Terms and Conditions

1. Definitions

1.1 The definitions below apply in these terms and conditions.

“Child” – the child or children who are named in Part A.

“You” – the person who purchases Services from us.

“Services” – the services of a nursery together with any other services which we provide, or agree to provide, to you.

“Us” – the Partnership named in Part A.

“Nursery” – any of the nurseries owned by the Partnership 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 on that party not to allow that thing to be done.

2. Formation of the Contract

2.1 A contract for the Services will be formed between you and us once we have confirmed to you in writing that your application for a place has been successful and you have given us:

• a) a signed, fully-completed Enrolment Form;
• b) a signed Parent Contract; and
• c) for fee-paying places only, paid a £400.00 Deposit.

2.2 These terms and conditions govern the contract between you and us for the Services. No other terms apply unless they are in:

• a) A policy issued to you by us; or
• b) A letter that is signed by both you and us.

2.3 In the case of any uncertainty as to which terms apply, these terms and conditions will apply.

3. Duration of the Contract

3.1 The contract shall last until it is terminated by either you or us giving to the other, in writing, at least one full term’s notice given on or before the first day of term (whether or not that is a day on which the Child usually attends the nursery). However, the contract can, in some circumstances, be terminated immediately under clause 18.

3.2 You are liable for the fees until the contract is terminated.

3.3 If you give less than one full term’s notice as required by clause 3.1 above, then you will be liable for the following fees as applicable:

• a) the fees for the current term (if the Child currently attends the nursery or the Starting Date written in Part A falls within the current term); and
• b) the fees for the following term (whether or not the Child currently attends the nursery).

In both cases, these fees are calculated on the basis of the number of sessions written in Part A (unless this has been subsequently varied by agreement between you and us). You will lose your deposit and it will be applied towards these fees. An invoice will be issued for the balance.

4. Suspension of the Services

The Services may be suspended (meaning the Child is temporarily not able to attend the nursery) in the circumstances set out in our Critical Incident Policy or in the circumstances set out in clause 19.

5. Our Obligations

5.1 We will use all reasonable efforts to provide our Services to you, in accordance in all material respects with these terms and conditions and any other documents referred to in clause 2.2 above.

5.2 We welcome staff and children from many different backgrounds and ethnic groups. Human rights and freedoms are respected and we will do all that is reasonable to ensure that our culture, policies and procedures are made accessible to children who have disabilities and to comply with their social and moral obligations under the Special Educational Needs and Disability Act 2001 or Equality Act 2010 in order to accommodate the needs of children, applicants and members of staff who have disabilities for which, after reasonable adjustments, we can cater adequately.

5.3 If we determine, in our sole discretion (after appropriate and reasonable analysis) that reasonable adjustments cannot be made for a Child and as such we cannot continue to adequately provide for that Child (or admit them as the case may be) then we shall be permitted to request that you withdraw the Child without being charged fees in lieu of notice.

6. Your Obligations

6.1 You shall:

6.1.1 Co-operate with us.

6.1.2 Provide to us such information as we may reasonably require about:

a) The Child, such as:

• Any known medical condition, health problem, allergy, or diagnosed dietary requirement;
• Any prescribed medication;
• Any lack of any vaccination which the Child would ordinarily have by their age;
• Any family circumstances or court orders affecting the Child;
• Any concerns about the Child’s safety.

b) Your contact details, and those of your authorised persons who may collect the Child.

6.2 You must (a) ensure that these details are accurate and (b) keep these details up-to-date, by promptly informing us in writing whenever they change.

6.2.1 As regards arrivals and departure of a child, please refer to our Registration and Collection of Children Policy. Please ask for a copy of it if necessary.

6.3 If our performance of our obligations under the contract is prevented or delayed by anything you do (or fail to do), we shall not be liable.

7. Charges and Payment

7.1 You shall pay the charges as set out in Part A or in accordance with clause 19.

7.2 Where the Child is unable to attend but our service remains available, full charges will be due.

7.3 We are closed on the eight regular Bank Holidays: New Year’s Day, Good Friday, Easter Monday, Early May BH, Spring BH, Summer BH, Christmas Day and Boxing Day. We will not charge for the one or two of these which occur during term-time. However, any further Bank Holidays will be charged for. We are closed for four staff-training days per year. These take place at the beginning of each term. We charge for these days and no refunds are given for these closures. Staff training days support our team’s continuing professional development, which benefits the children and families.

7.4 VAT is not charged on nursery fees (nursery provision is an exempt supply for VAT purposes).

7.5 The quoted charges are per Child, per session for the Infant Community, and per non-funded hour at Clapham Montessori (including the 2-year old group) and Clapham Park Montessori.

7.6 Extra hours will be charged for at the current standard rates and must be requested and agreed to in advance.

7.7 The fees must be paid within 7 days of the date of an invoice issued by us.

7.8 All payments must normally be made by bank transfer or childcare vouchers. No payment shall be deemed to have been made until it is cleared into our bank account. If a payment fails, we may charge a reasonable administration fee.

7.9 We may increase our charges from time to time. We will give you written notice of any such increase at least one full term before the proposed date of increase.

7.10 Without restricting any other legal right that we may have, if you fail to pay us on time, we may:

7.10.1 Make an interest charge of up to 1.5% per month or part month on late payment. Unless otherwise notified to you in writing, interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us the interest together with the overdue amount. In addition, we will be entitled to recover from you the full amount of our administrative and other costs incurred in recovering any unpaid sum including legal costs and disbursements on an indemnity basis.

7.10.2 Suspend all Services until payment has been made in full, which will include the suspension of the child’s place, or even terminate the contract permanently in accordance with clause 18 below.

7.11 If you owe us any money, and make a claim against us, we may offset what you owe us against what you are claiming from us.

8. Reducing Sessions

You are required to give us one month’s written notice of a reduction in the number of sessions you require.

9. Funded Nursery Education

9.1 If you wish to take up your funded nursery education place you are required to complete and sign a Parent Declaration Form once per academic year, detailing how and when you will take up the funded sessions.

9.2 The government funding relates solely to the basic requirements of the EYFS.

9.3 A Montessori Supplement charge is added in respect of each funded hour. This charge enables us to remain sustainable and to provide high standards of authentic Montessori education.

10. Welfare of the Child

10.1 We will do all that is reasonable to safeguard and promote the Child’s welfare and to provide care to at least the standard required by law and often to a much higher standard.

10.2 We will respect the Child’s human rights and freedoms which must, however, be balanced with the lawful needs and rules of our nursery and the rights and freedoms of others.

10.3 You consent to such physical contact as may be lawful, accord with good practice, and be appropriate and proper for teaching and instruction and for providing comfort to a Child in distress, or to maintain safety and good order, or in connection with the Child’s health and welfare.

10.4 As regards behaviour support techniques and sanctions, please refer to our Promoting Positive Behaviour Policy. Please ask for a copy of it if necessary.

10.5 The nursery uses emergency procedures for accidents, evacuations, incidents and allergic reactions. Please refer to the individual policies and procedures and ask for a copy where required.

11. Health and Medical Matters

11.1 If the Child becomes ill during the nursery session a member of staff will contact you or the emergency contact indicated on the Enrolment form. You must inform us immediately of any changes to these contact details. If your child requires urgent medical attention while under our care, we will if practicable attempt to contact you and obtain your prior consent. However, should we be unable to contact you we shall be authorised to make the decision on your behalf should consent be required for urgent treatment recommended by a doctor (including anaesthetic or operation, or blood transfusion (unless you have previously notified us that you object to blood transfusions)).

11.2 If the Child is suffering from a communicable illness, he/she should not be brought to the nursery until such time as the infection has cleared. A full copy of our Illness and Infectious Diseases Policy is available on request.

11.3 You must notify the nursery if the Child is absent from the nursery through sickness.

11.4 If the Child is prescribed antibiotics, he/she will not be allowed to return to the nursery for 48 hours. If the illness is a communicable illness, then clause 11.2 shall also apply and the Child will be unable to attend the nursery until such time as the infection has cleared.

11.5 As regards medication, and the administration of it to a Child, please refer to the nursery’s Medication Policy. Please ask for a copy of it if necessary.

11.6 Please also see clause 6.1.2 on matters we need to be informed about.

12. Food / 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 a Child does not come into contact with certain foods, with support from parents and external professionals should the need arise.

13. 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 where necessary we may do so without your consent and/or without informing you.

14. Limitation of Liability

14.1 This clause sets out our (and our employees’, agents’, consultants’ and subcontractors’) liability to you in respect of the contract (including any breach of it, any statement we make to you about it, our termination of it).

14.2 All terms implied by law are, to the fullest extent permitted by law, excluded or deleted from the contract.

14.3 Nothing in these terms and conditions in any way limits our liability for fraud, or for death or personal injury resulting from negligence.

14.4 We shall not be liable for:

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

14.5 Subject always to clause 14.3, our total liability (in contract, tort including negligence or breach of statutory duty, or otherwise) shall be limited to the cumulative price paid by you for the Services over the course of the contract.

15. Data Protection

15.1 You agree that details of your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of us in connection with the Services.

15.2 We may take photographs and/or videos of your Child for promotional or training purposes and recording your Child’s development only. If you do not wish for your Child to be included in such photographs or videos, please inform us when completing the Image Consent form given to you on enrolment, or by writing to the nursery.

15.3 Any personal data related to You or your Child will be dealt with in accordance with our Privacy Notice, provided by us during the application process.

16. Security

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

17. Complaints and Concerns

Please address any complaint or concern to the key person or senior member of staff, in the first instance. If the matter is not resolved within a reasonable period, please refer it to the nursery manager. Please also refer to our Complaints Policy and Procedure which shall apply to any complaints received by us.

18. Termination for Breach of Contract, or Bankruptcy / Insolvency

18.1 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:

18.1.1 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; or

18.1.2 The other party commits a material breach of any of the terms of the contract and (if such a breach is capable of being remedied) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or

18.1.3 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 its debts or is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986.

18.2 On termination of the contract for any reason:

18.2.1 You shall immediately pay all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt.

18.2.2 Any clause in these terms and conditions which implicitly is intended to survive termination shall continue in force.

19. Events That Are Beyond Our Control

19.1 If any event beyond our reasonable control (e.g. a fire, flood, epidemic or pandemic outbreak, strike, civil action, act of terrorism, war etc.) occurs, for which we have business interruption insurance, we may close the nursery 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.

19.2 If the nursery is forced to close for reasons beyond the nursery’s control or if it is, in our reasonable opinion, necessary or in the interests of the Child to do so, we may close the nursery even though our business interruption insurance will not cover us for the closure. In these circumstances, we will charge a retainer of 40% of your termly fee to enable the nursery to hold your child’s place and cover unavoidable ongoing overheads during this time. For example, we may close because of severe weather conditions, outbreak of flu, swine flu, COVID-19, any epidemic or pandemic or other illnesses etc. Also, if the owner of the premises closes the premises and denies us access.

20. Invalid Clauses

If any part of the contract is found by any court or similar authority to be invalid, illegal or unenforceable, that part shall be struck out, but the rest of the contract shall apply.

21. Changes to These Terms and Conditions

21.1 We may change these terms and conditions where such a change arises from changes in regulations or legislation affecting us. In such circumstances, we will notify you as soon as is reasonably practicable.

21.2 We may change any other terms only with express written agreement from You.

22. No Other Terms

Each party acknowledges that, in entering into the contract, it has not relied on anything said or written that is not written in the contract. This applies unless fraud is established.

23. Assignment

The contract is personal to you. You shall not, without our written consent, transfer to anyone else any of your rights or obligations under the contract.

24. Rights of Third Parties

A person who is not a party to the contract shall not have any rights under or in connection with it.

25. Governing Law and Jurisdiction

The contract, and any dispute or claim arising out of it or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by the law of England. The courts of England shall have exclusive jurisdiction to settle any such dispute or claim.