1.1 An offer of a place for your Child at the Nursery is accepted by completing and returning the Acceptance Form and paying the Registration Fee at the current rate.

1.2 The Registration Fee must accompany the Registration Form in order for your Child to be assessed for a place at the Nursery.

1.3 The Registration Fee is Non refundable apart from parents that applied during the promotional period.

2.1 Invoices for Nursery Fees are payable on the first day of each month in advance, in the event of the first day falling at a weekend, the fees will be payable on the Monday following the weekend.

2.2 Fees are calculated by the amount of sessions taken up per month by your child(ren). The monthly fee includes any bank holidays during the month.

2.3 Parents / Legal Guardians are liable for the whole of the Nursery Fees due and any other charges in respect of the Child.

2.4 All payments made under this agreement must be by cheque or cash. If payment is made other than cash it is your responsibility to obtain a receipt from the Nursery as proof of payment.

2.5 The Nursery reserves the right to refuse to allow your Child to attend the Nursery and / or take such action as is deemed appropriate while any part of the Nursery Fees and / or extra charges remain unpaid.

2.6 The payment Terms and Conditions are intended to safeguard the Nursery against the consequences of the default of others. As such, and without prejudice to the Nursery’s legal rights:

2.6.1 The Nursery reserves the right to make late payment charges composed of;

2.6.2 You agree that the Nursery will be able to recover any costs incurred in the recovery of late or unpaid Nursery Fees. Such costs will include, but not be limited to, Legal fees, court fees.

2.6.3 Cheques delivered at any time after the first Monday of a new month will be presented as soon as practical but will not be considered as payment until cleared. Any sum tendered that is less than the sum due and owing may be accepted by the Nursery as a payment on account only.

2.6.4 Nursery Fees and any other extra charges will not be reduced as a result of absence due to illness or otherwise (for example, weeks being shortened due to Public holidays or any absence taken on your behalf). Any holiday or absence taken can not be refunded.

2.6.5 Missed days can not be issued another in replacement as every day has a certain number of staff allocated for a specific number of children. However, additional attendances if notified before are welcome; payment by cheque will be needed upon arrival or on the day.

2.6.6 Parents / Legal Guardians are required to correctly complete the appropriate Voucher scheme documentation in respect of their Child and to provide the appropriate authorisation to the relevant body which ensures payment by the first day of each month in advance of monies due to Merry Woods Bilingual Day Care Nursery & Pre-school.

3.1 One month’s notice in writing must be given of your intention to decrease the number of hours your child is attending the Nursery or to withdraw your child from the nursery. If notice of less than one month is given, a month’s Nursery Fees in lieu will be immediately due and payable as a debt (whether or not the place can be or is filled) and interest and any other charges may be charged if the debt is not paid in accordance with the Nursery’s payment terms.

3.2 The purpose of the above rule is to ensure that the Nursery has sufficient notice with which to plan resource and fee levels.

4.1 Provide the agreed childcare facilities for your child at the agreed times (subject to any days when the nursery is closed). If we change the opening hours we will give you as much notice as possible and, if necessary, work with you to agree a change to your child’s hours at the nursery.

4.2 Try and accommodate any requests you make for any additional sessions and/or extended hours of childcare at the nursery.

4.3 Provide you with regular updates as to your child’s progress on request.

4.4 Notify you as soon as possible of any days on which the Nursery is closed.

4.5 While your Child is in attendance, the Nursery will exercise reasonable skill and care in respect of your Child’s welfare and education. This obligation however will only apply during Nursery hours.

4.6 If in the reasonable opinion of the Nursery your Child requires urgent medical treatment while under the Nursery’s care, the Nursery will if practical attempt to obtain your prior consent. However should the Nursery for any reason is unable to contact you then the Nursery will be authorised to make a decision on your behalf should consent be required for urgent treatment as recommended by a doctor (including but not limited to anaesthetic or operation).

4.7 The Nursery does not, unless negligent, accept responsibility personal injury or loss of property in respect of your child. The Nursery undertakes to maintain those insurances which are prescribed by law. All other insurances deemed necessary or appropriate for your Child are your responsibility for example (but not limited to) any necessary health insurance and insurance in respect of your Child’s personal property whilst at the Nursery. We draw your attention that the Nursery is not the Parent’s / Legal Guardian’s agent for purpose related to insurance.

5.1 Complete and return to us our standard health and safety record before your child can start at our Nursery and immediately inform us of any change to the information provided in that health record.

5.2 Complete a medical consent form if you require our staff to administer any medicines to your child (whether they are prescribed or over the counter medicines.) If you have any cause for concern as to matter of safety, care, discipline progress of your Child or otherwise you must inform the Nursery without delay.

5.3 You undertake to notify the Nursery of (for example but not limited to) any medical or educational situations where special arrangements may be needed to your Child. For the avoidance of doubt this obligation extends to informing the Nursery about any health/medical condition, disability / allergy that your Child has or develops whether long or short term including any infection(s). For the benefit of all other children attending the nursery, you must not allow your child to attend the nursery if they are suffering from any contagious disease / illness, which could easily be passed on to another child during normal daily activities of the nursery.

5.4 The Proprietor of the Nursery needs to be aware of any matters that are relevant to your Child’s security and safety. The Proprietor must, for example be notified in writing of any Court orders or situations of risk in relation to your Child for whom any special safety precautions may be needed. The Nursery makes no representation that it can not provide any such safety precaution, nor does it place itself under any obligations to do so. However, the Nursery will take all steps that could reasonably be expected of it in the circumstances known to the Nursery.

5.5 Immediately inform us of any changes to your contact details.

5.6 Keep us informed as to the identity of the persons who will be collecting your child from the Nursery. If the person collecting your child is not usually responsible for collecting them we will require proof of identity. If we are not reasonably satisfied that an individual is allowed to collect your child, we will not release your child into their care.

5.7 The Proprietor of the Nursery must be notified immediately in writing by Parents / Legal Guardians if a Child will be residing other than with a person who has parental responsibilities (such details should be supplied to the Nursery).

5.8 In any circumstances when it is possible that you will be absent from your Child’s home for a 24 hour period or longer, the Nursery requires, in writing the name, address and 24 hour contact telephone for the adult to whom you have delegated parental responsibility.

5.9 Inform us if your child is the subject of a court order and provide us with a copy of such order on request.

5.10 Immediately inform us if you are unable to collect your child from the Nursery by the official collection time.

6.1 We may suspend the provision of childcare to your child, and add on 1 month’s notice, at any time if:

6.1.1 You have failed to pay your fees, as outlined in Clause 2 above;

6.1.2 Your child’s behaviour at the nursery is deemed by us to be unacceptable or endangers the safety and well being of the other children at the Nursery. The suspension will continue whilst we try and address these problems with you.

6.1.3 If the period of suspension exceeds 1 month, either of us may terminate this Agreement by written notice.

7.1 We may immediately end this Agreement if:

7.1.1 You have failed to pay your fees;

7.1.2 You have breached any of your obligations under this Agreement and you have not or cannot put right this breach within a reasonable period of time of asking you to;

7.1.3 You behave unacceptably, as we will not tolerate any physical or verbal abuse towards the staff or management;

7.1.4 Your child’s behaviour at the nursery is deemed by us to be unacceptable or endangers the safety and well being of the other children at the Nursery.

7.1.5 We take the decision to close the Nursery; we will give you as much notice as possible of such a decision.

7.2 You may immediately end this Agreement if:

7.2.1 We have breached any of our obligations under this Agreement and we have not or cannot put right that breach within a reasonable period after you have drawn it to our attention.

7.2.2 We suffer any event of insolvency.

8.1 The Nursery reserves the right to transfer the undertaking of the Nursery to any other natural or legal person and to assign the benefit of this contract in connection with any such transfer and / or to amalgamate with any other Nursery.

9.1 If, during this Agreement and for a period of 6 months after the termination of this Agreement, you (directly or indirectly):

9.1.1 Employ or otherwise engage the services of a member of staff who has had contact with your child under this Agreement in the last 6 months or:

9.1.2 Allow or permit the provision of any childcare services to your child(ren) by any member of our staff who has had contact with your child under this Agreement in the last 6 months. Then you shall pay to us a figure representing 20% of the relevant member of staff’s gross annual salary at the time they left our employment and /or services. This figure represents the costs to us of recruiting a suitable replacement member of staff.

10.1 We have 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 with or without informing you.

10.2 If the Nursery has to close, we shall be under no obligation to provide alternative childcare facilities to you. If the closure exceeds 3 days in duration (excluding any days when the Nursery would otherwise be closed), we will credit you with an amount that represents the number of days the nursery is closed in excess of 3 days.

10.3 If you have any concerns regarding the services we provide, please discuss this with the Nursery’s management.

10.4 We carry a wide range of toys and equipment at the Nursery. Unless we specifically request otherwise you child should not bring any of their toys to the nursery. If your child does insist on bringing their toy, we accept no responsibility for any loss or damage to those toys.

10.5 From time to time we may have taken photographs taken of child. These photographs may on occasions be used for promotional purposes. If you do not wish your child to be included in these photographs, you should write t the Nursery’s owner.

11.1 All notices to be given under the Agreement must be given in writing.

11.2 You undertake to notify the Nursery of any change of address of any person who has signed the Registration Form or become responsible for your Child.

11.3 Communications (including notices) will be sent by the Nursery to the address shown in its records.

11.4 The Nursery will be entitled (unless notified in writing otherwise) to treat any communication from any person who signed the Registration Form as having been given on behalf of both / all.

11.5 Notices that you are required to give under the Agreement must be addressed to the Proprietor of the Nursery and sent to the Nursery’s address. If sent by first class post, notice shall be deemed to have been given on the second day of posting.

11.6 In relation to Data Protection, The Nursery considers that it is reasonable for it to collect and store relevant information concerning your Child and you are deemed to consent to this.

12.1 In this agreement, “force majeure” shall mean any cause beyond a party’s control (including for the avoidance of doubt strikes, other industrial disputes, act of God, war, riot, civil commotion, compliance with any law or government order, rule, regulation or direction (including that of a local authority), accident, fire, flood, severe weather conditions, storm, pandemic or epidemic of any disease, terrorist attack, chemical or biological contamination).

12.2 In the event of force majeure arising which prevents or delays the Nursery’s performance of any of its obligations under this agreement, the Nursery shall forthwith give you notice by phoning, by email, or in writing specifying the nature and extent of the circumstances giving rise to the force majeure. Provided the Nursery has acted reasonably and prudently to prevent and minimise the effect of the force majeure, the Nursery will have no liability in respect of the performance of such of its obligations as are prevented by the force majeure while it continues. The Nursery shall use its best endeavours during the continuance of the force majeure to provide nursery and educational services if possible.

12.3 If the Nursery is prevented from performing its obligations for a continuous period greater than two months, the Nursery shall notify you of the steps it shall take to ensure the performance of the agreement.

13.1 Headings are for ease of understanding only and do not form part of the Terms and Conditions.

13.2 Failure by the Nursery to exercise or enforce any right conferred by the Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of such right or of any other right on any occasion.

13.3 If any part, term or provision of the Agreement be held illegal or unenforceable, the validity or enforceability of the remainder of the Agreement shall not be affected.

Signed by parent/carer……………………………………………  Date………………………

Signed by Livier Radford in behalf of Merry Wood Bilingual Day Care Nursery & Pre-school.

Signed………………………………………………………………………  Date…………………………