1. Definitions

1.1 The definitions below apply in these terms and conditions.

“Child” the child or children who are named in the Enrolment Form;

“You” the person who purchases the Services from Us;

“Services” the services of a term-time nursery during the sessions indicated in the Enrolment Form, together with any other services which We provide, or agree to provide, to You;

‘The Barn’ “Us” or ‘We’ The Barn Nursery School in Wootton St Lawrence.

1.2 A reference to writing or written includes email.

2. Formation of the contract

2.1 A contract for the Services will be formed between You and The Barn once You have given Us a signed, fully completed, Enrolment Form and enrolment fee, and We have confirmed to You in writing that Your application for a place has been successful. If You are unable to pay the enrolment fee, We will work with You to ensure that your child can still access educational provision at The Barn.

2.2 These terms and conditions govern the contract between You and Us for the Services.

No other terms apply unless they are in:

2.2.1 A document issued to You by Us,

2.2.2 A policy issued to You by Us,

2.2.3 A letter that is signed by both You and Us.

3. Duration of the contract

3.1 The contract shall last until it is terminated by either You or Us giving to the other, in writing, a full term’s notice (a term’s notice is defined as a full and continuous term and not the number of weeks equivalent to a term). The contract can, in some circumstances, be terminated under Clause 4 below or under clause 18.

3.2 You are liable for nursery fees during the notice period.

4. Suspension of the Services

The Services may be suspended (meaning the Child is temporarily not able to attend the nursery) in the circumstances set out in The Barn’s Critical Incident Policy, or in the circumstances set out in clause 19. If the Services are suspended for a period of more than 4 Weeks, We or You may terminate the contract by giving the other 4 Week’s written notice.

5. Our Obligations

5.1 We will Use all reasonable efforts to provide the Services to You, in accordance with all material respects with these terms and conditions and any other documents referred to in 2.2 above.

5.2 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.

5.3 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), or if We deem that Your behaviour is inappropriate to manage, then We shall be permitted to request that You to withdraw the Child and no further fees will be payable by You after that date.

6. Your obligations

6.1 You shall:

6.1.1 Co-operate with Us;

6.1.2 Treat our staff with the same respect You would expect to receive.

6.1.3 Provide to Us such information as We may reasonably require about

6.1.3.1 The Child

6.1.3.1.1 Any known medical condition, health problem, allergy, or diagnosed dietary requirement;

6.1.3.1.2 Any prescribed medication;

6.1.3.1.3 Any lack of any vaccination which the Child would ordinarily have by their age;

6.1.3.1.4 Any family circumstances or court orders affecting the Child;

6.1.3.1.5 Any concerns about the Child’s safety; and

6.1.3.2 Your contact details, and those of Your authorised persons who may collect the Child.

6.1.3.2.1 In the best interests of the child that is unwell at nursery We request that You or one of the authorised persons who can collect are within one hour travelling distance from The Barn.

6.2 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.

6.3 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.

7. Charges and payment

7.1 You shall pay the charges as set out in the fees table provided to You at the time of Your registration.

7.2 Charges are due even if the Child is absent.

7.3 VAT is not charged on nursery fees (nursery provision is an exempt supply for VAT purposes).

7.4 Fees are invoiced at the beginning of term. Payment is due within 14 days of the invoice date unless you have elected to pay monthly. 

7.5 All payments must be made by direct debit, standing order, childcare vouchers or via a Tax-Free Childcare account.  We do not accept cash or cheque payments.

7.6 We may increase our charges and will give You written notice of any such increase four weeks before the proposed date of increase.  We will Usually only increase our fees once a year to take effect in September.

7.7 Without restricting any other legal right that We may have, if You fail to pay Us on time, We may:

7.7.1 Make an interest charge on late fees at the rate of 5% over The Royal Bank of Scotland base rate. Unless otherwise notified to You in writing, interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us the interest together with the overdue amount. 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.

7.7.2 Suspend all Services until payment has been made in full, which will include the suspension of the Child, or even terminate the contract permanently.

7.7.3 If You owe Us any money, and make a claim against Us, We may set off what You owe Us against what You are claiming from Us.

8. Reducing sessions

You are required to give Us a full term’s written notice of a reduction in the hours per week You require. A term’s notice is defined as a full and continuous term and not the number of weeks equivalent to a term. This notice period applies to all sessions, including Little Explorers sessions.

9. Funded nursery education

If You wish to take up Your funded nursery education, You are required to complete and sign a Parental Declaration on an annual basis, detailing how and when You will take up the funded sessions.

10. Welfare of the Child

10.1 We will do all that is reasonable to safeguard and promote the Child’s Welfare and to provide care to at least the standard required by law and often to a much higher standard.

10.2 We will respect the Child’s human rights and freedoms which must, however, be balanced with the lawful needs and rules of our nursery and rights and freedoms of others.

10.3 You consent to such physical contact as may be lawful in accordance with good practice and be appropriate and proper for teaching and instruction and for providing comfort to a Child in distress, or to maintain safety and good order, or in connection with the Child’s health and Welfare.

11. Health and medical matters

11.1 If the Child shows signs of being unwell, in the opinion of the EYFS Lead, either on arrival or during the nursery session, the EYFS Lead may ask You to come and collect the Child as soon as possible. The nursery will contact You or the emergency contact indicated on the Enrolment Form. You must inform Us immediately of any changes to these contact details. 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 anaesthetic or operation, or blood transfusion unless You have previously notified Us You object to blood transfusions or other medical procedures).

11.2 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. We take guidance from recognised health sources such as NHS for appropriate exclusion periods.

11.3 You must notify the EYFS Lead if the Child is absent from the nursery through sickness or for any other reasons.

11.4 If the Child has been sent home from the nursery because of ill health, he/she will only be re-admitted if in the opinion of the EYFS Lead the child has returned to good health.

11.5 As regards medication, and the administration of it to a Child, please refer to the Barn’s Health and Safety Policies.

12. Allergies

If You have told Us that Your Child has any allergies all reasonable care will be taken to ensure that the Child does not come into contact with certain foods.

13. 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. Please refer to The Barn’s Safeguarding Policy.

14. Limitation of liability

14.1 This clause sets out our (and our employees’, agents’, consultants’ and subcontractors’) liability to You in respect of the contract.

14.2 All terms implied by law are, to the fullest extent permitted by law, excluded or deleted from the contract.

14.3 Nothing in these terms and conditions in any way limits our liability for fraud, or for death or personal injury resulting from negligence.

14.4 We shall not be liable for:

14.4.1 Any loss or damage to any toys, equipment or bags, clothing etc. You may bring into our nursery;

14.4.2 Any accident, loss or damage to any vehicles, or items stored within them that are parked near The Barn;

14.4.3 Loss of any profits, or consequential loss; or any other indirect loss; and

14.5 Subject always to clause 14.3, our total liability (in contract, tort including negligence or breach of statutory duty, or otherwise) shall be limited to the cumulative price paid by You for the Services over the course of the contract.

15. Data protection

15.1 You agree that Your personal data will be processed by and on behalf of Us in connection with the Services in accordance with The Barn’s Data Protection Policy.

15.2 We may take photographs and/or videos of Your Child for promotional, training and as evidence of their development only. If You do not wish for Your Child to be included in such photographs or videos, please inform Us by completing the ‘permission form’ given to You on enrolment, or by writing to the EYFS Lead.

15.3 You agree that details of Your name, address and payment record may be submitted to third parties in the event of non-payment of fees.

16. Security

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.

17. Complaints and concerns

Please address any complaint or concern to the EYFS Lead, in the first instance, and if the matter is not resolved within a reasonable period, please refer it to Abigail Compton-Burnett. Please also refer to our Concerns and Complaints Policy which shall apply to any complaints received by Us.

18. Termination for breach of contract, or bankruptcy/insolvency

18.1 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:

18.1.1 The other party fails to pay any amount due under the contract on the due date for payment and remains in default for 10 days or more; or

18.1.2 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; or

18.1.3 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.

18.2 On termination of the contract for any reason You shall immediately pay all of our outstanding unpaid invoices 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.

19. Events that are beyond our control

If it is, in our reasonable opinion, necessary or in the interests of the Child to do so, We may close The Barn even though our business interruption insurance will not cover Us for the closure. In these circumstances, We will charge You for the time the nursery is closed. For example, We may close because of severe Weather conditions, outbreak of flu, swine flu or other illnesses etc.

20. 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.

21. Changes to these terms and conditions

21.1 We may change these terms and conditions where such a change arises from changes in regulations or legislation affecting Us.

21.2 We may change any other terms in these terms and conditions provided. We will give You at least 4 Week’s written notice of our intention to do so.

22. 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.

23. 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.

24. Rights of third parties

A person who is not a party to the contract shall not have any rights under or connection with it.

25. Governing law and jurisdiction

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.