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"Goods" means any goods and/or services provided by the Company as ordered by the Client
" Company" means Sample Answers Ltd. incorporating Prime Prospects.
" Client" means the person, firm or company placing an order with the Company.
These terms and conditions apply to any provision of services or materials by the Company to the Client.
All Goods sold by the Company are sold subject to the Company's standard terms and conditions (as detailed below) which form part of the Client's contract with the Company. Terms and conditions on the Client's order form or other similar document shall not be binding on the Company.
The prices, quantities and delivery time stated in any quotation are not binding on the Company. They are commercial estimates only which the Company will make reasonable efforts to achieve.
5.1 Orders will be deemed to have been placed when an email confirmation has been received from a responsible executive of the client company.
5.2 For email invitations, online fulfilment projects and direct marketing files (as provided by Prime Prospects) it is a requirement of the Company, that the email piece, online form or mail piece shall be approved by the company before an order can be confirmed and any data despatched.
Unless otherwise agreed the Company shall be entitled to sub-contract all or any part of the work.
The Company will use its best endeavours to supply the services or materials within the quoted time (normally within a maximum of seven days from order or otherwise as agreed) but time will not be of the essence within the contract.
The Client acknowledges that the rights to the Goods are owned by the Company and that the Goods are protected by United Kingdom copyright laws, international treaty provisions and all other applicable national laws.
The risk of loss or damage to the Goods shall pass to the Client upon delivery of the Goods.
10.1 New clients or other clients out of terms may be expected to pay in advance for their services.
10.2 All other invoices issued by the Company shall be paid by the Client subsequent to completion and return of the booking form, payment must be received prior to commencement of course. If payment cannot be authorised before the course date an alternate payment date has to be arranged by the Client, if not, interest on the outstanding amounts will be charged and calculated as of the date of Order received unless otherwise agreed in writing by the Company. In the event of late payment, the Company may charge interest on the amount outstanding before and after judgement at the rate of five (5) percent above the Base Rate of Barclays Bank plc in force from the due date until the date of payment. In addition, invoices unpaid for more than 60 days after the invoice date will incur a surcharge of either R100 or 5% of the outstanding amount, whichever sum is greater.
10.3 If any amount of an invoice is disputed then the Client shall inform the Company of the grounds for such dispute within seven days of delivery of the goods and shall pay to the Company the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.
10.4 The Company reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.
10.5 Apsol training reserves the right to refuse admission if payment is not received. 10.6 If payment is made by direct deposit, kindly fax proof of payment.
10.7 The fees paid in this respect will not be refunded but can credit to a future training course.
10.8 If any of these Terms and Conditions are not met, all discounts, Bulk discounts or Voucher discounts will be void and you will be liable for the full amount. Non-payment or non-attendance does not constitute cancellation.
11.1 In view of the nature of the service, any order - once confirmed by the Company - is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by a sub-contractor on account of their expenses, work or cancellation conditions will be reimbursed to the Company forthwith. 11.2 All cancellations and rescheduling must be made in writing in advanced. If cancellations and rescheduling is done within the 5 working days of the course, a 50% cancellation fee will be charged. (You will be allowed to substitute with other staff member) 11.3 All cancellations and rescheduling must be made in writing in advanced. If cancellations and rescheduling is done within the 2 working days of the course, an 80% cancellation fee will be charged. (You will be allowed to substitute with other staff member)
12.1 The majority of services as supplied by the company are despatched electronically by email and shall be deemed as having been delivered when the email has been opened by the client.
12.2 The Company reserves the right to substitute conventional delivery methods without notice or penalty should electronic despatch prove inconvenient; in which case delivery by the Company will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. The Company will be entitled to charge the Client for any expenses of delivery other than normal postage charges.
12.3 Apsol reserves the right to reschedule courses due to low enrolment and is not liable for any cost incurred by clients as a result.
All written notices to be served on or given to the client shall be sent or delivered to the client's principle place of business and shall be treated as having been given upon receipt.
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other's business which comes into that party's possession and shall not use such information and material without written permission by the other party. This provision shall not, however, apply to information or material which is, or becomes, public knowledge by means other than by breach by a party to this clause.
Subject to the prior written consent of the Company the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company directly associated with delivery of the Goods.
16.1 The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the licence fees paid by the Client in the year in which the event of default arises.
16.2 Nothing herein shall limit either party's liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
16.3 The Client shall fully indemnify the Company against any liability to third parties arising out of the Client's use of the Goods.
The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.
These Terms of Trading shall be subject to and construed in accordance with the laws of South Africa and the parties hereby submit to the exclusive jurisdiction of the South African courts.

Please direct any complaints to Leon Le Roux (Apsol Training) on (021) 910 3858 or to ISETT SETA on (011) 207 2600