1.1 In these terms and conditions:
1.1.1 “Curious Caterpillars” means the setting Managers and Area Manger of Curious Caterpillars Day Nursery, Downfield Road, Stroud, Gloucestershire, GL5 4HL, trading as the company Curious Caterpillars Day Nursery;
1.1.2 “Child” means the child named on the Nursery Registration Form;
1.1.3 “Parent/guardian” means the person or persons signing the Nursery registration Form as parent or guardian of the child (and where more than one person so signs, means those persons on a joint and several basis);
1.1.4 “Nursery” means the nursery operated by the Nursery Management.
1.1.5 “Nursery Registration Form” means Curious Caterpillars form with that title as completed by the parent/guardian;
1.1.6 “Fee Schedule” means the document describing the fees payable by the parent/guardian to Curious Caterpillars relating to the nursery as issued by Curious Caterpillars to the parent/guardian; and the
1.1.7 “Settle-in Details” means the document to be completed by the parent/guardian prior to child’s starting date providing various details about the nursery arrangements for the child.
1.2 These terms and conditions form part of the contract between Curious Caterpillars and the parent/guardian in relation to the place to be made available to the child at the nursery (the “contract”). The contract comprises these terms and conditions, the Nursery Registration Form, Settle-in Details and the Fee Schedule.
2 The Nursery Place
2.1 Curious Caterpillars will use its reasonable endeavours to accept the child into the nursery on the Preferred Start Date as detailed on the Nursery Registration Form. If the child cannot be accepted into the nursery on the Preferred Start Date, Curious Caterpillars will notify the parent/guardian of the actual start date, as far in advance of the Preferred Start Date as possible. The actual start date will not be before the Preferred Start Date.
2.2 If the actual start date is more than 28 days after the Preferred Start Date the parent/guardian will have the right to terminate the contract as set out in clause 8.4.
2.3 Following the actual start date, Curious Caterpillars will accept the child into the nursery during each session as detailed on the Nursery Registration Form.
2.4 Where a place is deferred from the agreed start date entered on the Registration Forms by the parent/guardian a retainer of 50% of the expected fees will be due from the agreed start date up to the new agreed start date. A deferral of up to 3 months is accepted, paying the retainer fee, after which the place will be terminated and the deposit will be used as compensation for loss of the reserved booking.
2.5 The nursery year runs from April 1st to March 31st. The nursery closes for all public and bank holidays, and between Christmas Eve and New Year as published by Curious Caterpillars in advance. The child will not be accepted into the nursery on the published closure days. The parent/guardian will pick up the child from nursery no later than the relevant session-end time detailed on the Nursery Registration Form. The parent/guardian will pay the late pick-up fees detailed on the Fee Schedule if it fails so to do.
2.6 Curious Caterpillars makes it a condition of accepting any child into the nursery that a minimum number of sessions are booked. The current minimum number of sessions is set out in the Fee Schedule.
3 The Forms
3.1 The parent/guardian guarantees that the information supplied by the parent/guardian on the Nursery Registration Form is true and complete, and that the information to be supplied on the Settle-in Details will be true and complete.
3.2 Should any information provided by the parent/guardian on the Nursery Registration Form or the Settle-in Details change at any time, the parent/guardian will immediately provide Curious Caterpillars with the up to date information in writing.
4.1 The deposit referred to on the Fee Schedule will be paid by the parent/guardian to Curious Caterpillars on the signature by the parent/guardian of the contract. That deposit will only be returnable as set out in these terms and conditions. The deposit is not deductible from other fees payable to Curious Caterpillars. The parent/guardian will not be entitled to any interest on the deposit, whether or not it is returned.
4.2 The deposit must not be paid by childcare vouchers as it cannot be refunded as per clause 5.8 under current tax laws.
4.3 A non-refundable registration fee is charged with the deposit as detailed in the Fee Schedule to cover induction sessions and administration, whether or not these have been attended.
4.4 Once a booking has been made the deposit is only refundable once the child has completed a minimum of 6 months with Curious Caterpillars. If the child has never attended and a parent/guardian no longer requires the sessions booked the deposit is non-returnable as the space has been reserved for the child.
5 Payments of Nursery Fees
5.1 On the first day of each calendar month (each a “due date”) the nursery fees as detailed on the Fee Schedule for the child’s scheduled attendance at the nursery for that month will be paid in advance by the parent/guardian to Curious Caterpillars. For the period from the signature by the parent/guardian of the contract to the last day of that calendar month, such nursery fees will be paid by the parent/guardian to Curious Caterpillars at the time of that signature (and that will be the due date).
5.2 At the end of each current month, Curious Caterpillars will produce an invoice to the
parent/guardian for the next monthly fees and any additional charges as detailed on the Fee Schedule (or as separately advised in advance) in relation to the child’s attendance at nursery, including any unscheduled additional sessions, the cost of any outings or special classes or sessions, and any late pickup charges. The due date for each invoice will be the 01 of each Month in advance.
5.3 Without prejudice to any other right or remedy that Curious Caterpillars may have, if any amounts due to Curious Caterpillars fail to be paid within 10 working days of their due date, Curious Caterpillars may charge interest on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of the Royal Bank of Scotland plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment.
5.4 If any fees or charges (including late payment charges) are outstanding for more than 10 working days from the relevant due date then Curious Caterpillars may terminate the contract in accordance with clause 8.7.
5.5 Curious Caterpillars reserves the right to increase the nursery fees (or any of them) at any time by giving one month’s written notice of the proposed increase and the revised Fee Schedule to the parent/guardian.
5.6 There shall be no pro-rata reduction of fees if during the period of the contract the child is (or is to be) withdrawn from the nursery or absent from the nursery for any period due to illness or holidays or for any other reason. Accordingly, where such circumstances are envisaged the parent/guardian is obliged to make the full and exact monthly payment in advance and there will be no obligation on Curious Caterpillars to repay fees paid in advance to the parent/guardian where such circumstances arise.
5.7 All parent/guardians have an obligation to pay the correct nursery fees. In the event of an overpayment this must be readjusted in the following month and before the child leaves the nursery as it will not be refunded.
5.8 Any overpayment of vouchers will not be refunded in accordance with UK tax laws.
5.9 Where there are siblings attending each account must be paid and treated separately for accounting purposes.
5.10 For the protection of the nursery staff and to avoid any doubt or loss of monies the nursery does not accept cash. The preferred payment is by bank transfer or standing order.
5.11 The preferred childcare voucher Companies are currently Kiddivouchers or Edenred.
5.12 Any discounts applied to fees can be expired and withdrawn at any time with one months written notice.
6.1 The policies of Curious Caterpillars from time to time in relation to the nursery will be available in the Nursery Office, and copies of such policies will be provided to the parent/guardian on the reasonable request of the parent/guardian.
6.2 Curious Caterpillars and the parent/guardian will each, in so far as relevant to them, comply with these policies.
6.3 Policies are reviewed and updated regularly and it is the parent/guardian’s responsibility to keep updated by checking the nursery policies handbook provided in each room.
7 Behaviour [Child and Adult]
7.1 If, in the reasonable opinion of Curious Caterpillars, it is considered that the continued presence of the child is detrimental to the health, safety or wellbeing of the child, or other children at the nursery, or the nursery practitioners or other staff employed or engaged at the nursery then:
7.1.1 Curious Caterpillars may require the parent/guardian to immediately collect the child from the nursery;
7.1.2 Curious Caterpillars will discuss its concerns with the parent/guardian;
7.1.3 Curious Caterpillars may refuse to accept the child into the nursery for a reasonable period (a “re-adjustment phase”) to be specified by Curious Caterpillars.
7.1.4 If following a re-adjustment phase the child is re-introduced into the nursery and in the reasonable opinion of Curious Caterpillars it is again considered that the continued presence of the child is detrimental to the health, safety or wellbeing of the child, or other children at the nursery, or the nursery practitioners or other staff employed or engaged at the nursery then Curious Caterpillars may in addition to its rights above terminate the contract in accordance with clause 8.8, if it considers, acting reasonably, that a further re-adjustment phase is inappropriate.
7.2 Notwithstanding clause 5.5, during any re-adjustment phase, no nursery fees will be payable by the parent/guardian, and any nursery fees paid in advance will be refunded pro rata by Curious Caterpillars.
7.3 Curious Caterpillars have a duty “so far as it is reasonably practical” to protect their staff from any type of abuse including verbal abuse. Any emotional [either written or verbal] or physical abuse from a parent/guardian will not be tolerated and will be dealt with accordingly. Exclusion from the setting may be required to further protect staff.
7.4 Once parents/guardians arrive on site they resume responsibility for their child and must ensure that they leave the setting safely. We do not accept liability for any child accidents that happen on or off site under the responsibility of their parent/guardian, where the parent/guardian is negligent in the care of their child.
8.1 Unless otherwise agreed between Curious Caterpillars and the parent/guardian, the contract will terminate on the “Finish Date” as detailed on the Nursery Registration Form. Following such a termination the deposit will be repaid by Curious Caterpillars to the parent/guardian, but the deposit may not be set-off by the parent/guardian against the nursery fees relating to the final month.
8.2 Either party may terminate the contract by the service of not less than eight weeks’ notice in writing to the other. During that period of notice Curious Caterpillars will continue to accept the child into the nursery (subject to the other terms of the contract) and the parent/guardian will pay all fees due by it in accordance with the contract. Following such a termination the deposit will be repaid by Curious Caterpillars to the parent/guardian, if they have completed 6 months at Curious Caterpillars, but the deposit may not be set-off by the parent/guardian against the nursery fees relating to the final month.
8.3 Children over the age of three who are receiving free nursery education grant funding [free for three and four year olds] must give a terms notice due to working out the fees for each term. Notice given towards the end of a term will still require eight weeks’ written notice.
8.4 If a parent/guardian wishes to amend sessions attended eight weeks’ notice is required to reduce sessions.
8.5 If the parent/guardian withdraws the child from the nursery (without giving at least eight weeks’ notice in writing to Curious Caterpillars) for any reason then, after no fewer than 28 days of continuous absence, Curious Caterpillars may terminate the contract by written notice to the parent/guardian. The deposit will not be refundable on such a termination and no nursery fees paid in advance will be refundable. Any outstanding monies will be payable in addition to the deposit, in accordance with clause 5.5.
8.6 If the parent/guardian has the right to terminate the contract in accordance with clause 2.2 (start date) it may do so by written notice to Curious Caterpillars. Following such a termination the deposit will be repaid by Curious Caterpillars to the parent/guardian, and any nursery fees paid in advance will be refunded by Curious Caterpillars.
8.7 If Curious Caterpillars has the right to terminate the contract in accordance with clause 5.3 (non-payment) it may do so by giving no less than 14 days notice in writing, unless prior to the expiry of that notice full payment is received. The deposit will not be refundable on such a termination and the outstanding monies will be payable in addition to it.
8.8 If Curious Caterpillars has the right to terminate the contract in accordance with clause 7.1.4 (behaviour) it may do so by written notice to the parent/guardian. Following such a termination the deposit will be repaid by Curious Caterpillars to the parent/guardian and any nursery fees paid in advance will be refunded pro rata by Curious Caterpillars.
8.9 Upon termination of the contract, howsoever arising, the child will cease forthwith to be accepted into the nursery.
9 Non-solicitation of nursery staff
9.1 During the term of the contract and for the period of six months following its termination (howsoever arising) the parent/guardian will not employ or otherwise engage, seek to employ or otherwise engage, entice away or attempt to entice away from the employment of Curious Caterpillars any person or persons who is or has been employed by Curious Caterpillars in connection with the nursery, unless in the latter case that person has ceased to be employed by Curious Caterpillars for a period of more than 6 months.
9.2 The parent/guardian shall indemnify Curious Caterpillars fully in respect of all and any costs, claims, damages and expenses incurred by or made against Curious Caterpillars as a result of any breach of clause 9.1, including the costs and expenses reasonably and properly incurred by Curious Caterpillars in replacing any member of staff engaged, employed or enticed away in breach of that clause such as agency fees, advertising costs, and the cost of Curious Caterpillars management time in interviewing candidates. The parent/guardian will also be liable for any loss of fees where the child leaves the nursery to be looked after by the solicitation of staff under clause 9.1.
9.3 Staff members must not be approached during working hours for babysitting duties. A list of available staff who wishes to babysit is located in the office. Without any exception all arrangements between staff and the parent/guardian is purely separate to the operation of the business and Curious Caterpillars will not be held liable for this arrangement or anything that may happen during this private agreement.
9.4 Under no circumstances must staff ever carry a child in their car. They will not be able to pick up or bring a child to nursery if asked to do so for insurance restrictions and the safety of the child.
10 Limitations on Liability
10.1 If Curious Caterpillars is affected by an event beyond its reasonable control (such as, without limitation, fire, severe weather conditions or flood) which prevents it from performing its obligations under the contract it will notify the parent/guardian, but Curious Caterpillars will not be liable for any failure or delay directly caused by that event. During any period where due to such an event the child cannot be accepted into the nursery, all nursery fees will be payable in full by the parent/guardian, and any fees paid in advance will not be refunded pro rata by Curious Caterpillars.
10.2 Curious Caterpillars shall not be liable to the parent/guardian for the loss of or damage to any property left with or worn by the child, save in the case of Curious Caterpillars’ negligence, in which case Curious Caterpillars’ liability shall be limited, in so far as permitted by law, to £50 in aggregate per event.
10.3 To protect children’s belongings Curious Caterpillars request that they do not bring in money, valuable items or toys [other than comforters] with them, to avoid upset for the child and their parent/guardian. Curious Caterpillars will not be held liable for the loss or damage of such items brought in.
10.4 In relation to clause 9.3 Curious Caterpillars does not offer a babysitting service and therefore acceptance of these terms and conditions constitutes your acknowledgement and agreement that we have nothing whatsoever to do with any private arrangements made between parent/guardians and staff members of Curious Caterpillars and will not be held liable for such arrangements or their outcomes.
11.1 The parent/guardian may not assign or otherwise transfer the contract.
11.2 Other than as expressly provided for herein, no variation of the contract will be valid unless it is in writing and made between a duly authorised representative of Curious Caterpillars and the parent/guardian.
11.3 Any delay by a party in exercising a right under the contract will not constitute or be deemed to be or a waiver of that right.
11.4 The contract constitutes the entire agreement between the parties in respect of its subject matter, and supersedes all previous agreements and understandings in that respect.
11.5 All notices under the contract served must be in writing and posted to the address of the relevant party as specified in the contract and, in the case of notices served by the parent/guardian, marked for the attention of “the Nursery Manager”.
11.6 If there are two persons named as parent/guardian on the Nursery Registration Form:-
11.6.1 a notice served by Curious Caterpillars shall be valid if served on either or both of them;
11.6.2 a contract variation shall be valid if agreed between Curious Caterpillars and either or
both of them.
11.7 The headings in these terms and conditions are inserted only for convenience and shall not affect their construction.
11.8 Where the contract expressly provides that nursery fees paid in advance are to be refunded “pro rata”, the factors shall be the number of sessions paid for, and the number of those sessions where the child has not attended or will not attend the nursery as a result of the event leading to the fees being refundable.
11.9 Curious Caterpillars have a legal obligation to disclose certain financial information with HMRC [i.e. tax credits], in the event of an investigation and also
11.10 information may be shared where it is necessary to protect a child under child protection laws and
11.11 information may be shared with other professionals in the best interests of the learning and development of the child.
11.12 In the event of any provision of the contract being found by a court with jurisdiction to be void or unenforceable in full or in part, then that provision or part of it shall be removed, but the remainder of the contract shall remain in full force and effect.
11.13 The contract shall be governed by and construed in accordance with the law of England and the parties submit to the exclusive jurisdiction of the English courts.
N.B Please note that if you need this document to be translated or provided in larger font please inform the Nursery Manager who will arrange this.