1.1 It is agreed that Best Friends Childcare Centre Limited (“the Centre”) will provide you with daytime childcare services for your child as required by the Information Pack Forms or as required.
1.2 The service will be provided with reasonable care and skill and in compliance with the Children Act 1999 and care Standards Act 2000.
1.3 The service will meet the requirements or and restrictions imposed by any insurance policy in regard to the provision of the services.
1.4 The provision of the service will normally include:
1.4.1 Supervising the children;
1.4.2 Providing suitable meals and snacks as appropriate;
1.4.3 Providing suitable activities and tasks.
2.1 The current fees for the Centre’s services are as shown at Schedule 1.
2.2 All payments should be made one month in advance on the 1st of the month by Standing Order. A £3.50 handling fee applies to all payments not made by Standing Order.
2.3 Without limiting the Centre’s other rights and remedies late payments received without the agreement of the Centre will be subject to the administration fees as set out in Schedule 2, or such greater sum that reflects the loss incurred by the Centre, as set out in Schedule 2.
2.4 The current administration fees for various events and ancillary charges are set out in Schedule 2.
2.5 Additional sessions will be invoiced separately at the full day rate and are payable within 7 days of the invoice date.
2.6 The level of fees is subject to review annually on the 1st April. One month’s advance notice of any fee changes will be given.
2.7 A £50 non-refundable registration fee is payable upon application for a place at the Centre.
2.8 Fees are payable at the applicable rate for:
2.8.1 public holidays;
2.8.2 absence due to child’s illness;
2.8.3 child’s holidays;
2.8.4 any closure of the Centre due to circumstances beyond its control; and
2.8.5 Christmas Day to New Year’s Day when the Centre is closed for training and/or redecorating purposes. This period may be moved to alternative dates if required.
3.1 Once a start date at the Centre has been agreed, you must provide a deposit of £150 in order to secure the start date.
3.2 If after payment of the deposit you wish to amend the start date the first deposit will be forfeit and a further deposit of £150 will be required if the new start date is more than 7 days before or after the original start date.
3.3 Any request to amend a start date by more than 21 days may result in the loss of the place as the same may be offered to another child.
3.4 Deposits (unless forfeit) will be held for the period that your child remains at the Centre and will be deducted from the final month’s fees.
3.5 All interest accruing on the deposit will belong to the Centre.
3.6 Without limiting the Centre’s other rights and remedies in the event that fees are unpaid the Centre reserves the right to forfeit such part of the deposit as is equal to the sum outstanding.
3.7 The deposit is non-refundable and will be forfeit if the place is cancelled by you less than 28 days before the arranged start date.
Charges and Cancellation
4.1 Either party may change a session by giving a minimum of 4 weeks advance notice in writing. The notice period should expire at the end of a calendar month.
4.2 Either party may terminate a child’s place at the Centre by giving a minimum of 8 weeks advance notice in writing. The notice period should expire at the end of a calendar month.
4.3 Without limiting the Centre’s other rights and remedies in the event that fees are unpaid the Centre reserves the right to terminate a child’s place at the Centre immediately or suspend the provision of services by notice in writing.
4.4 The Centre reserves the right to alter sessions or hours of a session, if the circumstances dictate, without providing the notice period set out in clause 4.1.
5.1 Refunds will be only be payable at the discretion of the Centre.
5.2 The issue of a refund on any occasion will not be seen as a waiver of fees to be applied in any other circumstances or for the same circumstances in the future.
Warranty and Liability
6.1 You warrant that the Centre can rely on the information you provide as correct including the information in the information pack and acknowledge that the Centre has no liability for any loss, damage, costs, expenses or other claims for compensation, howsoever arising as a result of any incomplete or incorrect information being provided or your failure to provide information. This is subject to clause 6.3 below.
6.2 The Centre shall not be liable to you for any loss arising from the provision or non- provision of the Centre’s services, howsoever caused, including loss, consequential loss or damages.
6.3 Nothing in these Terms and Conditions affects any liability for death or personal injury caused by the Centre’s negligence, or the your statutory rights as a consumer.
7.1 The Centre may suspend the provision of services to you at any time, if:
7.1.1 You have failed to pay the Centre’s fees;
7.1.2 Your child’s behaviour at the Centre is deemed to be unacceptable or endangers the safety and well-being of the other children or staff at the Centre. The suspension will continue whilst we try and address the issues with you;
7.1.3 Your child becomes ill or is suffering from a contagious illness.Your child will not be allowed to attend the Centre until the contamination period has passed and/or 48 hours after the start of medication.
7.2 If the period of suspension exceeds one month, either party may terminate this contract by written notice.
8.1 The Centre will only release your child to you or the people identified by you in the Information Pack, after following the procedures set out in that document.
8.2 If you identify people in the Information Pack as being authorised to collect your child, you acknowledge that the Centre is entitled to rely on that information.
9.1 The Centre is registered under the Data Protection Act 1998 to process personal information pursuant to the provision of child care.
9.2 Personal information provided by you shall only be used for the purpose of providing the childcare services.
9.3 You can correct any information, or ask for information about you to be deleted, by giving written notice to the Centre at the address given in the Information Pack.
9.4 The Centre operates a CCTV system covering the outside of the Centre for safety purposes. You and your child may be captured on this CCTV system whilst outside of the Centre. The recordings will only be viewed by authorised members of staff, or authorised law enforcement officers. The recordings will be dealt with in accordance with the provisions of the Data Protection Act 1998.
9.5 It is a term of this Contract that you understand and agree to the procuring of personal data (including sensitive personal data) in this way of which you, your child or a connection may be the subject.
10.1 You may not either during the term of this contract or in the 12 month period thereafter employ in any capacity or otherwise engage the services of any member of the staff at the Centre without prior written permission of a director or Gemma Jones.
10.2 If written permission is granted under clause 10.1, the Centre is neither involved nor liable in any way for that employee whilst they are working for you.
10.3 In the event of a breach of clause 10.1 then without limiting its remaining rights, the Centre reserves the right
10.3.1 to terminate your child’s place at the Centre with immediate effect and/or
10.3.2 to recover from you all losses, damage, costs and expenses directly or indirectly arising as a result of such breach.
10.4 If you employ an employee or ex-employee of the Centre within 12 months of your child leaving the Centre, these Terms and Conditions will still apply.
Medical and Ancillary Information
11.1 You must ensure the Centre has received completed medical and ancillary forms included within the Information Pack, prior to your child attending the nursery.
11.2 Should the information on the forms change, you must immediately inform the Centre of any changes.
Alteration of Terms
The Centre reserves the right to add to, remove or alter these terms and conditions without notice.
The Centre is under an obligation to report any instances where we consider that a child may have been neglected or abused to the relevant authorities. We may do so without your consent and/or without informing you where we are under a legal duty to report.
These Terms and Conditions and Contract will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising.
15.1 The “Centre” means Best Friends Childcare Centre Limited.
15.2 “Contract” means the contract for the provision of services provided by the Centre to you, as set out in these Terms and Conditions;
15.3 All references to “you” mean the person or people signing this Contract
15.4 “Information Pack” means the document containing forms to be completed by you and containing information about the Centre and how it operates.