Maggie & Rose Nursery Terms and Conditions

Acceptance and Registration Fee

Offer and Acceptance

An offer of a place at the Nursery is accepted when a completed Application Form together with the non-refundable Deposit and/or Registration Fee has been received by the Nursery and the Nursery has confirmed the Child’s place. The Application Form and these Terms and Conditions (as amended from time to time) form the terms of a contract between you and the Nursery.

Withdrawal

If You wish to withdraw your Child after submitting your Application Form and paying the Deposit and/or Registration Fee but before the Child starts at the Nursery, your deposit is non-refundable. Your deposit secures your space for the days requested on your application form. Should you wish to change sessions you are required to follow standard Terms and Conditions for pattern changing. Your space will be confirmed and settles will be booked 6 weeks prior to your child’s first day. If you decide not to take your nursery space after confirmation of your settling in sessions and start date you will be liable for Fees. In addition to the deposit being non-refundable the Fee applicable for the month immediately preceding the month when the Child was due to start will be owed to the Nursery. The sessions will be billed and if not paid the Fees due to the Nursery will become a debt.

Processing of Registration Fee

To reserve a place in the Nursery we require a non-refundable Registration Fee. The Registration Fee is non-refundable. Registering will add you to our nursery waitlist. Your Child’s space will not be confirmed until you pay a deposit.

Deposit

In addition to payment of the Registration Fee you will have been asked to pay a Deposit to secure your Child’s place at the Nursery. Any deposit paid is non-refundable in any circumstance but will be returned 4-6 weeks following your final payment subject to 3 months- notice and full payment of nursery fees. (We do not refund against the last terms fees.)

Payment of Fees

Payment

The Parents undertake to pay the Fees applicable for each month. The first month’s Fees must be paid by the date stipulated in the letter in which the Nursery offers a place at the Nursery and encloses the Application Form together with a copy of these Terms and Conditions. Each subsequent invoice must be paid in full before the 1st day of every month to which they relate.

Responsibility for Payment

Each person who has signed the Application Form is and remains liable for the whole of the Fees due (and any supplemental charges), unless the Nursery has expressly agreed otherwise in writing. The Nursery reserves the right to refuse a payment of Fees from anyone who is not responsible for that payment; in any event acceptance of such a payment does not release any other person from responsibility in respect of any future payments.

Refund/Waiver

Any waiver of these Terms and Conditions must be in writing by the Nursery. Fees will not be refunded or waived for absence through sickness or any other reason. No compensation will be paid or refund given if the Nursery has to be closed due to any circumstance beyond the control of the Nursery.

Unpaid Fees

We reserve the right to refuse to allow the Child to attend the Nursery while any Fees are unpaid.

Exclusion for Non-Payment

A Child may be excluded from the Nursery at any time in circumstances where Fees are unpaid and will be deemed withdrawn without notice 28 days after exclusion.

Changes to Fees

Fees are reviewed annually. Parents will be notified in writing at least three months prior to any increase applied to fees

Promotions & Offers

From time to time we may offer a special promotion on our fees (such as members’ rates or early bird discounts). We reserve the right to change or withdraw such promotions at any time

Withdrawal: Notice Requirements

Written Notice

We accept only in writing via email, any conversations about notice need to be followed up in writing by the parent.

Withdrawal from Nursery

If You wish to withdraw the Child from the Nursery, you shall either give 3 Months’ Notice to that effect or shall pay to the Nursery 3 Month’s Fees in lieu of notice, at such rate as would have been charged for the final months of provision if 3 months- notice had been given. The charge of 3 Month’s Fees in lieu of notice represents a genuine pre-estimate of the Nursery’s loss in these circumstances and is necessary to promote stability and the Nursery’s ability to plan its staffing and other resources.

Care and Welfare

Welfare of the Child

We will do all that is reasonable to safeguard and promote the Child’s welfare to the highest standard of care.

Physical Contact

If you have any concerns as to a matter of safety, care, discipline or progress of the Child You should inform the Nursery without delay. Any complaints should be made in accordance with the Nursery’s Complaints Policy which can be supplied on request. Complaints will be handled in accordance with such policy.

Concerns/Complaints

If you have any concerns as to a matter of safety, care, discipline or progress of the Child You should inform the Nursery without delay. Any complaints should be made in accordance with the Nursery’s Complaints Policy which can be supplied on request. Complaints will be handled in accordance with such policy.

Disclosures

You must, as soon as possible, tell the Nursery in confidence any known medical condition, health problem or allergy affecting the Child, or any family circumstances or court order which might affect the Child’s welfare or happiness or that relates to the Child’s care and education and/or upbringing or the payment of Fees, or otherwise any concerns about the Child’s safety.

Special Precautions

The Manager must be notified in writing immediately of any court orders or situations of risk in relation to the Child for which any special precautions may be needed.

Collection

The Nursery must be notified if someone other than a Parent or regular carer is collecting the Child. The Child shall not be allowed to leave the Nursery premises with anyone who has not been given prior permission to do so. We also reserve the right to refuse admittance to anyone who we have not been given prior notification of by a Parent.

Liability

The Nursery does not accept liability for accidental injury or other loss caused to the Child or Parents or for loss or damage to property unless the injury loss or damage is due to the negligence of the Nursery (including its employees).

Health and Medical Matters

Medical Conditions

It is a condition of the Child joining the Nursery that Parents complete and submit a Medical Form. You agree to inform the Nursery of any health or medical condition, learning difficulty, disability or allergy which the Child has or at any time develops, whether long or short term and including any infections.

Sickness Policies

The Child must not be brought to Nursery if unwell and the Nursery reserves the right to send the Child home if they become unwell whilst under the Nursery’s care. When required by the Nursery You shall make all necessary arrangements to collect the Child in order to take them home. Any Child who has been sent home from the Nursery because of ill health will not be re-admitted for at least 24 – 48 hours unless otherwise agreed beforehand. If a Child is prescribed antibiotics they will not be allowed to return to the Nursery for 48 hours.

Medicine

The Nursery cannot administer any medicine to the Child unless prescribed by a doctor. The Nursery will maintain a Medical Register which must be signed by the Parents before any medicine can be given.

Medical Information

Throughout the Child’s time at the Nursery, the Manager shall have the right to disclose confidential information about the Child if considered to be in the Child’s own interests or necessary for the protection of other members of the Nursery community. Such information will be given and received on a confidential basis.

Emergency Medical Treatment

The Parents authorise the Manager to consent on behalf of the Parents to the Child receiving emergency medical treatment (including blood transfusions unless You have specifically notified us in writing that you object to blood transfusions) within the United Kingdom, general anaesthetic and operations under the National Health Service or at a private hospital where certified by an appropriately qualified person necessary for the Child’s welfare and if the Parents cannot be contacted in time.

Cancellation or Removal

Leaving the Nursery

We require Parents to provide us with 3 month’s notice to terminate their place in the Nursery.

Removal

The Nursery reserves the right to bring the contract with you to an end at any time upon the expiry of a month’s notice.* *The Nursery may otherwise bring the contract with you to an end at any time upon written notice (and without any obligation to return any or Fees paid by You) if you are in breach of any of your obligations under these Terms and Conditions and have not (in the case of a breach which is capable of remedy) remedied that breach within 14 days of a notice from the Nursery requiring it to be remedied.

Conduct

Parents may be required to remove the Child temporarily or permanently, because of the conduct of a Parent or the Child, it appears to the senior Nursery management team that the continued presence of the Child is incompatible with the interests of the Nursery. There would be no refund of Fees in these circumstances. The Nursery will act with procedural fairness in all such cases, and shall have regard to the interests of the Child, the Parents and the Nursery.

General Conditions

Insurances

The Nursery undertakes to maintain those insurances which are prescribed by law. All other insurances are the responsibility of Parents.

Change

From time to time it may be necessary to make changes to the Terms and Conditions which form part of the contract between you and the Nursery or certain aspects of the Nursery such as changes to facilities, premises, staff, size and composition of classes, regulations and policies. Whenever practicable, the Nursery will use reasonable endeavours to ensure that Parents will be consulted and where possible given at least a month’s notice of a change: (i) to the Terms and Conditions; (ii) of policy; (iii) in any physical aspect of the Nursery which would have a significant effect on the Child’s education or care; or (iv) of ownership. For the purposes of constitutional changes to the Nursery, or amalgamation with any other educational institution, we reserve the right to transfer the undertakings of the Nursery to any other third party, and to assign the benefit of the contract created by these Terms and Conditions in connection with any such transfer.

Representations

Although believed correct at the time of publication, the Nursery’s prospectus and website are not part of the contract between the Parents and the Nursery.

Third Party Rights

Only the Nursery and the Parents are parties to this contract. The acts and omissions of Parents are binding on the Child and vice versa as to any matter of behaviour, discipline and Fees. All requests and authorities by the Parents are treated as being made on behalf of the Child and vice versa.

Interpretation

These Terms and Conditions supersede those previously in force and will be construed as a whole and headings, unless required to make sense of the immediate context, are for ease of reading only and are not otherwise part of the Terms and Conditions. Examples given in these Terms and Conditions are by way of illustration only and are not exhaustive.

Jurisdiction

These Terms and Conditions are governed by and constructed in all respects exclusively by the law of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales

Data Protection

In light of the above, the Nursery will process data about you and the Child in accordance with the General Data Protection Regulation 2018.