Terms and Conditions

Happiness Guarentee

We are so confident you and your child will be happy at Kids Allowed that we support it with a money back guarantee! If you or your child don’t love it at Kids Allowed, you can leave any time in your first 4 weeks, waiving your notice period and getting your money back for the sessions attended. We can’t say fairer than that! “Happiness, Guaranteed!”

Flexible Attendance

You can make changes to your attendance pattern, in addition you can book extra sessions as and when needed. We also offer a much valued swap session facility allowing you to swap your usual session for a different session.

Discounts

We give a 2.5% sibling discount on the childcare fees for all of your children with contracted sessions. Please note only one discount can be used per child.

Inclusive Fees

Fees are inclusive of all food and drinks (including formula milk for children in the Baby Room), nappies, barrier cream, wipes and sun cream. The above fees are valid at 1st October 2015. Fees are typically reviewed every Autumn.

Half Day Sessions

A morning session is 08.00hrs until 12.30hrs and an afternoon session is 13.30hrs to 18.00hrs

Payment

Fees are paid monthly in advance via direct debit which is taken on the 1st working day of each month. We accept childcare vouchers from all registered voucher providers, see Clause 3.3 for details. Invoices and statements are emailed to be environmentally friendly. Paper copies can be posted for a fee of £2.50 per month.

Opening Hours

The Nursery is open 08.00hrs to 18.00hrs Monday to Friday excluding bank holidays. Early drop off and late pick up is available at an extra cost, please discuss your requirements with us if they differ from our standard opening hours. The nursery will be closed for the working days between Christmas Day and New Year’s Day and all public Bank Holidays. A ‘half day’ morning session is 8.00hrs until 12.30hrs and a ‘half day’ afternoon session is 13.30hrs to 18.00hrs. Please note you can add 30 minute blocks to these half day sessions in the middle of the day (to a maximum of 90 minutes for £1 per 30 minutes.) A ‘full day’ is 8:00hrs to 18:00hrs.

Govement Grants

Children aged 3 and over may benefit from the Nursery Education Grant. It applies to all children from their first full term at Kids Allowed after their 3rd birthday until they begin primary education. We will administer the grant fully on your behalf. The amount of the grant will depend upon the number of sessions attended per week and the Local Education Authority of your chosen Centre.

Charitable Donation

We are proud supporter of Millie’s Trust. £1 is added to your invoice each month to support this local charity. (Millie’s Trust also train all Kids Allowed colleagues in paediatric First Aid and run regular parent workshops for Kids Allowed Parents)

Minimum Booking

You can book a regular pattern for a minimum of one half day per week, however we recommend your child attends Kids Allowed at least twice a week to ensure their visit to Kids Allowed becomes a regular routine of their week. In our experience children who only attend once a week can sometimes find it difficult to settle. However, we will be guided by parents as you know your children best!

Over-Booking

We respectfully request that parents do not book more sessions than they require or request a start date earlier than they intend to use. Kids Allowed is a very popular nursery and parents who book days they do not require prevents us from offering those sessions to other customers who may need those days. In this regard, we draw your attention to clauses 6.3 and 6.4 in the Terms & Conditions.

Terms & Conditions

Below are the standard terms and conditions of Kids Allowed Limited (nursery) detailing the basis of the contract (contract) between the nursery and you, the parent or guardian (parent/guardian) of the child detailed (child) in respect of the provision of the nursery services as detailed (contracted services).

1    Confirmation of Booking

1.1 Completion of this form does not constitute confirmation of a place.

On receipt of this completed form, registration fee and completed Direct Debit mandate, the nursery will check availability in line with its Admissions Policy. You will receive a letter, subject to availability of sessions, within 7 days of receipt, confirming acceptance of the requested sessions or agreed alternatives. Upon the said letter being sent to you (typically sent by e-mail with an attachment copy of your terms and conditions), this contract will come into effect and the contracted services will be confirmed.

2    Calculation of Fees and Charges

2.1 Full time nursery fees are calculated as a monthly average to create a fixed monthly fee, on the basis of a rolling 52 weeks and are then divided by 12. Part time nursery fees are  calculated based on actual sessions per month.

No deductions shall be made to nursery fees to take account of public holidays or the working days between Christmas and New Year when the nursery is closed or on ‘inset days’ (see clause 15 regarding inset days).

2.2 No credits shall be made to any fees to take account of periods of absence, for whatever reason (including but not limited to illness, holidays or temporary exclusion for whatever reason), by a child from the nursery.

2.3 The nursery may from time to time increase any fees or other charges on giving not less than 4 weeks written notice of such increases.

2.4.      No deduction shall be made for days when the nursery is unable to provide the contracted services or we cancel such services.

The nursery accepts no liability for any costs or expenses suffered by a parent/guardian as a result of any such unavailability or cancellation and your attention is drawn to clauses 6.7 and 12 in this regard

2.5 The nursery will be closed from 4:00pm on Christmas Eve and will reopen on the first working day of the New Year. The nursery will also be closed on all Public Bank Holidays. If your booking pattern falls on these days, no credits shall be made to any fees or charges payable under this contract to take account of the fact the services shall not be provided on these days. You are allowed to “swap” your contracted sessions that fall on these days for other sessions at the cost of £0.01 subject to availability. These sessions must be used within same month or up to 12 months after but must be booked within 8 weeks of the bank holiday. If you attend full time, your fees have already been discounted to take these closures into account., therefore swaps are not available on this contract.

2.6 Extra charges, as per the current price list will be made for collection or drop off of a child by a parent/guardian for each 15 minute period (or part thereof) outside of the contracted services hours. Collections after 6.30pm are charged at £8 per 15 minutes.

2.7 Early drop off of a child before commencement of the contracted services may be made by prior arrangement with the nursery. An extra charge as per the current price list. For each half hour or part thereof shall be made for pre- arranged early drop off supervision. Early drop offs which have not been agreed in advance with the nursery shall incur the extra charges as set out in clause 2.6.

3    Payment of Fees

3.1 Fees are payable monthly in advance on the first working day of each calendar month by direct debit only.

3.2 Other fees or charges payable in addition to the monthly fees chargeable shall be paid by direct debit on the first day of the month following the month in which such additional fees or charges arose.

3.3 Partial or full payment of fees (including payment made by childcare vouchers) must be received and cleared in the parent/guardian’s nursery account 7 days before the direct debit is collected. Any childcare vouchers received after this time will not take effect to reduce the direct debit payable for that month.

3.4   The happiness guarantee can be invoked anytime in the first 4 weeks of using the service. Once you commence attendance of the 5th week, the option to invoke the happiness guarantee expires. The happiness guarantee can only be used once per child. The refund is for all sessions attended in the first 4 weeks and does not include the registration fee which is non-refundable.

3.5 On invoking the happiness guarantee, we would not accept a subsequent registration for the same child.

3.6 The only exception to 3.5 being that the refund issued as part of the Happiness Guarantee would be returned in full at the stage of re-registration.

4    Non/Late Payment of Fees

4.1 The nursery regards non- or late payment of fees or other charges as a material breach of this contract. A fixed administration charge of £10 is payable in respect of any direct debit instruction issued to the parent/guardian’s bank/ building society in respect of fees or other charges payable under this contract which is either not initiated by that bank/building society or is not received by the nursery as required by clause 3.1. In the event of non-payment or late payment of fees in breach of this contract the nursery shall serve written notice of such non- or late payment requiring payment to be made within 7 days of the date of the notice on the parent/guardian. The nursery reserves the right to make an administrative charge of £40 for each such notice served.

4.2 In the event that any fees or other charges are not paid within 7 days of the date of the notice of non-payment served under clause 4.1, the nursery reserves the right to terminate the contract without notice thereafter.

4.3 Notwithstanding clause 4.2, any service of notice to terminate shall constitute formal demand of all outstanding fees and charges.

4.4 Upon termination of the contract, the nursery shall have no further obligation to provide the contracted services in accordance with clause 5.4.

4.5 The nursery reserves the right to charge interest on a daily basis on any outstanding fees or any other sums due hereunder from their due date until the date of payment. Interest shall be charged at the rate of 3% per annum above the base rate of Barclays Bank from time to time.

4.6 In addition to any sums payable under clause 4.5 or otherwise under this contract, the parent/guardian agrees and undertakes to indemnify the nursery for and against any and all costs, fees, charges and expenses the nursery may incur as a result of or arising from late or non-payment of charges payable under this contract, including, but not limited to, for the avoidance of doubt, any and all legal and other professional fees and expenses it may incur as a result of instituting legal or other proceedings against a parent/guardian for non or late payment of charges properly due and owing to it under this contract.

5    Termination of Contract

5.1 The contract can be terminated by either party giving the other party not less than between 4 and 8 weeks written notice, depending on the time of the month notice is served.  Notice served before 15th of the month must not be less than 4 weeks.  Notice served after 15th of the month must take the contracted services to at least the last day of the following month as the invoices for those services will already have been raised.  Contracts can be ended on any day of the month given enough notice.

5.2 In the event of termination of the contract without the requisite notice by a parent/guardian as set out in clause 5.1 above, the parent/guardian shall immediately pay to the nursery a termination fee equal to two full month’s fees plus any other fees or charges arising in respect of the two months after the contract is terminated.

5.3 The nursery will not tolerate any abuse, whether verbal or physical, of its team members by parents/guardians. In the event of such abuse the nursery reserves the right to terminate this contract immediately without notice and to exclude that parent/guardian’s child in accordance with clause 7.1(b)

5.4 Upon termination of the contract for whatever reason, whether by notice or otherwise, the nursery shall have no further obligation to provide the contracted services.

5.5 Once a contract is terminated, a new contract for the same child cannot commence sooner than 10 weeks from the previous contract’s termination date.

6    Variations or Amendments

6.1 Variations or amendments may only be made in respect of the contracted services by a parent/guardian if written notice of such variation or amendment is given to the Centre Manager in accordance with clauses 6.2 to 6.5 below.

6.2 Parents/guardians whose children have commenced their childcare at the nursery shall give not less than 4 week’s written notice of any required reduction in the contracted services. Where less than 4 week’s notice is given, the nursery reserves the right to continue to charge in full for the contracted services up to the date on which the 4 week’s notice would have expired if it had been given.

6.3 Parents/guardians whose children have not yet commenced their childcare at the nursery shall give not less than 8 week’s written notice of any required reduction in the contracted services. Where less than 8 week’s notice is given, the nursery reserves the right to charge a one off fee equal to the daily rate of the reduced sessions.

6.4 If a parent/guardian wishes to delay the start date of the contracted services, not less than 8 week’s written notice before your original start date must be served on Central Support. One delay to the start date is allowed, however if subsequent delays are requested, in order to retain the accepted place the parent/guardian can either pay 50% of the contracted rate for the contracted services from the contracted start date up to the date the child actually starts or place the child back on the nursery waiting list in which case no further charges shall be payable. Please note that any delay in your agreed start date may result in the loss of agreed discounts to your price.

6.5 If a parent/guardian wishes to increase the contracted services, written notice of such request must be served on the Centre Manager. Whilst the nursery will try to accommodate any such request, the nursery gives no guarantee that it shall be able to do so, either immediately or at all.

6.6 The nursery may, in its absolute discretion, take the decision to close without prior notice, due to adverse weather, or other circumstances outside the nursery’s control. If the nursery should close in such circumstances, the nursery shall be under no obligation to provide the contracted services or to provide alternative care facilities for the child and the parent/guardian will not be entitled to any refund of fees.

6.7 A partial refund of a full time place registration fee will be credited to your account against your first month’s fees as long as you are attending full time. If you have reduced your pattern either prior to starting or within 4 weeks of starting, we will retain the full amount. The partial refund is £150.

6.8 The nursery may in its absolute discretion change any of its terms and conditions upon giving parents/guardians not less than 4 week’s written notice of same.

7    Exclusion/ Withdrawal of Child

7.1 The nursery reserves absolutely the right to refuse admission to a child or exclude a child from the nursery on a permanent or temporary basis for the following reasons:

(a) where care of a particular or specialist type is either required by the child or requested by the parent/guardian and the nursery is unable to provide same or the parent/guardian refuses consent to the provision of same by the nursery; or

(b) the behaviour of the child or parent/guardian is such that the nursery, in its absolute discretion, considers that their presence at the nursery or their actions are detrimental to the health, safety or well being of the child itself, any other child at the nursery or any team members.

So far as it is reasonably able to do so in the circumstances, the nursery shall communicate its reasons for the exclusion in writing to the parent/guardian prior to any such exclusion being affected.

7.2 Permanent exclusion of a child under clause 7.1 shall immediately terminate the contract whereupon clause 5.4 shall apply.

8    Medical Conditions

8.1 Each parent/guardian undertakes to advise the nursery immediately in writing upon them becoming aware of any required amendments to medical information, or incorrect medical information, held by Kids allowed.   Any such notice should be addressed to the ‘Centre Manager’.

8.2 If you have ticked “Yes” to the Severe Medical Condition question, the nursery will require a meeting prior to confirming a place to complete a risk assessment and training plan to verify that we are able to offer suitable child care for your child. This offer is made at our sole discretion.

9    Illness

9.1 If the child is unwell and cannot attend the nursery the parent/guardian must inform the nursery by 9.30 am on the day on which the child was due to attend.

9.2 The nursery reserves the right in line with its illness and injury policy (in its absolute discretion) to refuse to admit the child if he/she appears to be unwell.

9.3 If the child becomes unwell during the day, the parent/guardian must arrange for the child to be collected as soon as possible upon notification from the nursery.

10 Late Collection

10.1Parents/guardians undertake to provide the nursery with as much advance notice as is possible in the circumstances regarding any late collection of a child. In the event of late collection the nursery shall charge a fee in accordance with clause 2.6.

10.2The Late Collection Policy (which is available to view on the parent’s website) shall form part of this contract.

11 Non-solicitation of team and Babysitting

11.1The parent/guardian undertakes that they shall not, during this contract or for a period of 6 months following termination of this contract, employ, solicit or entice away or seek to entice away from the nursery’s employment any person who was employed by the nursery at the date of termination of this contract or in the 6 month period prior to the termination of this contract.

11.2The parent/guardian agrees that in the event that clause 11.1 is breached by them they will immediately pay the nursery a sum equal to 2 month’s salary of the relevant employee so employed, solicited or enticed away by them, which sum the nursery estimates it will cost to replace the said employee.

11.3This clause 11 shall not apply where the employment or solicitation relates exclusively to the provision of babysitting services by a person employed by the nursery to the parent/guardian, where the babysitting takes place entirely outside the nursery’s normal opening hours. However, where a parent/guardian does engage a person employed by the nursery on such a basis the parent/ guardian acknowledges that they do so entirely at their own risk and that neither the nursery nor its insurers shall have any responsibility or liability whatsoever in that regard.

12 Limitation of Liability

12.1The nursery shall have no liability whatsoever to any parent/guardian or child in relation to loss of or damage to the goods or property of any parent/guardian or the goods or property of any child admitted to the nursery (even if such loss is caused by the nursery’s negligence). Any property brought by the child or the parent/guardian to, or left by them at, the nursery is done so entirely at their own risk. This includes use of the car park and your car and contents. The parent/guardian should use the Kids Allowed car park on drop off and collection and not the car parks of neighbouring businesses. Parents/Guardians should only use the disabled bays in the Kids Allowed car park if they are a registered badge holder.

12.2 Subject to any other provisions of this contract:

(a) the nursery shall not be liable for any special, indirect or consequential loss (all three of which terms include, without limitation pure economic loss, loss of profits, loss of goodwill, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any failure to provide the contracted services (even if caused by the nursery’s negligence);

(b) the nursery shall not be in breach of this contract or otherwise liable to the parent/guardian or child by reason of any delay or failure of performance of the contracted services due to an event outside its reasonable control including (but not limited to) “acts of God”, adverse weather, fire, lightning, war, flood, acts of terrorism, strikes or other industrial action; and

(c) the liability of the nursery in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever arising by reason of or in connection with this contract shall be subject to a maximum of £5,000,000.

12.3Nothing in this contract shall exclude or limit the nursery’s liability in respect of death or personal injury or for any matter in respect of which it would be unlawful for the nursery to exclude or to attempt to exclude liability for.

13  Data Protection Registration

We are registered under the Data Protection Act 1998.

14 Charitable Donation

In addition to any other fees or charges payable under this contract, a charge of £1 shall be payable each month in respect of each family attending the nursery 100% of which goes to our chosen charity.

15 ‘Inset Days’

The nursery is committed to raising the standards of nursery childcare and supporting its employees to do this by providing the training and development opportunities they need to keep their skills and knowledge up-to-date. One day in each calendar year known as an ‘inset day’ shall be set aside by the nursery for this purpose. At least 3 months written notice of each ‘inset day’ shall be given by the nursery. No deductions shall be made to any fees or charges payable under this contract to take account of the fact the services shall not be provided on such ‘inset days’