Terms and Conditions

The document and the terms and conditions within it govern the basis on which Little Acers Preschool (referred to here as [‘we’/ ‘our’] agree to provide childcare services to parent(s)/guardian(s) (referred to as ‘you’).

Only a parent/guardian with parental responsibility for a child can register that child for a childcare place at Little Acers Preschool.  We will ask to see your child’s birth certificate or other relevant documentation, to confirm that you have parental responsibility for the child as part of our registration process.

Our details:

Little Acers Preschool at Lea and Garsdon

Company Houses Number:14712071.

Address: Little Acers Preschool at Lea and Garsdon, Lea and Garsdon C OF E Primary School, The Street, Lea, Malmesbury. SN16 9PG.

Telephone:

Email: [email protected]

(proposed) Ofsted URN: 2733253

Insured by: Morton Michel

Poppy Grice and Laura Montacute – Operation Managers

Information about us:

  • We are a limited company.
  • We trade under the name Little Acers Limited.
  • We are registered in England and Wales under company number 14712071.
  • We are going to be registered with Ofsted.  We will comply all times with all relevant requirements, rules and guidance provided by Ofsted.
  • We are also members of the Early Years Alliance, The Curiosity Approach Academy and Eco Schools.

Terms and conditions:

1. Our obligation to you

1.1          We will inform you as soon as possible whether your application for a place has been successful.  You must confirm within one week of receiving notification that you still wish to take up a place.  If you do not then the offer of a place may be withdrawn.

1.2          We will provide the agreed childcare facilities for your child at the agreed times (subject to any days when we are closed).  If we change the opening hours, we will give you as much notice of our decision as possible and, if necessary, will work with you to agree a change of your child’s hours of attendance. 

1.3          We will adhere to the principles of the General Data Protection Regulations (2018) when collecting and processing information about you and your child.  We explain how your data is processed, collected, kept up-to-date in our Privacy Notice which is given to you at the point of registration. 

1.4          We will try to accommodate any requests you may make for additional sessions and/or extended hours of childcare.  We are open from 9am-3pm, Monday-Friday, with a breakfast and after school club.

1.5          We will notify you as soon as possible of any days we will be closed.

1.6          We will treat your child with the utmost respect and dignity.  We will never use or threaten any type of punishment that could adversely affect a child’s wellbeing.

1.7          We will provide you with regular verbal updates as to your child’s progress and we will agree times to discuss with you the progress of your child or any other aspects of our childcare services as and when required.

1.8          We will comply with the requirements of the Early Years Foundation Stage and our Ofsted registration in regards to the children services we provide for your child.

1.9          We will provide you with details of our policies and procedures, which outline how we satisfy the requirements of the EYFS in our everyday practice; our policies and procedures are reviewed annually and so changes will be made over time.  We will be available to discuss or explain or policies and procedures, and/or relevant changes, at a mutually agreed time.  Our policies can be found on our website and in the Preschool building.

1.10        We will maintain appropriate insurance to cover our childcare activities.

1.11        We will try to make a place available to any of your other children.  However, we cannot guarantee that a place will be available.

2.0.         Your obligation to us

2.1          To apply to register your Child with us you should submit a request in writing, via email.  Staff will respond by sending you a Booking Form, Privacy Notice, Prospectus, fee schedule and T&C’s.

2.2          You will need to complete and return our Booking Form.  When we receive such a request, we will consider all information provided and will make a decision within 15 Business Days.  During that period we may ask you to provide additional information to clarify or support the Booking Form.At this stage there is no binding contract between us.

2.3          If we decide to progress your booking form for a preschool place for your child, we will send you a

Registration Form for you to sign.A non-returnable booking fee of £60.00 is required one full term prior to joining the Little Acers Preschool, when completing the Registration Form.  This is confirmation that you will be taking a place at the Little Acers Preschool.  Once the booking fee has been paid, you will be liable to pay for the first full terms fees should the place not be taken.  There will only be a binding contract between us once we have confirmed acceptance of the terms of your Registration Form.  We will send you an acceptance letter welcoming your child to Little Acers Preschool.

2.4          You must notify us immediately of any changes to the information you have provided us and keep us informed of any other necessary information that may affect the childcare that we provide for your child.

2.5          The Registration Formincludes medicine consent and emergency treatment authorisations which you will need to complete prior to your child attending.

2.6          You will read and abide by our policies and procedures.

2.7          You will make yourself available as and when required to discuss the progress of your child or any factor relating to their childcare place with us at mutually agreed times.

2.8          You must immediately inform us if your child is suffering of any contagious disease, or if your child has been diagnosed by a medical practitioner with a notifiable disease.  For the benefit of other children attending you must not allow your child to attend whilst they are contagious and pose a risk to other children during normal daily activities.

2.9          You must keep us informed of the identity of the persons who will be collecting your child.  If the person who is collecting your child is not usually responsible for collecting them we will require proof of identity or ask for an agreed password.  If we are not reasonably satisfied that the person collecting your child is who we were expecting, we will not release your child into their care until we have checked with you.

2.10        You must inform us immediately if you are not able to collect your child by the official collection time.  You must make arrangements for another authorised person to collect your child as soon as possible.  A late payment will be applied; please refer to the current fee schedule for details.

2.11        You will inform us as far in advance as possible for any dates on which your child will not be attending.

2.12        You will provide us with at least 4weeks notice of your intention to decrease the number of hours your child attends.  If you are ending this Agreement or reducing the number of hours that your child attends, notice must be given in writing.

2.13        You must inform us if you child is the subject of a court order and provide us with a copy of such order on request.

3.0.         Payment of Fees

3.1          Our fees will be notified to you in advance of your child starting.  We may review these fees at any time but shall inform you of the revised amount at least one month before it takes effect.  If you do not wish to pay the revised fee, you may end this Agreement by giving us one month’s notice in writing to our Preschool Manager.

3.2          Fees must be paid on a monthly basis, in advance.

3.3          Fees are payable within 14days from the issue days of the invoice.  A charge of £25.00 per week will be made on any overdue fees without prior arrangement.  A charge of £50 per invoice will be made in the event of invoices remaining overdue into the following term without prior arrangement.  

3.4          If the payment of fees referred to in 3.3 is outstanding for more than 14days then we may terminate this Agreement by giving you 14 days’ notice in writing.  Upon termination of this contract the child shall cease forthwith to be admitted and the notice to terminate shall be regarded as formal demand for outstanding monies.

3.5          If you have requested additional sessions or been unable to collect your child by the official collection time and we have as a result provided you with additional childcare facilities, we will raise the applicable charges under a separate invoice for payment.

3.6 No refund will be given for periods where the place is unfulfilled due to illness or holidays on the part of either party.  We are closed on bank holidays and a number of training days per year to support our continuing professional development for the benefit of the children and families.  No refund is given for this closure as this has already been taken into account when calculating your child’s fees.  We accept no liability for other costs which you incur if we are unable to provide childcare for any reason.

3.7 We do not want to charge a ‘Late Collection Fee’ however, if parents are consistently late collecting their child, a surcharge of £5 for the first 15 minutes will be charged, followed by £10 per 15 minutes thereafter.

3.8 The Early Years Entitlement hours are funded through Wiltshire Council based on a termly headcount.  All children in receipt of Early Years Funding should take up their place before the headcount weeks carried out in May, October and January.

3.9 No additional charges are made for a child who has Special Educational Needs.

3.10 No charge is made for funded hours taken.  The above charges are for additional extra’s included in the Little Acers Preschool day.

3.11 Little Acers Preschool is closed on Bank Holidays.  Bank Holiday Mondays are regarded as a Government Funded day.  Additional charges will not apply for those days.

3.12.       Little Acers Preschool is open:        

Breakfast club: 8am – 9am

Early start: 8.30am – 9am

Mornings: 9am – 12pm

All day: 9am – 3pm

Afternoons: 12pm – 3pm

After Preschool club: 3pm – 4pm and 4pm – 5pm

4.0          Suspension of a child

4.1          We may suspend the provision of childcare to your child at any time if you have failed to pay any fees due.

4.2          If the period of suspension for non-payment of fees exceeds one month, either of us may terminate this Agreement by giving written notice, which will take effect on receipt of the notice.

4.3          We do not support the exclusion of any child on the grounds of behaviour.  However, if your child’s behaviour is deemed by us to endanger the safety and well-being of your child and/or other children and adults, it may be necessary to suspend the provision of childcare whilst we try to address these issues with you and external agencies as appropriate.

4.4          During any period of suspension for behaviour-related issues we will work with the local authority and where appropriate other welfare agencies to identify appropriate provision or services for your child. 

4.5          If your child is suspended part way through the term, under the conditions stated in clause 4.3       we shall give you credit for any fees you have already paid for the remaining part of the term, calculated on a pro-rata basis.  This sum may be offset against any sums payable by you to us.

5.0          Termination of the Agreement

5.1          If you wish to withdraw your child from Little Acers Preschool, one full half terms written notice must be given and is not negotiable.  In the absence of the full notice period, a full half terms fees will be charged.  A full half term with regard to the notice period is deemed as term time weeks, holiday weeks are not included, for example,

  • If you wish to withdraw your child from or within Term 1A (September – October), notice must be given by the first day of Term 3B (June – July) or prior to the start of Term 3B.  If this notice period is not given, you will be charged a full half terms fees for Term 1A (September – October) for sessions already booked.
  • If you wish to withdraw your child from or within Term 1B (November – December), notice must be given by the first day of Term 1A (September – October) or prior to the start of Term 1A.   If this notice period is not given, you will be charged a full half terms fees for Term 1B (November – December) for sessions already booked.
  • If you wish to withdraw your child from or within Term 2A (January – February), notice must be given by the first day of Term 1B (November – December) or prior to the start of Term 1B.  If this notice period is not given, you will be charged a full half terms fees for Term 2A (January – February) for sessions already booked.
  • If you wish to withdraw your child from or within Term 2B (February – April), notice must be given by the first day of Term 2A (January – February) or prior to the start of Term 2A.  If this notice period is not given, you will be charged a full half terms fees for Term 2B (February – April) for sessions already booked.
  • If you wish to withdraw your child from or within Term 3A (April – May), notice must be given by the first day of Term 2B (February – April) or prior to the start of Term 2B.  If this notice period is not given, you will be charged a full half terms fees for Term 3A (April – May) for sessions already booked.
  • If you wish to withdraw your child from or within Term 3B (June- July), notice must be given by the first day of Term 3A (February – April) or prior to the start of Term 3A.  If this notice period is not given, you will be charged a full half terms fees for Term 3B (June – July) for sessions already booked.

5.2          We may immediately end this Agreement if:

5.2.1       You have failed to pay your fees;

5.2.2       You have breached any of your obligations under this Agreement and you have not or cannot put right that breach within a reasonable period of time after we have drawn it to your attention;

5.2.3       You behave unacceptably, as we do not tolerate any physical or verbal abuse or threats towards staff;

5.2.4       We take the decisions to close.  We will give you as much notice as possible in the event of such a decision.

5.3          It may become apparent that the support we are able to offer your child is not sufficient to meet his/her needs.  In these circumstances we will work with you, the local authority and other welfare agencies as per our procedures to identify appropriate support, at which point we may end this Agreement.

6.0          General

6.1          If we have to close or we take the decision to close due to events or circumstances beyond our control (e.g. extreme weather conditions) the Session Rates will continue to be payable in full and we shall be under no obligation to provide alternative childcare to you.  If the close exceeds three consecutive days in duration (excluding any days when we would otherwise have been closed), we will credit you with an amount that represents the number of days closed in excess of three days.

6.2          If you have any concerns regarding the service we provide, please discuss them with your child’s key person.  (If these concerns are not resolved to your satisfaction, please contact your manager).  Customer satisfaction is paramount and any concerns/complaints will be dealt with in line with our Complaints Policy.

6.3          From time to time we will take photos and video recordings of the children who attend.  These photographs are used for on-going recording of our curriculum and for children’s individual development records.  They are stored on Tapestry whilst your child is with us.  The photographs are also printed and used for display and for your child’s records within the setting.  If we wished to use any image of your child for training, publicity or marketing purposes, we would always seek your written consent for each image we intend to use, as indicated on our Registration Form.

6.4          We reserve the right to refuse to admit your child if they have a temperature, sickness and diarrhoea or a contagious infection or disease on arrival at Little Acers Preschool or to ask you to collect your child if they come unwell whilst in our care.

6.5          Whilst food and drink is provided on the premises for snack times, we are not a commercial kitchen and may not be able to cater for the individual needs of every child.  As cross contamination cannot be ruled out, a risk assessment is conducted for children with any known allergies.  Every effort is made to follow recommended food preparation guidance and to ensure that all staff involved in the preparation and serving of food are suitably trained in preparation and serving of food.

6.6          Any personal information you supply to us will be collected, stored and used in accordance with the principles of the General Data Protection Regulations (GDPR) (2018) and our Confidentiality and Client Access to Records Policy. We will always seek your consent where we need to share information about your child with any other professional or agency.  We are required by law to override your refusal to give consent only in specific circumstances where the child or someone in the family may be in danger if we do not share that information.

7.            Safeguarding

7.1          Little Acers Limited will do all that is reasonable to safeguard your Child’s welfare and to provide pastoral care to at least the standards required by law and the Early Years Statutory Framework.

7.2          You give your consent to such physical contact as may accord with good practice and be appropriate and proper for teaching and instruction, for providing comfort to your Child when in distress, to maintain safety and good order, or in connection with your Child’s health and welfare.

7.3          Little Acers Limited reserves the right to administer adequate and necessary first aid treatment via a qualified first aider. You agree that no liability shall arise from trained first aid administration.

7.4          You must, as soon as possible, disclose to the Preschool any known medical conditions affecting the Child, any family circumstances, or court order which may affect the Child’s welfare or happiness.

7.5          If you have any concerns about safeguarding, you must raise them with Little Acers Limited immediately.

7.6          Mobile phones are forbidden to be used within the Nursery.

7.7          The Nursery and its entire grounds are a non-smoking premise. This includes electronic cigarettes and vapes.

7.8          Under no circumstances must staff ever carry your Child in their car. They will not be able to pick up or bring your Child to Preschool if asked to do so.

7.9          You must not request and are forbidden to add staff members on social media. This is against our safeguarding and social media policies and may affect both parties.

7.10        For more information on safeguarding, you are directed to our Safeguarding Policy and child protection Policy which can be found on our website.

8.            Car Parking

8.1          The Nursery has a private car park, please exercise great care when using it.

8.2          All persons using the car park do so at their own risk and Little Acers Limited will not accept any responsibility for:

  • Injury to anyone in your car.
  • Damage or loss of vehicles or property.

8.3          You shall be liable to any costs to carry out repairs to the car park if such damage is caused by your fault or negligence. 

9.            Limitations on Liability

9.1          Nothing in this Agreement is intended to or will limit your legal rights as a Consumer under any consumer protection legislation. For more details of your legal rights please refer to your local Citizens Advice Bureau or Trading Standards Office.

9.2          We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of this Agreement or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.

9.3          We will maintain suitable and valid insurance covering all relevant aspects of the Services.

9.4          We provide Services only to Consumers for their personal and private use. We make no warranty or representation that the Services are fit for commercial or business purposes of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

9.5.         Our total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions or the Agreement is limited to the amount paid in the preceding six (6) months.

9.6.         To the maximum extent permitted by law Little Acers Limited shall not be liable to you or the loss of or damage to any property left with or worn by your Child, save in the case of Little Acers Limited’s negligence, in which case Little Acers Limited’s liability shall be limited, in so far as permitted by law, to a maximum £50 in aggregate per event.

9.7.         To protect your Child’s belongings Little Acers Limited request that they do not bring in money, valuable items or toys, other than comforters. Little Acers Limited will not be held liable for the loss or damage of such items brought in.

9.8.         Little Acers Limited does not offer a babysitting service and therefore acceptance of this Agreement constitutes your acknowledgement and agreement that Little Acers Limited have no liability in relation to any private arrangements made between you and staff members of Little Acers Limited. Little Acers Limited will not be held liable for such arrangements or their outcomes.

10.0.      This Agreement

10.1        In this Agreement:

10.1.1     These Terms and Conditions, the Fee Schedule and the Registration Form are deemed incorporated into and form part of this agreement.

10.1.2     Where there are any discrepancy between these Terms and Conditions, the Fee Schedule and Registration Form, the Preschool Registration Form will take priority.

10.1.3     Any reference to the Agreement or to any other document will include its’ Schedules, appendices and annexes (if any) and any permitted variation or amendment;

10.1.4     Any reference to a clause or Schedule is, except where expressly stated to the contrary, reference to the relevant Clause of or Schedule to these Terms and Conditions;

10.1.5     The background section and any clause, Schedule or other headings and the use of bold type in these Terms and Conditions are included for convenience only and shall have no effect on the interpretation of these Terms and Conditions;

10.1.6     A reference to any statute, statutory instrument, order, regulation or other similar instrument (including any EU order, regulation or instrument) will be construed as including references to any statutory modification, consideration or re-enactment of that provision (whether before, on or after the date of the Agreement) for the time being in force, including all instruments, orders or regulations then in force and made under or deriving validity from that legislation;

10.1.7     The words ‘include’, ‘including’, ‘in particular’ or any similar words and expressions will be construed as illustrative only and will not limit the sense of any word, phrase, term, definition or description preceding those words;

10.1.8     The use of the singular includes the plural and vice versa and a reference to one gender includes a reference to the other gender;

10.1.9     A reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form;

10.1.10  A reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;

10.1.11  A reference to a ‘person’ includes a natural person, corporate or 4 unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;

10.1.12  A reference to a ’company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;

10.1.13  Where the Agreement expressly provides that fees paid in advance are to be refunded “pro rata”, the factors used in its determination shall be the number of sessions paid for, and the number of those sessions where your Child has not attended or will not attend the Nursery or any of our nurseries. In the event of any dispute as to the amount refunded, Little Acers Limited shall have the final say.

10.1.14  We reserve the right to vary the terms and conditions contained in this Agreement.

10.1.15  The Agreement contains the full and complete understanding between the parties and supersedes all prior arrangements and understanding whether written or oral relating to the subject of this Agreement except to the extent that we vary terms from time to time.

10.1.16  Acceptance of a place will be deemed as acceptance by you of these terms and conditions.

SIGNED for and on behalf of Little Acers Limited

Name: Poppy Grice

Authorised Signature: P Grice

Date: 9/08/23

Name: Laura Montacute

Authorised Signature: L Montacute

Date: 9/08/23