MEMORANDUM OF AGREEMENT
Entered into between
THE CHEMICAL INDUSTRIES EDUCATION AND TRAINING
AUTHORITY
(Referred to as the “CHIETA”)
AND
PLEASE WRITE PROVIDER NAME ON THE LINE ABOVE
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TABLE OF CONTENTS
1.
INTERPRETATION AND PRELIMINARY
3
2.
RECORDAL
3
3.
APPOINTMENT
3
4.
DURATION
4
5.
PRINCIPLES OF THE SME VOUCHER PROJECT
4
6.
TRAINING VOUCHERS
4
7.
TERMS OF PAYMENT
5
8.
UNDERTAKINGS & OBLIGATIONS OF THE TRAINING PROVIDER
5
9.
CONFIDENTIALITY
6
10.
BREACH & TERMINATION
6
11.
WARRANTY OF AUTHORITY
7
12.
NO AUTHORITY TO REPRESENT
7
13.
NO CESSION OR ASSIGNMENT
7
14.
DOMICILIA AND NOTICES
7
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1.
INTERPRETATION AND PRELIMINARY
The headings to the clauses in this agreement are for the purpose of convenience and reference only and shall not be
used in the interpretation of nor modify nor amplify the terms of this agreement nor any clause hereof, unless a
contrary intention clearly appears.
In this agreement, unless the context otherwise requires, the following expressions shall have the following meanings:
1.1. Words importing:
1.1.1.
Any one gender includes the other two genders:
1.1.2.
The singular include the plural and vice versa and
1.1.3.
Natural persons include created entities (corporate or unincorporated) and vice versa
1.2. The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have
corresponding meanings, namely
1.2.1
“Head” means the “A C.E.O” of CHIETA from time to time;
1.2.2
“Commencement date” means the date of the signature of this agreement by the parties;
1.2.3
“Training Provider” means …………………………………………………………………herein represented by
……………………………………………………………………………..
1.2.4
“Parties” means the training provider and CHIETA or either of them as the context may indicate.
1.2.5
“Services” means demand-led training services which the training provider will give to CHIETA companies
participating in the voucher project and employees from small and micro enterprises in the chemical
industry sector in accordance with CHIETA’s Voucher Project.
1.2.6
“CHIETA” means the CHEMICAL INDUSTRIES EDUCATION & TRAINING AUTORITY (SETA).
1.2.7
“Agreement” shall mean this agreement, including all annexures of which are to be considered an integral
part of this agreement.
1.2.8
“Effective Date” shall mean the date of the last party to sign this agreement
1.2.9
“Commencement Date” means the date of the signature of this agreement by the parties
1.2.10 “ETQA” shall mean an Education and Training Quality Assurance body accredited in terms of Section
2(1) of the South African Qualifications Authority (SAQA) Act, Act 58 of 1995
1.2.11 “Finances” shall mean the funds granted to the Training Provider by CHIETA for the financial year
entered into this agreement for the duration of the project.
1.2.12 “Environment” means CHIETA’s operational, configuration and physical environment which the Supplier’s
services, goods and Products’ must meet and maintain throughout the duration of the use of such
services, goods and products
1.2.13 “Intellectual Property” means collectively the patents, copyrights, trademarks, designs, models, trade
names, trade secrets, confidential information and know-how of CHIETA (whether registered or
unregistered including applications for and rights to obtain or use same
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1.2.14 “Loss” means any and all losses, payments, damage, damages, liabilities, claims, proceedings, actions,
penalties, taxes, fines, duties, rates, levies, charges, demands, royalties, or other sanctions
1.2.15 “Party” shall mean a signatory to this agreement.
1.2.16 “Personnel” mean the Service Providers employees only.
1.2.17 Services” means the totality of the services to be rendered by the Service Provider to CHIETA member
companies.
1.2.18 “Service Fee” means the agreed cost inclusive of VAT.
1.2.19 “Business day” means any day of the week, excluding a Saturday, Sunday, or any official public holiday
of the Republic of South Africa
1.2.20 “GAAP” shall mean Generally Accepted Accounting Practice.
1.2.21 “PFMA” shall mean Public Finance management Act.
1.2.22 “MoA” shall mean Memorandum of Agreement.
2.
RECORDAL
2.1. It is recorded that:
2.1.1.
CHIETA will commission the Training Provider from the full spectrum of disciplines and sectors to conduct
demand-led training services to employees of CHIETA stakeholders in the chemical industries sector
only.
2.1.2.
The Training Provider must have a valid and current accreditation status from any seta, experience and
expertise as a training provider.
2.1.3
A training provider must have an established training centre which meets the ETQA accreditation
requirements.
2.1.4
CHIETA will conduct spot check on providers without any notice to the training provider either for
inspection of the venue or when training is conducted
2.1.5.
The parties wish to record the terms and conditions of their agreement in writing.
3.
APPOINTMENT
3.1 CHIETA hereby appoints the Training Provider, which hereby accepts the appointment to train CHIETA member
companies on identified training for employees as stipulated in the voucher project and in this agreement upon
the terms and conditions set out herein.
4.
DURATION
4.1 The Service Provider’s appointment shall commence on and with effect from the Effective Date and shall be
terminable by 1 (one) calendar months’ written notice given by CHIETA to the Service Provider for a period of 12
months.
4.2 Despite the date of signature of this agreement, the parties specifically record that this contract commenced on
……………………………………………………………………………………………..
4.3 Notwithstanding the provisions of clause 4.2 above, CHIETA shall be entitled to terminate the Service Provider’s
appointment without disclosing any reasons for so doing.
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4.4 The Service Provider accepts the aforegoing.
5.
PRINCIPLES OF THE VOUCHER PROJECT
5.1 Course fees should include learning material and will be valid for the duration of the services.
5.2 The voucher system funding model is meant as a subsidy for training interventions and initially replaces the cash
payment until the voucher is redeemed for training.
5.3 The emphasis of the voucher project must be on improving and enhancing business and technical skills by the
SME and making it competitive, based on sound principles with the careful selection of envisaged training
courses for their employees.
5.4 Degree and diploma course funding will not be considered for funding.
5.5 CHIETA will be conducting spot visits without notification or appointment to all training providers participating in
the voucher project
6.
TRAINING VOUCHERS
6.1 A training voucher can only be used once.
6.2 Voucher can only be redeemed at the training provider listed on the face of the voucher
6.3 Voucher can only be used for the course printed on the face of the training voucher
6.4 Voucher can only be used once and is valid for a single course
6.5 Voucher is not redeemable for cash
6.6 Voucher must be used within 1 month of issue. Any extension request must be made within 1 month of issue of
the valid voucher
6.7 Only companies and (not training providers) may request extension with a signed motivation
6.8 A training voucher must be authorised upon registering a delegate for the relevant course as indicated on the preauthorised voucher.
6.9 The training voucher can only be redeemed at the training provider listed on the face of the voucher.
6.10 The training voucher can only be used for the programme/course printed on the face of the training voucher.
6.11 The training voucher is only valid for a single programme/course.
6.12 The training voucher is NOT redeemable for cash.
6.13 Payment will only be made against an authorised (redeemed) training voucher.
6.14 The training voucher is only valid until the expiry date printed on the voucher.
6.15 Training Vouchers will be issued with an expiry date of one (1) month from date of issue.
6.11 Amount Differentiations:
6.11.1
Any amounts exceeding budget allocation per company will be for the companies own account
and CHIETA is not liable for payment
6.12 Cancellations:
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6.12.1
No provider is allowed to cancel vouchers on behalf of CHIETA companies. Only CHIETA
companies must make such requests.
6.12.2
Companies must notify CHIETA in writing about any cancellation for an approved course
6.12.3
Cancellation requests must be made no later than 10 working days before the training
commences
6.12.4
Any cancellation made after training commenced will incur a 20% cancellation fee which will be
added to the voucher funds and made available to CHIETA companies
6.12.5
Cancellation can be reinstated with the consent of CHIETA
6.12.6
Re-issue of cancelled vouchers is not automatic
6.12.7
The provider is to advise the CHIETA on receipt of the cancellation by CHIETA companies or “no
show”.
6.12.8
A cancellation can be reinstated with advanced written notification to and written consent
received from the CHIETA.
6.13 An employer may not substitute learners. The relevant voucher will be cancelled and a new voucher is to
be obtained from the CHIETA for the substitute learner.
7.
TERMS OF PAYMENTS
7.1 In consideration for the services to be rendered by the Training Provider to CHIETA, pursuant to this agreement,
CHIETA will pay the Training Provider as follows:
7.1.1
Redeemed (authorized within expiry date period) vouchers must be forwarded with a signed original
invoice to the CHIETA for payment and the training provider must ensure that all accounting staff
members are aware of the procedure required which is detailed on the voucher system.
7.1.2
Invoices must be accompanied by detailed results per candidate, an attendance register, copy of original
certified certificate issued for each redeemed voucher and a certified original ID copy.
7.1.3
Payment
7.1.4
However all training that is completed by 31 March of the given year must be submitted within 7 working
days of completion of training for end of year finances to be finalised at the CHIETA
7.1.5
Payment will only be made against an authorized training voucher (VOUCHER MUST FIRST BE
AUTHORISED BEFORE ANY TRAINING IS CONDUCTED)
7.1.6
Should it be found that training was conducted before authorization CHIETA will not be liable for any
payment as the training was un-authorized and not approved. It is the responsibility of the provider to
ensure that the voucher is authorised before any training under the voucher scheme is conducted.
7.1.7
An original invoice must be signed by the company and redeemed vouchers must be forwarded to
CHIETA with supporting documentation
7.1.8
Vouchers submitted to CHIETA for payment must be valid. All vouchers submitted after expiry date will
not be considered for payment and CHIETA will not be held liable for payment.
7.1.9
Payment will ONLY be made by CHIETA when all of the above is adhered to
requests must be made to CHIETA within two weeks of completion of the training
7.1.10 Payment of fees due to providers will be paid on CHIETA's normal terms of 30 working days from receipt
of invoice to CHIETA offices not date written on invoice
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7.1.11 No e-mails; copies, faxed or scanned documents will be accepted
8.
UNDERTAKINGS & OBLIGATIONS OF THE TRAINING PROVIDER
8.1 The Training Provider shall furnish CHIETA with the following:
8.1.1
A certified and valid proof of accreditation which will be verified by CHIETA.
8.1.2
Full Name of Training Provider.
8.1.3
Full Physical and Postal Address details of Training Providers.
8.1.4
Contact name, telephone number and email address of a contact person at the institute who will be
responsible for vouchers.
8.1.5
Contact name number and email address of a financial contact person who will handle invoices and
payments.
8.1.6
VAT Registration Number (if applicable) original and current and valid tax clearance certificate.
8.1.7
8.18
A soft copy of price list of courses to be uploaded on the voucher system must be submitted to CHIETA
for approval by the Training Provider
Prices indicated for courses may not be exceeded by providers
8.19
Should it be found that course prices have been escalated by providers, CHIETA will correct the price
8.20
Comprehensive course information to be loaded via web domain, inclusive of course offerings and
venues, to enable CHIETA member companies to make more informed decision regarding the training.
8.21
The relevant authorisation number of each training voucher when submitting original invoice/s for
payment. Vouchers cannot be authorised after expiry date and the CHIETA cannot be held liable for
payment of unredeemed vouchers after respective expiry date/s as per each individual training voucher
issued.
8.22
Providers may not contact the CHIETA on behalf of CHIETA companies or act as third parties
8.23
No enquiring on behalf of CHIETA companies must be made by providers either telephonically or by email
8.24
No provider must apply on the voucher system on behalf of CHIETA companies
8.25
Should a provider be found to be in contravening CHIETA’s terms and conditions; CHIETA has the right
to deregister providers and any approved and pending applications will be distributed to amongst other
providers on the voucher system
8.26
Training Providers will be expected to conduct training timeously, efficiently and to the highest
professional standard. In this regard, the training provider warrants that it has the necessary skill,
expertise and resources to render the services.
8.27
The provider shall provide the CHIETA with evidence for the training conducted for SETA monitoring and
reporting. Such evidence include a signed learner schedule, registration documents of enterprise,
certified ID copies of learners and certified learner certificates.
8.28
The provider shall provide the CHIETA with a close out report detailing the value added of the training
conducted and impact it will have on the entity being trained.
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9.
CONFIDENTALITY
9.1 The Training Provider agrees not to use for their own benefit or for the benefit of any other person and not to
disclose to any third party, during the currency of this agreement or at any time thereafter, any confidential
information of CHIETA to which it may have access.
10. BREACH
10.1
If any party breaches any material provision (or terms of this agreement) and fails to remedy such breach
within 14 (fourteen) days, or within such further period as may be reasonable in the circumstance, then the
aggrieved party shall be entitled without notice. In addition to any other remedy available to it at law or under
this agreement, including obtaining an interdict to cancel this agreement or to claim specific performance of
any obligation whether or not due date for performance has arrived in either event without prejudice to the
aggrieved party’s right to claim damages.
10.2
In addition to any other remedy available at law or under this agreement, including obtaining an interdict, the
agreement may be cancelled.
10.2.1
By either party if the other party is at any time placed in liquidation, whether final or provisional
liquidation or if it goes into voluntary liquidation (save for the purposes of amalgamation or
reconstruction) or if it is placed under judicial management whether final or provisional:
10.2.2
By either party if an order, whether provisional or final, is granted for the surrender by the other party
of its estate or for the sequestration of its estate, without prejudice to its right to claim damage.
11. WARRANTY OF AUTHORITY
11.1
The Training Provider warrants to CHIETA that it has the power, authority and legal right to sign and perform
this agreement and that this agreement has been duly authorised by all necessary actions and constitutes
valid and binding obligations on it in accordance with the terms of this agreement.
12. NO AUTHORITY TO REPRESENT
12.1
Notwithstanding anything to the contrary herein contained the Training Provider acknowledges that neither it
nor any of its employees has any authority whatsoever to represent CHIETA in any capacity whatsoever.
12.2
In particular, but without limiting the generality of the aforegoing, neither the Training Provider nor any of its
employees shall be entitled to conclude any contracts on behalf of CHIETA nor to sign any documentation on
behalf of CHIETA.
12.3
Nothing herein contained shall constitute the Training Provider as the agent partner, representative, licencee
or employee of CHIETA and the Training Provider shall have no authority to represent CHIETA, save to the
extent that such representation would fall within the ambit of the training services to be rendered by the
Training Provider to CHIETA as contemplated in this agreement.
13. NO CESSION OR ASSIGMENT
13.1
Save expressly provided elsewhere the consultant shall not be entitled to cede or assign its rights and
obligations hereunder to any third party without the prior written consent of CHIETA.
14. DOMICILLIA AND NOTICES
14.1
The parties choose as their domicilla citandi at executandi for all purposes under this agreement, whether in
respect of court process, notice or other documents or communications of whatsoever nature, the following
addresses-
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CHIETA
TRAINING PROVIDER
2 Clamart Road
Richmond
2090
Tel:
(011) 628-7000
Fax:
(011) 726-7777
14.2
Any notice or communication required or permitted to be given in terms of this agreement shall be valid and
effective only if in writing.
14.3
Any party may by notice to the other parties change its domicilium clandi at executandi to another physical
address in the republic of South Africa, provided that the change shall become effective on the 7th day after
the latest receipt of the notice.
14.4
Any notice to a party contained in a correctly addressed envelope and
14.5
Sent by prepaid registered post to it at its domicilium clandi at executandi or
14.6
Notwithstanding anything to the contrary herein contained a written notice or communication actually received
by a party shall be an adequate written notice or communication to it not withstanding that it was not sent to or
delivered at its chosen domicilium citandi at executandi.
14.7
This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no
agreement representation or warranties between the parties other than those set out herein are binding on the
parties.
14.8
No addition to or variation, consensual cancellation or novation of this agreement and no waiver of any right
arising from this agreement or its breach or termination shall be of any force or effect unless reduced to writing
and signed by all the parties or their duly authorised representatives.
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PLEASE NOTE:
1. CHIETA requires two (2) original and signed copies of the Provider SLA. The main signatory as well as
two (2) witnesses must initial each page of the SLA.
FOR THE CHIETA:
Date:
_____________________________
Place:
_____________________________
Signature: _____________________________
Witness 1: _____________________________
Witness 2: _____________________________
FOR THE TRAINING PROVIDER:
Date:
____________________________
Place:
____________________________
Signature: ____________________________
Witness 1: _____________________________
Witness 2: _____________________________
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