Application Form GRAP Financial Statements: Enhancing Quality Through Review 26-27 February 2018 The following application form consists of two sections: Section A: Individual Applicants Section B: Requesting Entity Application Please only complete the applicable section Section A: Individual Applicants Applicant details Title: Full name: Surname: ID number: Postal Address: Code: Cell no: Tel no: E-mail: Employer/organisation: Department: Job title: VAT Number: Dietary requirements: Please specify so that the necessary arrangements can be made* *Please note that an additional charge may apply for special dietry requirements (e.g. vegan, halaal, kosher etc.). Full name and surname of Applicant Signature of Applicant Date To register, please complete the Application Form and submit the completed form to Rozanne.dalessandro@za.ey.com, copying Nabeela.imamshah@za.ey.com. Should you have any questions or require additional information, please send an e-mail to the above e-mail addresses or you can contact Rozanne D Alessandro on (011) 772 5080.
Section B: Requesting Entity Application Requesting Entity Requesting Entity: Contact person details Name: Surname: Department: Job title: Tel: E-mail: Cell: PO/Order number: Invoice to be made out to: Postal address: (To which invoice must be sent) Code: VAT number of organisation: Applicant details Name Surname ID Number E-mail Contact Number Dietary Requirements 1 2 3 4 5 6 7 8 Full name and surname of entity representative Signature of entity representative Date To register, please complete the Application Form and submit the completed form to Rozanne.dalessandro@za.ey.com, copying Nabeela.imamshah@za.ey.com. Should you have any questions or require additional information, please send an e-mail to the above e-mail addresses or you can contact Rozanne D Alessandro on (011) 772 5080.
1. Recitals Whereas: A. EY wishes to provide training to Participants. B. The Applicants, Participants and/or requesting entities have agreed to enter into this Agreement whereby, inter alia, EY undertakes to provide training in exchange for payment, on the terms and conditions contained in this Agreement. Now therefore the following is agreed: 2. Definitions and interpretation 2.1 In terms of this Agreement, the words below shall mean the following, unless clearly inconsistent or unless indicated otherwise in the applicable context 2.1.1 Agreement means the Application Form as well as these terms and conditions, and any other document intended to be incorporated by reference; 2.1.2 Applicant means any of the following persons requesting to be registered in the Training Course; a natural person in their personal capacity, or a Requesting Entity Applicant, and/or a Requesting Entity person; 2.1.3 Applicable laws means all laws, enactments, orders, ordinances; rules, regulations, regulatory guidance, and regulatory requirements, and also includes any form of secondary legislation, resolution, policy, guidelines, concessions or court or governmental orders from time to time having the force of law and applicable to the performance, receipt or use of the Training Course in the relevant jurisdiction; 2.1.4 Application Form means the form which Applicants are required to complete before being considered for registration and to which these terms and conditions are attached to; 2.1.5 Authorised representative means, in the case of an Application Form being submitted on the request of a Requesting Entity Applicant, any person with the sufficient and necessary authority to authorise the submission of an Application Form; 2.1.6 Business day means any day of the week other than Saturdays, Sundays or any other day officially recognised as a public holiday in the Republic of South Africa; 2.1.7 Business entity means any juristic person; 2.1.8 Closing date means the date upon which registration shall close; 2.1.9 Commencement Date means the date on which the Training Course begins; 2.1.10 Confirmation Date means the date on which EY provides confirmation to Applicants that the minimum attendance threshold has been achieved and that the Training Course will continue; 2.1.11 Effective Date means the date on which the Applicant has submitted an Application Form and EY has informed the Applicant of their successful registration; 2.1.12 EY means Ernst & Young Advisory Services (Pty) Ltd, a company duly incorporated in accordance with the laws of the Republic of South Africa, with registration number 2006/018260/07, having its principal place of business at 102 Rivonia Road, Sandton, 2196, Johannesburg, the Party providing and hosting the Training Course
2.1.13 Government Entity means any organ of state or state owned entity; 2.1.14 Participants means any Applicant/Applicants who have been successfully registered for the Training Course; 2.1.15 Personal Data shall have the same definition as contained in the Processing of Personal Informatin Act, No 4 of 2013; 2.1.16 Processing Purposes shall have the same definition as contained in the Processing of Personal Information Act, No 4 of 2013; 2.1.17 Requesting Entity Applicant means any Government Entity or business entity which requests the registration of Requesting Entity persons for the Training Course, and which intends to bear the costs of such registration; 2.1.18 Requesting Entity Persons means any employees, staff members or other persons being requested to regisered for the Training Course by an Applicant; 2.1.19 Training Course means the training offered by EY on how to perform reviews on GRAP Annual Financial Statements (AFS), as well as practical skills required to critically evaluate financial statements for GRAP compliance in order to improve technical quality of the AFS evaluations. 2.2 Interpretation 3. Registration 2.2.1 In this Agreement, unless clearly inconsistent with, or indicated otherwise by, the context 2.2.2 Any reference to the singular includes the plural and vice versa. 2.2.3 Any reference to natural persons includes legal persons and vice versa. 2.2.4 Any reference to a gender includes the other gender. 2.2.5 Where appropriate, meanings ascribed to defined words and expressions in clause 2.1 Shall impose substantive obligations on Applicants, Participants and Requesting Entities. 2.2.6 T he clause headings have been inserted for convenience only and shall not be taken into account in interpreting this Agreement. 2.2.7 Words and expressions defined in any sub-clause shall, for the purposes of the clause of which that sub-clause forms part, bear the meaning assigned to such words and expressions in that sub-clause. 3.1 An Applicant shall only be considered for registration upon the submission of a completed Application Form. 3.2 EY under its sole discretion and for any reason, reserves the right to accept or reject any Application Form. 3.3 Applicants must submit Application Forms no later than one (1) working day before the Closing Date. Any Application Form submitted after this date may be accepted at EY s discretion. 3.4 An Applicant shall only be registered upon the receipt and acceptance by EY of the submitted application. 3.5 Acceptance of any completed Application Form, amongst other considerations, shall be subject to the successful compliance with clause 4 below (PAYMENT). 3.6 EY shall notify the Applicant of the outcome of their application.
4. Payment 4.1 Before any Applicant will be accepted into the Training Course, EY will require either a paid invoice or a formal purchase order. 4.2 Any failure to comply with the requirements above may result in a rejection of any submitted Application Forms. 4.3 Where payment for registration is intended to be made by a Requesting Entity Applicant the completion of Annexure 1, attached hereto, is required. 4.4 No pro-rata adjustments shall be made for partial attendance. 5. Duration 5.1 This Agreement shall commence on the Effective Date and shall continue in full force and effect unless terminated as further detailed in this Agreement. 6. Cancelation 6.1 Cancellation by an Applicant 6.1.1 Applicants may cancel their submitted Application Forms at any time prior to the Confirmation Date. 6.2 Cancellation by a Participant 6.2.1 Any Participant may cancel their attendance for the Training Course at any time and for any reason. Participants that cancel their registration more than eight (8) working days prior to Commencement Date of the Training Course shall be entitled to a full refund of any amounts actually paid to EY for the Training Course, or in the case of a purchase order, that purchase order shall be cancelled. Any Participant that cancels attendance to the training after the Confirmation Date shall not be eligible for any refund or credit of the owing amount. 6.2.2 Requesting Entity Participants which pay through a purchase order and which subsequently cancel after the Confirmation Date shall become liable for immediate payment of the Training Course fee 6.2.3 Before EY will provide any refund, in the manner as contemplated above, EY will require the Participant to produce proof of payment to EY. 6.3 EY Cancellation: at all times the commencement of this Training Course shall be contingent upon the achievement of a minimum attendance threshold. Should this minimum attendance threshold not be achieved, EY reserves the right to postpone or cancel the Training Course at EY s sole discretion. Should the Training Course be cancelled, EY will notify Participants and EY will provide a full refund for the amount actually paid for registration to the Training Course. Where payment has been undertaken through a purchase order, it will be cancelled. EY shall only be liable to reimburse Participants for payments made for the registration of the Training Course, EY shall not be liable for any other costs or expenses including but not limited to, contingency costs, travel costs, accommodation costs and/ or other arrangement costs or expenses incurred by any Applicants and/or Participants.
7. Variation 7.1 EY reserves the right to change or vary both the Commencement Date and venue. In the instance that such changes or variations occur, EY will provide Participants with notice of such change or variation, prior to the Confirmation Date. 7.2 In the event of a variation to the Commencement Date, all corresponding references to the Commencement Date shall also be changed to reflect such a variation. 8. Data protection 8.1 For the Processing Purposes, EY will Process Personal Data in accordance with data protection requirements under applicable law and professional regulations. EY will require any Service Provider that Processes Personal Data on EY s behalf to adhere to such requirements. 8.2 Applicants warrant that they have the authority to provide Personal Data to EY in connection with the performance of the Training Course and that any Personal Data provided to EY has been processed in accordance with applicable law. 9. Intellectual property 9.1 EY shall retain all Intellectual Property rights vested in any material provided by EY ( EY Materials ) for purposes of the Training Course. Applicants and Participants warrants not to use EY Material for any other purposes, other than those related to the Training Course and learning, including but not limited to the unauthorised sharing, sale, reproduction or distributing of EY Materials. 10. Limitation Of Liability 10.1 Applicants and Participants may not recover from EY, in contract or delict, under statute or otherwise, any amount with respect to loss of profit, data or goodwill, or any other consequential, incidental, indirect or special damages in connection with claims arising out of this Agreement or otherwise relating to the Training Course, whether or not the likelihood of such loss or damage was contemplated. 10.2 Applicants and Participants may not recover from EY, in contract or delict, under statute or otherwise, aggregate damages in excess of the fees actually paid for the Training Course that directly caused the loss in connection with claims arising out of this Agreement or otherwise relating to the Training Course. 10.3 With the exception of liability for death or personal injury, or loss resulting from fraud on the part of EY, or any other liability for which restriction or exclusion is prohibited by law, EY s liability for the aggregate of all claims arising out of or in connection with this engagement in respect of breach of contract or breach of duty or fault or negligence or otherwise (collectively referred to herein as fault ) shall be no more than that proportion of the loss or damage (including interest and costs) suffered by the Participant, which is ascribed to EY by a Court of competent jurisdiction or arbitrator allocating a proportionate responsibility to EY having regard to the contribution to the loss or damage in question by the Participant or any other person based upon relative degrees of fault; it being a term of this engagement that the provisions of section 1 of the Apportionment of Damages act, 1956 will apply to all claims between us and fault and loss or damage as used herein shall respectively be deemed to fall within the meanings of fault and damage as contained in Section 1 of the Apportionment of Damages act, 1956. For the purposes of assessing the contribution to the loss and damage in question of any other person pursuant to the preceding paragraph, it is agreed that no account shall be taken of any limit imposed or agreed on the amount of liability of such person by any Agreement (including any settlement Agreement) made before or after the loss and damage in question occurred. 10.4 Applicants and Participants shall make any claim relating to the Training Course or otherwise under this Agreement no later than within two years after becoming aware (or ought reasonably to have become aware) of the facts that give rise to the claim, and in any case, regardless of the knowledge, by no later than three years after the date of any alleged breach of contract, delictual act or other act or omission giving rise to a cause of action. This expressly overrides any statutory provision that would otherwise apply.
10.5 The limitations contained in this Agreement shall not apply to losses or damages caused by fraud committed by EY or to the extent prohibited by Applicable Law or professional regulations. 10.6 Applicants and Participants may not make a claim or bring proceedings relating to the Training Course or otherwise under this Agreement against any other EY firm or EY or its subcontractors, members, shareholders, directors, officers, partners, principals or employees ( EY Persons ). Any party with any claim, arising out of this Agreement shall make such claim or bring proceedings only against EY. 11. Governing law and dispute resolution 11.1 Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the south african courts, to which each of party agrees to submit for these purposes. The any party to this Agreement, may by Agreement refer any dispute hereunder to arbitration in accordance with the Arbitration Act 42 of 1965. 12. Miscellaneous 12.1 This Agreement constitutes the entire Agreement, and supersedes all prior agreements, understandings and representations with respect thereto, including any confidentiality agreements previously delivered. 12.2 Participants warrant that their Requesting Entity Applicant authorising the registration for this Training Course, shall be bound by the terms of this Agreement. 12.3 Neither EY, Applicants nor Participants may assign any of the rights, obligations or claims under this Agreement. 12.4 If any provision of this Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions shall remain in full force and effect. 12.5 The views relating to any accounting requirements in accordance with applicable standards are those of the presenters, and should not be construed to be an EY opinion or recommendation. 13. Domicila and notices 13.1 EY and Applicants/Participants choose domicilia citandi et executandi ( Domicilium Address ) for all purposes arising from or pursuant to this Agreement, as follows Applicant EY Address 102 Rivonia Road, Sandton, South Africa, 2196 Contact Person Rozanne D Alessandro Email Address rozanne.dalessandro@za.ey.com Phone Number of contact Person (011) 772 5080 or 082 937 9911 13.2 Any and all communications made, shall be addressed to the Contact Person as listed above and shall be via email. 13.3 Cancellation notices shall specifically be deemed to have been duly communicated and received once emailed to the email address of the Applicant provided under 13.1.
In witness whereof the parties have signed this Agreement For and on behalf of the Applicant, Duly Authorised Print name: Title: Date: Location: Print witness name:
ANNEXURE 1 I, the Authorised Representative of, with registration number, with the principle place of business being located at, hereby confirm the following: I have the necessary authority to bind this Requesting Entity Applicant, to this Agreement. The Requesting Entity Applicant agrees that it shall be bound to all the same provisions and obligations which the Participant is bound to. If any of the information contained in this Annexure or provided by me is proved to be false, I will be liable and personally responsible for the fulfilment of any and all of the obligations described in this Agreement. requests the registration of the following persons to the Training Course. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. In witness whereof the parties have signed this Agreement For and on behalf of the Applicant, Duly Authorised Print name: Title: Date: Location: Print witness name: