Molesey Day Nursery
Terms & Conditions
In order to maintain the high standards the Nursery offers, we require your agreement with the following terms and conditions. In addition, our detailed policies form part of this agreement. You have agreed to these Terms and Conditions as part of the registration form.
1. Definitions
a. Child - the child or children who are named on the registration or child health form
b. You - the person, firm or company who purchases Services from us
c. Services - the services of the nursery during the days or half (*excluding bank and public holidays), together with any other services which we provide, or agree to provide, to you
d. Us or We - the nursery
e. The Nursery - Molesey Day Nursery
2. Formation of the contract
a. A contract for the Services will be formed between you and us once you have given us a fully completed registration form, the required deposit and registration fee, and once we have confirmed to you in writing that your application for a place has been successful. These terms and conditions govern the contract between you and us for the Services.
b. No other terms
Each party acknowledges that, in entering into the contract, it has not relied on anything said or written that is not written in the contract. This applies unless fraud is established. No other terms apply unless they are in:
A handbook issued to you by us
A policy issued to you by us
A letter that is signed by both you and us.
In the case of any uncertainty as to which terms apply, these terms and conditions will apply.
c. Any requirement in this contract for either party not to do something includes an obligation on that party not to allow that thing to be done.
d. Assignment
The contract is personal to you. You shall not, without our written consent, transfer to anyone else any of your rights or obligations under the contract.
3. Our Obligations
We will use all reasonable efforts to provide the Services to you, in accordance in all material respects with these terms and conditions and any other documents referred to above. We welcome staff and children from many different backgrounds and ethnic groups. Human rights and freedoms are respected and we will do all that is reasonable to ensure that our culture, policies and procedures are made accessible to children who have disabilities and to comply with their social and moral obligations under the Special Educational Needs and Disability Act 2001 or Equality Act 2010 in order to accommodate the needs of children, applicants and members of staff who have disabilities for which, after reasonable adjustments, we can cater adequately. If we determine, in our sole discretion (after appropriate and reasonable analysis) that reasonable adjustments cannot be made for a Child and as such we cannot continue to adequately provide for that Child (or admit them as the case may be) then we shall be permitted to request that you withdraw the Child without being charged fees in lieu of notice.
The Nursery has policies and procedures on file, which are available to parents at all times on the website. The Nursery adheres to comprehensive Health & Safety guidelines, and several policies including Safeguarding Children, Equal Opportunities, Behaviour Management, and Complaints Procedures. The Nursery has employer’s and public liability insurance policies. These policies form part of this agreement.
Reporting of neglect or abuse We have an obligation to report to the relevant authorities any suspicions we have that your Child has suffered neglect or abuse, and where necessary we may do so without your consent and/or without informing you.
Our staff are unable to babysit for parents.
4. Your obligations
You shall: Co-operate with us and provide to us such information as we may reasonably require about the Child, including: any known medical condition, health problem, allergy, or diagnosed dietary requirement, any prescribed medication, lack of any vaccination which the Child would ordinarily have by their age, any family circumstances or court orders affecting the Child, any concerns about the Child’s safety and your contact details, and those of your authorised persons who may collect the Child.
You must (a) ensure that these details are accurate and (b) keep these details up-to-date, by promptly informing us in writing whenever they change.
As regards arrivals and departure of a child, please refer to the nursery’s Arrivals and Departures Policy. Please ask for a copy of it if necessary. If our performance of our obligations under the contract is prevented or delayed by anything you do (or fail to do), we shall not be liable.
You shall not employ (or attempt to employ) any member of our staff without our consent, until six months from the end of this contract.
5. Opening hours and Attendance
a. Opening Hours
We are open 8am - 6pm Monday to Friday. Hours are also available from 7:30am ad hoc or regularly. We are closed bank holidays and the period from Christmas to New Year.
b. Notification of absence
Parents /carers are expected to notify the nursery directly if their child is going to be late or absent from the nursery.
c. End of Day Collection
For security reasons, children will ONLY be released to an authorised adult over the age of 16. Children are ONLY allowed to be collected by adults known to the staff, unless we are notified by the parent who provides a password for the collecting adult. Details are recorded.
d. Late Collections
Please be prompt when collecting your child – children can find it upsetting once all their friends have gone. Parents or guardians collecting children late will always be charged a late collection fee. Parents must telephone before the time of collection if you are going to be late, in order for staffing to be arranged. A charge of £1 per minute will be made for a late collection at the end of any session. Parents must adhere to our closing times and respect our staff’s working hours. The late payment charge contributes towards the substantial cost for the additional supervision of children concerned which involves at least two members of staff being required to work additional time for which they have to be paid. This charge will be added to your nursery account and must be paid within seven days.
If your child is not collected on time and we have not been contacted, we will telephone parents and any emergency contact numbers. If no one is available, we will wait with your child for up to 30 minutes, while attempting to contact parents and named contacts. If no one is available, we will contact the Single Point of Access team (SPA) 020 8547 5008 weekdays 8am-6pm or 020 8770 5000 out of hours and follow their advice.
e. Changing or swapping start dates and booked sessions
Please note that notice of four calendar months is required should you wish to change your child’s start date/booked sessions if done so before your child’s start date. Two calendar months notice is required immediately after your child’s start date. Thereafter, one calendar months’ notice is required. Any requested changes to the days booked are subject to availability and fees will be due in lieu of notice. Please note that due to waiting lists and our admissions process we cannot guarantee to be able to continue to offer your place should you seek to reduce or change days booked prior to your chosen date.
Notice in writing is required should you wish to change the number of sessions booked at the Nursery.
It is not possible to swap regular booked sessions on a one-off basis.
f. Ad hoc/short notice bookings
Ad hoc/short notice bookings are subject to availability and always require a minimum of 24 hours notice to book. Changes to/cancellation of short notice bookings require 24 hours notice minimum or fees will be due. Extra sessions/days booked must be paid for in advance. Please book directly with the manager either at the nursery or by email. We are unable to offer extra bookings should fees be not up to date.
6. Payments and Fees
a. Registration Fee
A non-refundable registration fee of £75 is payable with your registration form. The deposit is retained and refunded on your child’s last day.
b. Monthly Fees
Fees are calculated by using your weekly rate, multiplied by the 51 weeks we are open and divided by 12 months. Therefore fees are the same amount every month. You agree to pay fees monthly in advance on the first of each month (due date). Fees are payable for bank holidays.
c. Late fees
Without restricting any other legal right that we may have, if you fail to pay us on time, you may incur extra charges of £10 per day unless pre-arranged with the office. In addition we will be entitled to recover from you, the full amount of our administrative and other costs incurred in recovering any unpaid sum including legal costs and disbursements on an indemnity basis. We will also be entitled to suspend all Services until payment has been made in full, which will include the suspension of the Child, or even termination of the contract permanently. If you owe us any money, and make a claim against us, we may offset what you owe us against what you are claiming from us.
d. Absence
We regret that there can be no reduction of fees for absence, including illness and holidays.
e. Childcare Vouchers
We accept childcare vouchers for all or part payment of the fees. The vouchers must clear into the account by the due date, as applicable to other payment options.
f. Changes to Fees
We may increase our charges once per year, usually in April. We will give you written notice of any such increase at least one month before the proposed date of increase. If the fees are due to be changed because of your child’s age, the new fee rate will apply from the first of the month following that change.
g. Early Education Funding (EEF)
Your child is eligible for EEF in the school term after their third birthday. If you wish to take up your free nursery education, you are required to complete and sign a Parental Declaration on a termly basis, detailing how and when you will take up the free sessions. Details of all our fees including EEF are on our website. We provide written information on how the nursery grant system works in practice.
7. Dietary Requirements and Healthy eating
Our menus are planned to be varied, tasty and healthy with a vegetarian alternative. We will discuss any dietary requirements with you when your child joins. All meals and drinks are provided during the day. We have been awarded the Children’s Food Trust Excellence Award which is a nationally recognised award from the leading experts in children’s food. Our food policy is provided when your child joins with more detail.
8. Personal Items and Clothing
a. During messy play children are encouraged to wear aprons but are not forced to wear one; please bear this in mind. We ask parents to provide two NAMED complete changes of clothes and a NAMED bag to be kept at nursery. PLEASE NAME ALL CLOTHING YOUR CHILD WEARS. Tracksuit bottoms are ideal for boys and girls, rather than jeans, trousers with zips and buttons and dungarees, which are not suitable as many children cannot manage them on their own.
b. We will supply sudocream barrier cream; please provide your own should you have a different choice. Formula milk to be provided by parents. Nappies and wipes to be provided by the Nursery. Terry nappies to be laundered by parents.
c. Please do not put food, treats, medicines, creams etc. into your child’s bag/rucksack as their bags may be accessible to other children. Children are encouraged to be independent to access their own bags for items such as gloves, spare clothes etc. The Nursery provides a book bag upon entry or when your child reaches 2 years old.
d. Please do not bring in toys to the Nursery as the children can find it difficult to share their own toys. A comforter e.g. blanket, dummy, teddy etc. is recommended, should your child have one.
e. The Nursery accepts no responsibility for any personal items lost or damaged whilst on the premises.
f. I give permission for The Nursery staff to apply sun cream and nappy creams as necessary
9. Accident and Illness
a. It is the nursery’s responsibility to; keep children safe, promote good health, avoid the spread of infection and to take appropriate action if children become ill. The nursery understands the needs of working parents and does not aim to exclude children unnecessarily. However, in order to maintain a healthy environment for all children we ask that parents do not bring their child to the nursery if they are sick or are displaying signs of being unwell. This will ensure children are receiving the most suitable care, (e.g. parents are able to take the child to the doctor if necessary) and it protects other children and adults, including those with reduced immunity, from preventable infections. Please refer to this section in our policies for full information. If the Child has been sent home from the nursery because of ill health (including a fever) he/she will not be re-admitted for at least 24 hours. Likewise we cannot accept children who have had fever reducing medication at their parents’ discretion within 24 hours of the day of attendance.
b. If the Child is prescribed antibiotics, he/she will not be allowed to return to the nursery for 48 hours. If the illness is a communicable illness then the Child will be unable to attend the nursery until such time as the infection has cleared. As regards medication, and the administration of it to a Child, please refer to the nursery’s Administering Medication Policy.
c. I give permission for Molesey Day Nursery staff to administer Calpol to my child in the event of a high temperature or in an emergency. I give permission for Nursery staff to administer Piriton if necessary.
d. I give permission for the Nursery to administer basic first aid when necessary. I give permission for transportation of my child to hospital in my absence. In the event of an emergency, and the Nursery is unable to contact me, I authorise the Nursery to seek any necessary emergency advice and treatment, and to give health information as necessary to medical staff.
e. Accidents
It is the nursery’s responsibility to keep children safe whilst in our care. The premises meet the requirements set out in the Early Years Foundation Stage statutory framework and risk assessments are carried out regularly. Safety routines are reviewed and emergency evacuation procedures are practiced with the children. As a registered provider, the nursery is legally required to have all staff first-aid trained to administer basic first-aid treatment. The first-aid box is clearly labelled and easily accessible. It is stored in a labelled cupboard in the kitchen and the contents included are recommended by the First Aid trainer and replenished as necessary. Our nursery has first aides at all times. Contact details are available and include prior written permission from parents to seek emergency advice and treatment for their child if necessary. If your child requires urgent medical attention while under our care, we will if practicable attempt to contact you and obtain your prior consent. However, should we be unable to contact you we shall be authorised to make the decision on your behalf should consent be required for urgent treatment recommended by a doctor (including anesthetic or operation, or blood transfusion unless you have previously notified us you object to blood transfusions). Please refer to this section in our policies for full information. If the Child is suffering from a communicable illness, he/she should not be brought to the nursery until such time as the infection has cleared. Please refer to the policies for more information.
10. Outings
a. My child has my permission to attend outings with Molesey Day Nursery, and to be transported by minibus. I will always be informed in advance of any outings involving minibus or public transport.
b. My child has permission to attend local outings on foot, for example the library, park etc.
c. From time to time we take the children further afield to places of interest such as local farms and other places by minibus to enhance their learning. We always advise parents in advance and will ask for your written permission. We have higher than usual adult to child ratios on these trips. We also undertake frequent outings locally on foot to places such as the park, local shops, the library etc. Staff adhere to a strict outings procedure for the safety of your child and the routes and destinations are checked beforehand. Please refer to this section in our policies, including lost child policy for full information.
11. Security and Data Protection
a. Data protection
You agree that details of your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of us in connection with the Services. We may take photographs and/or videos of your Child for promotional or training purposes only. If you do not wish for your Child to be included in such photographs or videos, please write to the nursery office (email). Any personal data related to You or your Child will be dealt with in accordance with our privacy notice, which can be seen in our policies document. We will only use your personal information in relation to our childcare service. We’d like to send you information about our nursery by email/facebook/phone etc but we need to be sure we have your permission to do so. We keep your information so you can receive important updates about our nursery. We will keep your information secure and will never share it except if required to do so by law. By registering your child, you are consenting to us continuing to holding and processing your data and sending you information. You can of course unsubscribe / ask us not to contact you at any time I give permission for my child to have his/her photograph taken whilst engaging in Nursery activities for the purpose of display at the Nursery, the Tapestry online Learning Journals, the Nursery website and Nursery social networks. Pictured children will not be named. It is forbidden for parents to post any of such media (including Tapestry media) including observations, photographs or videos on Social Networking sites or video sharing sites such as YouTube. Such media will be kept indefinitely for advertising purposes. Any other media will be deleted when your child leaves the nursery.
b. I consent to having my picture or video taken at nursery events for the purpose of display at the nursery, the nursery website and Nursery social networks. I will not be named. I will not post any of such media on Social Networking sites or video sharing sites such as YouTube. Such media will be kept indefinitely for advertising purposes. Any other media will be deleted when your child leaves the nursery.
c. I give permission for my child to take part in the yearly concerts, fun run and sports days, and understand that other parents and carers will be taking pictures/ filming at the events. It is forbidden to post any of such media on Social Networking sites or video sharing sites such as YouTube.
d. I wish to join the parent contact list with my email and phone details to be shared with other parents of the day nursery only. The purpose of this is to be able to contact each other directly. I agree to join the parents WhatsApp group.
e. Security on Site
Parents are welcome to visit the nursery, but we will not admit anyone without prior notification. It is your responsibility to ensure that we are aware of who will be collecting your Child. No Child will be allowed to leave the building with any person who has not been notified as an authorised person to collect the Child on your behalf and will ONLY be released to an authorised adult over the age of 16. Children are ONLY allowed to be collected by adults known to the staff, unless we are notified by the parent who provides a password for the collecting adult. Details are recorded. Please do not let anyone into the nursery through the entry doors or gate whom you do not know, including delivery drivers. Please also make sure the gate / door closes behind you.
f. Parking
Please use the parking bays provided .Parking must be considerate at all times and to comply with planning regulations.
g. CCTV For the protection of the children, staff and property, we have cameras both inside and out – please see separate policy for full information.
h. Entry Door / Gate In the interests of security, please do not let anyone into the nursery through the entry doors or gate whom you do not know, including delivery drivers. Please also make sure the gate closes behind you.
12. Termination or Suspension of the Contract
a. The contract shall last until it is terminated by either you or us giving to the other, in writing, at least one full calendar months’ notice. However, the contract can, in some circumstances be terminated immediately under the section ‘Termination for breach of Contract’ below.
b. Suspension of the Services
The Services may be suspended (meaning the Child is temporarily not able to attend the nursery) if any event beyond our reasonable control (e.g. a fire, flood, epidemic or pandemic outbreak, strike, civil action, act of terrorism, war etc.) occurs, for which we may or may not have business interruption insurance, we may close the nursery without liability to you and we will not charge you for the fees for the time the nursery is closed. We will keep you informed, in such an event.
c. Notice periods
Should you wish to leave the Nursery for any reason, we require four calendar months should you wish to change your child’s start date/booked sessions if done so before your child’s start date. Two calendar months notice is required immediately after your child’s start date. Thereafter, one calendar months’ notice is required. Notice must be in writing; fees will be due in lieu of notice.
d. The Nursery reserves the right to terminate or suspend your child’s place with immediate effect for the following:
i. If you do not pay the fees by the due date or if you have any outstanding fees. Fees to be paid preferably by standing order; BACS transfer and cash are also accepted. Our bank details are 30 98 79 02441223. It is your responsibility to obtain a receipt from the nursery manager as proof of cash payments.
ii. Unacceptable behaviour and/or breach of nursery policies. All Nursery policies form part of this contract. This list is not exhaustive. The nursery reserves the right to terminate your child’s place with one calendar month notice for any other reason.
e. Termination for breach of contract, or bankruptcy/insolvency
Without restricting any other legal rights which the parties may have, either party may terminate the contract without liability to the other immediately on giving written notice to the other if:
i. the other party fails to pay any amount due under the contract on the due date for payment and remains in default for 5 days or more
ii. the other party commits a material breach of any of the terms of the contract and (if such a breach is capable of being remedied) fails to remedy that breach within 30 days of that party being notified in writing of the breach
iii. the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986.
f. On termination of the contract for any reason:
i. You shall immediately pay all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt; and
ii. Any clause in these terms and conditions which implicitly is intended to survive termination shall continue in force.
13. Limitation of liability
This clause sets out our (and our employees’, agents’, consultants’ and subcontractors’) liability to you in respect of the contract (including any breach of it, any statement we make to you about it, our termination of it). All terms implied by law are, to the fullest extent permitted by law, excluded or deleted from the contract. Nothing in these terms and conditions in any way limits our liability for fraud, or for death or personal injury resulting from negligence. We shall not be liable for: (a) Any loss or damage to any toys, equipment or bags, clothing etc. you may bring into our nursery; (b) Loss of any profits, or consequential loss; or any other indirect loss; and Subject always to nothing in these terms and conditions in any way limits our liability for fraud, or for death or personal injury resulting from negligence, our total liability (in contract, tort including negligence or breach of statutory duty, or otherwise) shall be limited to cumulative price paid by you for the Services over the course of the contract.
14. Complaints and concerns
Please address any complaint or concern to the nursery manager, in the first instance, and if the matter is not resolved within a reasonable period, please refer it to the nursery director (office) . Please also refer to our complaints and compliments policy which shall apply to any complaints received by us.
15. Rights of third parties
A person who is not a party to the contract shall not have any rights under or connection with it.
16. Governing law and jurisdiction
a. The contract, and any dispute or claim arising out of it or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by the law of England. The courts of England shall have exclusive jurisdiction to settle any such dispute or claim.
b. Invalid clauses
If any part of the contract is found by any court or similar authority to be invalid, illegal or unenforceable, that part shall be struck out, but the rest of the contract shall apply.
17. How long do I have to change my mind?
You have 14 calendar days to cancel your contract after the date when we have received your Deposit Fee and confirmed your child’s place.
18. Changes to these terms and conditions
We may change these terms and conditions where such a change arises from changes in regulations or legislation affecting us. We may change any other terms only with express written agreement from You.
These terms and conditions, together with the registration form and policies as amended from time to time represent the entire agreement between you and the nursery.