Services
1.1      It is agreed that Best Friends Childcare Centre Limited (“the Centre”) will provide           you with daytime childcare services for your child as required by the Information           Pack forms or as required.
1.2     The service will be provided with reasonable care and skill and in compliance with           the Children Act 1999 and care Standards Act 2000.
1.3     The service will meet the requirements or and restrictions imposed by any                     insurance policy in regard to the provision of the services.
1.4     The provision of the service will normally include:
          1.4.1 Supervising the children;
          1.4.2 Providing suitable meals and snacks as appropriate;
          1.4.3 Providing suitable activities and tasks.

Fees
2.1     The current fees for the Centre’s services are as shown at Schedule 1.
2.2     All payments should be made one month in advance on the 1st of the month by                Standing Order. A £3.50 handling fee applies to all payments not made by                     Standing Order.
2.3     Without limiting the Centre’s other rights and remedies late payments received                without the agreement of the Centre will be subject to the administration fees as           set out in Schedule 2, or such greater sum that reflects the loss incurred by the           Centre, as set out in Schedule 2.
2.4     The current administration fees for various events and ancillary charges are set                out in Schedule 2.
2.5     Additional sessions will be invoiced separately at the full day rate and are payable           within 7days of the invoice date.
2.6     The level of fees is subject to review annually on the 1st April. One month’s                     advance notice of any fee changes will be given.
2.7     A £50 non-refundable registration fee is payable upon application for a place at the           Centre.
2.8     Fees are payable at the applicable rate for:
          2.8.1 public holidays;
          2.8.2 absence due to child’s illness;
          2.8.3 child’s holidays;
          2.8.4 any closure of the Centre due to circumstances beyond its control; and
          2.8.5 Christmas Day to New Year’s Day when the Centre is closed for training                and/or redecorating purposes. This period may be moved to alternative dates if           required.

Deposit
3.1     Once a start date at the Centre has been agreed, you must provide a deposit of           £150 in order to secure the start date.
3.2     If after payment of the deposit you wish to amend the start date the first deposit           will be forfeit and a further deposit of £150 will be required if the new start date is           more than 7 days before or after the original start date.
3.3     Any request to amend a start date by more than 21 days may result in the loss of           the place as the same may be offered to another child.
3.4     Deposits (unless forfeit) will be held for the period that your child remains at the           Centre and will be deducted from the final month’s fees.  
3.5     All interest accruing on the deposit will belong to the Centre.
3.6     Without limiting the Centre’s other rights and remedies in the event that fees are           unpaid the Centre reserves the right to forfeit such part of the deposit as is equal           to the sum outstanding.
3.7     The deposit is non-refundable and will be forfeit if the place is cancelled by you                less than 28 days before the arranged start date.

Charges and Cancellation
4.1     Either party may change a session by giving a minimum of 4 weeks advance notice           in writing. The notice period should expire at the end of a calendar month.
4.2     Either party may terminate a child’s place at the Centre by giving a minimum of 8           weeks advance notice in writing.  The notice period should expire at the end of a           calendar month.
4.3     Without limiting the Centre’s other rights and remedies in the event that fees are           unpaid the Centre reserves the right to terminate a child’s place at the Centre                immediately or suspend the provision of services by notice in writing.
4.4     The Centre reserves the right to alter sessions or hours of a session, if the                     circumstances dictate, without providing the notice period set out in clause 4.1.

Refunds
5.1     Refunds will be only be payable at the discretion of the Centre.
5.2     The issue of a refund on any occasion will not be seen as a waiver of fees to be           applied in any other circumstances or for the same circumstances in the future.

Warranty and Liability
6.1     You warrant that the Centre can rely on the information you provide as correct                including the information in the information pack and acknowledge that the Centre           has no liability for any loss, damage, costs, expenses or other claims for                     compensation, howsoever arising as a result of any incomplete or incorrect                     information being provided or your failure to provide information.  This is subject to           clause 6.3 below.
6.2     The Centre shall not be liable to you for any loss arising from the provision or non-           provision of the Centre’s services, howsoever caused, including loss, consequential           loss or damages.
6.3     Nothing in these Terms and Conditions affects any liability for death or personal                injury caused by the Centre’s negligence, or the your statutory rights as a                     consumer.

Suspension
7.1     The Centre may suspend the provision of services to you at any time, if:
          7.1.1 You have failed to pay the Centre’s fees;
          7.1.2 Your child’s behaviour at the Centre is deemed to be unacceptable or                             endangers the safety and well-being of the other children or staff at the                        Centre. The suspension will continue whilst we try and address the issues                   with you;
          7.1.3 Your child becomes ill or is suffering from a contagious illness.Your child will                   not be allowed to attend the Centre until the contamination period has                        passed and/or 48 hours after the start of medication. 
7.2     If the period of suspension exceeds one month, either party may terminate this                contract by written notice.

Child Collection
8.1     The Centre will only release your child to you or the people identified by you in the           Information Pack, after following the procedures set out in that document..
8.2     If you identify people in the Information Pack as being authorised to collect your           child, you acknowledge that the Centre is entitled to rely on that information.

Data Protection
9.1     The Centre is registered under the Data Protection Act 1998 to process personal           information pursuant to the provision of child care.
9.2     Personal information provided by you shall only be used for the purpose of providing           the childcare services.
9.3     You can correct any information, or ask for information about you to be deleted,           by giving written notice to the Centre at the address given in the Information                Pack.
9.4     The Centre operates a CCTV system covering the outside of the Centre for safety           purposes. You and your child may be captured on this CCTV system whilst outside           of the Centre.  The recordings will only be viewed by authorised members of staff,           or authorised law enforcement officers.  The recordings will be dealt with in                     accordance with the provisions of the Data Protection Act 1998.
9.5     It is a term of this Contract that you understand and agree to the procuring of                personal data (including sensitive personal data) in this way of which you, your           child or a connection may be the subject. 
 

Staff
10.1   You may not either during the term of this contract or in the 12 month period                thereafter employ in any capacity or otherwise engage the services of any                     member of the staff at the Centre without prior written permission of a director or           Gemma Jones.
10.2   If written permission is granted under clause 10.1, the Centre is neither involved           nor liable in any way for that employee whilst they are working for you.
10.3   In the event of a breach of clause 10.1 then without limiting its remaining rights,           the Centre reserves the right
         10.3.1 to terminate your child’s place at the Centre with immediate effect and/or
         10.3.2 to recover from you all losses, damage, costs and expenses directly or                indirectly arising as a result of such breach.
10.4   If you employ an employee or ex-employee of the Centre within 12 months of your           child leaving the Centre, these Terms and Conditions will still apply.

Medical and Ancillary Information
11.1   You must ensure the Centre has received completed medical and ancillary forms                included within the Information Pack, prior to your child attending the nursery.
11.2    Should the information on the forms change, you must immediately inform the                Centre of any changes.

Alteration of Terms
            The Centre reserves the right to add to, remove or alter these terms and                     conditions without notice.

Reporting Duties
          The Centre is under an obligation to report any instances where we consider that           a child may have been neglected or abused to the relevant authorities.  We may           do so without your consent and/or without informing you where we are under a           legal duty to report.

Jurisdiction
          These Terms and Conditions and Contract will be subject to English law and the           English courts will have jurisdiction in respect of any dispute arising.

Definitions
15.1    The “Centre” means Best Friends Childcare Centre Limited.
15.2    “Contract” means the contract for the provision of services provided by the                Centre to you, as set out in these Terms and Conditions;
15.3    All references to “you” mean the person or people signing this Contract
15.4    “Information Pack” means the document containing forms to be completed by you           and containing information about the Centre and how it operates.