Rainbow Tree Nursery Limited - Terms and Conditions of Trade

• Definitions
  • 1.1    “The Company” shall mean Rainbow Tree Nursery Limited, its successors and assigns or any person acting on behalf of and with the authority of Rainbow Tree Nursery Limited.
  • 1.2    “Child” shall mean the Child enrolled with the Company.
  • 1.3    “Parent” shall mean the legal guardian (or guardians) of the Child.
  • 1.4    “Guarantor” means either the person (or persons) or entity who agrees here in to be liable for the debts of the Parent on a principal debtor basis.
  • 1.5    “Services” shall mean all Services provided by the Company to the Parent, as described on the Parental Agreement Contract or any other forms as provided by the Company to the Parent, and includes any advice or recommendations.
  • 1.6    “Fee” shall mean the cost of the Services as agreed between the Companyand the Parent, subject to clause 7 of this contract.
• Application of these terms and conditions to consumers
  • 2.1    Where the Parent purchases Services as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
• Supply of Goods and Services Act 1982
  • 3.1    This agreement is subject to the provisions of the Supply of Goods and Services Act 1982 (or any replacement or re-enactment thereof) in all cases except where the Parent is contracting within the terms of a trade/business (which cases are specifically excluded).
  • 3.2    Notwithstanding clause 3.1 nothing in this agreement is intended to have the effect of contracting out of any applicable provisions the Supply of Goods and Services Act 1982 or any laws or legislation governing the rights of consumers, except to the extent permitted by those Acts, laws or legislation.
• Acceptance
  • 4.1    These terms and conditions are meant to be read in conjunction with the Company’s Parental Agreement Contract. If there are any inconsistencies between these two documents then the terms and conditions contained in this document shall prevail.
  • 4.2    Any instructions received by the Company from the Parent for the supply of Services and/or the Parent’s acceptance of Services supplied by the Company shall constitute acceptance of the terms and conditions contained herein.
  • 4.3    Where more than one Parent has entered into this agreement, the Parents shall be jointly and severally liable for all payments of the Fee.
  • 4.4    Upon acceptance of these terms and conditions by the Parent the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the Director of the Company.
  • 4.5    None of the Company’s employees, agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the Director of the Company in writing, nor is the Company bound by any such unauthorised statements.
  • 4.6    The Parent shall notify the Company immediately should there be any change (in circumstances from) to the details as outlined in the Parental Agreement Contract; including, but not limited to, living arrangements of the Child and/or Parent.
  • 4.7    The Parent acknowledges and accepts that the Company shall not use physical punishment in the discipline of the Child or in managing the Child’s behaviour.
• The Company’s Obligations
  • 5.1    The Company agrees to:
    • care for the Child during the contracted hours and at such other times as may be mutually agreed to between the Parent and the Company; and
    • comply with all requirements of registration as laid down by the local authority and the Children Act 2006, relevant to the Company; and
    • comply with all requirements laid down by the Company’s insurance company; and
    • provide suitable development experiences appropriate to the age and stage of development of the Child; and
    • notify the Parent of any accident or injury occurring whilst the Child is in the care of the Company; and
    • be available to discuss with the Parent the care and development of the Child, to be arranged if either the Parent or the Company requests it, at a mutually convenient time if so required by either party; and
    • provide the Child with meals (where applicable), such meals to be nutritionally balanced and prepared with due regard to the dietary, cultural and social requirements set; and
    • ensure the Child has opportunity to take part in the local community by joining in those activities listed in the Parental Agreement Contract; and
    • maintain the appropriate insurance cover, including Public Liability, House / Contents and Motor Insurance; and
    • ensure the Child is appropriately restrained in a safety seat or straps, according to the age and weight, when travelling in a motor vehicle.
• The Parent’s Obligations
  • 6.1    The Parent agrees to:
    • This is some text inside of a div block.
      • change of clothes; and
      • set of outdoor clothes, suitable for the weather; and
      • other items (including, but not limited to, toiletries, nappies, wipes, sun cream, all medications – including full instructions of use); and
• Fees and Method of Payment
  • 7.1    At the Company’s sole discretion the Fee shall be as indicated on the Parental Agreement Contract, in respect of Services provided, and charged at the current rate per part hour or session.
    7.2    An advance fee shall be required for each Child as indicated on the Parental Agreement Contract.
    7.3    Fees remain payable in full where the Child is absent through illness or any other reason, including the closure of the Nursery due to adverse weather or any other unforeseen emergency.
    7.4    Fees for bank holidays are charged at 50% of the standard Fee.
    7.5    The Child is entitled to four (4) weeks holiday per year. The quantity of days per each week’s holiday is equal to the quantity of days the Child attends the nursery per week. The holiday year runs from April 1st to March 31st, and holidays cannot be carried over to the following year. Where the Child joins the nursery part way through the year, the Child will be entitled to holidays on a pro-rata basis. Fees for holidays are charged at 50% of the standard Fee.
    7.6    A minimum of two (2) weeks advance notice, in writing, must be provided by the Parent to the Company of any holidays to be taken by the Child, otherwise the time for the holidays taken will be charged at the full Fee.
    7.7    At the Company’s sole discretion, a late fee shall be charged where the Parent collects the Child outside the contracted hours (as stipulated in the Parental Agreement Contract), regardless of circumstances. Subject to review, the late fee is charged per half hour, per Child at the normal Nursery rate. However if a child is picked after 6pm the charge is £30. Late drop off does not constitute late collection. If the Child is collected earlier than the stated contractual time, the full Fee shall still be applicable.
    7.8    Invoices for payment are issued monthly in advance. Payment shall be due one month in advance of the first attended session or pro-rata where the first attended session is part way through the calendar month.
    7.9    Payment will be made by cash, cheque, bank transfer, or by any othermethod as agreed to between the Parent and the Company.
    7.10    VAT and other taxes and duties that may be applicable shall be added to the Fee except when they are expressly included in the Fee.
    7.11    Receipt by the Company of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. The Company shall issue a receipt to the Parent upon payment.
• Delivery of Services
  • 8.1    The failure of the Company to deliver shall not entitle either party to treat this contract as repudiated.
    8.2    The Company shall not be liable for any loss or damage whatever due to failure by the Company to deliver the Services (or any of them) promptly or at all.
• Scope of the Services
  • 9.1    The Parent acknowledges that early drop off cannot be accepted without prior arrangement, as this is normally a limited service due to Ofsted registered childcare place restrictions.
    9.2    The Parent acknowledges that any personal property (including, but not limited to, clothing, toys and other items) must be marked with the Child's name. The Company accept no responsibility for any loss or damage to personal property.
    9.3    The Parent acknowledges that occasionally the Company will have the opportunity to go on trips further afield. The Company will inform the Parent beforehand and will give the Parent the opportunity for the Child to participate, in which the Parent will be required to fill in a consent form.Occasionally, a fee will be required for transport, entrance fees and any other applicable charges.
• Persons to Collect a Child
  • 10.1    The Child may be released into the care of either the Parent, guardian or a responsible person aged sixteen (16) years or over, into whose care a custodial Parent has signed permission for the Child to be released. This may include persons nominated as emergency contacts, persons nominated on the Parental Agreement Contract to collect the Child, or persons nominated to collect the Child on specific occasions.
    10.2    The person collecting the Child (other than the Parent) may be required to produce proof of identity to satisfy the Company of their bona fides before the Child will be released.
    10.3    The Company staff will not be responsible for the removal of a child from the Company by a non-custodial Parent or other person, however they will do all in their power to prevent this. In such a case, the Company staff will make every effort to contact the custodial Parent and Police.
• Termination of Enrolment
  • 11.1    The Company may cancel these terms and conditions or terminate the Child’s enrolment at any time by giving written notice to the Parent. The Company shall not be liable for any loss (including, but not limited to, loss of income) arising from such termination.
    11.2    When a child is to be withdrawn from care, the parent is to give two (2) weeks notice in writing. If the child does not attend the nursery during this notice period, or if a child is withdrawn without notice, the Fee equivalent to two (2) weeks shall be charged by the Company to the Parent. The Company reserves the right to withhold any advance Fee as payment in lieu of cancellation Fees.
    11.3    Notice of withdrawal will be accepted during the normal opening hours ofthe Company, and is effective from the date it is lodged with the Company.
• Termination of Enrolment
  • 12.1    It is the responsibility of the Parent to:

    • inform the Company if the Child has been ill within twenty-four (24)hours prior to intended attendance. The Company shall be entitled to decide whether or not to accept the sick Child for care; and
    • advise the Company if a Child is to be absent (other than illness) as soon as possible; and
    • provide the Company with at least two (2) weeks notice of annual leave; and inform the Company of the  length of the Child’s absence from the Company.
  • 12.2    A Child will not be able to attend the Company’s nursery for any periodof time during which:

    • the Child is suffering from a disease or condition which is contagiousthrough normal social contact; or
    • a medical practitioner has recommended the Child not attend; or
    • the Director of the Company requests that the sick Child be kept away from the Company because the Child requires care which the Company staff resources do not provide.
• Emergency Contacts
  • 13.1    The Parent must provide the Company with the names and addresses of two(2) responsible persons over the age of eighteen (18) who can collect the Child in case of an emergency or illness. When contacted by the Company Director or their delegate, the Parent (or a responsible person authorised by the Parent)must go immediately to the Company to collect the sick or injured Child.
• Medication
  • 14.1    Where the Child requires the administration of medication, the Parent will provide:

    • written permission for the Company to administer the medication; and
    • the correct medication in its original container; and
    • written instructions from a medical practitioner for the administration of non-prescription medication; and
    • the Company staff with the name and contact phone number of the Child’s doctor.
  • 14.2    The Company staff are authorised to administer medication only in accordance with the Parents written authority. In doing so, the Company staff are to be regarded as acting as the Parent’s agent. Staff are not liable for any allergic reaction or injury caused to the Child by the administration of the medication in accordance with the Parents written authority. Nor will they be responsible for any error contained in the written permission, or the supply of incorrect medication by the Parent.

    14.3    The Parent will notify the Company of any changes or developments in theChild's medical history.
• Accident or Emergency
  • 15.1    Whilst every reasonable effort shall be made by the Company to contact the Parent in the event of an accident or emergency, the Parent hereby gives authority to the Director or their delegate to, on behalf of the Parent, authorise the administration of medication, transportation to hospital and administration of treatment as is recommended by the Child's doctor, any attending doctor, ambulance officer, police or Government Officer.
  • 15.2    The Parent will be responsible for any costs incurred as a result oftransportation or treatment.
• Notification of Child Abuse
  • 16.1    By law, the Company staff are mandatory reporters, and as such, are obliged to report any suspected incidents of child abuse or mistreatment to the appropriate local authority.
• Court Action
  • 17.1    Should the Child be the subject of any court action, particularly custody or access issues, being heard before the Courts, the Company shall not allow staff to issue statements or provide reports regarding the Child, except where instructed to do so by the Court itself.
• Intellectual Property
  • 18.1    Where the Company has designed, drawn, written, or created educational systems, techniques and curriculum in relation to the Child, then the copyright in those designs, drawings, documents, systems, techniques and curriculum shall remain vested in the Company, and shall only be used by the Parent at the Company’s discretion.
• Quality Assurance
  • 19.1    Unless expressly requested otherwise in writing, the Parent permits the Company to photograph or video record the Child for quality assurance, promotional or marketing purposes, to be used within the Company, and local and national newspaper stories.
• Complaints Policy
  • 20.1    The Parent shall be entitled to report any concern they may have in relation to the Services, any matters of safety, care or quality of education, or where the Parent wishes to make a suggestion. These shall be addressed with the Director of the Company, where in most incidences the issue can be rectified.

    20.2    The Parent shall, within seven (7) days notify the Seller of any alleged defect, error, omission or failure to comply with the Services.  If the Parent shall fail to comply with this provision the Services shall be presumed to be free from any defect, error or omission. For defective Services, which the Company has agreed in writing, then the Company’s liability is limited to replacing the Services.
• Default and Consequences of Default
  • 21.1    Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.

    21.2    If the Parent defaults in payment of any invoice when due, the Parent shall indemnify the Company from and against all costs and disbursements incurred by the Company in pursuing the debt including legal costs on a solicitor and own client basis and the Company’s collection agency costs.

    21.3    Without prejudice to any other remedies the Company may have, if at anytime the Parent is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Services to the Parent and any of its other obligations under the terms and conditions.  The Company will not be liable to the Parent for any loss or damage the Parent suffers because the Company exercised its rights under this clause.

    21.4    If any account remains overdue after thirty (30) days then an amount of ₤20.00 shall be levied as an administration fee and shall be levied for each month that the account remains overdue, which sums shall become immediately due and payable.

    21.5    Without prejudice to the Company’s other remedies at law the Company shall be entitled to cancel all or any part of any order of the Parent which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Company shall, whether or not due for payment, become immediately payable in the event that:

    • any money payable to the Company becomes overdue, or in the Company’s opinion the Parent will be unable to meet its payments as they fall due; or
    • the Parent becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
    • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Parent or any asset of the Parent.
• Data Protection Act 2018
  • 22.1    The Parent and the Guarantor/s (if separate to the Parent) authorises the Company to:

    • collect, retain and use any information about the Parent, for the purpose of assessing the Parent’s credit worthiness or marketing products and services to the Parent; and
    • to disclose information about the Parent, whether collected by the Company from the Parent directly or obtained by the Company from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing a default by the Parent on publicly accessible credit reporting databases.

    22.2    The Company may also use information about the Parent to monitor and analyse its business.  In this connection the Parent authorises the Company to disclose personal information to agents or third parties engaged by the Company.

    22.3    The Parent consents to the transfer of information outside of the European Economic Area for the purposes listed above.

    22.4    Where the Parent is an individual the authorities under (clause 22.1) are authorities or consents for the purposes of the Data Protection Act 2018

    22.5    The Parent shall have the right to request the Company for a copy of the information about the Parent retained by the Company and the right to request the Company to correct any incorrect information about the Parent held by the Company.

    22.6    The Company is compliant with the General Data Protection Regulation (GDPR) and has a Privacy Notice in place.
• Limitation of Liability
  • 23.1    The Company shall be under no liability whatever to the Parent for any indirect loss and/or expense (including loss of profit or goodwill) suffered by the Parent or any third party arising out of a breach by the Company of these terms and conditions.

    23.2    In the event of any breach of this contract by the Company the remedies of the Parent shall be limited to damages and the Company’s liability (if any) whether in contract, tort or other wise in respect of any defect in the Services, or for any breach of these terms and conditions, or of any duty owed to the Parent in connection with them shall be limited to the amount of the Fee.

    23.3    For the avoidance of doubt, nothing in these terms and conditions shall exclude or restrict the Company’s liability for the death or personal injury to any person resulting from the Company’s negligence.
• Parent’s Disclaimer
  • 24.1    The Parent hereby disclaims any right to rescind, or cancel the contractor to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Parent by the Company and the Parent acknowledges that the Services are bought relying solely upon the Parent’s skill and judgment.
• General
  • 25.1    If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforce ability of the remaining provisions shall not be affected, prejudiced or impaired.

    25.2    These terms and conditions and any contract to which they apply shall be governed by the laws of England and Wales and are subject to the jurisdiction of the local court of England and Wales.

    25.3    The Parent shall not be entitled to set off against or deduct from the Fee any sums owed or claimed to be owed to the Parent by the Company.

    25.4    The Company may license or sub-contract all or any part of its rightsand obligations without the Parent’s consent.

    25.5    The Company reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Parent of such change. Except where the Company supplies further Services to the Parent and the Parent accepts such Services, the Parent shall be under no obligation to accept such changes.

    25.6    Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.