LOAN AGREEMENT FORM ID 9 5 0 6 2 5 5 2 9 7 0 8 4 1

For use by NSFAS Head Office

Application Loan No.
Ref. No.

2017 LOAN AGREEMENT

DHET
Being a Credit Agreement as contemplated in the National Credit Act No 34 of 2005
("The NCA") National Credit Regulator Registration No. NCRCP2655.

(Referred to in this agreement as "NSFAS")

and

SANELE WISEMAN KHANYILE

....................................................................................................
(Referred to in this agreement as "STUDENT")

NSFAS | signedLAF@nsfas.org.za | Tel 0860 067 327 | Fax 086 644 2822
LOAN AGREEMENT FORM ID 9 5 0 6 2 5 5 2 9 7 0 8 4 2
1. PARTICULARS OF STUDENT

*ID Number 9 5 0 6 2 5 5 2 9 7 0 8 4
*Surname KHANYILE
................................................................................ *Date of Birth 1995-06-25
............................................
*Name SANELE WISEMAN
................................................................................ Title ............................................
Gender X Male Female
Disabled Yes X No Nature of Disability ..................................................................
Race X African Asian Coloured Indian White
Marital Status Divorced Married Unmarried Widowed X Other

HOME ADDRESS (physical)

Address 5655 Nyathi Place DURBAN DURBAN
.............................................................................................................. Durban
City .................................
Province KWAZULU NATAL
........................................................ Country Republic of South Africa
...................................... Postal Code 4027 ....................

POSTAL ADDRESS
Address .............................................................................................................. City .................................
Province ........................................................ Country ...................................... Postal Code ....................

CONTACT DETAILS
Home Telephone ..............................Cellphone 0848345958
................................. Email .............................................................

2. PARTICULARS OF ALTERNATE POINT OF CONTACT (next of kin)

Surname ........................................................ Name ................................. Title ...............................

Relationship (parent, legal guardian, sibling, spouse, partner, other) .........................................................................

HOME ADDRESS (physical)

Address .............................................................................................................. City .................................
Province ........................................................ Country ...................................... Postal Code ....................

CONTACT DETAILS
Home telephone ........................................................ Work telephone .......................................................................
Email .............................................................................................................................................................

3. PARTICULARS OF STUDY

Student number 21519890

.............................................................................................................................................................
University name MANGOSUTHU UNIVERSITY OF TECHNOLOGY
.............................................................................................................................................................
Campus name .............................................................................................................................................................
Course of study N DIP AGRICULTURE (4 YR)
.............................................................................................................................................................
Level of study 3rd year/level
.............................................................................................................................................................

4. PARTICULARS OF NSFAS

NSFAS postal address Private Bag X4 | NSFAS contact number 086 006 7327
Plumstead | NSFAS fax number 086 644 2822
7801, South Africa | NSFAS email address signedLAF@NSFAS.org.za

NSFAS | signedLAF@nsfas.org.za | Tel 0860 067 327 | Fax 086 644 2822
LOAN AGREEMENT FORM ID 9 5 0 6 2 5 5 2 9 7 0 8 4 3
5. CAPPED LOAN AMOUNT AND INTEREST

5.1 The maximum amount (principle debt) for which the student will be liable upon exit of studies R 156940 ...........................
one hundred fifty-six thousand nine hundred forty rand and zero cents
....................................................................................................................................................................................

5.2 The maximum loan amount over seven year(s) is R156940, at 10% interest per year. As such interest on the
total debt amount will be calculated as follows:
Example 1: Interest at 4.0% Example 2: Interest at 5.0% Example 3: Interest at 10.0%
Total debt = R156940 Total debt = R156940 Total debt = R156940
Repayment term = 120.0 months Repayment term = 120.0 months Repayment term = 120.0 months
Repayment installment = R1588.94 Repayment installment = R1664.59 Repayment installment = R2073.97
Total repayment = R190672.94 Total repayment = R199751.06 Total repayment = R248876.84

5.3 NSFAS has the right, in terms of clause 1.2 of the Loan Conditions, to reduce this amount.

5.4 Whilst the student borrower remains studying at a Public Higher Education Institution, interest will remain at 0%
of the loan amount, until such time as twelve (12) months post-exit from the institution, at which point interest will
accrue on this loan amount.

6. AGREEMENT

Acknowledges that this is a Loan Agreement between NSFAS and the Student and is made up of this loan agreement
form, the loan terms and conditions document.

Cell phone ........................................................ Email .......................................................................

NSFAS requires a cell phone number or email address as a minimum requirement in order to communicate effectively with you during the
application process. Please ensure that you have access to an email account as NSFAS will be communicating with you using this email address
as the preferred method during the application for financial aid process. If you don't already have an email address, you can create a free email
account by accessing www.gmail.com, www.yahoo.co.za or any free service provider.

................................................................................
STUDENT
Student Name ...................................................
ID Number

................................................................................
PARENT / GUARDIAN
Full name ...................................................
ID Number

NSFAS | signedLAF@nsfas.org.za | Tel 0860 067 327 | Fax 086 644 2822
LOAN AGREEMENT FORM
LOAN AGREEMENT FORM TERMS AND CONDITIONS
THESE ARE THE TERMS AND CONDITIONS FOR ANY LOAN WHICH MAY BE AWARDED TO A STUDENT.
1. LOAN AMOUNT
1.1 The loan amount recorded in the loan agreement will be paid as a credit to
the student account with the university, for the academic, residence, student
levies and other similar cost of pursuing the course of studies for which the
student is registered.
1.1.1 Payment will be made to the university at times agreed between
NSFAS and the university.
1.1.2 The loan referred to in this document has been made for the
qualification referred to in paragraph 5.1 of the loan agreement Form (see
clause 12 below).
1.1.3 If, at the end of that academic year, any part of the loan amount has
not been used to pay fees and costs owed by the student to the university,
that unused part will be returned by the Institution to NSFAS, and the
outstanding balance owed by the student to NSFAS in terms of this
agreement will be reduced accordingly.
1.2 NSFAS will be entitled, if it so chooses, after this agreement has been
signed but before any part of the Loan Amount has been paid to the university,
to reduce the loan amount. NSFAS will not be obliged to notify the student of
any amendments made in terms of this clause 1.2, other than by recording the
outstanding balance of the loan amount from time to time in the statements
sent to the student in terms of clause 6. That reduced amount will constitute
the Loan Amount for the purposes of this agreement.
1.3 The Loan Amount is the principal debt owed by the student to NSFAS, as
contemplated in section 101(1)(a) of the National Credit Act, No. 34 of 2005
(The Credit Act).
1.4 NSFAS reserves the right to introduce credit insurance on this principal
debt.
2. INTEREST
2.1 Whilst the student borrower remains studying at a university, interest will
remain at 0% of the loan amount. Interest will start to accrue on the debtor
individual loan account balance based on the exit date of the student. The exit
date is defined as the date the student exits the Institution, regardless of
whether the student has graduated. The interest will start to accrue on the
outstanding Capital balance after the exit date from the Institution or when
contractual repayment becomes due or payable.
2.2 Interest will be charged at the initial annual rate of interest recorded in the
accompanying loan agreement.
2.2.1 NSFAS interest rate is fixed on 1 April every calendar year, and that
rate applies for the next twelve (12) months, until 31 March of the following
year.
2.2.2 The NSFAS interest rate is fixed at Eighty (80) percent of the
Repurchase (Repo) Rate as at 1 April.
2.2.3 The Repo Rate is the Repurchase Rate as determined from time to
time by the Monetary Policy Committee of the South African Reserve Bank.
2.2.4 NSFAS must give the student written notice of any new interest rate
not later than Thirty (30) working days after the day on which the new rate
takes effect.
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2.3 If the student fails to make repayments in terms of this agreement, interest
will continue to be charged on arrears or unpaid amounts at the rate
contemplated in clause 2.2 above. No increased or penalty interest will be
charged.
3 REPAYMENT
The student must begin repaying the Loan Amount and accrued interest in
monthly instalments as soon as the student finds employment.
3.1 The amount of each instalment will be set down:
3.1.1 In the scales prescribed by the Minister of Education in terms of
section 27 of Act 56 of 1999 (The NSFAS Act), or if there are no such
scales,
3.1.2 In scales drawn up by NSFAS from time to time.
3.2 The scales prescribed by the Minister or drawn up by NSFAS will set
down a sliding scale of instalment payments, on the basis that:
3.2.1 The higher the student total annual income, the higher the monthly
instalments.
3.2.2 While the student total annual income is below the minimum level set
by the Minister or NSFAS:
3.2.2.1 The student will not have to pay any instalments.
3.2.2.2 Interest will, however, continue to be charged.
3.3 A schedule setting out the applicable scales is obtainable from NSFAS.
3.4 While the student annual income is at or above the minimum level referred
to in 3.2.2. above, the student must pay the applicable monthly instalments to
NSFAS, until the Loan Amount and all interest has been paid.
3.5 Each monthly instalment will be a separate debt, and will become due (as
contemplated in section 12(1) of the Prescription Act, No. 68 of 1969) only on
the last day of the month in which NSFAS is entitled to demand payment of
that instalment.
3.6 Extinctive prescription will not run in respect of the outstanding balance of
the Loan Amount or any accrued interest:
3.6.1 During any period when the student is not paying instalments
because the student annual income is below the minimum level.
3.6.2 For as long as the student fails to notify NSFAS in writing that the
student annual income has increased to or beyond that minimum level. Any
such failure will be deemed to be a wilful act or omission preventing
NSFAS from coming to know of the existence of a debt, as contemplated in
section 12(2) of the Prescription Act.
3.6.3 Unless NSFAS enforces any right it may acquire to demand early
repayment in terms of clause 4.
3.7 All instalments received may be applied by NSFAS firstly to any legal
costs incurred in recovering those instalments, then to accrued interest, and
finally to the outstanding balance of the Loan Amount.
3.8 If, in the opinion of NSFAS, the student successfully completes the
Course of Study, NSFAS may, in its absolute discretion, deem up to Forty (40)
percent of the Loan Amount to be a bursary. If NSFAS chooses to award the
student a bursary, the Loan Amount will be reduced by the amount of that
bursary, and the student will be obliged to repay only the remaining balance of
the Loan Amount, and interest on that balance, on condition:
LOAN AGREEMENT FORM
3.8.1 The student must repay that balance and accrued interest in strict
compliance with all the provisions of this agreement.
3.8.2 If the student fails to make repayment of the balance and accrued
interest in terms of this agreement, or breaches any term of this agreement,
then NSFAS will be entitled, in its absolute discretion, to rescind the
bursary and claim repayment of the whole of the original Loan Amount and
accrued interest on that original Loan Amount from 1 April of the year for
which the loan was granted.
4. NSFAS CAN DEMAND EARLY REPAYMENT
NSFAS will be entitled to withhold payment of any or all amounts to the
university, and/or to demand, by written notice to the student, that the student
must repay the whole unpaid balance of the Loan Amount and accrued
interest immediately, in one lump sum, if:
4.1 The student makes any dishonest or materially inaccurate statement in
his/her application for a NSFAS loan.
4.2 The university, for whatever reason, refuses to register or admit the
student, or suspends or expels the student.
4.3 The student receives any financial assistance in connection with the
Course of Study other than this loan from NSFAS.
4.4 The student commits any breach of any term of this agreement.
5. EARLY SETTLEMENT AND PREPAYMENT BY THE STUDENT
5.1 The student is allowed to settle his/her debt to NSFAS at any time,without
giving advance notice to NSFAS.
5.2 The amount required to settle with NSFAS is:
5.2.1 The unpaid balance of the Loan Amount at that time, plus
5.2.2 The unpaid interest on the Loan Amount.
5.3 By paying the whole of the settlement amount to NSFAS, the student will
terminate this agreement.
5.4 The student is entitled, at any time and without notice or penalty, to
prepay any amount owing to NSFAS under this agreement, i.e. to pay that
amount even though it is not yet due or payable.
6. STATEMENTS
6.1 NSFAS will deliver a statement to the student bi-annually.
6.2 Every statement will, among other things, show:
6.2.1 Any payments received by NSFAS from the student in the previous
month.
6.2.2 The interest which has been charged by NSFAS over the previous
month.
6.2.3 The unpaid balance of the Loan Amount and accrued interest still
owed by the student to NSFAS.
7. STUDENT WARRANTIES
The student warrants (i.e. guarantees) that:
7.1 The following facts are true and complete in every aspect:
7.1.1 The facts recorded in the accompanying Loan Agreement, under the
heading Particulars of student Borrowers
7.1.2 The facts stated by the student in and in relation to the student
application for a loan from NSFAS.
7.1.3 The facts stated in paragraphs 1, 2 and 3 of the Loan Agreement
Form (see clause 12 below).
NSFAS | signedLAF@nsfas.org.za | Tel 0860 067 327 | Fax 086 644 2822
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7.2 The student will at all times obey all the rules and codes of conduct of the
university, and pursue the Course of Study with commitment and dedication.
7.3 The student will inform NSFAS in writing immediately:
7.3.1 Whenever the student takes up a new job, whether after a period of
employment or otherwise, and at the same time supply the following
information:
7.3.1.1 The new employer name, physical and postal addresses,
telephone number, fax number and e-mail address; and
7.3.1.2 The monthly or annual salary which the student will be earning.
7.3.2 Whenever the address of the student or his/her next-of-kin changes.
7.3.3 Whenever the student salary (or other remuneration or income)
increases.
7.3.4 If the university refuses to register or admit the student, or expels or
suspends the student.
7.3.5 If the student receives any other financial assistance (i.e. apart from
the loan provided for in this agreement) in connection with the Course of
Study.
7.4 Even if the student circumstances have not changed in any manner
mentioned in clause 7.3 above, the student will, whenever requested by
NSFAS, send the following information to NSFAS in writing:
7.4.1 The student physical residential address.
7.4.2 The student current telephone number and e-mail address, if
applicable.
7.4.3 Whether the student is still studying and, if so, what institution the
student is attending, and what course he/she is studying.
7.4.4 Whether the student is employed or unemployed.
7.4.5 If the student is employed, the name, address and telephone number
of the employer, and the total monthly remuneration which the student
receives from that employer.
7.5 The student is not, and never has been, an unrehabilitated insolvent.
7.6 The student is not, and never has been, subject to an administration order
in terms of section 74 of the Magistrates Courts Act.
7.7 The student has never been subject to an order of a competent court
holding the student to be mentally unfit.
8. AUTHORITY
8.1 The student hereby authorises NSFAS at any time, and from time to time,
to request and obtain any academic or financial information about the student
which NSFAS may require, whether from the university or from any employer,
bank or other financial institution, or from any other person, without the prior
consent of the student.
8.2 The student hereby consents to NSFAS obtaining consumer credit
information (as defined in section 70(1) of the Credit Act) relating to the
student from any credit bureau for any purpose contemplated in section
70(2)(g) of that Act.
9. LEGAL PROCEEDINGS
9.1 If NSFAS sues the student to enforce payment of the Loan Amount and/or
interest:
LOAN AGREEMENT FORM
9.1.1 A certificate signed by a duly authorised officer of NSFAS, stating the
fact that payment has become due, and the amount of the Loan Amount
and interest then outstanding, will be sufficient proof of those facts to
enable legal proceedings (including proceedings for default judgement,
summary judgement or provisional sentence) to be instituted in any court to
recover those amounts.
9.1.2 The student agrees that any Magistrate's Court having jurisdiction at
the student chosen service address, will have full jurisdiction in respect of
such legal proceedings, in spite of the fact that the amount of NSFAS's
claim may exceed the normal limits of that court jurisdiction.
9.1.3 The student will be responsible for all legal costs incurred by NSFAS,
namely:
9.1.3.1 The fees charged by NSFAS's attorneys, on an attorney and
own client basis, in accordance with the non-litigious tariff prescribed
from time to time by the Cape Law Society.
9.1.3.2 All disbursements incurred by NSFAS attorneys.
9.1.3.3 Collection commission at the prescribed rate [presently Ten (10)
per cent] on all amounts collected from the student by NSFAS's
attorneys.
9.2 The student acknowledges that, if the student is earning remuneration
sufficient to oblige the student to begin making repayments to NSFAS, or to
oblige the student to increase the amount of regular repayments already being
made, and fails to notify NSFAS of this in any manner provided for in this
agreement:
9.2.1 Although the student will then be in breach of this agreement,
entitling NSFAS to the various remedies contemplated in it, the student will
not be in default for the purposes of section 103(5) of the Credit Act.
9.2.2 Accordingly, until NSFAS becomes aware of the student breach, the
period of time that a consumer is in default as contemplated in that section
103(5), will not commence.
9.2.3 The student will be afforded the protection of that section, which
limits the amount of interest which may accrue while the student is in
default, only after NSFAS is informed that the student is in default.
10. DEFAULT AND CREDIT BUREAUS
10.1 If the student fails to make repayments to NSFAS in the manner
provided for in this agreement, one option open to NSFAS is to place the
student name on a list of defaulting debtors maintained and published by any
credit bureau, i.e. to submit adverse information concerning the student to a
credit bureau.
10.2 If the student fails to notify NSFAS in the manner and at the intervals
referred to in clause 7.4 above, the student will be deemed to be failing to
make repayments as required by this agreement, and NSFAS will be entitled
to submit adverse information concerning the student to a credit bureau.
10.3 NSFAS must give the student Twenty (20) business days written notice
of NSFAS's intention to submit adverse information concerning the student to
a credit bureau.
10.4 NFAS will give the student Twenty (20) working days from the date of the
letter to commence making repayments, to resume making repayments, or to
notify NSFAS in the manner contemplated in clause 7.4, as the case may be.
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10.5 The student agrees that the period of Twenty (20) working days referred
to in clause 10.3 will afford the student a reasonable opportunity (as
contemplated in section 21 (4)(b) of the NSFAS Act) to begin or resume
making repayments, or to notify NSFAS as required by clause 7.4.
10.6 The credit bureau to which NSFAS will send default information
concerning the student (if applicable) is the Information Trust Corporation. The
current contact details of that bureau are:
10.6.1 Telephone number: 011 214 6901/0861 482 4357
10.6.2 Fax number: 011 214 6001
10.6.3 Website: www.transunion.co.za
10.7 The business of credit bureaus is to provide, to fee-paying clients, credit
profiles and credit worthiness scores on the people about whom they keep
credit-related information.
10.8 The student is entitled, at any time and from time to time:
10.8.1 To contact any credit bureau to which NSFAS refers information
concerning defaulting borrowers.
10.8.2 To require that credit bureau to disclose to the student any
information which NSFAS has sent to the bureau concerning the student.
10.8.3 To contact any credit bureau to which NSFAS refers information
concerning defaulting borrowers. To require that credit bureau to disclose
to the student any information which NSFAS has sent to the bureau
concerning the student. To require the credit bureau to rectify any incorrect
information kept or published by the bureau concerning the student.
10.9 If the student is employed and is obliged to but is failing to make
repayments in terms of this agreement, a further option available to NSFAS is
to compel the student employer (in terms of Section 23 of the NSFAS Act) to
make deductions from the student remuneration, and pay them over to
NSFAS.
10.10 Another option available to NSFAS if the student fails to make
repayments in terms of this agreement, is to commence legal proceedings
against the student, as envisaged in clause 9.
11. CESSION
The student will not be entitled to cede, assign, transfer or delegate any of
his/her rights or obligations under this agreement without the prior written
consent of NSFAS. However, NSFAS will be entitled in its absolute discretion
and at any time to cede, assign, transfer or delegate any or all of its rights or
obligations under this agreement to any natural or juristic person of its choice.
12. FORMALITIES
12.1 The Loan Agreement between NSFAS and the student is made up of the
following documents:
12.1.1 These Loan Conditions.
13. TERMINATION OF THIS AGREEMENT BY NSFAS
13.1 In terms of section 123 of the Credit Act.
13.1.1 NSFAS is allowed to terminate this agreement if the student does
not comply with it.
13.1.2 If NSFAS did want to terminate this agreement, it would have to
take the steps set out in Part C of Chapter 6 of the Act.
13.2 However, NSFAS will not terminate this agreement. If the student does
not comply with this agreement, NSFAS will enforce its rights in terms of the
agreement, rather than terminate it.
LOAN AGREEMENT FORM
14. ADDRESSES FOR RECEIVING DOCUMENTS
14.1 Any statement or notice referred to in this agreement may be sent to the
student:
14.1.1 By posting it to the home address recorded in paragraph 1 of the
Loan Agreement Form; or
14.1.2 By sending it to the student e-mail address recorded in paragraph 1
of the Loan Agreement Form (if applicable); or
14.1.3 By sending it by SMS to the student cellphone number recorded in
paragraph 1 of the Loan Agreement Form (if applicable).
14.2 The student chooses the residential home address recorded in
paragraph 1 of the Loan Agreement Form as the address at which the student
will accept delivery of all pleadings or other legal processes in connection with
this agreement.
14.3 The student may deliver any notices or correspondence to NSFAS in
terms of or relating to this agreement to the fax number or the postal or e-mail
addresses recorded in paragraph 4 of the Loan Agreement Form.
14.4 The student may change his/her cellphone number or home, postal or
e-mail addresses by sending a notice to NSFAS by registered post, fax or
e-mail.
14.5 NSFAS may change its fax number or postal or e-mail addresses by
sending a notice to the student in any way permitted by clause 14.1.
15. STATUTORY INFORMATION
On 31 May 2006 regulations were promulgated in terms of the Credit Act in
the Government Gazette No. 28864. In this agreement those regulations (as
amended or replaced from time to time) will be referred to as The Regulations.
They oblige NSFAS to provide certain information to the student:
15.1 Complaint to the National Credit Regulator ("The Regulator")
15.1.1 If the student believes that NSFAS has contravened the Credit Act,
the student may submit a complaint to the Regulator.
15.1.2 Any such complaint must be submitted in the form and manner
referred to in Regulation 50.
15.2 Alternative Dispute Resolution. As an alternative to submitting a
complaint to the Regulator, the student may refer an alleged contravention of
the Credit Act by NSFAS to either:
15.2.1 A consumer court as defined in section 1 of the Credit Act; or
15.2.2 An alternative dispute resolution agent as contemplated in section
134(1)(b)(ii) of the Credit Act, for conciliation, mediation or arbitration.
15.3 Application to Tribunal. If the student does not succeed, by way of the
alternative dispute mechanism referred to above, in resolving any dispute with
NSFAS concerning an alleged contravention of the Credit Act, the student may
apply for appropriate relief to the National Consumer Tribunal established in
terms of section 26 of the Credit Act (The Tribunal).
15.4 Over-indebtedness.
15.4.1 The student is entitled to apply to a debt counsellor to be declared
over-indebted.
15.4.2 Any such application must be made in the manner set out in
Regulation 24.
15.5 Contact Details of the Regulator.
The Regulator may be contacted at:
15.5.1 Telephone: 0860 627 627
15.5.2 Fax: 011 554 2860
15.5.3 Website: www.ncr.org.za
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15.6 Contact Details of the Tribunal. The Tribunal may be contacted at:
15.6.1 Telephone: 012 394 1450
15.6.2 Fax: 012 394 2450
16. SBUX TERMS & CONDITIONS
Your monthly allowance, which forms part of the financial assistance granted
to you by NSFAS, will be provided in the form of electronic vouchers (referred
to as Bux Vouchers issued under the mobile payment solution known as
sBux.
The sBux service has been developed by Celbux International Limited
('Celbux') specifically for NSFAS to enable students to receive and spend their
allowances at selected merchants and retailers. You have to agree to the sBux
terms and conditions as published by Celbux from time to time, as well as to
the terms and conditions attached hereto.
Only merchants and retailers that have been registered by NSFAS and
Celbux will accept NSFAS Vouchers as payment for goods and services.
Accordingly, students will only be able to use sBux Vouchers at these
merchants and retailers. A list of registered merchants is available from
NSFAS.
SBux Vouchers may only be used for the following:
1. Food, beverages and general merchandise but excluding alcohol,
tobacco products, gambling or gaming (including lotto tickets) and airtime
or data bundles for mobile and other electronic devices;
2. Prescribed books and stationery required for your course of studies; and
3. Accommodation and travelling except where this is provided by the
relevant tertiary institution you are enrolled with.
No cash can or may be claimed or obtained with or using sBux Vouchers.
The complete terms and conditions under which the sBux Service are made
available is attached hereto.
By providing your signature hereto you confirm that you have read and
understood the above and the terms and conditions annexed hereto and that
you agree to be bound thereto.
16.1. THE AGREEMENT
16.1.1 These Terms and Conditions read together with the attached
acceptance form is the contract between you (the student) and NSFAS that
applies to your use of and access to the sBux Service.
16.1.2 This contract affects your rights and you should read it carefully and
make sure that you have acquainted yourself with its contents. Please retain a
copy for your own records and future reference.
16.1.3 By using the sBux Service (accessing and/or transacting) you will be
deemed to have agreed to the terms and conditions that may be specified by
Celbux from time to time in addition to the terms of this contract.
16.1.4 This contract might be updated or amended in the future and you will
be notified accordingly. Your further use of the sBux Service following the
amendments will be deemed to be your consent to the amended contract
unless you inform NSFAS and Celbux in writing otherwise. If you do not wish
to accept the amended contract, please do not utilise the sBux Service.
NSFAS reserves the right to suspend your use of the sBux Service if you do
not accept the amended contract.
16.1.5 This contract and your usage of the sBux Service does not modify or
replace the terms and conditions of any agreement concluded with the mobile
network service provider ("Carrier"). All charges imposed by the Carrier shall
not be for NSFAS's or Celbux's account.
LOAN AGREEMENT FORM
16.2. SBUX SERVICE AND SBUX ACCOUNTS
16.2.1 The sBux Service is an electronic voucher payment system that works
off any mobile phone.
16.2.2 The sBux Service makes use of electronic communications via a
cellular network to provide students with electronic vouchers. You have to own
or have exclusive use of a mobile phone with a valid SIM card to use this
service.
16.2.3 Student sBux accounts will be created by NSFAS upon successful
application and receipt of a NSFAS loan or bursary. Should you successfully
apply for a NSFAS allowance, this allowance will be paid to you via a sBux
Voucher.
16.2.4 In order to utilise the sBux Service and receive sBux Vouchers you
must -
16.2.4.1 accept this contract in writing (by signing the acceptance form and
initialing all the pages of these terms and conditions);
16.2.4.2 be in possession of a mobile phone and a valid SIM Card; and
16.2.4.3 have a valid and current South African bank account.
16.2.5 This Agreement and your usage of the sBux service does not modify or
replace the terms and conditions of any agreement concluded with the Carrier.
All charges imposed by the Carrier shall not be for NSFAS's or Celbux's
account.
16.3. USER NAMES AND PASSWORDS
16.3.1 You must create both a user name and a password to access and
secure your sBux account. The user name of the account will be the cellular
number provided. If you lose your mobile phone or change your number
please notify NSFAS and Celbux immediately
16.3.2 Please keep your password confidential and do not disclose your
password to anyone. NSFAS and Celbux will assume that when your user
name and password is used to gain access to the sBux Service or your
account that it is you doing so. You may also not use anyone else's user name
and password.
16.3.3 NSFAS shall not be held liable for any loss incurred by you as a result
of the misuse of the password, including the incorrect insertion of the
password into the sBux Service or the use of the student's password by a third
party.
16.4. ACCESS TO THE SBUX SERVICE
16.4.1 To gain access to the sBux Service and your sBux account you will be
required to enter both you username (your mobile number) and your password
via:
16.4.1.1 a data-enabled device interface; or
16.4.1.2 Celbux website at www.celbux.com; or
16.4.1.3 the USSD, SMS or text-based short codes.
16.5. CREDITING OF ACCOUNT
16.5.1 Your sBux account will be credited in the amount of the sBux
Voucher/s issued to you.
16.5.2 The amount reflected on the sBux account will fluctuate depending on
the value of sBux Vouchers issued and used from time to time.
NSFAS | signedLAF@nsfas.org.za | Tel 0860 067 327 | Fax 086 644 2822
ID 9 5 0 6 2 5 5 2 9 7 0 8 4 8
16.6. USE OF SBUX VOUCHERS
16.6.1 The sBux Vouchers may only be redeemed (used to buy goods or pay
for services) at participating merchants that have been registered by NSFAS.
A list of all registered merchants is available from NSFAS.
16.6.2 To use a sBux Voucher to pay for goods or services you must provide
the participating merchant with a sBux Voucher number that has been issued
to you.
16.6.3 The amount that you have spent will be deducted from the value of the
sBux Voucher and a new balance voucher will be issued to you.
16.6.4 You are not entitled to use the sBux Vouchers as payment for the
purchase of the following goods and/or services
16.6.4.1 cigarettes and other tobacco products;
16.6.4.2 alcoholic products, including beer, spirits and wine;
16.6.4.3 gambling products, including lottery tickets; and
16.6.4.4 airtime for mobile cellular telephonic services or other electronic
communication services.
16.6.5 You also undertake not to use the sBux Vouchers to purchase any
illegal goods and/or services, including but not limited to materials that infringe
the intellectual property rights of any person.
16.7. ACCOUNT INFORMATION
16.7.1 You can access your account information via your mobile phone by
responding to the number that will be provided in your Welcome message.
16.7.2 You can also access your sBux account through the Celbux website.
16.7.3 The sBux account information will include a detailed statement in
respect of each sBux Voucher obtained and used by you.
16.8. ERRONEOUS TRANSFERS
16.8.1 In the event that you erroneously transfer a sBux Voucher to an
unintended beneficiary, NSFAS and Celbux will assist you to recover the value
of the erroneous transfer.
16.8.2 NSFAS and Celbux can however only use their best endeavours to
reverse the erroneous transfer and cannot give any guarantee that this will
happen. Where a sBux Voucher has already been redeemed or used up by
the unintended beneficiary, whether in full or in part, the amount of such sBux
Voucher (or part thereof) is not capable of being recovered.
16.8.3 NSFAS shall not be liable in respect of any loss and/or damages
incurred by you in respect of any transfer or redemption made in error for any
reason whatsoever.
16.9. INDEMNITY AND LIMITATION OF LIABILITY
16.9.1 You agree to indemnify and hold NSFAS, its affiliates, directors and
employees harmless from or against any claim arising out of
16.9.1.1 the transaction concluded between you and the participating
merchant in respect of the purchase of goods and/or services relating to
the legality, quality, completeness, suitability or fitness for purpose of such
goods and/or services;
LOAN AGREEMENT FORM ID 9 5 0 6 2 5 5 2 9 7 0 8 4 9

16.9.1.2 payments made to unintended beneficiaries as contemplated in 16.12.2 In the event of cancellation of this contract, all sBux Vouchers issued
clause 8 above; to you, but not yet used by you, will be cancelled by NSFAS.
16.9.1.3 the use of your password by any third parties howsoever such
password may have been obtained by the third party; 16.13. NOTICES AND DOMICILIA
16.9.1.4 any breach of or non-compliance by you of any of your obligations
16.13.1 Written notices will be sent to you at the street address provided on
contained in this contract; and
the student application form. Legal notices and court proceedings may also be
16.9.1.5 any charges imposed by the Carrier in respect of any
served on you at this address.
unauthorised use of the network services by you or any third party.
16.13.2 All written notices (including legal notices and court proceedings)
16.9.2 NSFAS shall not be held liable for any cellular phone network failure by
must be sent to NSFAS at NSFAS: 18-20 Court Road, Cape Town, marked for
the Carrier, uncompleted transactions as a result of a disruption or delay in the
the attention of: The Executive Officer
cellular phone network or the unavailability of the network service at any time.

16.9.3 NSFAS shall not be liable for any damages (whether direct, indirect,
consequential or special damages) arising from the use of the sBux Service by
you and/or claims arising in connection with any act or omission of NSFAS
unless such act or omission is grossly negligent or intentionally contravenes
the provisions of this Agreement.
16.10. PROVISION OF INFORMATION
16.14. APPLICABLE LAW AND JURISDICTION
16.14.1 This contract will in all respects be governed by and construed under
the laws of the Republic of South Africa.
16.14.2 The parties hereby consent and submit to the non-exclusive
jurisdiction of the Western Cape High Court, Cape Town in any dispute arising
from or in connection with this Agreement.

16.10.1 You agree to provide NSFAS with true, accurate and complete
information and documentation as required for purposes of this contract.
NSFAS is entitled to make due inquiries relating to the information provided in
order to ascertain the validity and veracity thereof but is not obliged to do so.
16.10.2 In the event of any change to any information provided you must
immediately inform NSFAS in writing of the changes.
16.10.3 Without prejudice to any remedy which NSFAS may have in terms of
this contract or in law, where the information provided by you is untrue and/or
inaccurate, NSFAS may elect to terminate this contract and consequently your
access to and use of the sBux Service.
16.15. MISCELLANEOUS MATTERS
16.15.1 This contract constitutes the whole of the agreement between the
parties relating to the matters dealt with herein and, save to the extent
otherwise provided herein, no undertaking, representation, term or condition
relating to the subject matter of this contract not incorporated in this contract
shall be binding on either of the parties.
16.15.2 No addition to or variation, deletion, or agreed cancellation of all or
any clauses or provisions of this Agreement will be of any force or effect
unless in writing and signed by the parties.

16.10.4 You hereby provide your consent to NSFAS processing (including
using, storing and transferring) your personal information (including your name
and contact details) for purposes of giving effect to and implementing this
contract and facilitating your access to and use of the sBux Service. NSFAS
may provide access to your personal information to participating merchants
but will ensure that adequate safeguards are in place to protect your personal
information.
16.11. DATA PROTECTION
NSFAS undertakes to ensure that it respects and maintains the privacy and
confidentiality of any personal information and data that it may obtain or gain
access to and in particular undertakes that it will not process any of the
Student's personal information without his/her prior written consent.
16.15.3 No latitude, extension of time or other indulgence shall be construed
to be an implied consent or election by that party or operate as a waiver or a
novation of or otherwise affect any of its rights in terms of or arising from this
contract.
16.15.4 This contract is personal to you and may not be transferred (ceded or
delegated) to any person. NSFAS may cede its rights and delegate its
obligations under this contract to any successor-in-title which acquires all or
substantially all of the business or assets of NSFAS.
17. FUNDER SPECIFIC TERMS & CONDITIONS
17.1 As per standard NSFAS loan conditions.

16.12. BREACH AND TERMINATION

16.12.1 If you breach any of the terms of this contract, then NSFAS will be
entitled, at its option
16.12.1.1 to suspend your access to and use of the sBux Service pending
the outcome of a formal investigation; or
16.12.1.2 to cancel this contract on written notice to you.

NSFAS | signedLAF@nsfas.org.za | Tel 0860 067 327 | Fax 086 644 2822