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Woodland Trust Green Tree School GoldAward Ofsted outstanding 2018

La Maternelle Nursery Parental Contract

La Maternelle Family Childcare Terms & Conditions
It is important that you read and are in agreement with our regulations, policies and procedures before you accept our terms and conditions.
OUR TERMS
1. DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

a) Casual Sessions: means any Session you book for a single day on a one-off occasion;
b) Child: means the Child (or children if more than one) named and detailed in the Registration Form and whom you have Parental responsibility for or are the legal guardian or carer of;
c) Data Protection Legislation: means the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications);
d) Event Outside Our Control: means: (1) act(s) of God, flood, drought, earthquake or other natural disaster; (2) initial or any further/repeated outbreak of any epidemic or pandemic concerning any virus and/or disease; (3) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (4) nuclear, chemical or biological contamination, or sonic boom; (5) any new law or change in an existing law being made or any other action taken by a government or public authority (to include, but not limited to, imposing any transport, travel, import or export restriction); (6) collapse of buildings, fire, explosion or accident; (7) any labour or trade dispute, strikes, industrial action or lockouts; (8) non-performance by any person that is not a subcontractor of the non-performing party; or (9) interruption or failure of any utility service;
e) Fees: means the charges payable by you to Us for the supply of the Services as agreed between you and Us and in accordance with clause 8;
f) Facilities: means La Maternelle Sandbach 1 Dalton Court Sandbach CW11 1YD; La Maternelle Nantwich, Barony Court, Barony Road, Nantwich, Cheshire, CW5 5RD;  La Maternelle Wistaston, Wistaston Church Lane Academy, Church Lane, Wistaston, Cheshire, CW2 8EZ. 
And Facility shall mean any one of the Facilities;
g) Nursery Services: the provision of care for children of age 0-5 years;
h) Permanent Session: means any Session which you have booked for your Child to attend on a particular day when the Facility in question is open for example every Monday or every Tuesday etc.;
i) Parent: means the Parent or legal guardian set out in the Registration Form who has responsibility for the Child;
j) Policies: means our policies and procedures in place as amended from time to time and which are available at our Facilities and can be made available to you upon request;
k) Registration Form: the registration form you complete when registering for any of our Services which is found at https://lamaternelle.co.uk/index.php/register;
l) Services: the provision of Nursery Services, for children as applicable to be provided by Us during the selected Sessions;
m) Sessions: means any of the following sessions (subject to the provisions of condition 3.1() which you book with us for the relevant Services;*Services Full Day 7.30am – 6.00pm*Short Day 9.00am – 4.00pm
*Half Day AM 7.30am – 1.00pm
*Half Day PM 1.00pm – 6.00pm
and Session means any one of the Sessions;
n) Terms: the terms and conditions set out in this document;
o) Timeout: means a period of exclusion where a Child is not permitted to attend a Facility more particularly described in the Policies; and
p) We/Our/Us: La Maternelle Ltd (co no. 03937869) registered office: La Maternelle Sandbach, 1 Dalton Court, Sandbach, Cheshire, CW11 1YD.

1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.

2 OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which We supply Services to you together with our Policies.

2.2 Please ensure that you read these Terms carefully, and check that the details on the Registration Form and in these Terms are complete and accurate.

2.3 These Terms will become binding on you and Us when We contact you to say that your booking for a Session is accepted, at which point a contract will come into existence between you and Us.

3 CHANGES TO TERMS
3.1 We may update these Terms from time to time by giving you at least one month’s written notice of any changes to these Terms before they take effect. Your acceptance of the update to the Terms shall be deemed where your Child continues to use the Services after the one month’s written notice period. Should you not agree to any material changes to these Terms, you may immediately terminate these Terms by providing written notice to Us during the one month’s written notice period.  Any payment in advance for Services not provided shall be refunded to you.

3.2 Our Policies may be updated from time to time and where a policy is updated Parents will be informed via email and the policy will be readily available for Parents to read in each of our Facilities.

4 SECURITY & SAFEGUARDING

4.1 To ensure the safety of your Child if anyone other than a Parent is collecting him/her they must be named on the Registration Form. In the event of a Parent wanting a person other than the named person on the Registration Form to collect their Child they must give their password (which is the password you included on the Registration Form) to this person who must in turn give the password to the member of staff as they collect the Child.

4.2 We have a duty of care to ensure that any significant concerns about the Children in Our care are reported to the Cheshire East Consultation Service (Checs) Safeguarding Team and, where appropriate, Ofsted. We may note any incident or observation of a Child where we deem the Child may have been, or may be in the future, at risk of harm or neglect. In exceptional cases this may be done without speaking to a Parent until we have sought external advice.

5 ABSENCES, SICKNESS AND ACCIDENTS

5.1 If your Child will not be attending any Session for any reason you must contact Us as soon as possible to inform us of the intended absence. All contact numbers are available on our website at http://www.lamaternelle.co.uk. All absences must be paid for.

5.2 Should your Child become ill or incur an injury whilst in our care every effort will be made to contact the Parent/guardian stated on the Registration Form. If your Child develops a doubtful rash, sore throat, discharge from the eyes, diarrhoea or anything else that could be passed on to other children you must keep your Child at home and inform your GP. We reserve the right to refuse to provide the Services if the aforementioned is applicable.

5.3 Parents are responsible for putting in place the arrangements to collect your Child should your Child become unwell or We require that you remove your Child from Our Facilities at Our discretion.

5.4 Should your Child need to receive emergency treatment from emergency services you consent to Us arranging such services. If such a circumstance were to arise you agree to make arrangements to immediately attend the hospital as soon as you are notified.

6 BEHAVIOUR

6.1 If a Child comes into our care with known behavioural needs, we reserve the right to request a trial period of one calendar month to review further care and consideration of Permanent Sessions. We reserve the right to exclude a Child in accordance with our Policies.

6.2 We may suspend or adjust the provision of Nursery Services for your Child if your Child’s behaviour endangers the safety and wellbeing of another Child and/or your Child requires one to one care where it is not possible to provide this.

6.3 The suspension of Nursery Services shall continue whilst we try and address these problems with you. If We are unable to resolve the situation we reserve the right to exclude a Child.

6.4 Should a Child require a 1:1 ratio, the Child may attend Our Facilities in the normal way accompanied by his/her carer (which may be arranged through the resources of the Local Authority).

6.5 We will not tolerate, under any circumstances, behaviour towards Our staff which is deemed to be threatening, abusive or violent. Any such behaviour may result in termination of the contract or a refusal to allow the person responsible back on Our Facilities in the future.

7 PROVIDING SERVICES

7.1 We will make every effort to provide the Services. However, there may be instances where we are unable to do so due to an Event Outside Our Control.

7.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

7.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

a) We will contact you as soon as reasonably possible to notify you; and
b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

7.4 We will need certain information from you that is necessary for Us to provide the Services, for example, any allergies or illnesses your Child may have. If you do not provide Us with this information, or you provide Us with incomplete or incorrect information, We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us if we suspend the Services under this condition.

7.5 In accordance with condition 7.3b), while our Services are suspended, you do not have to pay the full Fees, however we reserve the right to charge a sum of 25% of the Fees on a monthly basis (“Contribution”) until the Services can be provided up to a maximum liability period of 4 months. The Contribution is non-refundable and cannot be set off against any Fees or monies owed from you to Us. If the Contribution is not paid or you do not wish to pay the Contribution, you may terminate these Terms immediately upon written notice to Us. The Contribution does not affect your obligation to pay for any outstanding invoices or Services already provided however, any advanced payments of Services not provided to you shall be refunded.

7.6 If you do not pay Us for the Services as set out in condition 8, We may suspend the Services with immediate effect and withdraw a Child’s place from any of the Sessions until you have paid Us the outstanding amounts (except where you dispute an invoice under condition 8.9). We will contact you to tell you this. This does not affect Our right to charge you interest under condition 8.7.

7.7 We reserve the right to set a quota on the number of 30 hours’ a week extended entitlement and 15 hours’ universal entitlement we allocate. This will be set at Our discretion and is in place to ensure that we can meet capacity requirements and the needs of the Children.

7.8 We reserve the right to move your Child between rooms within the Facility at which your Child is cared for, based on your Child’s needs. We will consult with you before making any decision to move a Child to another room.


8. PRICE AND PAYMENT

8.1 The price of the Services will be set out in Our price list in force from time to time. Our prices may change at any time.  Fees will be collected by direct debit each month in advance of any sessions.  The only exception to Parents paying their fees by direct debit is if they are using a childcare voucher company or the government tax-free childcare scheme, to settle their fees. If this is the case, the arrangements for any childcare voucher of tax-free childcare scheme or other government funding must be in place prior to your Child’s attendance at their first Session and fees must be sent no later than the 25th of each month and clear in our account before the last day of the month.

8.2 These prices include VAT. However, if the rate of VAT changes We will adjust the rate of VAT that you pay.

8.3 Invoices will be calculated according to the number of Sessions reserved by you in each calendar month. You will be charged for each week day throughout the year one month in advance however, We are closed during the Christmas period from the 23rd December until the 2nd January (unless these days fall during a weekend) and Fees will not be charged for this period. This also applies for the five other Bank Holidays throughout the year when the nursery is closed. Any Casual Sessions you request will be added to your invoice the following month.

8.4 A non refundable registration fee of £100 is taken upon enrolment.

8.5 You will receive your first invoice for your Child’s sessions approximately one month before your Child’s start date.  This invoice must be paid prior to your Child’s start date. If such payment is not provided, We reserve the right not to provide the Services. 


8.6 Invoices for all Sessions will be sent out via email to the email address/addresses you entered when you registered for the Services.

8.7 All invoices must be paid within the time period stated on the invoice. If you do not make any payment due to Us by the due date for payment, We reserve the right to charge interest to you on the overdue amount from the due date until payment of the overdue sum, whether before or after judgment. Interest under this condition will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period where the best rate is below 0%. You must pay Us interest together with any overdue amount.


8.8 We endeavour to send invoices to you on a monthly basis however at times this is not possible and invoices may be rendered for Services provided more than a month before an invoice is sent. At times Sessions provided may also be missed in invoices rendered and will have to be invoiced in a later invoice. If either of these events occur you must still make payment in accordance with condition 8.7.

8.9 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, condition will not apply for the period of the dispute.

8.10 For the avoidance of doubt conditions 8.1, 8.5, 8.6, 8.7, 8.8 and 8.9 applies to all Services.

8.11 Late Collection

a) You must ensure that your Child is collected and that you and your Child have left the Facility, at the appointed time of collection. If you are not able to collect your Child at the scheduled time of collection, you should make every effort to inform Us as soon as possible;
b) If you fail to collect your Child/Children at the appointed time you will be invoiced for the extra time at the rate of £10.00. If Children are collected more than fifteen minutes late the charge will be £20.00.  If Children are collected more than 30 minutes late the charge will be £30.00;
c) If you fail to collect your Child/Children at the appointed time more than three times within one calendar month we reserve our right to withdraw our Services in accordance with condition 11.2.  The closing time of the session is when the doors will be locked and therefore all Children and Parents need to have vacated the Facility by this time;
d) [The Local Authority Children’s Services and a registered child minder will be contacted 30 minutes after closing of the nursery if your Child has not been collected and We have not received notice.];
e) We will not release a Child for collection if it is reasonably believed or has reason to suspect that the collecting person is under the influence of alcohol and/or is intoxicated by drugs. We will contact the other persons named on the Registration Form to come and collect your Child; and
f) We permit minors between the ages of 14 and 18 to collect a Child from the nursery on behalf of parents, provided that We have been notified that the minor has been given authority to do so. We will give the final and absolute permission for a Child to be collected by the minor.

9. OUR LIABILITY TO YOU
9.1 We are not legally responsible for any:

a) losses that were not foreseeable to both parties when these Terms were formed;
b) losses including accidents that were not caused by any negligence or breach on Our part; and
c) losses of savings, discounts (whether actual or anticipated), business losses, any losses of profit, earnings or income.

9.2 In any event, Our total liability of under these Terms shall not exceed £500,000.

9.3 We will not be held liable at all for any acts or omission, loss, injury, damage, expense or delay incurred or suffered by you, when you enter into a privately arranged babysitting agreement with an affiliate or member of Our staff. All privately arranged babysitting agreements are outside the purview of your Child’s enrolment. We are not and should not be considered a party to such agreements.

9.4 Nothing in these Terms will exclude or limit in any way Our liability for:

a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987.

9.5 We advise that your Child has a change of clothing in a named bag whilst in our care, in case of an emergency. Whilst every reasonable care is taken We cannot be held responsible for any loss or damage to a Child’s property.

9.6 Any property brought by the Child or the Parent on Our Facilities is done so entirely at their own risk. This includes the use of the car park, your car and any contents. Drivers are asked to be extra cautious whilst in the vicinity of Our Facilities.

10. CANCELLATION POLICY & CHANGING OF SESSIONS

10.1 We require one month’s notice to cancel any Permanent Session. This must be done in writing and sent to our Facilities or in person by attending our Facilities and providing written notice of your wish to cancel the Contract.  Once you have cancelled a Session you can only reserve that Session again three months after the last day of the notice period of the cancelled session.

10.2 Where you do not wish to cancel a Session but wish to transfer to a different Session you can request such a transfer and if we are able to accommodate the Child then the Session can be transferred provided that there is no lapse of time greater than a week between ending one Session and then starting another Session. 

10.3 To change your current Session this must be done in writing or by contacting Our customer service team via telephone at 01270 629005.

10.4 If your Child has not yet started using the Services then you may change your Sessions up to 3 months prior to your Child’s first Session date. If you would like to change or cancel any Session within 3 months of your Child’s first Session date then you may do so but you will be charged for the Session originally booked for the three months from your Child’s first Session date.

10.5 If We have to cancel a Session, We will contact you to reorganise the Session. 


11. TERMINATION

11.1 We may terminate the contract for the Services at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.

11.2 We may terminate the contract for Services at any time with immediate effect by giving you written notice if:

a) you do not pay Us when you are supposed to as set out in condition 8. This does not affect Our right to charge you interest under condition 8.7; or
b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.

12. INFORMATION ABOUT US AND HOW TO CONTACT US

12.1 We are a company registered in England and Wales. Our company registration number is 03937869 and Our registered office is at La Maternelle Sandbach, 1 Dalton Court, Sandbach, Cheshire, CW11 1YD.

12.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01270 629005 or by e-mailing Us at .(JavaScript must be enabled to view this email address).

12.3 If you wish to contact Us in writing, or if any condition in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to La Maternelle Limited Sandbach, 1 Dalton Court, Sandbach, Cheshire, CW11 1YD or .(JavaScript must be enabled to view this email address). We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail to the address used on the Registration Form or other email address notified to us, by hand, or by pre-paid post to the address you provide to Us in the Order.

13. DATA PROTECTION

13.1 Both Parties shall comply with all Data Protection Legislation.

We will keep your Child’s development records stored in digital form and in accordance with Data Protection Legislation and in accordance with Our Privacy Policy can be found at http://www.lamaternelle.co.uk/index.php/ privacy-policy.

14. PARENTS RESPONSIBILITIES

14.1 You commit to the following responsibilities:

a) to advise Us in writing of any changes to the details provided in the Registration Form before the change(s) take place or as soon as possible;
b) to notify Us of any allergies your Child may have or develops, and to complete an allergy information sheet that will be displayed in the room to ensure We have up to date information;
c) to inform Us if your Child is taking or has been prescribed medication. Any medicine brought into the Premises must be in its original container, as dispensed by the pharmacist and must include the pharmacists instructions, your Child’s name, dosage and times to be administered;
d) to give all medication to Us, and sign the appropriate forms. You should not leave any medication in your Child’s bag or on your Child’s peg;
e) to ensure that you or another chosen responsible person is contactable by telephone at all times whilst your Child is attending the Facilities, and to provide the correct telephone numbers on the Registration Form;
f) to dress your Child in play appropriate clothes, shoes with backs and covered toes, (heeled shoes are not permitted). Any jewellery worn as a cultural attire is done so at the Parent’s risk;
g) to inform Us if your Child is attending, or planning to attend another nursery setting;
h) to shut the front door of the Facilities after entering and exiting and to ensure nobody else’s Child enters or exits the Facilities unless they are in their parent’s care;
i) not to allow an unidentified person to enter the Facilities;
j) to provide in writing any information that is relevant to your Child’s safety and security, including details of and copies of Court Orders, injunctions, parental responsibility orders and any intervention by the Local Authority. We cannot refuse access to any Parent that is known to it unless a Court Order is provided; and
k) to allow Us to make the appropriate checks with the Local Authority to establish whether We are entitled to receive the government funding such as the early years pupil premium on behalf of your Child.

14.2 You shall not, without Our prior written consent at any time from the date on which you receive any Nursery Services and for a period of 12 months after termination solicit or entice away from Us or employ or attempt to employ any person who is, or has been, engaged as Our employee.

14.3 Any consent given by Us under 14.2shall be subject to you paying to Us a sum equivalent to [20%] of the then current annual remuneration of Our employee.


15. HEALTH & SAFETY

15.1 We endeavour to maintain the required standards of health and safety at all times and in accordance with our health & safety policies.

15.2 We will at all times comply with the Health and Safety at Work Act 1974 and the Workplace (Health, Safety and Welfare) Regulations 1992. 

16. OTHER IMPORTANT TERMS

16.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.

16.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

16.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

16.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.


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