This is the Payment Policy of Orel Private Academy (hereinafter “the school”) as approved by the Board of Directors on 15th of November 2019. The school recognises the value of establishing and putting into practice a payment plan culture in the school.
The Constitution establishes two types of school: Public and Independent. According to the Constitution of South Africa, Independent Schools must operate at their own cost, whilst Public Schools are funded by the State. This means that all facilities, resources and services of an Independent School must be paid for by the School itself. Fees are the primary and only income at Orel Private Academy, used to offer quality educational services to our learners.
Defaulting parents pose a very real sustainability risk for Orel private Academy, mostly arguing for the “rights of the child” and blame the school, ironically, not themselves, for “denying” the child the education. It is therefore clearly stated by Orel Private Academy that it is the responsibility of the State to provide basic education, and not that of Independent Schools.
2. Legislative prescripts and regulatory framework
An obligation to pay Independent School fees are never forced upon unwilling parents. Parents seek out, apply and sign a contract that outlines their responsibility to pay school fees at Orel Private Academy. Sending one’s child to Orel Private Academy is a choice, not an obligation.
Non-payment of Orel Private Academy fees is a Breach of Contractual Obligations by the signatory and is enforceable by law. There is no legislative provision that preludes Orel Private Academy from attaching the immovable and movable property of parents who are indebted to the school, and therefore, any immovable and movable property is declared executable for the purpose of enforcement any outstanding school fees.
Parents who elect to enrol their child at Orel Private Academy as an Independent school, must be aware that defaulting on school fees could result in the loss of property of execution.
Parents experiencing difficulty paying school fees, should inform the Financial Committee in writing via email of their problem within the 7 days payment timeframe from the agreed payment date in order to structure their payment for a limited period, to ease the burden (L Moyane: CEO, ISASA).This will only be allowed and structured according to the final decision of the Financial Committee at Orel Private Academy.
Should a parent default on this arrangement, the account will be handed over to the attorneys.
3. Objectives of the policy
The objectives of the school’s Payment policy:
- Orel Private Academy is governed by the Private Schools Act No 104 of 1986. It is therefore clear that school fees at Orel Private Academy is Compulsory.
- According to the Consumer Protection Act 28 of 2008, Independent Schools are free to contract on the same terms as a regular private business. Orel Private Academy as an Independent School therefore also have the right to recover debt owed to us in the same manner as a regular private business.
- The purpose of this policy is to standardise the procedure for the collection of outstanding fees. The policy is in line with the Enrolment Contract as well as the provisions of the Consumer Protection Act (CPA) 68 of 2008 and will apply to all Parents/Guardians/Trust/Benefactors of a child/ children who are students at Orel Private Academy at or from the date of implementation of this policy.
- All outstanding fees, e.g. school fees, registration fees, developmental levy fees, stationery fees, fines, excursions, etc. are subject to this policy and is payable upon invoicing.
- The person signing the contract with Orel Private Academy is liable for the payments of the fees as stipulated by the contract.
- An offer of a place for a child at Orel Private Academy is accepted by payment of the registration fees, the stationery fees, the developmental levy fee, one month’s school fees payable in advance, as well as the satisfactory outcome of a credit check of the person responsible for the account.
- If subsequent to entering into a contract, the child does not take up a place at Orel Private Academy (save for reason of death or long term illness/ hospitalisation) the registration fees and developmental levy fees will not be refunded.
- These fees will be kept by Orel Private Academy as a reasonable cancellation fee for the child’s withdrawal.
- Should Orel Private Academy not accept the enrolment upon registration for any reason, the registration and developmental levy fee is payable to the parent responsible for the payment of the school fees.
- The school requires that all fees are paid in full, in other words, there is no provision in the fees policy for the negotiation of reduced fees. (Responsible parties finding themselves unable to continue paying the school fees are required to seek external financial assistance enabling them to do so).
- The school will be entitled to recover from the parent responsible for the account default administration costs and collection costs, including legal costs of the attorneys and collection commission.
4. Points of departure and basis of the policy
- The parent responsible for the account accepts that an account statement (invoice) printed on a school letter head is proof of the said amount due, owing and payable.
- If the amount is disputed by the parent responsible for the account, the parent shall bear the onus of proving that such an amount is not owing, due or payable.
- In the event of the parent taking responsibility of paying the account at Orel Private Academy for the fees, it is by signature of acceptance of the Terms and Conditions of Enrolment, thereby binds itself jointly and severally in its personal capacity as surety and principal debtor for payment to the school of any amounts which are owing and may at any time become owing to the school by him/ her.
- The parent responsible for the account is entitled to elect (at enrolment and prior to the beginning of each school year), whether to pay the school fees in advance, annually, quarterly or per month, the total costs of which will be set out in a fee schedule and communicated to him/ her on enrolment and in advance of any increase in school fees.
- Should the person responsible for the account elect to opt out of a standing paying arrangement e.g. “wanting to change from quarterly to monthly”, a month’s notice period informing Orel Private Academy in writing of the intention to do so is required.
- Should a change be done from monthly to quarterly or bi-annually, the fees will be entitled to the said discount rate for early settlement.
- Should the payment structure be changed from annually, bi-annually, quarterly to monthly, the discount will be forfeited and a levy of R500.00 will be payable immediately upon the receipt of the instruction to change.
- Failing to pay this levy upon instruction, will nullify the request.
- The parent responsible for paying the account agrees that fees paid advance will be deposited by the School and held in accordance with the Consumer Protection Act, but that the School will be entitled to treat the interest generated from such a fund as income.
5. School fees reviewing and increases
- The School fees will be reviewed annually and may be increased by an amount which the School considers reasonable.
- The School shall give at least one term’s notice of any increase in the fees due.
- The parent responsible for the account has the right to cancel the contract in writing via email at any time, for any reason, provided that it gives Orel Private Academy a full 20 working days’ notice of this intention before withdrawal of the child from the school.
- Should the parent responsible for the account have elected annual school fees payable in advance, those fees will be credited in proportion to the terms remaining, less any amount payable in lieu of appropriate notice.
- The School also has the right to cancel the contract at any time, for any reason, provided that it gives the parent responsible for the account notification, in writing via email, of its decision to terminate the contract.
- At the end of the notification period in question, the parent responsible for signing the enrolment contract will be required to withdraw the child from Orel Private Academy and Orel Private Academy will refund the person responsible for the school fees the balance of any fees pre-paid for that period, less anything owing to the school by him/ her.
- The School may cancel the enrolment contract immediately and has no obligation to return any pre-paid fees to the parent responsible for the account, if the latter is in material breach of any of its obligations and has not in the case of a breach which is capable of remedy, remedied the material breach within twenty (20) business days of the issuance of a notice from Orel Private Academy requiring him/her to remedy the breach.
- In addition, Orel Private Academy, may claim payment of all monies then and owing and damages equal to one terms fees (as calculated at the time of cancellation), taking into account the nature of the service, capacity, planning and reasonable potential to fill the vacancy, but crediting the amount of any pre-paid fees and refunding to the parent responsible for the account, any excess above such damages.
- Payment of fees in full is due for absences (illness, suspensions, holidays taken outside school holidays, etc.)
- The School reserves the right to issue a letter of demand for any overdue amount at any point during the academic year.
- An overdue account will automatically be deemed to be in default and a letter of demand will be issued to the parents responsible for the account, advising the account holder of the School’s intent to hand over the account for collection.
6. Legal Proceedings, payment options and collections
- Legal proceedings to recover the full amount of school fees payable will automatically commence if the balance due is not settled within seven (7) days as from the date of payment, and no prior successful arrangements for payment has been made.
- According to the South African Schools Act, both parents, irrespective of marital status, is held responsible for the payment of the school fees.
- Therefore, Ore Private Academy, reserves the right to recover unpaid school fees either from one or both parents by due process, irrespective of which parent took responsibility for the payment in the Terms and Conditions of Enrolment contract.
The following terms are available regarding payment options:
One payment payable annually in advance by the 15th of January at the beginning of the academic year for which the payment is made. There is a 10% early settlement discount on gross annual fee. Any discount applied will be reversed if payment is not received by due date.
Two payments payable in advance: The first not later than the 15th January and the second no later than the 15th July in the current academic year. Early Settlement Discount: 8% on the gross annual fee. Any discount applied will be reversed if payments are not received by the due date.
Four equal payments, each payable no later than the 15th day of each month of the start of a new term. Early settlement discount: 6% on gross termly (quarterly) fee. No family discount on fees are available. Any discount applied will be reversed if payments are not received by due dates.
Eleven equal payments payable in advance, no later than the 15th day of every month with the first payment starting in January and the last payment being in November of the current academic year. No discount on full fees payable.
Methods of payments include payments via EFT, Cash Deposit or POS at the office of Orel Private Academy. All monthly paying learners pay strictly via debit order, which is only allowed to be loaded in the office of Orel Private Academy using the appropriate bank card.
Orel Private Academy do not permit fee payments to be made in cash on school premises for security and safety reasons.
Payments must be received no later than seven (7) days after arranged payment date.
R150.00 levy charge will be invoiced on the account per unpaid debit order.
No family discount on fees are available.
Account Name: Elsabe Young Opvoedkundige Dienste t/a Smiley Kids Kimberley
Account Number: 62222989628
Reference: Child’s Name and Surname
Please email proof of payment to: firstname.lastname@example.org
Any account not paid by the due date will be invoiced a late payment fee of R500.00
7. Invoicing Procedures
- An invoice (statement) will be generated monthly and will be emailed to the email account holder specified on the Orel Private Academy database.
- The onus is on the parent to ensure that they receive the monthly account or request a copy from the accounts office.
- All requests must be done in writing via email.
- Orel Private Academy reserves the right to do a credit check on the person responsible for the account for the payment.
- Orel Private Academy is entitled, without prejudice to any other nights, to terminate a learner¡¦s enrolment if the school fee account remains in arrears for 14 days after the written notice calling for payment with no prior arrangement.
- Please email proof of payment to: email@example.com
- Any outstanding fees of the previous year must be settled before the start of the next academic year.
- If notice is given in November, the school fees for December will still be charged a cancellation fee.
- The following are included in the school fees (ONLY APPLICABLE TO FULL DAY LEARNERS) and shall not be charged separately:
1. Computer and development in IT.
2. Swimming lessons (Grade R-Grade 7).
Late collection of children will result in a late collection fine of R10.00 per minute (as stated in in the Terms and Conditions of the Enrolment contract. A 15 minute grace period will be granted only to parents who has informed us via email that they are running late).
The Terms and Conditions of the Enrolment Contract commences on the date of signature by the parent as well as Orel Private Academy and automatically terminates on the 31st December of each year. Entry into Orel Private Academy constitutes a re-registration for the following year.