iNtgrty – Publishing and the Mentoring Network Journal

Analysing a sample Service Level Agreement (SLA)

28th Nov 2024 No Comments

INTGRTY ARTICLES WRITTEN BY OUR LEARNERS

This year we piloted the Advanced Certificate on Occupational Learning: Learning and Development Advisor, on NQF Level 7. Learners had to submit more than 50 practical assignments to be declared ready for the EISA. This gave me the idea to share their products with other learning providers and learners in occupational and vocational learning. So, I asked the learners who achieved a distinction for assignments for permission to publish their submissions as articles on our Intgrty website.

We have the written permission of the learners to publish their work. However, it had to be done anonymously.

Analysing a sample Service Level Agreement (SLA)

Learners had to analyse the Service Level Agreement below.

SERVICE LEVEL AGREEMENT BETWEEN CROP CULTIVATION COOPERATIVE AND HAPPY CORN PRIVATE COLLEGE (PTY) LTD

INTRODUCTION

1.1 The CROP CULTIVATION COOPERATIVE allocated funding to Happy Corn Private College (Pty) ltd to develop the learning Material for the Occupational Certificate: Crop Spraying.

1.2 Happy Corn Private College (Pty) Ltd received from CROP CULTIVATION COOPERATIVE and accepted a letter of Award to develop learning materials against the QCTO registered Occupational Certificate: Crop Spraying.

1.3 CROP CULTIVATION COOPERATIVE and Happy Corn Private College (Pty) Ltd record the terms and conditions of their agreement as set out herein.

2 DEFINITIONS AND INTERPRETATION

2.1 In this Agreement, unless otherwise specified or the context clearly indicates the contrary, the following words and expressions shall have the meanings assigned to them below and related words and expressions shall have corresponding meanings;

2.2 “Agreement” means this Agreement with all its schedules and annexures, each of which is an Integral part of this Agreement and shall be interpreted and construed accordingly;

2.3 “Parties” means the CROP CULTIVATION COOPERATIVE and the Service Provider;

2.4 “Service Provider” means the Happy Corn Private College (Pty) Ltd;

2.5 If any provision in the definition clause is a substantive provision conferring rights or imposing obligations on a Party, then notwithstanding that such provision is contained in this clause, effect must be given thereto as if such provision were a substantive provision in the body of the Agreement.

2.6 Clause and paragraph headings are for purposes of reference only and shall not be used in interpretation.

2.7 Unless the context dearly indicates a contrary intention, any word connoting:

2.7.1 any gender denotes the other genders;

2.7.2 the singular Includes the plural and vice versa; and

2.7.3 natural persons includes legal entities and vice versa.

2.8 A business day is any day excluding Saturday, Sunday and a public holiday in the Republic of South Africa.

2.11 When any number of days is prescribed such number shall exclude the first day and include the last day unless such day falls on a Saturday, Sunday or a public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding business day.

2.12 The Annexures and Schedules to this Agreement form an integral part hereof and the words and expressions defined in this Agreement shall bear, unless the context otherwise requires, the same meaning in the Annexures and Schedules.

2.13 In the event of a conflict between this Agreement and the terms of any schedules or annexures which may be attached to this Agreement (exclusive of addenda drafted, signed and agreed to by both Parties with the specific aim to change and supersede a provision I the provisions of this Agreement), the terms of this Agreement will take precedence.

2.14 The rules of interpretation that a written agreement shall be interpreted against the Party responsible for the drafting or preparation of that agreement shall not apply.

2.15 The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

3 PARTIES

The parties to this Agreement are:

3.1 CROP CULTIVATION COOPERATIVE, an Article 21 organisation with the purpose of assisting people in rural areas to learn how to farm, and duly represented herein by Ms Priscilla Duwe in her capacity as Chief Executive Officer; and

3.2 Happy Corn Private College (Pty) Ltd, which is a privately registered company and duly represented herein by Dr Abel Patrick Baloi in his capacity as the Managing Director.

4 DURATION OF THE AGREEMENT

4.1 Notwithstanding the signature date, this Agreement commences on 24 February 2023 (“commencement date”) and terminates on 30 September 2023 (“termination date”) unless terminated in terms of clause 14 below.

4.2 The Parties agree that time is of the essence in the execution of Agreement and the Parties will take all necessary steps to ensure that they meet their respective obligations.

4.3 The Parties may agree, in writing. to extend this Agreement for such further period and on such terms and conditions to be agreed to by the Parties at the time. The Service Provider must provide the CROP CULTIVATION COOPERATIVE with written reasons for requesting an extension of time to perform its obligations in terms of this Agreement.

4.4 In the event that the CROP CULTIVATION COOPERATIVE, on consideration of the reasons provided by the Service Provider, agrees to extend the duration of the Agreement, the Service Provider will, in addition to its obligations in terms of this Agreement, be liable to pay any additional costs that it incurs during the extended period to perform it obligations in terms of the Agreement.

5. SERVICES

5.1 The Service Provider will develop learning materials aligned to the QCTO registered occupational qualification listed below:

TITLE OF QUALIFICATION SAQA ID No

Occupational Certificate: Crop Spraying 67890

5.2 The Service Provider will develop the occupational qualification for the amount of R500,000.00 (Incl.VAT).

5.3 The Service Provider will perform the Services as more fully set out in Schedule 1.

6 OBLIGATIONS OF THE SERVICE PROVIDER

6.1 The Service Provider will:

6.1.1 provide the Services and perform its functions and obligations as contemplated in this Agreement;

6.1.2 timeously perform all Services, functions and obligations in terms of this Agreement;

6.1.3 prepare and furnish the CROP CULTIVATION COOPERATIVE with all documents, reports and information, from time to time, as required or as may be set out in this Agreement;

6.1.4 at all times observe and comply with the reasonable direction or instruction from the CROP CULTIVATION COOPERATIVE.

6.2 The Service Provider will submit a detailed Implementation Plan to the CROP CULTIVATION COOPERATIVE which includes a detailed learning materials development plan with specific learning material guides, payment dates and submission date to CROP CULTIVATION COOPERATIVE of the final learning materials. The Service Provider may update and amend the Implementation Plan having regard to the circumstances at the time, provided that:

6.2.1 the Service Provider informs the CROP CULTIVATION COOPERATIVE in writing of any change that it intends to make to the Implementation Plan and may only implement any change upon receipt of written authorisation from the CROP CULTIVATION COOPERATIVE;

6.2.2 any change or amendment to the Implementation Plan will not in any way alter the occupational qualification as stipulated in clause 5.1 above, which the Service Provider has been contracted to develop in terms of this Agreement; and

6.2.3 any change or amendment to the Implementation Plan will not compromise the quality of the Services rendered by the Service Provider in terms of this Agreement.

6.3 The Service Provider undertakes to:

6.3.1faithfully carry out its duties in terms of this Agreement in accordance with the best professional practices;

6.3.2 perform all duties, functions and acts as required by the Agreement in accordance with the highest standards of professionalism, competence and integrity;

6.3.3 at all times comply with all industry-related best practices, codes and standards as issued or published by a recognised governing body, council or similar organisation;

6.3.4 respect all laws and regulations, and in particular the laws governing the provision of the services rendered in terms of this Agreement;

6.3.5 maintain and comply with all necessary licences, certificates, registrations, authorisations and consents required under the laws of the Republic of South Africa for the rendering of the Services;

6.3.6 provide the CROP CULTIVATION COOPERATIVE with any information, documents and/or reports it requests in connection with this Agreement; and

6.3.7 keep suitable and accurate records and ensure safe keeping of all such records relating to the Agreement.

6.4 The Service Provider warrants that it has the necessary financial, physical and the human resources, capacity and the experience and expertise required to provide the Services to the CROP CULTIVATION COOPERATIVE in terms of this Agreement

7. OBLIGATIONS OF THE CROP CULTIVATION COOPERATIVE

7.1 The CROP CULTIVATION COOPERATIVE will:

7.1.1 pay all amounts due and payable to the Service Provider as provided for in this agreement;

7.1.2 timeously provide all documents and information required in terms of this Agreement to the Service Provider, including templates for reporting; and

7.1.3 faithfully carry out its duties in terms of this Agreement in accordance with best professional practices.

8 PAYMENT FOR SERVICES

8.1 The CROP CULTIVATION COOPERATIVE shall pay to the Service Provider the amount of Five hundred thousand Rand only (R500 000.00) VAT Inclusive, provided that the Service Provider has successfully performed Its obligations in terms of this Agreement and achieved the deliverables, as more fully set out in Schedule 1and Schedule 2 to this Agreement.

8.2 The Service Provider shall invoice the CROP CULTIVATION COOPERATIVE when payment falls due in terms of the Agreement and shall, together with a valid tax invoice detailing the specific services provided, furnish any other supporting documents for the services for which payment is requested.

8.3 The CROP CULTIVATION COOPERATIVE will pay the Service Provider within 30 (thirty) days upon acceptance by the CROP CULTIVATION COOPERATIVE of the deliverables and the reports, documents and information contemplated in this Agreement.

8.4 The CROP CULTIVATION COOPERATIVE shall make payment to the Service Provider in terms of this Agreement into the following account:

Name of account holder HAPPY CORN PRIVATE COLLEGE (Pty) Ltd

Bank STANDARD BANK

Branch name BENONI

Branch code 654321

Account type BUSINESS CHEQUE

Account number 111 222 333 444

8.5 The CROP CULTIVATION COOPERATIVE may deduct from the fees payable, all deductions which the CROP CULTIVATION COOPERATIVE is lawfully obliged to make before payment is made to the Service Provider. All payments are made by the CROP CULTIVATION COOPERATIVE on the basis that fees charged by the Service Provider include all of the Service Provider’s costs and profits, as well as any tax or income obligation that may be imposed on the Service Provider.

8.6 Payment by the CROP CULTIVATION COOPERATIVE to the Service Provider shall be without prejudice to any claims or rights that the CROP CULTIVATION COOPERATIVE may have and shall not constitute any admission by the CROP CULTIVATION COOPERATIVE as to the performance of the obligations by the Service Provider in terms of this Agreement.

8.7 Failure by the Service Provider to comply with the provisions of this clause (8.6) will entitle the CROP CULTIVATION COOPERATIVE to –

8.8.1 withhold any payment due to the Service Provider, until such time that the Service Provider has complied; and/or

8.8.2 cancel this Agreement.

9 REPORTING AND PERFORMANCE REVIEW

9.1 The Service Provider shall provide such reports, information and documents in the format required, reasonably required and necessary for the CROP CULTIVATION COOPERATIVE to assess the Service Provider’s performance and ensure compliance with the terms and conditions of the Agreement.

9.2 The CROP CULTIVATION COOPERATIVE shall monitor and review the services, activities and functions of the Service Provider to ensure compliance with the terms and conditions of the Agreement.

9.3 The Service Provider must co-operate with any monitoring and review process and provide the CROP CULTIVATION COOPERATIVE with all accounts, records and documents and information reasonably required to enable the CROP CULTIVATION COOPERATIVE to monitor and review the Service Provider’s compliance with this Agreement.

9.4 The CROP CULTIVATION COOPERATIVE is entitled at any stage, to contact beneficiaries of the Services performed by the Service Provider In terms of this Agreement regarding the services provided and to receive independent feedback about the services provided by the Service Provider.

9.5 The CROP CULTIVATION COOPERATIVE will provide the Service Provider with a report on any issues of concern that it Identifies during a monitoring and review process.

The Service Provider must, within thirty (30) days of receiving the report, address, correct and resolve the issues identified by the CROP CULTIVATION COOPERATIVE and inform the CROP CULTIVATION COOPERATIVE in writing of the action taken by the Service Provider in this regard. Should the Service Provider fail to address, correct and resolve the issues identified and report to the CROP CULTIVATION COOPERATIVE, the dispute resolution procedures in clause 15 of this Agreement shall apply.

9.6 In the event that the Service Provider is no longer able to perform its obligations in terms of this Agreement, for any reason howsoever arising:

9.6.1 the CROP CULTIVATION COOPERATIVE will, at its discretion, conduct a review and assessment of the services already rendered by the Service Provider until the point that the Service Provider is unable to perform its obligations In terms of this Agreement, to enable the CROP CULTIVATION COOPERATIVE to appoint another service provider take over and perform the obligations In terms of this Agreement; and

9.6.2. the cost for the review and assessment contemplated in clause 9.6.1will be for the Service Provider’s account.

10 CONFIDENTIALITY

10.1 For the purposes of this Agreement, “confidential information” includes any information or knowledge acquired by a Party during or incidental to providing the services in terms of this Agreement, whether such information originates from that Party or from other persons.

10.2 Each Party shall hold the other’s confidential information in confidence and, unless required by law, not make the other’s confidential information available to any third party or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.

10.3 Each Party shall take all reasonable steps to ensure that the other Party’s confidential information to which it has access is not disclosed or distributed by the other Party, its employees or agents in violation of the terms of this Agreement.

10.4 A Party’s confidential information shall not be deemed to include information that:

10.4.1 is or becomes publicly known other than through any act or omission of the receiving Party;

10.4.2 was in the other Party’s lawful possession before the disclosure;

10.4.3 is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;

10.4.4 is independently developed by the receiving Party, which independent development can be shown by written evidence; or

10.4.5 is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

10.5 If there is any doubt whether any disclosure or use is for an authorised purpose, the Service Provider must obtain a ruling in writing from the CROP CULTIVATION COOPERATIVE and must abide by it.

10.6 The obligation not to disclose or use confidential information contemplated herein will survive the termination of this Agreement.

11. COPYRIGHT, BRANDING, MARKETING, ADVERTISING AND PUBLICATIONS

The Service Provider:

11.1 warrants that the materials that are created in terms of this Agreement and the services that are provided in terms of this Agreement will not constitute an infringement of any copyright;

11.2 must procure from all contractors used by it in terms of this Agreement, an assignment to the CROP CULTIVATION COOPERATIVE of copyright and other rights in materials created by those contractors;

11.3 may not use the name, logo or letterhead or any other material of the CROP CULTIVATION COOPERATIVE for any purpose without the prior written consent of the CROP CULTIVATION COOPERATIVE;

11.4 may not use the CROP CULTIVATION COOPERATIVE’s name, logo or any letterhead or other material on its website, in any publications, or in connection with its advertising, or in connection with any book or other publication, product or service (including the internet or other online computer communication services relating to the Service Provider);

11.5 may not use the phrase “as endorsed by the CROP CULTIVATION COOPERATIVE”, or similar phrase in any promotional or advertising material, inclusive of its publication on the Service Provider’s website.

12 PROPERTY OF CROP CULTIVATION COOPERATIVE

12.1 Upon the termination of this Agreement for any reason, the Service Provider must immediately return to the CROP CULTIVATION COOPERATIVE all property whatsoever which belongs to the CROP CULTIVATION COOPERATIVE.

12.2 In addition, the Service Provider must return to the CROP CULTIVATION COOPERATIVE all other material containing information relating to the affairs of the CROP CULTIVATION COOPERATIVE, regardless of whether or not such material was originally supplied by the CROP CULTIVATION COOPERATIVE, including, but not limited to, records, discs, accounts, letters, notes or memoranda.

13. INDEMNITY

13.1 The Parties, their employees, agents or subcontractors, or any person acting for or on their behalf shall exercise due care and diligence in performing their obligations in terms of this Agreement. A Party that has failed to exercise such due care and diligence shall be liable to the other Party for loss or damages caused to and sustained by the other Party due the willful or negligent actions or omissions of the Party concerned, including their employees, agents or subcontractors, provided that neither Party will be liable to the other Party, a cessionary or a third party claiming through or on behalf of such Party, for any indirect, special or consequential damages arising out of or related to this Agreement.

13.2 The Service Provider indemnifies and holds harmless the CROP CULTIVATION COOPERATIVE, its officers, employees and agents from and against any damages, loss, or liability, including legal costs and expenses incurred or suffered by any person arising from any claim, demand, action or proceeding by any person where such loss or liability was caused by a willful, unlawful or negligent act or omission of the Service Provider, its employees, agents or subcontractors or any person acting for or on behalf of the Service Provider.

13.3 The Parties shall ensure that its employees, agents or subcontractors or any person acting for or on their behalf are aware of and have accepted, the terms of this Agreement to the extent that they apply to them.

13.4 This clause shall survive termination of the Agreement and continue to bind the Parties.

14 TERMINATION AND BREACH

14.1 Notwithstanding the provisions of clause 4 above, either Party may terminate this Agreement, by giving the other Party 30 (thirty) days’ notice in writing of its decision to terminate the Agreement.

14.2 Upon termination the Parties will take appropriate and immediate steps to bring the Agreement to a close, in a prompt, judicious and orderly manner and such termination shall be without prejudice to any claim which a Party may have for damages occasioned by the termination of this Agreement.

14.3 If either has committed a breach, then without prejudice to any rights it may have in law, the other Party will furnish the Party committing such breach with a written notice, served on the offending Party’s chosen domicilium address, setting out the breach committed and calling upon the offending Party to rectify and remedy such breach within 14 (fourteen) calendar days.

14.4 If the Defaulting Party fails to remedy the breach, the other Party may, without prejudice to its right to claim damages:

14.4.1 cancel this Agreement without further notice to the Defaulting Party; or

14.4.2 claim specific performance of all the Service Provider’s obligations, whether or not the obligations have fallen due for performance.

14.5 In the event of a breach of this Agreement, the CROP CULTIVATION COOPERATIVE is entitled to withhold, in whole or in part, any payment of amounts payable to the Service Provider in terms of this Agreement.

14.6 If this Agreement is cancelled, the Service Provider shall immediately cease the execution of any services contemplated in this Agreement. The CROP CULTIVATION COOPERATIVE shall cause a final account to be prepared of payment due to the Service Provider in which shall be taken into consideration the costs and/or loss to the CROP CULTIVATION COOPERATIVE from the cancellation of this Agreement and shall affect payment due accordingly.

15 DISPUTE RESOLUTION

15.1 Any dispute, which arises between the Parties pursuant to the agreement, shall be referred to a representative nominated by each Party. The representatives of each Party shall endeavour to resolve the dispute within ten business days of the giving of notice of a dispute by a Party.

15.2 Should the Parties be unable to resolve the dispute, either Party may refer the dispute for arbitration by written notice to the other Party setting out the particulars of the dispute.

15.3 A dispute referred to arbitration shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Arbitration Foundation of South Africa (“AFSA”).

15.4 The arbitration will be held in English in Johannesburg (or at such a place as the Parties may agree upon in writing) according to the formalities and procedures settled by the arbitrator or arbitrators. It may be held in an informal and summary manner, without the procedure, formalities or rules of evidence, which would be applicable to a civil suit in a court of law.

15.5 The Service Provider agrees to continue providing the Services pending the outcome of arbitration.

15.6 Nothing in this clause will preclude either Party from obtaining interim relief from a court of competent jurisdiction pending the decision of the arbitrator or arbitrators.

15.7 This clause shall survive termination of this Agreement and continue to bind the Parties.

16 INDEPENDENCE, AGENCY AND REPRESENTATION

16.1 The Parties to this Agreement are independent contractors and this Agreement shall not be construed to create a partnership, joint venture or employment relationship between them.

16.2 Unless authorised in writing to do so, neither Party shall hold itself out to be the agent or representative of the other and may not bind each other in any way.

16.3 The Service Provider shall not assume or incur any obligations or responsibility for, or on behalf of, or in the name of, the CROP CULTIVATION COOPERATIVE.

16.4 An y representation to this effect by the Service Provider will constitute a material breach of this Agreement.

17 NO SUB-CONTRACTING

17.1 The Service Provider will not, without the prior written approval of the CROP CULTIVATION COOPERATIVE, appoint any sub-contractor to render the services, or any part thereof, in terms of this Agreement.

17.2 Despite any approval granted by the CROP CULTIVATION COOPERATIVE in terms of this clause, the Service Provider remains solely responsible for the performance of its obligations in terms of this Agreement.

18 REPRESENTATIONS

18.1 This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof, supersedes all prior representations, agreements, statements and understandings whether oral or in writing and the Parties waive the right to rely on any alleged express provision not contained in this Agreement.

18.2 No agreements, guarantees or representations, whether verbal or in writing, have been concluded, issued, or made upon which either Party is relying In concluding this Agreement, unless the representation or guarantee is recorded in this Agreement.

18.3 The Service Provider confirms that it has not been induced to enter into this Agreement by any prior representations, warranties or guarantees, whether oral or in writing, except as expressly contained in this Agreement.

19 VARIATIONS, RELAXATION AND WAIVER

19.1 No agreement varying, adding to, deleting from or cancelling this Agreement, and no waiver of any right under this Agreement, shall be effective unless reduced to writing and signed by or on behalf of the Parties.

19.2 Should a Party fail to enforce any provision of this Agreement, extend time for compliance therewith or relax the manner for compliance of any provision of this Agreement this shall not:

9.2.1 constitute a waiver of such provision;

19.2.2 preclude the Party from exercising its rights strictly in accordance with this Agreement; and

19.2.3 affect, in any manner, such Party’s right to require performance of such provision at any time in the future.

19.3 No waiver of a subsequent breach nullifies the effectiveness of the provision itself.

20 SEVERABILITY

20.1 If any provision is held to be invalid, illegal, void or unenforceable then such provision shall be modified by the proper authority to the extent necessary to make such provision enforceable and such modified provision and all other provisions of the Agreement shall be given effect separately from the provision or portion thereof determined to be invalid, illegal, void or unenforceable.

21 CESSION

21.1 The Service Provider may not cede, assign or delegate any or part of its rights or obligations under this Agreement to any third party without the prior written consent of the CROP CULTIVATION COOPERATIVE.

21.2 The CROP CULTIVATION COOPERATIVE shall be entitled to cede, assign or delegate all or any part of its rights and/or obligations, as the case may be, under this Agreement without the prior written consent of the Service Provider.

22 FORCE MAJEURE

22.1 Despite any other provision of this Agreement to the contrary, no Party need act if it is impossible to do so owing to any cause beyond its reasonable control including, without limitation, war, riot or natural disaster.

22.2 The non-performing Party agrees to notify the other Party promptly after it determines that it is unable to act.

22.3 No Party has any responsibility or liability for any loss or expense suffered or incurred by one Party because of the other Party not acting for as long as the impossibility in terms of this clause continues.

22.4 However, the non-performing Party agrees to make reasonable efforts to avoid or remove the cause of non-performance and agrees to continue performance under this Agreement promptly when the cause Is removed.

23 DOMICILIUM ADDRESS AND NOTICES

23.1 The Parties choose as their respective domicilium citandi et executandi for the purposes of legal proceedings and for the purposes of giving or sending any notice provided for or necessary in terms hereof, the following addresses:

The client:

CROP CULTIVATION COOPERATIVE

Physical Address: 4 Palm Avenue, Lyttleton, Benoni

Postal Address: Box 1234, Centurion, 0032

Telephone: 014 318 776 607

Fax: 014 328 885 514

The service provider:

HAPPY CORN PRIVATE COLLEGE

Physical Address: 308 King Fisher Street, Valhalla, Alberton, 0111

Postal Address: P 0 Box 79555, Alberton, 0222

Telephone: 012 621 345 119

Fax: 012 216 543 911

A Party may change their address for this purpose, by notice in writing to the other Party to that effect. Such change of address will be effective seven days after receipt of notice of the change.

23.3 All notices to be given in terms of this Agreement will:

23.3.1 be given in writing;

23.3.2 be delivered by hand, sent by e-mail, or by telefax;

23.3.3 if delivered by hand, be presumed to have been received on the date of delivery;

23.3.4 If sent by e-mail be presumed to be received on the date the e-mail Is sent, unless the contrary is proved;

23.3.5 if sent by telefax be presumed to have been received on the first business day following the date of sending of the telefax, unless the contrary is proved.

Signed at: …………………………………………

For the client: ……………………………………………….

Date: …………………………………………………………

For the service provider: …………………………………..

Date: …………………………………………………………

Witness no 1: ……………………………………………….

Date: …………………………………………………………

Witness no 2: ……………………………………………….

Date: …………………………………………………………

END OF SERVICE LEVEL AGREEMENT

Analysis by the learner

Analysis of the Service Level Agreement (SLA)

1. Terms of Reference:

• Issue: The SLA does not clearly define the purpose or specific outcomes expected from the agreement beyond developing learning materials. There should be a more detailed explanation of the exact deliverables.

• Omission: The terms of reference should include a clear definition of the objectives, deliverables, and specific outcomes.

2. Scope of Work:

• Issue: The scope of work is vaguely described in Clause 5.1, only mentioning the development of learning materials. The exact content, format, number of modules, or any specific guidelines for the materials are not specified.

• Omission: The SLA should include a detailed description of the services to be provided, including specific tasks, milestones, and deliverables.

3. Duration of the Agreement:

• Issue: The duration is defined (24 February 2023 to 30 September 2023), but the process for renewal or extension is not clearly outlined.

• Omission: A more detailed explanation of the conditions under which the agreement may be extended or renewed should be included.

4. Roles and Responsibilities of the Parties:

• Issue: The roles and responsibilities are broadly outlined, but there is no mention of a project manager or contact person for either party to handle day-to-day communication.

• Omission: The SLA should specify the exact roles of key individuals from both parties to avoid confusion during the execution of the agreement.

5. Financial Implications:

• Issue: The payment terms are mentioned, but there is no clear breakdown of the payment schedule, nor is there a clause addressing what happens if the CROP CULTIVATION COOPERATIVE fails to pay on time.

• Omission: The agreement should include a detailed payment schedule, potential penalties for late payment, and provisions for cost overruns or additional expenses.

6. Reporting Requirements:

• Issue: The reporting requirements are mentioned, but they lack specific details such as the frequency of reports, the format, and the exact content required.

• Omission: The SLA should provide a clear timeline and format for the submission of progress reports and the specific criteria by which progress will be assessed.

7. Risks and Associated Mitigation Plan:

• Issue: There is no specific section dedicated to identifying potential risks and outlining mitigation strategies.

• Omission: The SLA should include a risk assessment section that identifies potential risks (e.g., delays, non-compliance) and how these will be mitigated.

8. Breach of Contract:

• Issue: The breach of contract clause in Clause 14 is not comprehensive enough. It mentions termination but does not specify the exact repercussions of a breach (e.g., penalties, legal action).

• Omission: There should be clear and detailed consequences for breaches of contract, including financial penalties, legal remedies, and steps for dispute resolution.

9. Contact Details:

• Issue: The SLA lacks contact details for key individuals responsible for executing the agreement on both sides.

• Omission: The SLA should include full contact details (name, position, phone number, email address) for the primary contacts from both parties.

10. Signatures:

• Issue: There is no mention of where the signatures should be placed or who exactly should sign the agreement on behalf of both parties.

• Omission: The SLA should include a signature section with spaces for the authorized representatives of both parties to sign and date the agreement, along with their titles.

News

Setting up a Learning and Development Community of Practice to identify, analyse, discuss, coordinate and publicise funding mechanisms for the implementation of learning and development best practice.

26th Nov 2024 No Comments

INTGRTY ARTICLES WRITTEN BY OUR LEARNERS

Circle of business partners having discussion of new project or contract

We have the written permission of the learners to publish their work. However, it must be done anonymously.

Setting up a Learning and Development Community of Practice to identify, analyse, discuss, coordinate and publicise funding mechanisms for the implementation of learning and development best practice.

Introduction. The project will be executed by a focus group of learning and development professionals. Here is what they will do.

Collaborative projects. The focus group will undertake collaborative projects aimed at identifying and analysing potential funding sources. By working together on these initiatives, members can leverage each other’s strengths, skills, and networks to achieve common goals.

Documentation and communication. The focus group will document discussions, findings, and decisions made during meetings. This documentation will serve as a valuable resource for current and future members, fostering a culture of continuous learning. Additionally, the focus group will communicate its insights and recommendations to the broader Learning and Development Community of Practice, promoting transparency and collective growth.

Continuous Improvement. The focus group will regularly evaluate its processes and outcomes to identify areas for improvement. By reflecting on their experiences, members can adapt their approaches and enhance the effectiveness of the Community of Practice.

Funding sources for learning organisations. To fund the establishment or growth of our learning organization, our focus group will pursue the following strategies as part of the Learning and Development Community of Practice:

Grants and sponsorships. We will research and apply for relevant grants from government agencies, foundations, and corporations that support skills development and training initiatives. Our focus group will leverage the collective expertise of the Community of Practice to identify promising funding opportunities and craft compelling grant proposals.

Crowdfunding. We will launch a targeted crowdfunding campaign to raise money from individual donors who support our mission and vision. By leveraging our personal and professional networks, we aim to raise seed funding to get our learning organization off the ground. The Community of Practice can help promote the campaign and provide best practices.

Partnerships. We will seek strategic partnerships with complementary organizations that can provide financial support, in-kind donations, or other resources. By aligning with groups that share our values and goals, we can access new funding streams and expand our reach. The Community of Practice can facilitate connections and help negotiate mutually beneficial partnerships.

Earned revenue. To build long-term financial sustainability, we will develop earned revenue streams such as training fees, consulting services, and product sales. Our focus group will analyse the market, identify unmet needs, and design offerings that generate income while advancing our mission. The Community of Practice can provide guidance on pricing, marketing, and scaling revenue-generating activities.

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INTGRTY ARTICLES WRITTEN BY OUR LEARNERS

We have the written permission of the learners to publish their work. However, it must be done anonymously.

Why do learners drop out of learning programmes and why do they sometimes miss learning events (are absent from class or other learning venue?)

Learners drop out of learning programmes or miss learning events for a variety of reasons, which can be broadly categorised into personal, institutional and environmental factors. Understanding these reasons can help learning and development organisations address barriers to participation and improve retention in learning programmes.

Personal Factors

Personal circumstances often play a key role in learners dropping out or missing learning events. These can include emotional, health-related and/or logistical challenges that make it difficult for learners to consistently engage in the programme.

Lack of motivation/interest: If learners do not see the value or relevance of the learning programme to their personal or professional goals, they may lose motivation and drop out. This is particularly common when the course content is perceived as un-engaging or disconnected from practical applications.
Health: Physical or mental health problems, such as illness, stress or burnout can lead to frequent absences or eventual withdrawal from a programme.
Competing personal responsibilities: Family obligations, caregiving duties or other personal commitments can make it challenging for learners to attend classes or complete their assignments. Balancing learning with work and family life is often a significant barrier for adult learners.
Confidence: Learners who struggle with confidence in their abilities or have a fear of failure may drop out because they feel they cannot succeed in the programme. Those with low self-efficacy often avoid situations where they might face challenges.

Institutional and Programme-Related Factors

The structure, delivery and environment of the learning programme itself can be a significant factor in why learners disengage or are absent from learning activities.

Poor course design/delivery: If the course content is not engaging, practical or suited to the learners’ needs, they may lose interest. Additionally, ineffective teaching methods, unclear objectives or lack of interactivity can make learners feel disconnected from the material.
Inflexible learning schedules: Programmes with rigid schedules that do not accommodate the diverse needs of learners, especially working professionals or those with family responsibilities, may lead to high dropout rates. Learners who cannot attend due to conflicting commitments may choose to leave the programme altogether.
Lack of support: Learners may feel unsupported by instructors, peers or the institution itself. This can include limited access to guidance, feedback or resources, and can make learning feel isolating, especially in online or remote programmes.
High workload and stress: If the course demands are too high relative to the learners’ time and capacity, they may become overwhelmed and disengage. Excessive assignments, difficult assessments or a fast pace can lead to stress and burnout.
Lack of clear progress or reward: When learners do not see tangible progress or clear benefits from the programme, they may lose interest. A lack of recognition, certificates or advancement opportunities can also demotivate learners from continuing.

Environmental and External Factors

Factors outside the control of the learner and the institution can influence whether learners can attend learning events or complete their programme.

Work commitments: Many learners, particularly adults and professionals, struggle to balance full-time work with their learning programmes. Changes in job responsibilities, overtime or travel requirements can make it difficult to attend scheduled learning events.
Transportation and location: Geographical distance and lack of reliable transportation can make attending in-person classes difficult. This is especially true in rural areas or where public transport options are limited. If learning venues are not conveniently located, learners may drop out due to logistical difficulties.
Technological Barriers: In online or blended learning environments, lack of access to reliable internet or appropriate technology (e.g. computers, software) can prevent learners from participating fully in the programme. Technical difficulties or lack of digital literacy can also create frustration, leading to dropouts.
Cultural and social pressures: Cultural or societal expectations may influence learners’ ability to participate in learning programmes. For instance, societal norms about gender roles, expectations for caregiving or the value of education may conflict with participation in learning.
Peer influence: A lack of social connection or engagement with peers can lead learners to disengage. On the flip side, negative peer influence, such as seeing others drop out or skip sessions, can normalise absenteeism.

Emotional and Psychological Factors

Emotional and psychological challenges often influence learner engagement and attendance.

Stress and Anxiety: Learners experiencing stress, either from the course workload or personal life, may start missing classes to avoid further anxiety. Over time, this avoidance can lead to dropping out.
Fear of failure/judgment: Some learners may avoid attending classes or submitting assignments due to fear of being judged by their peers or instructors, especially if they are struggling with the material.
Isolation in online learning: In online learning environments, some learners may feel isolated or disconnected, leading to disengagement. A lack of real-time interaction with peers and instructors can make online learners feel unsupported.

Learning Environment and Inclusivity

The environment and culture of the learning venue or programmes can also contribute to dropout or absenteeism.

Non-Inclusive learning environment: If learners feel excluded, disrespected or that their individual needs are not met (e.g. for those with disabilities), they are more likely to miss classes or drop out entirely. An inclusive and supportive learning culture is crucial to retention.
Unsuitable learning spaces: Physical or virtual learning environments that are uncomfortable, distracting, or poorly equipped can also impact attendance. Poor ventilation, lighting, seating in a physical classroom or technical issues in a virtual environment, can make learning difficult.

Changes in Personal Circumstances

Life events or unexpected personal circumstances can interrupt a learner’s ability to stay engaged with a learning programme.

Family emergencies: Personal emergencies, such as illness, death in the family or other crisis situations, may prevent learners from attending or completing the programme.
Job loss or career change: A sudden career change, relocation or job loss may lead learners to reprioritise their time and resources, potentially leading to dropout.

Solutions to Prevent Dropouts and Absenteeism

Offer flexible schedules, self-paced learning and blended learning models (a mix of in-person and online) to accommodate diverse needs and time constraints.
Provide access to mentors, counsellors and peer support groups to help learners stay motivated and cope with challenges.
Ensure learning materials are engaging, relevant and aligned with learners’ career or personal goals. Use real-life examples and case studies to connect learning to practical outcomes.
Provide clear milestones, rewards and certificates to show learners their progress and give them a sense of accomplishment.
Make technology and learning resources accessible to all, provide financial assistance when needed and offer transportation subsidies or remote learning options for those facing logistical challenges.
Build a supportive learning environment that encourages questions, embraces failure as a part of the learning process and promotes open dialogue.
By understanding the complex reasons behind learner dropouts and absenteeism, learning and development organisations can take proactive measures to retain learners and ensure a more supportive, engaging and accessible learning environment.

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NEW ARTICLES BY OUR LEARNERS

20th Nov 2024 No Comments

INTGRTY ARTICLES WRITTEN BY OUR LEARNERS

Dr J.P. Nel, CEO Mentornet (Pty) Ltd

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PROMOTING SKILLS DEVELOPMENT

20th Nov 2024 No Comments

Practical Exercise by G.P. Pretorius

Problem statement: What advice would you, as a Learning and Development Advisor, give a learning and development organisation concerning the promotion of skills development?

1. Barriers to the implementation of talent management plans.

Learning and Development organisations often play a pivotal role in facilitating the development of talent management initiatives and addressing these barriers is essential for their clients’ success.

LACK OF STRATEGIC ALIGNMENT WITH CLIENTS

Barrier

Talent management initiatives may not succeed if the learning and development organisation’s offerings are not aligned with the strategic goals of their clients. If learning and development solutions are not tied directly to business outcomes, clients may not see their value.

Advice

Understanding client objectives: Before designing or implementing any talent management plans, take the time to thoroughly understand the client’s business goals, industry dynamics and specific talent needs. Tailor learning and development solutions to directly support these objectives.

Consultative approaches: Act as a strategic partner rather than just a service provider. This involves helping clients recognise the link between talent management and their broader organisational strategy.

Customisable solutions: Offer flexible, customisable learning paths that can adapt to each client’s specific goals and challenges.

INADEQUATE STAKEHOLDER ENGAGEMENT

Barrier

Key stakeholders within client organisations, such as senior leadership or department heads, may not be fully engaged in talent management efforts, reducing the plan’s effectiveness and implementation.

Advice

Stakeholder mapping and engagement: Help your clients identify and engage critical stakeholders early in the process. Regularly communicate the benefits of talent management plans and how they contribute to business results.
Leadership development: Incorporate leadership development programmes that train client leaders to become champions of talent management within their own organisations.

Frequent feedback and collaboration: Ensure there are continuous feedback loops with stakeholders to maintain alignment with the evolving needs of the organisation.

RESISTANCE TO CHANGE WITHIN CLIENT ORGANISATIONS

Barrier

Cultural resistance within client organisations can hinder the adoption of new talent management initiatives. If the organisation’s culture does not support learning and development, the plan will struggle to take root.

Advice

Change management training: Provide clients with tools and training to manage organisational change. This might involve workshops or coaching on how to foster a culture of continuous improvement and learning.

Highlight short-term wins: Encourage the demonstration of short-term wins through pilot programmes to help the organisation see the immediate impact of talent management.

Role modelling: Equip client leadership with the knowledge to model desired behaviours, gesturing to the organisation that the talent management initiatives are supported and encouraged.

MISALIGNED OR UNDEFINED METRICS FOR SUCCESS

Barrier

Clients may not have clear metrics for evaluating the success of talent management initiatives, leading to challenges in demonstrating the impact and value of learning and development efforts.

Advice

KPIs and Benchmarks: Work with clients to establish clear Key Performance Indicators (KPIs) tied to talent management objectives (e.g. employee engagement, retention, skill development).

Data-driven insights: Leverage data analytics to track progress and make informed decisions on learning and development initiatives. Use the data to show clear return on investment (ROI) and business impact, helping to ensure continued investment in talent management.

On-going evaluations: Set up regular review points to assess the effectiveness of talent management plans, allowing for adjustments as necessary based on performance data.

BUDGETARY CONSTRAINTS AND ROI CONCERNS

Barrier

Clients may face budget constraints or may be hesitant to invest in talent management without a clear understanding of the ROI.

Advice

Build a business case: Help clients see the long-term value of talent management by presenting data, case studies and research that demonstrate ROI, such as improved retention rates, employee performance and leadership pipeline development.

Offer accessible solutions: Provide flexible learning and development offerings that can be scaled according to budget, allowing clients to implement smaller initiatives that can grow as more resources become available.

Align costs with benefits: Clearly communicate how the investment in talent management will address specific pain points in the organisation, such as high turnover or skill gaps and how these challenges translate into financial costs.

2. The development of advocacy campaigns.

Advocacy campaigns can be a powerful tool for promoting the value of learning and development both within organisations and in the broader industry.

DEFINE CLEAR OBJECTIVES AND PURPOSE

Advice

Before launching an advocacy campaign, it is essential to have a clear understanding of what you are advocating for and why. Identify the specific goals you want to achieve, such as raising awareness about the importance of continuous learning, promoting a specific learning and development solution or influencing policy changes in the education and training sector.

Identify Key Issues: Focus on addressing specific challenges in learning and development, such as closing skill gaps, promoting employee engagement in learning or advocating for digital transformation in training.

Set SMART Goals: Develop Specific, Measurable, Achievable, Relevant and Time-bound objectives for the advocacy campaign to track success.

KNOW YOUR AUDIENCE

Advice

Tailor your advocacy message to different audience segments. This could include organisational leaders, professionals, employees, industry bodies or policymakers. Understanding your audience’s needs, pain points and motivations will allow you to craft messages that resonate and drive action.

Segment Audiences: Divide your audience into groups such as decision-makers (CEOs, HR leaders), influencers (industry experts) and beneficiaries (employees or learners). Tailor messages to each segment accordingly.

Addressing Concerns: For example, organisational leaders may need to understand the business case and ROI for learning and development, while employees may care more about career growth and skill development.

CRAFT COMPELLING MESSAGES

Advice

Strong messaging is the backbone of any advocacy campaign. Your messaging should clearly articulate the value and importance of learning and development, whether you are advocating for greater investment in employee development, policy changes or industry-wide initiatives.

Highlight Benefits: Use clear, impactful messaging that outlines the benefits of learning and development—such as improved performance, employee retention, innovation and adaptability in a changing marketplace.

Data-driven Stories: Use compelling data, statistics and case studies to support your message. For example, highlight research showing the positive correlation between employee development and business performance.

Storytelling: Incorporate real-life stories or testimonials from organisations and individuals who have benefited from learning and development initiatives to humanise your campaign and create emotional engagement.

LEVERAGE MULTIPLE CHANNELS

Advice

To reach a broad and diverse audience, use a variety of communication channels to amplify your message. The more touchpoints you have, the greater your potential reaches and impact.

Social Media: Use platforms like Twitter and YouTube to share content that promotes learning and development’s role in employee and organisational growth. Create info-graphics (visual representation of information/data), videos and articles to engage your audience.

Webinars and Events: Host webinars, workshops or live events where thought leaders can share insights on the importance of learning and development. These events can be used to engage both internal and external audiences.

Email Campaigns: Develop targeted email campaigns with tailored messages for different stakeholders, such as HR professionals, business leaders or industry associations.

Industry Publications and Blogs: Write articles or guest posts in industry-specific publications or blogs that highlight the importance of learning and development, current trends and the future of work.

ENGAGE KEY STAKEHOLDERS AS ADVOCATES

Advice

Successful advocacy campaigns often rely on a network of advocates who can amplify the message. Identify and engage key stakeholders, such as industry leaders, influencers and experts, who are passionate about learning and development.

Internal Champions: Encourage internal leaders or influential figures within organisations to serve as champions for your cause. These individuals can share their experiences and success stories with learning and development.

Partner with Influencers: Collaborate with industry influencers or thought leaders to co-create content, such as blogs, podcasts or videos. Their endorsements can help build credibility and increase the reach of your campaign.

Employee Ambassadors: Engage employees who have benefited from learning and development programmes to share their personal development journeys and advocate for the importance of continuous learning.

3. The way advice, guidance and support should be given.

The way advice is delivered can influence how clients, learners and employees perceive the organisation, trust its expertise, and implement its recommendations. Here is advice on how a learning and development organisation should provide guidance and support to ensure impactful results:

BE CLIENT-CENTRED AND NEEDS-BASED

Advice

Tailor your advice and guidance to the specific needs, goals and challenges of each client or learner. Avoid a one-size-fits-all approach and focus on understanding their unique context.

Conduct Needs Assessments: Start by thoroughly understanding the specific needs of the organisation or individuals you are supporting. Use assessments, surveys and consultations to identify gaps and objectives.

Active Listening: Engage in active listening to fully grasp what your client or learners are experiencing. Avoid assumptions and ensure that the advice provided directly addresses their concerns.

Customisation: Provide personalised advice based on the results of the assessment, focusing on solutions that align with the clients or learner’s culture, industry and strategic goals.

ADOPT A CONSULTATIVE APPROACH

Advice

Position yourself as a partner or consultant, rather than just a provider of off-the-shelf solutions. Offer guidance in a collaborative way that empowers clients to take ownership of their development.

Collaboration over Directives: Instead of simply telling clients or learners what to do, work with them to co-create solutions. Involve them in decision-making, so they feel ownership over the advice given.

Build Trust: Develop a relationship based on mutual trust. By showing genuine interest in their success, providing transparency and consistently delivering valuable insights, clients will view you as a trusted advisor rather than a vendor.

Ask Open-ended Questions: Use open-ended questions to encourage deeper discussion and reflection. This not only helps clarify needs but also enables clients and learners to think critically about their own challenges.

PROVIDE ACTIONABLE, CLEAR AND PRACTICAL ADVICE

Advice

Ensure that your advice is not just theoretical or high-level, but practical and implementable. Clients and learners should be able to act on your guidance with clear next steps.

Actionable Steps: Break down advice into specific, manageable actions. Offer step-by-step guidance to help the client or learner understand exactly how to proceed with implementing the solution.

Clarity: Avoid jargon or overly technical language that may confuse your audience. Ensure your guidance is clear, concise and easy to follow, particularly for non-expert clients or learners.

Templates and Tools: Provide practical tools, templates and resources that learners or clients can use to implement the advice, making it easier for them to take immediate action.

FOCUS ON EMPOWERING AND BUILDING CAPABILITY

Advice

The goal of any advice or guidance in L&D should be to empower clients and learners to become self-sufficient over time. Focus on building their capability to solve problems independently.

Skills Transfer: When offering guidance, emphasise skill-building. Ensure that your advice helps clients and learners develop the skills they need to solve future challenges on their own, rather than creating dependency.

Enablement over Dependency: Rather than just solving problems for clients, show them how to solve those problems themselves. Offer advice that encourages critical thinking, problem-solving and long-term capability development.

Coaching Style: Adopt a coaching style when providing support. Use questions to guide clients and learners toward discovering their own solutions, fostering growth and independence.

BE RESPONSIVE AND AVAILABLE

Advice

Offer on-going support and be available to answer questions or provide additional guidance when needed. Timely, accessible support builds trust and helps clients feel confident in their ability to implement advice.

Timely Responses: Respond to questions, concerns or issues promptly. Quick turnaround times on requests for support demonstrate reliability and professionalism.

Follow-ups: After delivering advice or training, follow up to check on progress, answer questions and offer further clarification. This shows commitment to the client’s or learner’s success beyond the initial engagement.

Multiple Support Channels: Provide support through multiple channels, such as email, phone, chat or in-person consultations, making it easy for clients and learners to access help when they need it.

4. Monitoring and evaluating trends in skills development activities.

Monitoring and evaluating trends in skills developmentactivities is essential to ensure that organisations remain agile and responsive to the evolving needs of their workforce and industry. By systematically observing how skills are developing, organisations can refine their learning programmes and ensure employees are equipped for future challenges.

DEFINE CLEAR OBJECTIVES AND METRICS

Before monitoring or evaluating any trend, it is crucial to have clear goals. Understanding what you want to achieve with skills development activities will allow you to focus on the most relevant data and trends.

Set Clear KPIs: Define specific key performance indicators related to skills development, such as skill acquisition rates, time to competence and the impact of new skills on productivity.

Link to Business Outcomes: Align skills development objectives with broader business outcomes, such as innovation, customer satisfaction or market expansion. This will ensure that you are monitoring focuses on activities that drive strategic value.

UTILISE DATA ANALYTICS AND LEARNING MANAGEMENT SYSTEMS (LMS)

Leverage data analytics tools and LMS to gather real-time insights on how employees are engaging with and benefiting from learning programmes.

Track Learning Engagement: Use LMS data to monitor participation, completion rates and engagement with training modules. This can reveal which programmes are most effective and popular.

Assessing Skills Progression: Track individual and collective skill progression through assessments, quizzes or hands-on performance reviews. Monitor trends in how quickly employees are mastering new skills.

Real-time Data Dashboards: Implement data dashboards to visualise trends in skills acquisition and training outcomes over time. Dashboards can help spot immediate trends and provide insights into long-term development.

CONDUCT SKILLS GAP ANALYSES

Regularly perform skills gap analyses to identify which skills are lacking within the workforce and align future training programmes accordingly.

Current vs Future Skills: Compare the current skills within your organisation to the skills forecasted to be in demand based on industry trends. This will help prioritise skills development efforts.

Employee Input: Involve employees and managers in identifying skills gaps. Their insights can provide a deeper understanding of which skills are most urgently needed on the ground.

Competency Frameworks: Use competency frameworks to map required skills to specific roles. This allows for a structured evaluation of which areas need more focus and training investment.

BENCHMARK AGAINST INDUSTRY STANDARDS

Monitoring skills development should include external benchmarking to see how your organisation compares to others within your industry or sector.

Industry Surveys and Reports: Regularly review industry reports and labour market data to understand which skills are trending in your field. This could be based on new technologies, market shifts or regulatory changes.

Peer Comparison: Benchmark your organisation’s skills development performance against competitors or leading companies in your sector. This can provide a sense of where you stand and what gaps need addressing.

REGULARLY EVALUATE TRAINING PROGRAMME EFFECTIVENESS

Assess the impact of training programmes to determine if they are fostering the desired skills development.

Post-training Assessments: Evaluate learner performance through post-training assessments to measure skill retention and application. Track scores and progress to identify any patterns in learning effectiveness.

Manager Feedback: Obtain feedback from managers on how effectively employees are applying newly learned skills in their roles. This provides a practical evaluation of the training’s impact on day-to-day performance.

Performance Metrics: Link skills training to improvements in performance metrics such as increased productivity, faster project completion or reduced error rates. This data can show which programs have the most significant impact on outcomes.

5. Ways to remove the emotional, educational, cultural and economic factors that constitute barriers to best practice in learning and development.

Removing emotional, educational, cultural and economic barriers to best practices in learning and development is essential for creating an inclusive and supportive learning environment.

ADDRESSING EMOTIONAL BARRIERS

Emotional factors can significantly hinder learning and development, such as fear of failure, lack of confidence, stress or past negative experiences with learning.

Strategies

Foster a supportive learning environment: Create a psychologically safe learning space where employees feel comfortable expressing their doubts, asking questions and making mistakes. Encourage a growth mind set by framing mistakes as learning opportunities.

Provide emotional support: Offer mentoring and coaching to help learners overcome self-doubt or anxiety related to learning. Mentors can provide personalised guidance, motivation and support.

Incorporate well-being initiatives: Integrate well-being programmes into your learning and development efforts, such as mindfulness or stress management workshops, to help learners manage anxiety and maintain emotional balance while learning.

Build confidence with incremental wins: Start with smaller, easier tasks or learning modules to build learners’ confidence gradually. Once they see initial success, they may feel more motivated to take on more challenging topics.

OVERCOMING EDUCATIONAL BARRIERS

Educational barriers may include gaps in prior knowledge, learning disabilities or unfamiliarity with new learning methods or technologies.

Strategies

Offer foundational learning: Provide foundational courses or bridging programmes to bring all learners to a common level of understanding before introducing more advanced concepts.

Implement adaptive learning technologies: Use adaptive learning platforms that tailor content to each learner’s skill level and pace, ensuring that learners are neither overwhelmed nor under-challenged.

Promote inclusive learning methods: Use diverse teaching methods, including video tutorials, interactive exercises and practical applications, to cater to different learning styles (e.g. visual, auditory and kinaesthetic).

Provide learning support for disabilities: Ensure that learning and development content is accessible for individuals with disabilities by incorporating assistive technologies (e.g. screen readers, subtitles, alternative formats) and offering support like tutoring or additional resources.

ADDRESSING CULTURAL BARRIERS

Cultural differences, language barriers and societal norms may inhibit participation in learning programmes. It is vital to create an inclusive learning and development environment that respects and accommodates diversity.

Strategies

Promote cultural awareness and sensitivity: Ensure that learning and development content is culturally inclusive and does not unintentionally alienate learners from different backgrounds. Use culturally neutral examples and diverse case studies to engage all learners.

Incorporate multilingual options: Offer learning materials in multiple languages or provide translations to accommodate non-native speakers. This makes learning more accessible for individuals who are more comfortable in their native language.

Celebrate diversity in learning: Acknowledge and celebrate different perspectives, traditions and values in learning programmes. Encourage cross-cultural collaboration and inclusion in group exercises or discussions.

Leverage local context: Tailor learning and development initiatives to the local cultural context of learners where applicable. This helps to make the content more relatable and engaging for learners in different regions or cultures.

REMOVING ECONOMIC BARRIERS

Economic factors such as the cost of learning resources, technology access and the availability of time can prevent some employees from fully engaging in learning and development programmes.

Strategies

Offer flexible learning options: Implement flexible, self-paced learning programmes that allow learners to study at their own pace and at convenient times. This reduces the burden on learners who may not be able to commit to rigid schedules due to work or personal responsibilities.

Provide scholarships or learning stipends: Offer scholarships or financial support for employees who may not afford costly certifications or learning programmes. Partner with external providers to subsidise the costs of professional development.

Use cost-effective learning resources: Leverage open-source or low-cost educational resources like Massive Open Online Courses (MOOCs), webinars and free e-learning platforms that provide high-quality education without high costs.

Ensure equal access to technology: Address the digital divide by providing access to the necessary technology (e.g. laptops, tablets, internet access) for learners who may not have them at home. Consider setting up learning stations within the workplace for access during work hours.

Time-Saving Micro-learning Modules: Implement short, focused learning modules (micro-learning) that require minimal time investment. This helps employees with tight schedules balance learning with work or personal commitments.

CREATING A HOLISTIC APPROACH

To effectively remove these barriers, it is important to integrate holistic solutions that address the complex interplay between emotional, educational, cultural and economic factors.

Strategies

Personalised learning paths: Develop personalised learning paths that accommodate individual needs. This approach allows each learner to advance based on their unique pace, learning style and prior experience, reducing the frustration of a one-size-fits-all model.

Blended learning models: Offer a mix of online and in-person learning opportunities to cater to different learning preferences, time constraints, and technological access levels. Blended learning can make education more flexible and accessible for diverse learners.

Inclusive policy design: Implement organisational policies that support diverse learning needs, such as offering paid learning time, providing flexibility for caregivers and ensuring that training is accessible for all levels of employees.
Focus on lifelong learning: Encourage a culture of lifelong learning by continuously offering opportunities for up-skilling, reskilling and professional growth, regardless of an individual’s current position or background. Lifelong learning fosters inclusivity and addresses both current and future skills needs.

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THE BENEFITS OF REPLACING LEGACY QUALIFICATIONS WITH OCCUPATIONAL LEARNING AND DEVELOPMENT QUALIFICATIONS

22nd Aug 2024 No Comments

Dr J.P. Nel, CEO Mentornet (Pty) Ltd

Many learning providers offering occupational learning and development are up in arms because the QCTO had the legacy qualifications, and their accompanying unit standards scrapped and removed from the NQF register. They feel that curriculums for occupational qualifications that can replace the legacy qualifications have not yet been developed. And they are right. However, in all fairness towards the QCTO – the CEO of the QCTO warned us more than four years ago already that the legacy qualifications and their unit standards would be terminated.

When we think about this objectively, we should admit that it is about time that the legacy qualifications and unit standards are properly reviewed and adapted to changes in the external learning and development environment or be replaced by something new. Here are some benefits that we can gain from the replacement of the old occupational curriculums with the new occupational ones.

The flaws in the already registered Occupational Qualifications can be eliminated or at least reduced.
The relevant and valuable learning content of Historically Registered Qualifications are kept while redundant learning content are done away with.
Duplication between qualifications is eliminated unless repetition is necessary for the sake of efficient learning.
Recent developments in learning and development can be included in the new qualifications and Skills Programmes.
A balance in level and content of different knowledge and practical modules in each qualification can be achieved, which is currently not the case.
Each Practical Skill Module can be aligned with a Knowledge Module. This is critically important because practical work should always be supported by relevant theory. By doing this, the learning content can be structured in such a way that the learning process is conducted systematically. All knowledge should be applied knowledge.
Knowledge topics should be relevant to the knowledge modules with which they are linked. This is currently not the case.
Associated Internal Assessment Criteria must test knowledge topics. This is currently not the case.
The Occupational Qualifications and Skills Programmes can be designed to cater for both contact learning and online learning.
All the elements of the curriculum, for example Knowledge topics, Associated Internal Assessment, etc., can be correctly formulated, and a balance can be found in the number of elements for different Modules.
The learning experience can be substantially enriched.

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GAP ANALYSIS ON THE NEW OCCUPATIONAL QUALIFICATIONS IN LEARNING AND DEVELOPMENT

20th Aug 2024 No Comments

Dr J.P. Nel, CEO Mentornet (Pty) Ltd

Introduction. On 25 October 2023 I presented suggested curriculums on NQF levels 4, 5, 6 and 7, which I developed upon advisement by Mr Thomas Lata, to stakeholders in our fields of learning. I developed the curriculums in the hope that we could capitalise on the opportunity to review and remove as many flaws and gaps in the legacy qualifications as we possibly could. The curriculums were intended to replace the four qualifications in OD ETD.

Even though 105 Stakeholders attended the TEAM meeting, few participated in the discussions that followed on my presentation. A prominent QCTO manager suggested that I provide them with copies of the gap analysis that I did prior to developing the curriculums. I, unfortunately, did not prepare a written report because I did the gap analysis for my own purposes – to develop the suggested curriculums. Besides, I would have charged a consultancy fee for the report because just analysing the existing curriculums and writing a gap analysis report would have been a massive task. It took me almost two years just to develop the suggested curriculums.

The skills programmes. At the end of June 2024, after the qualifications on NQF Levels 5, 6 and 7 were registered, stakeholders in occupational learning at last woke up to the reality that, with the legacy qualifications and their unit standards being scrapped, many were left with nothing to offer the community and their clients. In all fairness I need to admit that the QCTO warned us that this would happen four years ago already.

At least we are allowed to develop and registered skills programmes to replace the unit standards for which there is still a need. It is while developing the curriculums, alignment matrixes, and learning materials that I realised that a gap analysis is, once again, called for. This time I made notes and wrote the report. Here it is.

Generally applicable gaps

The qualifications on levels 4, 5, 6 and 7 do not form a logical system. Lower-level qualifications do not serve as a foundation for learning on higher levels.
Despite assurances to the contrary the Knowledge Modules, Practical Skill Modules and Work Experience Modules do not always support one another.
The curriculums that are registered are not the same as the comprehensive curriculums that were developed with the assistance of CEPs during scoping sessions. One gets the idea that the modules and assessment criteria were changed after the curriculums were approved by the CEPs.
Some fields of learning, which received good attention in the legacy qualifications, received only limited attention or nothing at all in the new occupational qualifications. They should have been included as separate skills programmes with Knowledge Modules, Practical Skill Modules, and Workplace Experience Modules. The following are examples of this:
1. Leadership in the quality assurance of learning and development.
1. Conducting qualitative research and preparing research reports.
1. Entrepreneurship.
1. Oral and written communication skills.
1. Managing assessment of learner performance.
1. Assisting learners to manage their learning experiences.
Differentiating between “theoretical” knowledge, captured in Knowledge Modules, and “Applied Knowledge”, Captured in Practical Skill Modules is a fallacy. There is no such thing as knowledge that cannot be applied.
The format of Associated Assessment Criteria is not consistently the same. Here is an example:
1. Level 5: Learning priorities are established by means of a structured and valid process within the contextual requirements. (Statement of fact. This is the format that was used in the CEP approved curriculums.)
1. Level 6: Apply principles of team leadership and management in learning and development context. (Starts with a verb.)
1. Level 7: Analyse and interpret various legislative, policy and regulatory frameworks governing skills development are in terms of their application for compliance purposes. (A mixture of the formats used on levels 5 and 6. Perhaps the same as on level 5, depending how one interprets the meaning of the sentence.)

97154 Occupational Certificate: Occupational Trainer, NQF Level 4

This qualification should be replaced in its entirety. It is an eclectic mixture of thumb-suck topics that do not focus on the achievement of any particular purpose.

101321 Occupational Certificate: Training and Development Practitioner, NQF Level 5

Workplace learning and work-based learning could have been treated as one field of learning. This would have eliminated the confusion between the Knowledge Modules, Practical Skill Modules and Work Experience Modules.
It is important to remember that Knowledge Modules serve as the foundation for progression from practical competence to foundational competence while Practical Skills Modules serve as the foundation for progression from foundational competence to Work Experience Modules (reflexive competence). Therefore, and to avoid confusion, Knowledge Modules should be paired up with Practical Skill Modules. Work Experience Modules are used to gain a measure of reflexive competence, and they can sometimes be integrated. Therefore, there should be the same number of Practical Skill Modules as Knowledge Modules, but there need not be the same number of Work Experience Modules. Let’s look at the situation with the current curriculum as opposed to what would have been a better arrangement:

The arrangement in the current curriculum (wrong).

Knowledge Modules	Practical Skill Modules	Work Experience Modules
01 The statutory learning and development environment.	01 Manage and coordinate logistics, facilities and financial resources.	01 Conduct learning and development management practices.
02 Learning and development management functions.	02 Plan, conduct and report on a learning and development needs analysis.	02 Conduct skills development facilitation processes as required for mandatory grant payments.
03 Organisational Learning and development needs analysis.	03 Plan the delivery of an occupational learning intervention.	03 Conduct learning and development planning and implementation processes.
04 Facilitation of learning in an occupational context.	04 Facilitate different methodologies, training styles and techniques within an occupational learning context.	04 Facilitate an occupational learning session.
05 Assessment principles and practices.	05 Facilitate experiential work-based learning.	05 Facilitate a work-based learning and development process.
06 Workplace learning and development planning, evaluation and reporting.	06 Plan and conduct the assessment of learner competencies.	06 Conduct assessments of learner competence.
07 Work-based learning.	07 Evaluate the impact of learning within an occupational context.	07 Conduct an evaluation of the impact of learning within an occupational context.

The following arrangement would have been less confusing, even though the anomalies in the definition of the modules become clear.

Knowledge Modules	Practical Skill Modules	Work Experience Modules
01 The statutory learning and development environment.	“Statutory” refers to legislation and the impact of legislation. It is not clear where this fits in with any of the Practical skill Modules or Work Experience Modules.
02 Learning and development management functions.	01 Manage and coordinate logistics, facilities and financial resources.	01 Conduct learning and development management practices.
03 Organisational Learning and development needs analysis.	02 Plan, conduct and report on a learning and development needs analysis.	02 Conduct skills development facilitation processes as required for mandatory grant payments.
04 Facilitation of learning in an occupational context.	04 Facilitate different methodologies, training styles and techniques within an occupational learning context.	04 Facilitate an occupational learning session.
07 Work-based learning.	05 Facilitate experiential work-based learning.	05 Facilitate a work-based learning and development process.
05 Assessment principles and practices.	06 Plan and conduct the assessment of learner competencies.	06 Conduct assessments of learner competence.
06 Workplace learning and development planning, evaluation and reporting.	03 Plan the delivery of an occupational learning intervention.	03 Conduct learning and development planning and implementation processes.
A Knowledge Module dealing with quality assurance would have been relevant here.	07 Evaluate the impact of learning within an occupational context.	07 Conduct an evaluation of the impact of learning within an occupational context.

121276 Advanced Occupational Certificate: Learning and Development Professional, NQF Level 6

Eight Knowledge Modules are probably too many for one certificate. Ons gets the impression that the developers added everything that they could not fit in on levels 4, 5 and 7 here.
The differences between the comprehensive curriculum developed and approved by the CEPs and the curriculum that was registered are vast, especially in terms of content.
I could not link Practical Skill Module 02 (Implement strategy for the management of a Work-based learning programme/bursary) with any of the Knowledge Modules or Work Experience Modules.
Work Experience Module 02 (Workplace-based learning programme implementation processes) does not fit with any of the Knowledge Modules. This Work Experience Module would have fitted in much better with the modules in the level 5 qualification.
As in the case of the level 5 qualification, Knowledge Modules and Practical Skill Modules are not arranged in an orderly sequenced manner.

118774 Advanced Occupational Diploma: Learning and Development Advisor, NQF Level 7

242401-002-00-KM-01, Learning and Development in a Knowledge Economy. This title sounds creative and current. However, it provides no indication of what the learning content of the module should be. One can, of course, obtain more detail information on the learning content by looking at the exit level outcomes. However, titles are always used in marketing materials, whereas using exit level outcomes in such materials would probably be inefficient.
Knowledge Module 01 The first knowledge module covers way too much content for one manual compared to the other knowledge modules. I, therefore, divided it into three manuals, one for each knowledge topic.
Practical Skill Modules 1 to 3 do not logically belong with any of the listed Knowledge Modules.
Knowledge Module 05 (Career Succession Planning, Recognition of Prior Learning and Talent Management) are not addressed in any of the Work Experience Modules. Work Experience Module 05 links to the recognition of prior learning. One can integrate knowledge and practical learning in Work Experience Modules, but regarding the recognition of prior learning as including career succession planning and talent management is somewhat far-fetched.
A second implication of the Practical Skill Modules not being aligned with the Knowledge modules is that it was almost impossible to structure the learning content in such a way that the learning process can be planned and executed systematically. Participants in the scoping processes sometimes suggested Associated Internal Assessment Criteria that do not belong with the Practical Modules where they were suggested; some such criteria imply as many as five or six separate and unrelated practical skills while others belong with additional skills that are not listed. Experts would, for example, suggest one step in a process consisting of six steps but not the other five steps. The facilitator will need to explain all six steps and the learners will need to do the steps that were not listed first before doing the one that was listed. Unfortunately, this cannot be supported by examples in the registered curriculum, seeing that it refers to the curriculum that was approved by the CEPs.

Close. In closing, the registered curriculums are better than the elaborate ones generated and approved by the CEPs. Unfortunately, some valuable knowledge and skills are now not addressed. Apart from rendering the learning being provided less effective, it also makes it difficult to align and registered Skills Programmes. One would, for example, have preferred to register three Skills Programmes dealing with assessment, namely Conducting assessment (the old US115753), Design and develop assessment (the old US115755) and Administration of Assessment (which was included in the old US123393 even though it justified and still justifies being a separate Skills Programme).

The most important flaw in the current curriculums is that the qualifications on levels 4, 5, 6 and 7 do not represent a smooth and progressive growth path. During the TEAM meeting on 25 October last year, the ETDP SETA, as the QDP, (Mr Maswazi Tshabalala) promised that the NQF Level 5 qualification would be reviewed this year and that the ETDP SETA would negotiate with the developer of the level 4 qualification to have it transferred to the ETDP SETA, where it belongs. It is already August, and nothing has been done about this problem yet. Furthermore, it would serve no purpose reviewing one or two curriculums only.

All four curriculums should be reviewed as one progressive learning process. I developed four such curriculums in 2022 and 2023 as suggested by Mr Thomas Lata. After the TEAM meeting of 25 October two consultants who attended the meeting asked me by email if they could have copies of the four curriculums. Do they sell the curriculums to the ETDP SETA or QCTO?

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MENU: VIDEOS ON ENTREPRENEURSHIP IN THE POST COVID-19 ERA

10th Oct 2021 No Comments

Video no	Topic	Duration (minutes:seconds)
110	The Elements of Entrepreneurship.	12:47
111	What is Entrepreneurship?	17:31
112	Challenges of the Entrepreneurial World.	12:12
113	The Window of Opportunity.	06:05
114	Strategic Management of Change.	11:47
115	The Concept ‘Strategy’.	13:08
116	What is Strategic Management.	11:31
117	The Strategy Formulation Process.	14:43
118	Considerations Following After the Formulation of the Vision and the Mission.	16.18
119	Strategy Analysis at the Business Level.	17:10
120	Scenarios and Strategy Development.	19:22
121	Formulating Scenarios.	09:34
122	Strategic Alternatives.	07:00
123	Implementing the Strategy.	05:05
124	The Management Processes.	16:11
125	Managing the External Environment.	14:01
126	Determining Strategic Objectives.	10:42
127	The Criteria for Strategic Objectives.	14:52
128	Analysis of Strategic Alternatives.	17:39
129	Other Business Strategies.	09:32
130	Selecting and Implementing a Business Strategy.	15:02
131	Thinking Creatively.	08:52
132	Types of Business.	07:56
133	Business Structures.	13:06
134	Your Business Profile.	10:05
135	Where does Entrepreneurship Start?	09:31
136	Characteristics of Good Entrepreneurs Part 1 of 3 Parts.	10:49
137	Characteristics of Good Entrepreneurs Part 2 of 3 Parts.	10:24
138	Characteristics of Good Entrepreneurs Part 3 of 3 Parts.	09:54
139	Ethics Part 1 of 4 Parts.	09:24
140	Ethics Part 2 of 4 Parts.	13:45
141	Ethics Part 3 of 4 Parts.	10:03
142	Ethics Part 4 of 4 Parts.	07:32
143	Planning your Business.	13:31
144	Your Interests and Fields of Business.	15:04
145	How to Conduct Market Research.	12:42
146	Identifying Business Opportunities through Market Research Part 1 of 2 Parts.	08:06
147	Identifying Business Opportunities through Market Research Part 2 of 2 Parts.	13:22
148	Branding.	08:10
149	Critical Success Factors for a Small Business, Part 1 of 2 Parts.	12:28
150	Critical Success Factors for a Small Business, Part 2 of 2 Parts.	09:43
151	Doing a Viability Study and Preparing a Business Plan.	11:36
152	Doing a Viability Study, Including a Cash Flow Analysis.	08:19
153	Profile Issues to Include in Your Business Plan.	12:33
154	Final Remarks on the Business Plan.	11:15
155	Managing your Business.	08:16
156	Gaining a Competitive Advantage, Part 1 of 4 Parts.	11:39
157	Gaining a Competitive Advantage, Part 2 of 4 Parts.	11:05
158	Gaining a Competitive Advantage, Part 3 of 4 Parts.	12:55
159	Gaining a Competitive Advantage, Part 4 of 4 Parts.	06:51
160	Contingency Planning and Capacity Building.	10:49
161	Financial Management.	12:13
163	Implementing Your Business Plan.	18:18
164	The Biggest Mistakes that you can make in Running your Business.	15:40
165	Managing your Small Business, Part 1 of 2 Parts.	12:24
166	Managing your Small Business, Part 2 of 2 Parts.	10:36
167	Selling your Business, Part 1 of 5 Parts.	08:03
168	Selling your Business, Part 2 of 5 Parts.	06:39
169	Selling your Business, Part 3 of 5 Parts.	14:59
170	Selling your Business, Part 4 of 5 Parts.	13:42
171	Selling your Business, Part 5 of 5 Parts.	12:22

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MENU OF VIDEOS ON ENTREPRENEURSHIP IN THE POST COVID-19 ERA AVAILABLE ON https://www.mentornetonline.co.za AS ON 5 AUGUST 2021

3rd Aug 2021 No Comments

Portrait Of Confident Female Owner Of Restaurant Bar Standing By Counter

	Topic	Duration (minutes:seconds)
1	The Elements of Entrepreneurship.	12:47
2	What is Entrepreneurship?	17:31
3	Challenges of the Entrepreneurial World.	12:12
4	The Window of Opportunity.	06:05
5	Strategic Management of Change.	11:47
6	The Concept ‘Strategy’.	13:08
7	What is Strategic Management.	11:31
8	The Strategy Formulation Process.	14:43
9	Considerations Following After the Formulation of the Vision and the Mission.	16.18
10	Strategy Analysis at the Business Level.	17:10
11	Scenarios and Strategy Development.	19:22
12	Formulating Scenarios.	09:34
13	Strategic Alternatives.	07:00
14	Implementing the Strategy.	05:05
15	The Management Processes.	16:11
16	Managing the External Environment.	14:01
17	Determining Strategic Objectives.	10:42
18	The Criteria for Strategic Objectives.	14:52
19	Analysis of Strategic Alternatives.	17:39
20	Other Business Strategies.	09:32
21	Selecting and Implementing a Business Strategy.	15:02
22	Thinking Creatively.	08:52
23	Types of Business.	07:56
24	Business Structures.	14:14

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Steps to Enrol for a Mentornet Online Course or to Watch a Video

2nd Aug 2021 No Comments

African American woman student with afro hairstyle wear yellow cardigan, sitting on windowsill, working doing remote job on laptop, learning using online course. Self-education, preparing for an exam.

Search the Mentornet online website by typing https://www.mentornetonline.co.za in the text box that your search engine uses (for example Google) and ENTER. That is the URL (Uniform Resource Locator) for the Mentornet online platform.
“Welcome to Mentornet Online” and “You have been logged in successfully” will appear on your computer screen.
Click on “Register” if you did not use the platform before.
A matrix (table) will appear asking your personal details.
Complete the table. It is simple, but a short video on how to complete the table is available. You should now see the invitation to watch the video for free.
Click on “Video Courses” at the top of your screen.
A dropdown menu with options for two available video courses will appear.
Click on “Proficiency Course in Entrepreneurship in the Post-COVID 19 Era”.
You can now watch the five-minute introductory video on the course for free if you did not watch it on Facebook already.
Scroll down to the menu of videos that are available.
Click in the relevant box to add a video or videos that you would like to watch.
Your video choice(s) will now appear in the top-right of your screen.
Click on “Register now” even if you already registered in step 3.
The payment options will now appear on your screen.
Choose when to pay by clicking in the small circle next to two possible options (“pay now” or “pay later”). The steps for both options are the same, so the further steps are for “pay now”.
Choose “Pay now” on the right-hand side of the payment options also by clicking in the text box.
The payment options and the amount due are shown in the next screen shot.
Click on the payment option of your choice.
From here you will need to follow your bank’s instructions on your cell phone or laptop computer, whichever you use to do the payment.
It will take a while for the video or videos of your choice to become available, depending on how long it takes for the payment to take place. They will automatically show on your screen whenever you visit the online platform again.

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