Brook Babes Limited

1 Confirmation of Booking

1.1 We require 4 weeks notice via email, to the manager of your setting and the accounts manager (brookbabes@btopenworld.com) for the cancellation/reduction of your booked space. Any changes within the 4 week notice period will be charged at the original contracted rate for the weeks within the 4 week period. (ie 3 weeks notice would result in a 1 week charge of the original contracted rate) Additionally, we require 8 weeks notice for any delay to your agreed start date. We cannot guarantee to be able to hold a place open for longer than 8 weeks after the original start date. Where less than 8 weeks' notice is given, the nursery will charge a one off fee equal to the daily rate of the reduced sessions.

2 Calculation of Fees and Charges

2.1 Nursery fees are Invoiced based on the contracted days in the upcoming month, less any relevant Bank Holidays/Closure Days. New starter costs will be invoiced from their start date.

Out of school club costs are also Invoiced based on the contracted days in the upcoming month, less any known Inset days. New starter costs will be calculated from their start date.

2.2 No deductions 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 fees or other charges by giving no less than one month's written notice of such increases.

2.4 The nursery will be closed on the working days between Christmas Day and New Year's Day, all Public Bank Holidays and one staff training day.

2.5 A late penalty charge may be made for the collection of a child by a parent/guardian. This will amount to £15 for each late collection, outside of the contracted services hours. This will not apply for occasional one off delays.

3 Payment of Fees

3.1 Invoices are payable on receipt and due in advance via Bank Transfer, Standing Order, the government Tax Free Childcare scheme or any applicable Childcare Vouchers.

3.2 Other fees or charges payable in addition to the monthly fees chargeable are payable as above.

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 by the 15th of the month. Any childcare vouchers received from the 16th will not take effect to reduce the direct debit payable for that month. They will instead be held and deducted against the fee invoice of the month thereafter

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. 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.

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 In addition to any sums payable 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 property due and owing to it under this contract.

5 Termination of Contract

5.1 This contract can be terminated by either party giving the other party not less than 4 weeks' written notice of termination, via email, including in the case of children in the preschool room leaving for school.

5.2 In the event of termination of the contract without the required 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 one month's fees plus any other fees or charges arising in respect of the month in which 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

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.

6 Variations or Amendments

6.1 Variations or amendments may only be made in respect of the contracted services by a parent/guardian. These changes must be made via email to the Nursery Manager at your setting 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 weeks' 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 weeks' 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 weeks' notice is given, the nursery will charge a one off fee equal to the daily rate of the reduced sessions.

6.4 If a parent/guardian wishes to increase the contracted services, written notice of such request must be made to the Nursery Manager. Whilst the nursery will try to accommodate any such request, this is subject to availability. Please note, where this relates to additional siblings, once you have been allocated a place, all relevent documentation must be complete in order to secure your place and prevent it from being reallocated.

6.5 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.

6.6 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.

6.7 The nursery cannot provide the facility to swap days in the event that your child is absent from nursery for any reason.

7 Exclusion/ Withdrawal of Child

7.1 We are committed to providing equality of opportunity and anti-discriminatory practice for all children and families according to their individual needs. However, the nursery reserves 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 parent/guardian or child 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 wellbeing 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 that any of the information supplied in the initial parent information forms completed by the parent/guardian on entry to the setting is incorrect or requires amendment. Any such notice should be addressed to the 'Nursery Manager'.

8.2 The nursery reserves the right to refuse to admit or provide childcare to any child in accordance with the nursery's policy on Medical Conditions as notified to parents/guardians from time to time.

8.3 If your child has a severe medical condition, 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.

9 Illness

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

9.2 The nursery reserves the right in line with its illness 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

10.1 Parents/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 may charge a fee in accordance with clause 2.6.

10.2 The Late Collection Policy shall form part of this contract.

11 Non-solicitation of team

11.1 The 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.

11.2 The 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.

12 Limitation of Liability

12.1 The 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. Parents/Guardians should only use the disabled bays in the car park if they are a registered badge holder.

12.2 Subject to any other provisions of this contract: The nursery shall not be liable for any special, indirect or consequential loss (all three of which terms include, without limitation.