Terms and conditions
1.1 The definitions below apply in these terms and conditions:
“Child” the child or children who are registered with Little Hands Daycare Group Limited;
“You” the person, firm or company who purchases Services from Little Hands Daycare;
“Services” the services of Little Hands Daycare Group Limited during the sessions indicated through the agreed booking pattern, together with any other services which we provide, or agree to provide,to you;
“Us” Little Hands Daycare Group Limited.
1.2 A reference to writing or written includes email.
1.3 Any requirement in this contract for either party not to do something includes an obligation on that party not to allow that thing to be done.
2. Formation of the contract
2.1 A contract for the Services will be formed between you and us once you have completed and signed all registration forms on our electronic software and paid a non-refundable registration fee and/or refundable deposit has been paid (further details below), and we have confirmed to you that your application for a place has been successful and arranged the transition process.
2.1.1 All families, except those accessing disadvantaged two-year old funding, will be required to pay a non-refundable registration fee of £75 per child.
2.1.2 Families benefiting from Government funded early education will also be required to pay a further refundable deposit of £75 per child, which will be credited on their final invoice before their child leaves to go to school. Should any child benefiting from Government funding early education leave our nursery before this point, this deposit becomes non-refundable.
2.1.3 Families accessing disadvantaged two-year old funding will be charged a £50 refundable booking fee, which will be credited on their final invoice before their child leaves to go to school. Should any child benefiting from disadvantaged two-year old funding leave our nursery before this point, this deposit becomes non-refundable.
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 handbook 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.
2.3 In the case of any uncertainty as to which terms apply, these terms and conditions will apply.
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, the required amount of notice. We will provide you with four weeks written notice in this instance. If you do not benefit from Government funded early education, you are required to give us four weeks written notice. If you benefit from Government funded early education and wish to give written notice, you are required to give us notice until the end of the term or four weeks, depending on which period is longer.
3.2 The contract can, in some circumstances, be terminated immediately under clause 18.
3.3 You are liable for any nursery fees issued during the notice period. If you fail to give proper notice, you may lose your deposit and/or registration fee.
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 our Critical Incident Policy or in the circumstances set out in clause 19.
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) then we shall be permitted to request that you withdraw the Child without being charged fees in lieu of notice.
6. Your obligations
6.1 You shall:
6.1.1 Cooperate with us;
6.1.2 Provide to us such information as we may reasonably require about:
184.108.40.206 The Child including:
220.127.116.11.1 Any known medical condition, health problem, allergy, or diagnosed dietary requirement;
18.104.22.168.2 Any medication prescribed or otherwise;
22.214.171.124.3 Any vaccination or lack thereof which the Child would ordinarily have by their age;
126.96.36.199.4 Any family circumstances or court orders affecting the Child, including showing a copy of the Child’s birth certificate to ensure parental responsibility is appropriately logged;
188.8.131.52.5 Any concerns about the Child’s safety; and
184.108.40.206 Your contact details, and those of your authorised persons who may collect the Child or be contacted in your absence.
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.
6.2.1 As regards arrivals and departure of a child, please refer to the nursery’s Arrival and Collection of a Child Policy. Please ask for a copy of this if necessary.
6.3 You must adhere to all Company policies and procedures, which are readily available upon request.
6.4 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.
6.5 You shall not employ (or attempt to employ) any member of our staff without our consent, until six months from the end of this contract.
7. Charges and payment
7.1 The nursery is open between 7:30am-6pm, Monday to Friday. Fees for your Child’s sessions, meals and consumables are payable all year round, including all bank and public holidays. However, the nursery closes for up to one week over the Christmas period. During this period, any days, other than bank and public holidays, will not be chargeable. These closure dates will be confirmed at least a month in advance. Additionally, depending on how the Christmas period falls each year, the nursery reserves the right to close at 1pm on Christmas eve. In this instance, standard fees still apply.
7.2 You shall pay the charges as set out in line with your booking pattern or in accordance with clause 19.
7.3 Where the Child is unable to attend but our service remains available full charges will be due.
7.4 We will charge for all bank and public holidays.
7.5 VAT is not charged on nursery fees (nursery provision is an exempt supply for VAT purposes).
7.6 The quoted charges are per Child, per core session and include all meals if your child does not benefit from Government funded early education. If your child does benefit from Government funded early education, meals and consumables will be chargeable unless you benefit from the Little Hands Daycare ‘bursary scheme’. For more information, please refer to our fees and funding policy.
7.7 Extra hours (or parts of an hour) will be charged for (at the ruling rate) and must be booked and paid for at least one week in advance.
7.8 All fees must be paid monthly, in advance, by the 5th day of the month.
7.9 Any fees paid late (from 6th day of each month) will be deemed as ‘late’, and your account will fall into a grace period. Following this, if fees are not paid within 7 days after the due date (from 12th day of the month) then a £50 late fee will be applied to your childcare account. Late fees will be added to your account for every additional 7 days that fees remain outstanding at £50 per week. We encourage you to communicate with us if you are having difficulty paying your fees as it may be possible to set up a payment plan to support you.
7.10 All payments must normally be made by BACS, tax free childcare or childcare vouchers. We may agree to payment by cash, but it is your responsibility to obtain a receipt from the management team as proof of payment. No payment shall be deemed to have been made until it is cleared into our bank account. If a payment fails, we may charge an administration fee of £50.
7.11 We may increase our charges once per year. We will give you written notice of any such increase at least one month before the proposed date of increase.
7.12 Without restricting any other legal right that we may have, if you fail to pay us on time, we may:
7.12.1 Pass any debts of £200.00 or more of overdue fees of 28 days to an external debt collecting agency. If fees are passed onto our instructed debt collecting agency, an additional 10% will be added to parents total outstanding amount to cover administration fees. 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.
7.12.2 Suspend all Services if an outstanding balance runs into the third week of the month following an unpaid invoice without agreement being reached with you. In this instance, we will suspend all Services until payment has been made in full, which will include the suspension of the Child’s place, or even terminate the contract permanently.
7.13 If any money is owed to us by you, and a claim is made against us, we may offset what you owe us against what you are claiming from us.
7.14 In the event of late collection of a child, we will charge £10 for every 5 minutes late after the arranged collection time.
8. Reducing sessions
8.1 If you do not benefit from Government funded early education, you are required to give us four weeks written notice of a reduction in the number of sessions you require.
8.2 If you benefit from Government funded early education and wish to give written notice of a reduction in the number of sessions you require, you are required to give us notice until the end of the term or four weeks, depending on which period is longer.
9. Government funded nursery education
9.1 If you wish to benefit from Government early education funding, you are required to complete and sign a Parental Declaration on a termly basis, detailing how and when you will take up the funded sessions.
9.2 You must adhere and agree to Little Hands Daycare Group Limited’s funding model, written in line with Government and Local Authority funding codes of practice. Please ask for a copy of it if necessary.
9.3 Our normal charges will not be made in respect of Government early education funded sessions as detailed in the Parental Declaration. However, we are entitled to make a reasonable charge for meals and consumables or additional hours provided during any funded sessions. Meals and additional hours are charged at the following rates (correct up to 1st April 2024):
9.3.1 60-minute charge – £10.00
9.3.2 30-minute charge – £5.00
9.3.3 20-minute charge – £3.50
9.3.4 Meal package (am) – £6.00
9.3.5 Meal package (full day) – £8.75
9.3.6 Lunch – £3.25
9.3.7 Breakfast – £1.75
9.3.8 Snack – £1.75
9.3.9 Tea – £3.00
9.3.10 Meals and consumables charge (from 1st April 2025) – TBC
9.4 Minimum sessions may apply to any children benefiting from Government early education funding. All funded sessions must be booked at least one term in advance in line with our availability to ensure that we are able to forecast and manage our occupancy accordingly. Details of this are outlined within our funding model guidance. Please ask for a copy of it if necessary.
9.5 The nursery offers a limited number of funded spaces, including Little Hands Daycare’s bursary scheme places, in line with the Government and Local Authority funding codes of practice. Details of this are outlined within our funding model guidance. Please ask for a copy of it if necessary.
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 Your consent to such physical contact may be lawful accord 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.
10.4 Parents of Children who are not potty trained must provide disposable nappies.
10.5 Parents should provide sealed formula milk for bottle feeding babies. Bringing in and storing made-up formula milk may increase the chance of a baby becoming ill and should be avoided.
10.6 Labelled mother’s breast milk will be stored in the fridge or freezer and an area will be available for mothers to breastfeed their babies or express milk should they wish to do so.
10.7 As regards to behaviour management techniques, please refer to the nursery’s Promoting Positive Behaviour policy. Please ask for a copy of it if necessary.
10.8 The nursery uses emergency procedures for accidents, evacuations, incidents and allergic reactions. Please refer to the individual policies and procedures and ask for a copy where required.
11. Health and medical matters
11.1 If the Child becomes ill during the nursery session the nursery manager will contact you or the emergency contact indicated on the registration 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, operation, or blood transfusion) unless you have previously notified us you object to blood transfusions.
11.2 If the Child is suffering from a communicable illness, they should not be brought to the nursery until such time as the infection has cleared. A full copy of our infection control policy is available from the nursery manager. Please refer to the illness/communicable disease list supplied in your information on minimum periods of exclusion from the nursery.
11.3 You must notify the nursery manager if the Child is absent from the nursery through sickness.
11.4 If the Child has been sent home from the nursery because of ill health, they will not be re-admitted for at least 24 hours. If the Child is prescribed antibiotics that are new to the Child, they will not be allowed to return to the nursery for 48 hours in case of allergic or adverse reactions. If the illness is a communicable illness then clause 11.2 shall also apply and the Child will be unable to attend the nursery until such time as the infection has cleared.
11.5 As regards medication, and the administration of it to a Child, please refer to the nursery’s Medication Policy. Please ask for a copy of it if necessary.
11.6 Please also see clause 6.1.2 on matters we need to be informed about.
12. Food/dietary requirements
12.1 We will work with you to provide suitable food for your Child, if they have a special dietary requirement or any allergies as diagnosed by a doctor or dietician. All reasonable care will be taken to ensure that a Child does not come into contact with certain foods with support from parents and external professionals should the need arise.
12.2 Menus will be available for inspection, and parents and children are welcome to feed into the review of these.
12.3 No meals or snacks provided by parents will be served in the nursery to prevent any potential cross contamination in relation to food allergies and/or dietary requirements.
12.4 We aim to keep the nursery ‘nut free’. Parents are requested not to send food, creams or oils into the nursery that may contain nuts. Parents are also requested not to use creams or oils on their child at home that contain nut products. This may have severe consequences to another child, parent or member of staff.
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.
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 (including any breach of it, any statement we make to you about it, our termination of it).
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 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 cumulative price paid by you for the Services over the course of the contract.
15. Data protection
15.1 You agree that details of your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of us in connection with the Services.
15.2 We may take photographs and/or videos of your Child for promotional or training purposes, as well as observation and assessment records. If you do not wish for your Child to be included in such photographs or videos, please inform us by completing the ‘permission form’ on our electronic software or by writing to the nursery manager.
15.3 Any personal data related to You or your Child will be dealt with in accordance with our privacy notice, which can be found at https://littlehandsdaycare.co.uk/privacy-policy/.
Parents are welcome to visit the nursery, but we will not admit anyone without prior notification. 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. Any person instructed to collect your Child from nursery who is not known to us, should be carrying at least one form of identification to be seen by the nursery manager upon arrival at the nursery.
17. Complaints and concerns
Please address any complaint or concern to the manager in charge, in the first instance, and if the matter is not resolved within a reasonable period, please refer it to the operations manager. Please also refer to our complaints and compliments policy which shall apply to any complaints received by us.
18. Termination for breach of contract, or bankruptcy or 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:
18.2.1 You shall immediately pay all of our outstanding unpaid invoices and interest 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; and
18.2.2 Any clause in these terms and conditions which implicitly is intended to survive termination shall continue in force.
19. Events that are beyond our control
19.1 If any event beyond our reasonable control (e.g. a fire, flood, epidemic or pandemic outbreak, strike, civil action, act of terrorism, war etc.) occurs, for which we have business interruption insurance, we may close the nursery without liability to you and we will not charge you for the fees for the time the nursery is closed should our insurance policy cover this. We will keep you informed, in such an event.
19.2 If the nursery is forced to close for reasons beyond the nursery’s control or if it is, in our reasonable opinion, necessary or in the interests of the Child to do so, we may close the nursery even though our business interruption insurance will not cover us for the closure. In these circumstances, we will charge a retainer of up to 50% of your regular monthly invoice to enable the nursery to hold your child’s place and cover unavoidable ongoing overheads during this time. For example, we may close because of severe weather conditions, outbreak of flu, swine flu, any epidemic or pandemic or other illnesses etc. Also, if the owner of the premises closes the premises and denies us access.
19.3 If the nursery has to close or we take the decision to close due to circumstances or events out of our control, we shall be under no obligation to provide alternative childcare facilities to you.
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 and we will review the contract annually, or more frequently should the need arise.
21.3 We will review terms and conditions at least annually, or more frequently as required. Any changes will be communicated in writing.
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.
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.