Terms & Conditions

TOWNLEY HOUSE NURSERY

Parent Contract

Terms & Conditions

Provider: Townley House Nursery Limited, trading as Townley House Nursery

Company number: [insert company number] Ofsted URN: [insert URN]

Registered office: [insert registered office address, including postcode]

Setting address: Wesley Street, Bamber Bridge, Preston, PR5 6ED

Contact: [email protected] 01772 628448

Version: 1.0 Date: [insert issue date] Review date: [insert annual review date]

Please read these terms carefully before accepting a place. They form a legally binding contract between you and us. By accepting a place and/or signing the acceptance section, you confirm that you have read, understood and agree to these terms. A copy is provided to you, and the current version is available at any time from the nursery manager and on our parent management system.

Important: This is a contract for childcare services. We recommend you keep a copy for your records.

About this contract

This contract governs the basis on which Townley House Nursery Limited (referred to in this document as “we”, “our” or “us”) agrees to provide childcare services to the parent(s) or guardian(s) of the child named in Part A (referred to as “you”).

Only a parent or guardian with parental responsibility for a child may register that child for a place with us. As part of registration we will ask to see the child’s birth certificate or other relevant documentation to confirm parental responsibility.

Most of the information we need from you – including your registration details, your child’s medical information, dietary requirements and allergies, emergency contacts, the list of people authorised to collect your child, and your consents and permissions – is collected and kept up to date by you directly on our secure parent management system, Nursery in a Box and the Parent Admin app. It is your responsibility to keep this information accurate and up to date by informing us of any changes. This contract should be read alongside our Parent Induction Pack and the policies referred to in it.

The contract is made up of two parts. Part A sets out the particulars of your child’s place (the “commercial details”). Part B sets out the full terms and conditions that apply. Where there is any conflict between Part A and Part B, Part B applies unless Part A expressly says otherwise.

Part A – Your child’s place

To be completed for each child. The registration form on our parent management system forms part of this contract.

Child’s full name	[child’s name]
Date of birth	[DOB]
Agreed start date	[start date]
Agreed days / sessions of attendance	[e.g. Mon–Fri, full day / am / pm – as recorded on the management system]
Current fees	Charged sessional payable in advance by the 1st day of the month to which they relate
Deposit / registration fee	£50 non-refundable enrolment fee
Charge for late collection	£15 for the first 15 minutes (or part thereof), then £10 for each further 15 minutes after that.
Notice to end this contract	One calendar month’s written notice (by either you or us)
Funded hours (if applicable)	Funding type and 11-digit code, if any
Consent to call an ambulance / emergency treatment in an emergency	Recorded by you on the parent management system: Yes / No

By signing below (or by actively accepting these terms on our parent management system) you confirm that you have read and understood Part A and Part B and agree to be bound by them.

Parent / carer 1 name: ________________________________________________

Parent / carer 1 signature: ________________________________________________

Parent / carer 2 name: ________________________________________________

Parent / carer 2 signature: ________________________________________________

Date: ________________________________________________

For parent(s)/guardian(s) under the age of 18, a guarantor aged over 18 must also sign. The contract is then between Townley House Nursery Limited, you and the guarantor.

Guarantor name (if applicable): ________________________________________________

Guarantor signature: ________________________________________________

Signed for and on behalf of Townley House Nursery Limited: ____________________________

Position: ________________________________________

Part B – Terms and conditions

1. Definitions

“Child” means the child or children named in Part A.

“You” means the parent(s) or guardian(s) who purchase the Services from us.

“Services” means the daycare nursery services provided on the days or sessions set out in Part A (excluding bank and public holidays and our published closure dates), together with any other services we agree to provide.

“Management system” means our secure parent record and communication systems, currently Nursery in a Box and the Parent Admin app, through which registration, consents and your child’s records are managed.

A reference to “writing” or “written” includes email and secure messages sent through the management system. Any requirement not to do something includes an obligation not to allow it to be done.

2. Formation of the contract

A contract is formed between you and us once (a) you have completed and submitted a registration form on the management system, (b) you have paid the deposit / registration fee set out in Part A, and (c) we have confirmed in writing that your application for a place has been successful. You must confirm within one week of our offer that you still wish to take up the place, failing which the offer may be withdrawn.

Settling-in period. Your child’s place is confirmed on a provisional basis pending successful completion of an agreed settling-in period of two weeks. During this time we will work with you to assess whether our setting is able to meet your child’s individual needs. We will confirm the outcome to you in writing within 5 days of the settling-in period ending. Any decision not to proceed with the place will be made in your child’s best interests, will follow full consideration of reasonable adjustments in line with the Equality Act 2010, and will be given to you in writing with reasons. If, following the settling-in period, we determine that the place cannot proceed, your registration deposit will be refunded in full. You will remain liable for the sessions your child has already attended, charged at our standard session rate. No further fees, notice period, or additional charges will apply.

These terms govern the contract. No other terms apply unless they are contained in a handbook or policy issued by us, or in a document signed by both you and us. If there is any uncertainty about which terms apply, these terms apply.

3. Duration and notice

This contract continues until ended by either you or us giving the other at least one full calendar month’s notice in writing, or until it is ended immediately under clause 18. To end the contract you should complete our “Notification of Leaving Date” form, available from the nursery manager or the management system.

You remain liable for the fees during the notice period, whether or not your child attends. If you do not give the required notice, you will be responsible for one month’s fees in lieu of notice and may forfeit your registration fee.

4. Our obligations

We will use all reasonable efforts to provide the Services to you in accordance with these terms. We will:

• provide the agreed childcare for your child at the agreed times, subject to our closure dates;
• deliver care that meets the requirements of the Early Years Foundation Stage (EYFS) statutory framework and our registration with Ofsted;
• treat your child with respect and dignity, and never use or threaten any punishment that could adversely affect a child’s wellbeing;
• safeguard and promote the welfare of children in our care in line with our Safeguarding policy and our legal duties;
• maintain appropriate insurance to cover our childcare activities;
• provide you with regular updates on your child’s progress and agree times to discuss this with you; and
• handle your and your child’s personal data in accordance with the UK GDPR and the Data Protection Act 2018 and our Privacy Notice.

We welcome children and staff from all backgrounds. We will do all that is reasonable to comply with our duties under the Equality Act 2010 and the SEND Code of Practice and to make reasonable adjustments so that we can meet the needs of children with disabilities or additional needs. If, after appropriate and reasonable analysis, we determine that we cannot make reasonable adjustments sufficient to meet a child’s needs, clause 18 applies and we may ask you to withdraw the child without charging fees in lieu of notice.

If we need to change our opening hours, we will give you as much notice as possible and, where necessary, work with you to agree a change to your child’s hours.

5. Your obligations

You shall:

• co-operate with us and complete all registration requirements before your child starts;
• provide accurate information and keep it up to date on the management system by informing us of changes, including any medical condition, allergy, intolerance or diagnosed dietary requirement; any prescribed medication; any missing routine vaccinations; any court order or family circumstances affecting the child; any safeguarding concerns; and your contact details and those of the people authorised to collect your child;
• tell us immediately of any change to the information you have given us;
• inform us as far in advance as possible of any days your child will not attend;
• tell us if your child is the subject of a court order and provide a copy on request; and
• make yourself available, at mutually agreed times, to discuss your child’s progress or any matter relating to their place.

If our performance of this contract is prevented or delayed by anything you do or fail to do, we are not liable for the resulting failure or delay.

You shall not employ, or attempt to employ, any member of our staff, or induce any member of our staff to leave, without our written consent, for the duration of this contract and for six months after it ends.

6. Fees and payment

You shall pay the fees set out in Part A. Fees are payable monthly in advance and must be paid no later than the 1st day of the month to which they relate. Invoices are issued in advance (on or around the 20th of the preceding month) through the management system.

No VAT is charged on nursery fees, as nursery provision is an exempt supply for VAT purposes.

Our published closure dates (bank holidays and a week at Christmas) are taken into account when calculating your fees and are payable. If your child is absent – for example through holiday or sickness – fees remain payable and we do not give days in lieu, because your child’s place and our staffing are held for you. This clause applies only where the Service remains available to you; it does not apply where we are unable to provide the Service (see clause 16).

Our preferred payment method is through our management system, either by Direct Debit mandate or Tax-Free Childcare, we also accept bank transfers. We may agree to payment by another method in advance; if you pay by cash it is your responsibility to obtain a receipt as proof of payment. No payment is treated as made until it has cleared into our account.

Additional sessions or extended hours, if available, must be booked and paid for in advance and will be charged at our current rate by separate invoice.

We may review and increase our fees once per year. We will give you at least one month’s written notice of any increase. If you do not wish to pay the revised fee you may end the contract by giving one month’s notice under clause 3.

If you do not pay on time, without affecting any other right we have, we may:

• charge interest on overdue amounts at 3% per year above the Bank of England base rate from time to time, accruing daily from the due date until payment, and recover our reasonable costs of recovering the debt; and
• suspend the Services (including your child’s place) until payment is made in full, or end the contract under clause 18.

If you owe us money and also make a claim against us, we may set off what you owe against what you claim.

7. Deposit and registration fee

On accepting a place you pay the deposit and non-refundable enrolment / registration fee set out in Part A. The deposit is deducted from your first month’s fees. The deposit and/or registration fee may be forfeited if you do not give proper notice under clause 3, or if you do not take up a confirmed place.

8. Late collection of your child

You must collect your child by the end of their agreed session. If you cannot, you must tell us immediately and arrange for another authorised person to collect your child as soon as possible.

Because late collection requires us to retain staff and incur additional cost, a late collection charge applies as set out in Part A £15 for the first 15 minutes (or part thereof), then £10 for each further 15 minutes. This charge is a genuine estimate of our additional costs and is invoiced separately. Persistent late collection may be treated as a breach of this contract.

9. Reducing sessions

If you wish to reduce the number of sessions your child attends, you must give us one calendar month’s written notice. If you do not give sufficient notice, you remain responsible for the fees for the existing sessions for one month from the date of notice.

10. Government-funded entitlements

If your child is eligible for funded early education (for example the entitlements available through the Government’s Best Start in Life schemes), we will not charge for the funded hours set out in your parent declaration. You must complete and sign a parent declaration each term (and reconfirm your eligibility code with HMRC every three months where required) for funding to be applied.

We may make a reasonable, clearly itemised charge for items not covered by the funding – for example meals, consumables (such as nappies and wipes), and additional activities or sessions – and for any hours taken above your funded entitlement. Details of our funded-hours model and any associated charges are set out in our Parent Induction Pack.

11. Welfare of the child

We will do all that is reasonable to safeguard and promote your child’s welfare and to provide care to at least the standard required by law. We will respect your child’s rights, balanced against the lawful needs of the nursery and the rights of others.

You consent to such physical contact as is lawful, appropriate and in line with good practice – for example to comfort a child in distress, to maintain safety and good order, or in connection with the child’s health, welfare and care (including nappy changing and intimate care).

Arrangements for nappies, formula and breast milk, behaviour support, and emergency procedures are set out in our Parent Induction Pack and the relevant policies, copies of which are available on request.

12. Health and medical matters

If your child becomes unwell during a session, we will contact you or your emergency contacts. You must keep these details up to date on the management system.

If your child needs urgent medical attention while in our care, we will, if practicable, try to contact you first to obtain your consent. If we cannot reach you, you authorise us to take any action reasonably necessary on your behalf, including calling an ambulance and consenting to urgent treatment recommended by a medical practitioner (including anaesthetic, operation or, unless you have told us in writing that you object, blood transfusion), in line with the consent you record in Part A and on the management system.

You must tell us immediately if your child has, or is suspected of having, a contagious or notifiable disease, and you must not send your child to nursery while they are contagious and pose a risk to others. Minimum exclusion periods are set out in our Parent Induction Pack. We may refuse to admit your child, or ask you to collect them, if they are unwell, in line with our Sickness policy.

You must tell us if your child will be absent through sickness. In line with our safeguarding duties under the EYFS, if your child is expected and does not arrive without explanation we will attempt to contact you and your emergency contacts and will follow our safeguarding procedures if we cannot confirm your child’s whereabouts. Where a child is absent for a prolonged period we may review the place in line with our policies.

13. Food and dietary requirements

We are a nut-free setting. While we make every effort to keep allergens separate and design a nut-free menu, we cannot guarantee that the nursery is allergen-free or nut-free, as cross-contamination cannot be ruled out. A risk assessment and individual care plan is put in place for any child with a known allergy, agreed with you before your child starts.

Where you provide your child’s own food (for example because of an allergy or intolerance), it must be clearly labelled, sealed and brought in a suitable cool bag each day, with cutlery and plates as needed. Arrangements and any associated fee reduction are set out in our Parent Induction Pack and Food Allergy/Intolerance Agreement. We will not heat up packed lunches for after-school or holiday-club children.

14. Photographs and video

As part of everyday practice we take photographs and short videos of children to record learning and development. These are stored securely within our management system and used for your child’s learning journal, individual records and displays within the setting while your child is with us.

We will only use images of your child for promotional, marketing or training purposes (for example our website or social media) with your separate, specific consent, which you give or withdraw at any time on the management system. Withholding marketing consent will never affect your child’s place or care.

15. Security and collection

Parents are welcome to visit, but we will not admit anyone without prior notification. It is your responsibility to keep us informed, through the management system, of who is authorised to collect your child. We will not release your child to anyone who has not been authorised. If someone other than the usual person is to collect your child, we require advance notice and a password or agreed identification. If we are not reasonably satisfied that the person is who we expect, we will not release your child until we have checked with you.

16. Events beyond our control (including closure)

If an event beyond our reasonable control occurs – for example fire, flood, an epidemic or pandemic, severe weather, civil emergency, loss of premises, or an act of a public authority – the following applies. We will keep you informed throughout.

(a) Where the closure is covered by our business interruption insurance, we may close the nursery without liability to you and we will not charge you fees for the period of closure.

(b) Where the closure is necessary or, in our reasonable opinion, in the interests of children, but is not covered by our insurance, we may close the nursery and charge a retainer of [X]% of your normal fee to hold your child’s place and meet unavoidable ongoing costs during the closure.

This clause reflects the position that you should not be charged the full fee for services we are genuinely unable to provide. We will act reasonably and in line with current guidance for the early years sector. Where appropriate, we may instead agree alternative arrangements with you in writing.

17. Suspension of the place

We may suspend your child’s place (meaning your child is temporarily unable to attend) where:

• you have failed to pay fees that are due (see clause 6); or
• your child’s behaviour is reasonably judged by us to endanger the safety or wellbeing of your child, other children, or adults, while we work with you and, where appropriate, the local authority and other agencies to address it, in line with our Behaviour policy.

We do not exclude children on the grounds of behaviour as a matter of routine, and we work in partnership with you and external agencies to support every child. If the suspension for non-payment exceeds one month, either of us may end the contract on written notice. If your child is suspended part-way through a month, we will credit you on a pro-rata basis for fees already paid for the remaining part of that month; this may be set off against sums you owe us.

18. Ending the contract immediately (breach, insolvency, other)

Without affecting any other right, either party may end this contract immediately by written notice if the other:

• fails to pay any amount due and remains in default for 10 days or more after being asked in writing; or
• commits a material breach which, if capable of remedy, is not put right within 30 days of written notice; or
• becomes, or is deemed, unable to pay its debts, or is subject to insolvency proceedings.

In addition, we may end this contract immediately if you behave unacceptably towards our staff or children – we do not tolerate any physical or verbal abuse or threats. We may also end this contract if it becomes clear, after reasonable adjustments, that we cannot meet your child’s needs (clause 4), or if we take the decision to close, in which case we will give you as much notice as reasonably possible. You may end this contract if we materially breach it and fail to put it right within a reasonable period after you tell us.

On ending for any reason, you must immediately pay all outstanding invoices and interest (and we may invoice for Services provided but not yet billed), and any clause intended to survive termination continues to apply.

19. Limitation of liability

This clause sets out our entire liability (including that of our staff, agents and subcontractors) under or in connection with this contract.

Nothing in these terms limits or excludes our liability for fraud, or for death or personal injury caused by our negligence, or any other liability that cannot lawfully be limited or excluded.

Subject to that, to the fullest extent permitted by law:

• all terms implied by law are excluded;
• we are not liable for loss of or damage to any toys, equipment, bags, clothing or other property you bring to the nursery, or for loss of or damage to property or vehicles outside the premises or in any car parking area, except to the extent caused by our negligence or breach of duty;
• we are not liable for loss of profit, or for any indirect or consequential loss; and
• our total liability in contract, tort (including negligence), breach of statutory duty or otherwise is limited to the total fees paid by you to us under this contract.

20. Data protection and information sharing

We process your and your child’s personal data in accordance with the UK GDPR, the Data Protection Act 2018 and our Privacy Notice (available at registration and on request). This includes processing carried out for us by the providers of our management system, who act as our processors under appropriate agreements.

We have a legal duty to safeguard and promote children’s welfare. We will treat the information you provide as confidential. However, we may share information with relevant professionals, agencies or authorities – including local authority children’s services, health professionals, the police and other safeguarding agencies – without your consent where we reasonably believe a child is at risk of harm or where we are required to do so by law. We have an obligation to report any suspicion of neglect or abuse and, where necessary, may do so without your consent and without informing you.

Where you owe us fees, we may submit details of your name, address and payment record to a credit reference or debt recovery agency.

21. Complaints

If you have any concern, please raise it first with your child’s key person, then with the nursery manager. Concerns and complaints are dealt with under our Making a Complaint policy. If a matter cannot be resolved, you may contact Ofsted.

22. General

Changes to these terms. We may change these terms where the change arises from a change in law, regulation or statutory guidance affecting us. Any other change will be made only by written agreement between you and us. We review this contract annually.

Entire agreement. This contract contains the full agreement between us and supersedes all prior arrangements, written or oral, relating to its subject matter, except where we vary terms as permitted above. Neither party has relied on any statement not set out in this contract (this does not apply in the case of fraud).

Assignment. This contract is personal to you. You may not transfer your rights or obligations under it without our written consent.

Third parties. A person who is not a party to this contract has no rights under it.

Severability. If any part of this contract is found to be invalid or unenforceable, that part is removed and the rest continues to apply.

Governing law. This contract, and any dispute arising out of it (including non-contractual disputes), is governed by the law of England, and the courts of England have exclusive jurisdiction.

Acceptance. Acceptance of a place, and/or signing Part A or accepting these terms on the management system, is treated as your acceptance of these terms and conditions.