PART B – TERMS AND CONDITIONS
1. Definitions
1.1 The definitions below apply to these terms and conditions.
"Child" refers to the child or children named in Part A.
"You" refers to the person, firm, or company purchasing services from us.
"Services" refers to the services provided by the preschool on the days or half days indicated in Part A (*excluding bank and public holidays), including any additional services agreed upon.
"Us" refers to the preschool named in Part A.
1.2 A reference to "writing" or "written" includes email.
1.3 Any requirement in this contract for either party not to do something includes an obligation not to allow that thing to be done.
2. Formation of the contract
2.1 Prior to an offer of placement, we need to meet all children.
2.2 A contract for the Services will be formed between you and us when you provide a signed and fully completed registration form, a BAC payment of a refundable £250 deposit, and a £50 non-refundable registration fee. We will confirm in writing the success of your application for a place.
2.3 These terms and conditions govern the contract between you and us for the Services. No other terms apply unless they are included in a signed letter by both parties.
2.4 In case of uncertainty about which terms apply, these terms and conditions will prevail.
2.5 You may change your start date once within the same term, provided that you give two month's notice. Failure to comply will result in liability for full fees from the original start date or forfeiture of the deposit if you choose to retract your placement.
2.6 After securing your placement with a deposit, you must sign this contract within two weeks of receiving it. Failure to do so may result in the retraction of your placement and loss of the deposit.
2.7 If you retract your placement after signing the contract, your deposit will not be refunded.
3. Duration of the contract
3.1 The contract shall remain in effect until terminated by either party giving at least two full calendar months' written notice. However, immediate termination may be possible under clause 18 in certain circumstances.
3.1.1 Upon contract signing by all parties, you are obligated to pay two full calendar months' notice period fees if you decide not to take the placement.
3.2 You are liable for fees during the notice period, and failure to provide proper notice may result in the loss of your deposit.
3.3 In the final month of the agreement, after serving two months' notice, you are liable for a normal full monthly fee. If you choose to leave before the end of that final calendar month, pro-rating of fees for the part month will not apply.
4. Suspension of the Services
The Services may be suspended (meaning the Child is temporarily unable to attend the nursery) under the circumstances outlined in our Critical Incident Policy or clause 19. If the Services are suspended for more than one month, either party may terminate the contract by providing one month's written notice.
5. Our Obligations
5.1 We will make all reasonable efforts to provide the Services to you in accordance with these terms and conditions and any other relevant documents.
5.2 We value diversity and will respect human rights and freedoms. We will ensure our culture, policies, and procedures are accessible and comply with the Special Educational Needs and Disability Act 2001 or Equality Act 2010 to accommodate the needs of children, applicants, and staff with disabilities after reasonable adjustments.
5.3 If, after appropriate analysis, we determine that reasonable adjustments cannot be made to adequately provide for a Child, we may request that you withdraw the Child without charging fees in lieu of notice.
6. Your obligations
6.1 You shall:
6.1.1 Cooperate with us.
6.1.2 Provide us with necessary information about the Child, including:
6.1.2.1 Any known medical conditions, health problems, allergies, or diagnosed dietary requirements;
6.1.2.2 Any prescribed medication;
6.1.2.3 Any missing vaccinations;
6.1.2.4 Any family circumstances or court orders affecting the Child;
6.1.2.5 Any concerns about the Child's safety;
6.1.2.6 Your contact details and those of authorized persons who may collect the Child.
6.2 You must ensure the accuracy of these details and promptly inform us in writing of any changes.
6.2.1 For arrivals and departures of the child, please refer to the nursery's Arrivals and Departures Policy. Request a copy if necessary.
6.3 If our performance is hindered or delayed due to your actions or inactions, we shall not be liable.
6.4 Without our consent, you shall not employ or attempt to employ any of our staff until six months after the end of this contract.
6.5 All children are required to wear our preschool uniform and book bag, which must be purchased by parents.
7. Charges and payment
7.1 You are obligated to pay the charges as set out in Part A.
7.2 Charges are applicable even if the Child is absent.
7.3 Preschool fees are exempt from VAT.
7.4 The quoted charges are per Child, per core day hours, and include lunch and tea.
7.5 Extra hours or parts of an hour will be charged at the ruling rate and must be booked and paid for at least 24 hours in advance.
7.6 Charges must be paid monthly in advance by Direct Debit, or by Tax-free payment and/or childcare vouchers.
7.7 Payments are typically made by direct debit. Payment by cash may be permitted, but it is your responsibility to obtain a receipt from the preschool manager as proof of payment. Payment is not considered complete until it is cleared into our bank account.
7.8 We may increase our charges once per year, providing written notice is given one month before the proposed date of increase.
7.9 If payment is not made on time, we may:
7.9.1 Impose an interest charge of up to 1.5% per month on late payments, along with full administrative and recovery costs, including legal fees.
7.9.2 Suspend all Services until payment is made in full, including suspension of the Child, or terminate the contract permanently.
7.10 If you owe us money and make a claim against us, we may offset your debt against your claim.
8. Reducing or increasing sessions or days
You must provide two month's written notice if you wish to reduce the number of sessions or days required. Minimum sessions and days apply as stated on the website. One month's notice applies to requests for increased sessions or days.
9. Funding entitlements and Free nursery education
9.1 Should funding entitlements be accessed at any point during your child's time at William Rose Nursery, a full terms notice will be applied during the eligible period for the funding rate charge to activate. A valid funding code will be requested from the nursery manager to activate any funding entitlement. Details on request.
9.1.1 Automatic enrollment into 15hrs free childcare (child turning 3) will not require a funding code and the nursery will automatically enroll your child, a term after their birthday.
9.1.2 9.Parents are required to check and confirm eligibility on funding codes every three months and ensure the nursery is contacted with any changes. 15hr Universal funding (3 years old) is exempt from this process.
9.1.3 To utilize free nursery education, you must complete and sign a Parental Declaration every three months, specifying how and when you will use the free sessions.
9.2 Our charges will not apply to the free sessions stated in the Parental Declaration. However, reasonable charges may be incurred for meals or additional activities during these sessions.
9.3 Parents are required to pay a mandatory £50 monthly fee to cover all extra curriculum activities and meals.
10. Welfare of the Child
10.1 We will make all reasonable efforts to safeguard and promote the Child's welfare, providing care at the required standard or higher.
10.2 We will respect the Child's human rights and freedoms, taking into consideration the lawful needs and rules of our nursery and the rights and freedoms of others.
10.3 Your consent is required for physical contact that is lawful, appropriate, and necessary for teaching, instruction, comforting a distressed Child, maintaining safety and order, and ensuring the Child's health and welfare.
10.4 Parents of non-potty trained Children must provide disposable nappies.
10.5 For behavior management techniques and sanctions, please refer to the preschool's Promoting Positive Behaviour Policy. Request a copy if necessary.
10.6 Emergency procedures for accidents, evacuations, incidents, and allergic reactions are in place. Please refer to the individual policies and procedures provided.
11. Health and medical matters
11.1 If the Child becomes ill during the preschool session, the nursery manager will contact you or the emergency contact listed on the registration form. You must immediately notify us of any changes to these contact details. In cases requiring urgent medical attention, we will attempt to contact you and obtain your consent, but if unable to reach you, we are authorized to make necessary decisions on your behalf.
11.2 If the Child has a communicable illness, they should not attend the preschool until cleared of the infection. The infection control policy can be obtained from the preschool manager, including the list of exclusion periods for various illnesses.
11.3 You must notify the nursery manager if the Child is absent due to sickness.
11.4 If the Child is sent home due to ill health, re-admission will be allowed after a minimum of 24 hours. If the Child is prescribed antibiotics, they cannot return for 48 hours.
11.5 For medication administration to the Child, please refer to the nursery's Medication Policy. Request a copy if necessary.
11.6 Please also refer to clause 6.1.2 regarding information we need to be informed about.
12. Food/dietary requirements
12.1 We will work with you to provide suitable food for the Child if they have special dietary requirements or allergies diagnosed by a doctor or dietician. We will take reasonable care to prevent contact with restricted foods, with support from parents and external professionals as needed.
12.2 Menus will be available for inspection, and parents and children can contribute to their review.
13. Reporting of neglect or abuse
We are obligated to report any suspicions of neglect or abuse to the relevant authorities. We may do so without your consent or knowledge if necessary.
14. Limitation of liability
14.1 This clause outlines our (and our employees', agents', consultants', and subcontractors') liability to you, including any breaches, statements, or termination of the contract.
14.2 All terms implied by law are excluded or deleted from the contract to the fullest extent permitted by law.
14.3 Our liability for fraud or death/personal injury resulting from negligence is not limited by these terms and conditions.
14.4 We shall not be liable for:
14.4.1 Loss or damage to any personal belongings brought into the preschool;
14.4.2 Loss of profits, consequential loss, or any other indirect loss;
14.5 Subject to clause 14.3, our total liability (whether in contract, tort, negligence, or otherwise) shall be limited to the cumulative price paid by you for the Services during the contract.
15. Data protection
15.1 You agree that your name, address, and payment records may be submitted to a credit reference agency. Personal data will be processed by us in connection with the Services.
15.2 We may take photographs and/or videos of your Child for promotional or training purposes only. If you do not wish your Child to be included, please complete the provided "permission form" or notify the preschool manager in writing.
15.3 Any personal data related to you or your Child will be handled in accordance with our privacy notice.
16. Security
Parents are welcome to visit the preschool, but prior notification is required
for admission. You must ensure that we are aware of authorized persons collecting the Child. No Child will be released to anyone not listed as an authorized person.
17. Complaints and concerns
If you have any complaints or concerns, please address them to the supervisor in charge initially. If the matter is not resolved within a reasonable period, please escalate it to the preschool manager. Our complaints and compliments policy applies to all received complaints.
18. Termination for breach of contract or bankruptcy/insolvency
18.1 Either party may terminate the contract without liability by providing written notice if:
18.1.1 Payment is not made within 10 days of the due date;
18.1.2 A material breach of any contract term remains unresolved for 30 days after written notice;
18.1.3 The other party suspends payment of debts, admits inability to pay debts, or is deemed unable to pay debts within the meaning of the Insolvency Act 1986.
18.2 On termination of the contract, you must settle any outstanding invoices immediately, and we may invoice for any Services provided but not previously invoiced. Clauses intended to survive termination shall remain in force.
19. Events beyond our control
19.1 In the event of circumstances beyond our reasonable control (e.g., fire, flood, outbreaks, strikes, acts of terrorism), covered by business interruption insurance, we may close the nursery without charging fees for the closure period. We will keep you informed in such situations.
19.2 In our reasonable opinion, we may close the nursery even if not covered by business interruption insurance. In these cases, fees will be charged for the closure period (e.g., severe weather conditions, outbreaks of illnesses). [Additionally, if the owner of the premises denies us access, we will be forced to close.]
20. Invalid clauses
If any part of the contract is deemed invalid, illegal, or unenforceable by a court or similar authority, that part shall be removed, while the remaining terms shall remain in effect.
21. Changes to these terms and conditions
21.1 We may modify these terms and conditions due to changes in regulations or legislation affecting us.
21.2 We may also change other terms in these conditions with at least one month's written notice.
22. No other terms
Both parties acknowledge that the contract encompasses all relevant agreements, and no additional statements or representations, unless fraudulent, have influenced their decision to enter the contract.
23. Assignment
The contract is personal to you, and without our written consent, you may not transfer your rights or obligations to another party.
24. Rights of third parties
The contract does not grant any rights to third parties.
25. Governing law and jurisdiction
The contract, any disputes or claims arising from it, and its subject matter shall be governed by the law of England. The courts of England shall have exclusive jurisdiction over such disputes or claims.
26. Hiring of William Rose staff
Arranging private work assignments with our William Rose staff is detrimental to our business, increases costs and can cause issues with nursery ratios and staff coverage. Recruitment in Early Years is particulary challenging. We request parents refrain from contacting our staff for new private work engagements.