Terms of Service & Education SIS SaaS Agreement

1. Parties & Institutional Authority

This Master Education SaaS Agreement ("Agreement") constitutes a legally binding contract between:

• TVB Network (Pty) Ltd, a private company incorporated under the laws of the Republic of South Africa with Registration Number 2022/697770/07, having its principal business address in Johannesburg, Gauteng ("TVB Network", "Licensor", "we", "us", or "our"); and
• The public school, School Governing Body (SGB), independent private school, TVET college, or early childhood development (ECD) center subscribing to or accessing the platform ("Customer", "School", or "Institution").

The person registering the institution represents and warrants that they are duly authorized by the School Principal, Head of School, or SGB resolution to execute commercial software subscriptions on behalf of the institution.

2. Academic Records, CAPS Curriculum & Grading

2.1. CAPS Curriculum & Grade Weightings: EduManage provides calculation tools configured to align with Curriculum and Assessment Policy Statement (CAPS) formulas, continuous assessment (CASS), and National Senior Certificate (NSC) promotion requirements. The School's subject educators and School Management Team (SMT) retain sole authority for moderating and confirming final learner marks.

2.2. Report Cards & Transcripts: Digital report cards and transfer cards generated through the platform are certified as accurate by the issuing school's official digital stamp and principal sign-off. TVB Network accepts zero liability for incorrect grade promotions or clerical marks transcription.

3. School Fee Billing, Paystack & Section 39 Exemptions

3.1. Fee Invoicing: Invoices generated for tuition, boarding, uniforms, and extracurricular excursions are denominated in South African Rand (ZAR) and processed via Paystack or direct EFT.

3.2. SASA Section 39 Fee Exemptions: Public schools acknowledge that parents may apply for total or partial school fee exemptions pursuant to Section 39 of SASA. The SGB is exclusively responsible for adjudicating exemption criteria and ensuring that no learner is excluded or victimized due to parental non-payment.

4. Child Safeguarding & Anti-Bullying Digital Standards

4.1. Children's Act Compliance: The School agrees that all electronic messaging, student notes, and parent portals shall be used in strict conformity with the Children's Act (Act 38 of 2005). EduManage shall never be used to distribute harmful, exploitative, or abusive material.

4.2. Mandatory Reporting: The platform provides incident logging for disciplinary infractions and safeguarding concerns. Educators and administrators retain a non-delegable statutory duty to report suspected abuse or neglect directly to the Department of Social Development or SAPS.

5. Five-Year Record Retention & BigQuery Isolation

5.1. Statutory Archive Schedule: In compliance with the DBE National Information Policy, learner academic transcripts, matric portfolios, and disciplinary hearing records are retained for a minimum of five (5) years post-graduation or departure from the institution.

5.2. Dedicated School Shards: All learner, educator, and parental data is hosted on Google Cloud BigQuery in isolated client operational shards (biz_<clientId>) preventing cross-school access or data leakage.

6. Limitation of Liability & Governing Law

TVB Network shall not be liable for load shedding disruptions to online classes or parental communication delays. Liability is capped at three (3) months subscription fees paid by the School. This Agreement is governed by the laws of the Republic of South Africa.