3. FEES AND PAYMENT
3.1 Monthly Fees
Please see www.starsonthelane.ie for fee breakdowns
Fees are payable in full on the first day of each calendar month in advance, unless otherwise agreed in writing.
Payment shall be made by: BANK TRANSFER. Please see parent handbook for payment details,
3.2 Payment Obligation
The Parent remains responsible for payment of the agreed fees for the Child's reserved place, irrespective of whether the Child attends on a particular day.
The Parent acknowledges that the Child's place is reserved specifically for the Child and that staffing and operational arrangements may be made by the Creche on the basis of that place being occupied.
3.3 Late or Unpaid Fees
Where fees are not paid when due, the Creche may contact the Parent and request immediate payment.
If fees remain unpaid, the Creche may take reasonable steps to recover the outstanding balance and, subject to applicable law and the Creche's policies, may suspend the Child's place or terminate this Agreement.
Nothing in this clause permits the Creche to disregard its child safeguarding obligations.
4. ABSENCES, HOLIDAYS AND CLOSURES
Fees remain payable during periods of Child absence.
The Parent should notify the Creche as soon as reasonably practicable if the Child will be absent.
The Parent must inform the Creche promptly of any illness, infectious condition, injury, medical issue or other circumstance that may affect the Child's health, wellbeing or ability to safely attend the Creche.
The Creche may require a Child not to attend, or to be collected from the Creche, where the Creche reasonably considers this necessary for the Child's health or safety or the health and safety of other children or staff, subject to applicable legislation and guidance.
The Creche will notify Parents of planned closures and holidays in accordance with its policies.
5. THE CHILD'S WELFARE AND BEST INTERESTS
The Parent acknowledges that the Creche's decisions concerning the day-to-day care, supervision, activities, routines and management of the Child will be made with the objective of protecting and promoting the Child's welfare and best interests.
The Creche will take reasonable account of:
the Child's age and stage of development;
the Child's individual needs;
the Child's emotional and physical wellbeing;
the Child's safety;
information provided by the Parent;
professional advice where relevant;
the welfare and safety of other children;
the Creche's safeguarding policies and procedures; and
its legal and regulatory obligations.
The Creche will communicate with Parents regarding significant concerns relating to the Child wherever reasonably possible and appropriate.
However, the Creche may need to act without prior parental agreement where immediate action is reasonably necessary to protect a child from harm or to comply with a legal, regulatory or safeguarding obligation.
6. CHILD SAFEGUARDING AND PROTECTION
The Creche is committed to maintaining a culture in which the safety, welfare and protection of children is treated as a fundamental priority.
The Creche will operate in accordance with applicable Irish child protection and safeguarding legislation, regulations, guidance and best practice, including, where applicable, the Children First Act 2015 and Children First: National Guidance for the Protection and Welfare of Children.
The Creche will maintain appropriate safeguarding policies and procedures and, where legally required, a Child Safeguarding Statement.
The Parent acknowledges that the Creche may be required to:
record and respond to concerns relating to the welfare or safety of a child;
report concerns to Tusla or An Garda Síochána where required or appropriate;
make a mandated report where legally required;
cooperate with Tusla, An Garda Síochána or another competent authority;
share information where permitted or required by law; and
take immediate steps to protect a child where a safeguarding concern arises.
The Creche cannot agree to keep confidential any information where disclosure is required by law or where disclosure is necessary to protect a child.
The Parent agrees to cooperate fully with reasonable safeguarding procedures.
The Parent must provide the Creche with accurate and up-to-date information concerning matters relevant to the Child's safety and welfare, including:
medical conditions;
allergies;
dietary requirements;
medication;
developmental needs;
additional support needs;
relevant family or custody arrangements;
emergency contact information; and
any other information that could reasonably affect the Child's safety or wellbeing.
The Parent must immediately notify the Creche of any material change to such information.
Tusla guidance confirms that parents and guardians may request information regarding a service's Child Safeguarding Statement and relevant safeguarding procedures.
7. COLLECTION AND AUTHORISED PERSONS
The Child may only be collected by:
the Parent; or
another person expressly authorised by the Parent and accepted by the Creche.
The Parent must notify the Creche in advance where another person will collect the Child, unless an emergency makes this impossible. No child can be released to any person under 18. Therefore only adults can collect any child.
The Creche may request identification from a person collecting the Child.
The Creche may refuse to release the Child where there is a reasonable concern regarding the identity, authority, capacity or safety of the person attempting to collect the Child, subject to applicable law and any relevant court orders.
The Parent must provide the Creche with copies or details of any relevant court order, custody arrangement, guardianship arrangement or other legal restriction that affects the Child's collection or care.
The Creche will act in accordance with its safeguarding responsibilities and any applicable legal requirements.
8. PARENT CONDUCT AND BEHAVIOUR
The Creche is committed to maintaining a respectful, inclusive and professional environment for children, Parents and staff.
The Parent agrees to treat all Creche employees, management, children and other Parents with courtesy, dignity and respect.
The following conduct is not acceptable:
verbal abuse;
threatening or intimidating behaviour;
harassment or bullying;
discriminatory or offensive behaviour;
aggressive or confrontational behaviour;
threatening physical behaviour;
physical violence;
abusive or threatening communications by telephone, email, messaging services or social media;
making malicious or knowingly false allegations about staff or the Creche;
attending the Creche while intoxicated or otherwise impaired where this creates a safety concern;
attempting to interfere improperly with the care or supervision of children;
attempting to obtain confidential information about other children or families; or
conduct that places children, staff or other persons at risk.
Parents must not enter areas of the Creche that are restricted to staff or children without the permission of an authorised member of staff.
Parents must not photograph, video or otherwise record other children or staff without appropriate consent and authorisation.
Any concern or complaint should be raised through the Creche's complaints procedure rather than through abusive, threatening or confrontational behaviour.
Where a Parent's conduct presents a genuine risk to the safety or wellbeing of children, staff or others, the Creche may take reasonable steps to manage that risk, including restricting access to the premises, requiring communication to take place remotely, or taking further action under this Agreement.
9. COMMUNICATION WITH PARENTS
The Creche recognises that effective communication between Parents and childcare professionals is important to the Child's wellbeing.
Parents are expected to:
provide accurate contact information;
respond to reasonable requests for information;
inform the Creche promptly of relevant changes affecting the Child;
attend meetings concerning the Child where reasonably requested;
engage constructively with staff concerning the Child's welfare and development; and
follow reasonable procedures relating to health, safety and safeguarding.
The Creche will seek to communicate significant matters concerning the Child in a timely and appropriate manner.
Routine communications may be provided through: Whatsapp, Childpaths, email, phone or in person at drop off or collection.
10. HEALTH, MEDICAL NEEDS AND EMERGENCIES
The Parent must provide complete and accurate information regarding the Child's health, medical conditions, allergies and medication. A care plan must be completed and signed by the parent if there are any health concerns, allergies or issues around behaviour. The parent must update the service manager should any changes occur to the child’s needs,
Where the Creche has been provided with appropriate instructions and authorisations, staff will administer medication in accordance with the Creche's medication policy and applicable requirements.
In the event of an emergency, the Creche may seek medical assistance for the Child and, where reasonably necessary, contact emergency services before obtaining parental consent.
The Parent authorises the Creche to take reasonable steps necessary to protect the Child's health and safety in an emergency, subject to applicable law and the Creche's policies.
11. NOTICE AND TERMINATION
11.1 Parent Notice
The Parent may terminate this Agreement by providing the Creche with not less than two (2) calendar months' written notice.
Notice must be provided in writing by completion of the lever’s request form.
Unless otherwise agreed in writing, fees remain payable throughout the notice period.
For clarity, a Parent cannot ordinarily terminate the Child's place immediately by simply removing the Child from attendance without paying the fees due during the two-month notice period. If a parent does not pay the full fee due, their bill will be referred to a dept collection agency and this may impact their credit rating,
11.2 Immediate or Short-Notice Termination
Nothing in this Agreement requires the Creche to continue providing childcare where doing so would reasonably place a child, staff member or other person at risk, or where immediate termination is reasonably required by law, regulation or a competent authority.
The Creche may also terminate or suspend the Agreement, subject to applicable law and fair procedures, where there has been a serious or persistent breach of this Agreement, including:
serious or persistent non-payment of fees;
serious or threatening Parent misconduct;
violence, harassment or intimidation;
serious breach of safeguarding requirements;
knowingly providing materially false information concerning the Child;
failure to provide information necessary to safely care for the Child; or
conduct which creates a serious and unreasonable risk to children, staff or the operation of the service.
Where circumstances permit, the Creche will communicate its concerns to the Parent and provide an opportunity to address them before taking such action.
Nothing in this clause limits any mandatory reporting or safeguarding obligation.
12. COMPLAINTS AND CONCERNS
Parents are encouraged to raise concerns promptly with the Creche so that they can be addressed constructively.
The Parent should follow the Creche's written complaints procedure.
A complaint will not, of itself, affect the Parent's or Child's entitlement to fair treatment.
Where a matter concerns child protection or welfare, the Creche will deal with it in accordance with its safeguarding obligations and applicable procedures.
Nothing in this Agreement prevents a Parent from contacting Tusla, An Garda Síochána or another competent authority where the Parent considers that this is appropriate.
13. CONFIDENTIALITY AND DATA PROTECTION
The Creche will process personal information relating to the Child and Parent in accordance with applicable Irish and European data protection legislation, including the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, where applicable.
Personal information will be processed for purposes including:
providing childcare;
protecting the Child's health, safety and welfare;
communicating with Parents;
complying with legal and regulatory obligations;
safeguarding children;
administering fees and accounts; and
managing the Creche's legitimate operational requirements.
The Creche will not disclose personal information except where there is an appropriate legal basis for doing so.
The Parent agrees to provide information reasonably required by the Creche to provide safe and appropriate care.
14. POLICIES AND PROCEDURES
The Parent acknowledges that the Creche operates according to policies and procedures designed to protect children and support the effective operation of the service.
These may include policies concerning:
child safeguarding;
child protection;
complaints;
positive behaviour;
health and illness;
medication;
infection control;
accidents and incidents;
collection and authorised persons;
data protection;
photography and recording;
emergencies;
inclusion and equality; and
fees and payment.
The Parent agrees to comply with reasonable policies and procedures applicable to Parents.
Where a policy conflicts with applicable legislation or regulatory requirements, the applicable legislation or regulatory requirement will take precedence.
15. INCLUSION, EQUALITY AND RESPECT
The Creche is committed to providing an inclusive environment for children and families.
The Creche will seek to treat children and families fairly and respectfully and in accordance with applicable equality and anti-discrimination legislation.
Parents are expected to demonstrate the same respect towards staff, children and other families.
The Creche will make reasonable efforts to accommodate a Child's individual needs where practicable and appropriate, taking account of the Child's circumstances, available resources, professional advice and applicable legal and regulatory requirements.
16. LIABILITY
The Creche will take reasonable measures to safeguard the health, safety and welfare of children attending the service and will operate in accordance with applicable Irish law and regulatory requirements.
Nothing in this Agreement excludes or limits any liability which cannot lawfully be excluded or limited.
The Creche will not be responsible for loss or damage to personal belongings brought to the Creche by the Child or Parent except where responsibility arises under applicable law.
Parents remain responsible for providing accurate information necessary for the safe care of their Child.
17. CHANGES TO THIS AGREEMENT
The Creche may make reasonable changes to its policies and procedures where necessary to reflect changes in legislation, regulation, safeguarding guidance, operational requirements or best practice.
Where a change materially affects the contractual rights or obligations of the Parent, the Creche will provide reasonable notice where practicable.
Any change to the core financial or termination terms of this Agreement will be communicated to the Parent in writing.
18. FORCE MAJEURE AND UNFORESEEN CIRCUMSTANCES
The Creche will not be liable for failure or delay in providing services where this is caused by circumstances beyond its reasonable control, including serious emergencies, fire, flooding, public health emergencies, utility failures, government restrictions or other circumstances which make the provision of childcare unsafe or unlawful.
Where possible, the Creche will communicate with Parents regarding such circumstances and will seek to resume normal services as soon as reasonably practicable.
19. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and interpreted in accordance with the laws of Ireland.
Subject to any mandatory rights or remedies available to either party under Irish law, the parties agree that the Irish courts shall have jurisdiction in relation to disputes arising from or connected with this Agreement.
Nothing in this Agreement prevents either party from exercising any statutory rights or remedies available to them.
20. ENTIRE AGREEMENT
This Agreement, together with any documents expressly incorporated into it, constitutes the agreement between the Parent and the Creche concerning the Child's childcare place.
If any provision of this Agreement is found to be invalid, unlawful or unenforceable, that provision shall be severed or modified to the minimum extent necessary, and the remaining provisions shall continue in effect.
No failure or delay by either party in exercising a right under this Agreement shall constitute a waiver of that right.
21. PARENT ACKNOWLEDGEMENT
By signing below, the Parent confirms that:
they have read and understood this Agreement;
they agree to comply with its terms;
they understand that childcare fees are payable on the first day of each month in advance;
they understand that a minimum two-month written notice period applies to termination by the Parent;
they understand the Creche's commitment to child safeguarding;
they agree to provide accurate and relevant information concerning the Child;
they agree to behave respectfully towards Creche staff, children and other families;
they understand that the Creche must act in accordance with its legal and safeguarding obligations; and
they understand that the Creche will seek to act in the best interests of the Child at all times, subject to applicable law, professional responsibilities and the welfare and safety of all children attending the service.