La Maternelle Nursery Parental Contract
La Maternelle 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.
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) Event Outside Our Control: is defined in condition 12.2;
(c) Facilities: means La aternelle Sandbach 1 Dalton Court Sandbach CW11 1YD; La Maternelle Wistaston Wistaston Church Lane Primary Church Lane Wistaston CW2 8EZ; La Maternelle Stapeley Stapeley Broad Lane Primary Broad Lane Stapeley CW5 7QL and; La Maternelle Pear Tree Pear Tree Primary Pear Tree Field Stapeley CW5 7GZ
And Facility shall mean any one of the Facilities.
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.
(d) 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
(e) 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
(f) Services: the provision of nursery, pre-school or out of school care for children as applicable to be provided by Us during the selected Sessions;
(g) Sessions: means any of the following sessions (subject to the provisions of condition 3.1(c)) which you book with us for the relevant Services;
* Services Half Day AM 7.30am-1.00pm
* Half Day PM 1.00pm-6.00pm
* Breakfast session 7-30am-9.00am
* School day 9.00am-3.00pm
* Morning session 9.00am-12.00pm
* Afternoon session 12.00pm-3.00pm
and Session means any one of the Sessions;
(h) Terms: the terms and conditions set out in this document;
(i) Timeout: means a period of exclusion where a child is not permitted to attend a Facility more particularly described in the Policies;
(j) We/Our/Us: La Maternelle Ltd (co no. 03937869) registered office: Wistaston Church Lane Primary Church Lane Crewe Cheshire CW2 8EZ; and
(k) Wistaston Nursery: means La Maternelle Wisaston Wistaston Church Lane Primary Church Lane Wistaston CW2 8EZ
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 revise these Terms from time to time in the following circumstances:
(a) changes in how We accept payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) where we believe the changes are necessary to facilitate the safe and effective provision of the Services (which shall include but is not limited to) changing the opening and closing times of any of the Sessions.
3.2 If We have to revise these Terms under condition 3.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with condition 13.
3.3 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.
To ensure the safety of your child if anyone other than a parent or guardian 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.
5. PERSONAL PROPERTY
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.
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 including (but not limited to) periods of time when a child is given a Timeout or when a child is absent through sickness or injury.
7. SICKNESS AND ACCIDENTS
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.
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.
9. PROVIDING SERVICES
9.1 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. See condition 12.3 for Our responsibilities when an Event Outside Our Control happens.
9.2 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 nowt 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 9.2, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices We have already sent you.
9.3 If you do not pay Us for the Services when you are supposed to as set out in condition 10, 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 10.9). We will contact you to tell you this. This does not affect Our right to charge you interest under condition 10.7.
10. PRICE AND PAYMENT
10.1 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 to settle their fees. If this is the case, fees must be sent no later than the 25th of each month and clear in our account before the last day of the month.
10.2 These prices include VAT. However, if the rate of VAT changes We will adjust the rate of VAT that you pay.
10.3 Nursery Fees
Where you use Us for the provision of Nursery services the provisions of this condition 10.3 shall apply
a. 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.
b. Any Casual Sessions you request will be added to your invoice the following month.
10.4 Fees & Invoices Out of School Care
Where you use Us for the provision of Out of School Care the provisions of this condition 10.4 shall apply.
a. Term time invoices will be calculated according to Sessions reserved in each calendar month and invoiced one month in advance. Fees will not be charged for the five bank holidays or inset days.
b. Any Casual Sessions you request will be added to your invoice the following month.
10.5 Invoices for all Sessions will be sent out via email to the email address you entered when you registered for the Services. We are committed as a facility to improve our Carbon Footprint however, if you request a paper copy of an invoice we will send you the same subject to a £2.00 charge.
10.6 All invoices must be paid within the time period stated on the invoice. 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 to settle their fees. If this is the case, fees must be sent no later than the 25th of each month and clear in our account before the last day of the month.
10.7 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 10% of the total outstanding. You must pay Us interest together with any overdue amount.
10.8 We endeavor 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 10.6.
10.9 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 10.7 will not apply for the period of the dispute.
10.10 For the avoidance of doubt conditions 10.5, 10.6, 10.7, 10.8 and 10.9 applies to all Services.
10.11 Late Collection
Where We provide you with any Services the provisions of this condition 10.11 shall apply:
(a) 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; and
(b) 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 14.3. The closing time of the session is when the doors will be locked and therefore all children and parents need to have vacated the premises by this time.
11. OUR LIABILITY TO YOU
11.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
11.2 We do not 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.
12. EVENTS OUTSIDE OUR CONTROL
12.1 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.
12.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
12.3 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.
12.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under condition 13. We will only cancel the contract if the Event Outside Our Control continues for longer than four weeks in accordance with Our cancellation rights in condition 14.
13. CANCELLATION POLICY & CHANGING OF SESSIONS
13.1 Nursery Services
Where we provide you with Nursery Services the provisions of this condition 13.1 shall apply.
13.1.1 We require one month’s notice to cancel any Permanent Session. This must be done via Our Website by clicking on the link “Cancel my sessions” or in person by attending our Nursery 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.
13.1.2 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. If you cancel day nursery sessions, you can only use the holiday club six weeks after the last session date in the nursery on the days that have previously been reserved.
13.1.3 Please note that for Casual Sessions for nursery our cut-off date is the 25th of the month for example; Casual Sessions taken up to and including the 25th November will be added to December’s invoice. Sessions after the 25th November up to and including the 25th December will be added to January’s invoice.
13.1.4 To change your current Session this must be done via Our Website by clicking on the link “Change my sessions” or in person by attending our Wistaston Nursery.
13.1.5 If your child has not yet started using the nursery 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.
13.2 Out of School Care
Where we provide you with out of school care services the provisions of this condition 13.2 shall apply.
13.2.1 We require one month’s notice to cancel any Permanent Session. This must be done via Our Website by clicking on the link “Cancel my sessions” or in person by attending our nursery in Wistaston 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.
13.2.2 Please note that for Casual Sessions for out of school care our cut-off date is the 25th of the month for example Casual Sessions taken up to and including the 25th November will be added to December’s invoice. Sessions after the 25th November up to and including the 25th December will be added to January’s invoice.
13.2.3 If you request casual sessions (either in writing or verbally) for out of school care and subsequently cancel those bookings the amount due for the casual sessions will be due and payable.
13.2.4 To change your current session this must be done via Our Website by clicking on the link “Change my sessions” or in person by attending our Wistaston Nursery
13.3 Out of School Care (Holidays)
Where we provide you with out of school care services during the holidays the provisions of this condition 13.3 shall apply.
13.3.1 Where a booking for Out of School care during the holidays is made and you wish to cancel any sessions booked you will be charged 50% of the total cost of the sessions which have been cancelled. If less than 24 hours’ notice is given to cancel any session that the full amount will be charged and due.
14. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
14.1 If We have to cancel a Session the provisions of this condition 14 will apply:
(a) We may have to cancel a Session or Sessions, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.
(b) If We have to cancel any Sessions under condition 14.1(a) and you have made any payment in advance for the Sessions cancelled, We will refund these amounts to you.
14.2 We may cancel 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.
14.3 We may cancel 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 10. This does not affect Our right to charge you interest under condition 10.7; 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.
15. INFORMATION ABOUT US AND HOW TO CONTACT US
15.1 We are a company registered in England and Wales. Our company registration number is 03937869 and Our registered office is at Wistaston Church Lane Primary Church Lane Crewe Cheshire CW2 8EZ.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 We will use the personal information you provide to Us to:
(a) provide the Services;
(b) process your payment for such Services; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
16.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
16.3 We will not give your personal data to any other third party.
16.4 You have the right to request any data we store about you is removed. Please call or email us to arrange this.
17.0 (Consents now on Registration form)
18. OTHER IMPORTANT TERMS
18.1 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.
18.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
18.3 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.
18.4 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.
18.5 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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OFSTED Outstanding awarded to our Sandbach Day Nursery
A parents guide to the Early Years Foundation Stage
Nursery & Pre School Calendar 2018.19
Outcomes of recent La Maternelle Sandbach Day Nursery parent questionnaires.
Outcomes of recent La Maternelle Wistaston Day Nursery Parent Questionnaires