Terms & Conditions

Last updated March 2024

Formation of the Contract

• A contract for the services will be formed between you and us once you have given us a signed and fully completed registration form, signed the permissions forms and given us an administration fee and one month’s deposit.
• The contract shall last until it is terminated by either you or us giving to the other in writing at least four weeks’ notice. However, in some circumstances the contract can be terminated immediately under clause 16. You are liable for the fees during the notice period. If you fail to give proper notice you may lose any fees already paid to us.
• We welcome staff, children, families and visitors to our setting from many different backgrounds and ethnic groups. Human rights are respected and we will do all that is reasonable to ensure that our culture, policies and procedures are made accessible to everyone.
• We have a duty of care under the Special Educational Needs and Disability Act 2001, however if we determine in our sole discretion that reasonable adjustments cannot be made for a child and as such we cannot continue to adequately provide for that child then we shall be permitted to request that you withdraw that child from our setting without being charged fees in lieu of notice.

Your Obligations

• To co-operate with us and provide us with information we may reasonably require about the child or children named on the contract such as known medical conditions, allergies, health problems, dietary requirements and other agencies or professionals involved in their care, any prescribed mediation, any family circumstances or court orders, any concerns about the child’s safely or development, your contact details and those of your authorised persons who may collect the child or children. It is your responsibility to ensure these details are accurate and keep us informed of any changes immediately in writing.
• You shall not employ or attempt to employ any member of our staff until six months after their contract has terminated with us.

Charges and Payments

• You shall pay the charges as set out in your contract and on your invoice.
• Charges are due even if your child is absent for any reason.
• Charges are due for bank holidays if they fall on your normal contracted day to attend.
• Extra hours or date will be charged for and must be booked in advance.
• Extra charges may apply to cover large trips or outings.
• Any extra booked sessions must be paid for in advance. If you have any outstanding balance, no extra sessions can be booked until this has been cleared.
• We require 24 hours notice to cancel extra sessions. If cancelled less than 24 hours before the extra session, you will be charged for these.
• The charges must be paid monthly in advance or weekly if agreed with the management.
• All payments must be made by BACS transfer, tax free childcare or card and receipts will be issued.
• Fees are due on the first of the month and an invoice will be sent seven days in advance.
• Late or short payments will incur a charge of 10% of the balance per day until the funds are cleared and any payment late in excess of 7 days will result in suspension of your child’s attendance and could lead to termination of your contract.
• Any outstanding balance may be passed to our legal department who will seek to recover the remaining balance through the small claims court.
• We will review our fees annually and we may increase these. We will give your written notice of any such increase one month before the proposed date of increase.

Reduction of Sessions

We require one month’s written notice of a reduction in the number of sessions you require.

Nursery Education Funding

• If you wish to take up your free nursery education funding you will be required to complete a parental agreement on a termly basis and will need to provide your child or children’s birth certificate and passport, your date of birth and your national insurance number.
• Parents or carers who wish to claim the additional funding will be required to ensure they apply for this on time and give us their code.
• Children receiving Nursery Education Funding will be required to pay a consumables charge.

Welfare of the Child

• We will do all that is reasonable to safeguard and promote the welfare of the child and to provide care to the standard of the law and often to a much higher standard.
• Parents or carers of children who are not potty trained must provide nappies and we will provide wipes and cream. Parent who repeatedly forget to provide nappies will be charged for a pack of nappies.
• Parents or carers need to provide sealed formulae milk or named breast milk for babies requiring this. An area will be made available for mothers to breastfeed or express should they wish to do so.

Health and Medical Conditions

• If a child becomes ill during their day in the setting we will contact your or your emergency contact named on your registration form and we expect the child to be collected and removed from the setting within the hour. This is for the welfare of the child and the other children in the setting.
• If your child requires emergency medical care we will make every attempt to contact you but if we are unable to do so we shall be authorised to make the decision on your behalf should consent be required for emergency treatment recommended by a doctor this will include consents to operations and blood transfusions unless you have previously advised us that you do not agree to blood transfusions.
• If your child is suffering from an infectious illness including sickness and diarrhoea please do not bring them into the setting until 48 hours after their last episode, but please contact the setting to advise us of their absence.
• If your child is prescribed antibiotics they must not return to the nursery for 24 hours following the commencement of these.

Dietary Requirements

We will work with you to provide suitable food for your child. If they have a special dietary requirement or any allergies as diagnosed by a doctor or dietician, all reasonable care will be taken to ensure that the child does not come into contact with certain foods.

Reporting of Neglect or Abuse

We have an obligation to report to the relevant authorities any suspicions we have that your child has suffered neglect or abuse and we may do so without consent and or without informing you if we feel this may cause further harm.

Limitations of Liability

This clause sets out our liability to you in respect of the contract. All terms implied by law are to the fullest extent permitted by law, excluded or deleted from the contract. Nothing in these terms and conditions in any way limits our liability for fraud or for death or personal injury resulting from negligence. We shall not be liable for:

• Any loss or damage to any toys, equipment or bags, clothing etc. you may bring into the setting.
• Loss of any profits or consequential loss or any other indirect loss.

GDPR

You agree that details of your names, address and payment details will be processed by and on behalf of us in connection with our services. Please see our GDPR policy.

Security

Parents and carers are welcome to visit the setting but we will not admit anyone without prior notification. It is your responsibility to ensure that we are made aware of who will be collecting your child. No child will be allowed to leave the setting with any person who has not been notified as an authorised person to collect on your behalf.

Complaints and Concerns

Please address any complaints and concerns ot the Manager of Deputy Manager in the first instance. Please refer to our complaints policy.

Termination for breach of contract

Without restricting any other legal rights which the parties may have either party may terminate the contract without liability to the other immediately on giving written notice to the other if:

• The other party fails to pay any amount due under the contract on the due date for payment and remains in default for 10 days or more.
• The other party suspends or threatens to suspend payment of its debts or is unable to pay its debts as they fall due or admits inability to pay their debts.

Events beyonds our control

If any event beyond our reasonable control such as flood, fire, E-Coli outbreak, act of terrorism etc. occurs for which we have business interruption insurance we may close the setting without liability to you and we will not charge you for the fees for the time the nursery is closed. We will keep you informed in such an event.

We may change these terms and conditions provided we give you one month’s written notice of our intention to do so.

This contract is personal to you and you shall not transfer this contract to anyone else.

A person who is not a party to this contract will have no rights under or in connection with it.