………(Cellular) ………………………………….E-Mail Address : ………………………..……………...

Employer’s Name and Address ……………………………………………………………………………………………………………………………………………………………..…………

I certify that the parent/guardian has acknowledged that he/she knows and understand the contents of this assistance and undertaking which was sworn to/affirmed before me and the parent’s/guardian’s signature/mark was placed thereon in my presence

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COMMISSIONER OF OATHS

Undertaking indemnityFormsupdated 2007-06-11

FOR OFFICE USE

Name of Staff : ……………………………………..

Signature:……………………………………………

A/C Unblocked: Yes No

Date : …………………

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