Holly Trees Day Nursery

Agreement

These Terms and Conditions form the contractual agreement between Holly Trees Day Nursery ("the Nursery") and the parent(s) or carer(s) entering into the agreement for the provision of childcare for the child named on the Nursery's Parent/Carer Agreement and Registration Form.

For the purposes of these Terms and Conditions:

• "the Nursery" means Holly Trees Day Nursery.
• "Parent/Carer" means any person who has entered into this Agreement with the Nursery and/or who has parental responsibility for the Child, where applicable.
• "the Child" means the child named on the Parent/Carer Agreement and Registration Form.
• "the Agreement" means these Terms and Conditions together with the Child's agreed attendance arrangements and the applicable Nursery policies referred to within these Terms.
• "Fee Policy" means the Nursery's current fee policy applicable to the Child's place.

By signing the Parent/Carer Agreement and Registration Form and accepting a place, the Parent/Carer agrees to comply with these Terms and Conditions and the Nursery's applicable policies and procedures.

Detailed operational arrangements are contained within the Nursery's policies. Where these Terms provide the Nursery with a contractual right or impose an obligation upon a Parent/Carer, the relevant Nursery policy may set out the procedure through which that right or obligation is applied.

1. Joining the Nursery

1.1 Admission and Availability

Admission to the Nursery is subject to availability, the Child's age and appropriate room availability, the requested attendance pattern, completion of the Nursery's onboarding requirements and the Nursery being satisfied that appropriate arrangements are in place for the Child to attend.

Completion of registration or payment of an enrolment fee does not, by itself, guarantee that a childcare place will be available.

A childcare place is confirmed only when the Nursery has formally confirmed the place, agreed the Child's attendance pattern and start date, and confirmed that the required onboarding process has been completed.

1.2 Registration and Enrolment

Before a Child can commence attendance, the Nursery may require the Parent/Carer to:

• complete the Nursery's registration and enrolment documentation;
• sign the Parent/Carer Agreement;
• provide identification, parental responsibility or guardianship information where reasonably required;
• provide current emergency contact information;
• provide relevant medical, allergy, dietary, safeguarding, SEND or additional-needs information;
• provide any documentation reasonably required in connection with government funding;
• complete required permissions, declarations or healthcare documentation; and
• pay any applicable enrolment or administration fee.

The Nursery may request additional information or supporting documentation where reasonably necessary to establish the Child's identity, parental responsibility, safeguarding arrangements, funding eligibility or the Nursery's ability to safely and appropriately care for the Child.

1.3 Accuracy and Continuing Disclosure of Information

Parents/Carers are responsible for ensuring that information provided to the Nursery is complete and accurate to the best of their knowledge.

Parents/Carers must notify the Nursery promptly of any material change that may affect the Child's care, attendance, safety, wellbeing or the Nursery's ability to meet their needs.

This includes changes relating to health or medication, allergies or dietary requirements, SEND or additional needs, parental responsibility or court orders, home or contact details, emergency contacts, authorised collection arrangements and funding eligibility.

Providing materially false or misleading information, deliberately withholding information reasonably required for the safe care of the Child, or failing to update significant information may result in the Child's attendance arrangements being reviewed and may, in serious circumstances, lead to refusal of attendance, suspension or termination in accordance with these Terms and the Nursery's applicable policies.

1.4 Enrolment and Systems Setup Fee

Where applicable, a £150 non-refundable Enrolment and Systems Setup Fee is payable as part of the Nursery's onboarding process.

The fee contributes towards the administrative and systems work associated with establishing the Child's nursery place and records.

Payment of the fee does not guarantee the availability of a childcare place.

The fee will not apply to families accessing a Fully Funded Plan or another category of place which the Nursery confirms is exempt from the fee in accordance with its current Fee Policy.

1.5 Minimum Attendance

The attendance patterns offered by the Nursery:

• children attending under the Blended Plan must be contracted for a minimum of three full days per week;
• children attending under the Independent Plan must be contracted for a minimum of three full days per week; and
• children attending under the Fully Funded Plan must attend a minimum of two sessions per week and must use their full applicable stretched funding entitlement in accordance with the Nursery's available funded-session structure.

The Nursery does not offer Fully Funded Plan places based on attendance for only one day per week.

All attendance patterns remain subject to availability and the applicable Fee Policy.

1.6 Settling-In Sessions

The Nursery may provide up to three settling-in sessions without charge:

• Session 1 - 1 hour
• Session 2 - 2 hours
• Session 3 - 2 hours

Settling arrangements may be adapted where the Nursery considers this appropriate for the individual Child.

Settling-in sessions do not alter the agreed contractual start date unless the Nursery confirms otherwise in writing.

2. Contracted Attendance and Changes

2.1 Contracted Attendance

The Child's agreed attendance pattern forms part of this Agreement. The Nursery reserves staffing, capacity and resources based upon that contracted place.

Fees remain payable for the contracted attendance whether or not the Child attends all or part of a booked session, except where these Terms or the Nursery expressly provide otherwise.

2.2 Reducing or Changing Attendance

A minimum of one full calendar month's written notice is required to:

• permanently reduce contracted days or sessions;
• remove a regularly booked day or session;
• permanently change the Child's attendance pattern; or
• withdraw the Child from the Nursery.

For these Terms, one full calendar month means a complete calendar month from its first to its final day. For example, notice received at any point during September means October is the notice month and the change takes effect from 1st November.

Notice cannot be backdated. The existing attendance arrangement and applicable fees remain in place throughout the notice period whether or not the Child attends.

2.3 Giving Notice

Notice must be provided in writing through a communication channel recognised by the Nursery for contractual notices.

Verbal discussions with Nursery staff do not constitute formal notice.

Parents/Carers are responsible for ensuring that written notice has been received by the Nursery.

2.4 Surrendered Days and Subsequent Increases

Once an attendance reduction takes effect, surrendered days or sessions may be offered to another Child and cannot be guaranteed if subsequently requested again.

Any request to increase attendance is subject to availability, the Nursery's minimum attendance requirements and the fees applicable when the new arrangement begins.

An increase does not take effect until confirmed by the Nursery in writing.

2.5 Attendance Pattern Protection

Where Attendance Pattern Protection applies, it is linked to the Child's qualifying attendance pattern, funding entitlement and applicable Fee Plan.

A change to any of these may result in the Child's fees and Attendance Pattern Protection being recalculated in accordance with the current Fee Policy.

Attendance Pattern Protection is not transferable between attendance arrangements and does not guarantee the same level of protection following a change.

2.6 Additional Sessions

Additional or ad-hoc sessions are subject to availability and the Nursery's applicable charges and booking arrangements.

An additional session does not permanently alter the Child's contracted attendance unless the Nursery expressly confirms otherwise in writing.

Previous availability of additional childcare does not guarantee future availability.

2.7 Exceptional Circumstances

The Nursery may, at its discretion, waive or vary an attendance-change notice requirement in exceptional circumstances.

Any exception must be expressly agreed and does not establish a precedent or entitlement in future cases.

3. Non-Attendance and Nursery Closures

3.1 Child Absence

The Child’s contracted place is reserved whether or not they attend.

Fees therefore remain payable during absence, including absence due to:

• illness or applicable exclusion periods;
• holidays or family commitments;
• appointments; or
• other circumstances relating to the Child or family.

No refund, credit, replacement session or transfer of fees will normally be provided for a contracted session the Child does not attend.

Absence does not constitute notice to reduce or terminate the Child’s contracted attendance.

3.2 Planned Nursery Closures

The Nursery may close on planned closure days identified within its current Fee Policy, Fee Information or annual calendar, including applicable:

• Bank Holidays;
• staff training or INSET days;
• Christmas and New Year closure periods; and
• other planned closures communicated to families.

Where these closures form part of the Nursery’s annual fee structure, fees remain payable and no refund, credit or replacement session will be provided.

The specific closure arrangements applicable to the Nursery may vary from time to time and will be communicated to families.

3.3 Emergency or Unavoidable Closure

The Nursery may be required to close, close early or temporarily restrict its service where circumstances prevent safe or lawful operation.

This may include, for example, interruption of essential utilities, severe weather, damage to the premises, fire, flood, public-health restrictions, an emergency, requirements imposed by a competent authority or another event outside the Nursery’s reasonable control.

Where such a closure occurs, fees will remain payable in accordance with the applicable Fee Policy.

The Nursery will make reasonable efforts to inform families of significant disruption as soon as reasonably practicable.

3.4 Effect of Temporary Closure

A temporary closure does not terminate or permanently alter the Child’s contracted place.

Normal attendance will resume when the Nursery is able to provide the service again unless an alternative arrangement is communicated.

3.5 Nursery Discretion

The Nursery may, at its discretion, provide a credit, alternative arrangement or other adjustment in exceptional circumstances.

Any such decision does not create a contractual entitlement or precedent for future circumstances.

4. Fees, Invoicing and Payment

4.1 Responsibility for Fees

The Parent/Carer is responsible for all fees and charges properly due under this Agreement, the applicable Fee Policy and the Child’s contracted attendance.

Fees are payable in advance. Where government funding, Tax-Free Childcare, childcare vouchers or another approved payment source contributes towards the Child’s place, the Parent/Carer remains responsible for ensuring that all privately payable amounts are paid in full and on time.

4.2 Invoicing and Monthly Fee Calculation

Invoices are ordinarily issued monthly in advance between the 20th and 22nd for childcare to be provided during the following month.

Where annualised monthly fees apply, they are calculated as:
Weekly Fee × 52 ÷ 12 = Monthly Fee

The monthly amount therefore does not necessarily correspond to the exact number of attendance days or weeks within that calendar month.

The absence or late receipt of an invoice does not remove liability for fees properly due. Parents/Carers should contact the Nursery promptly if an expected invoice has not been received.

4.3 Payment Due Date

All childcare fees are due on or before the 1st of the month to which the childcare relates, unless the Nursery expressly agrees otherwise in writing.

The 1st remains the contractual due date regardless of payment method.

Any administrative processing period allowed for a particular payment method does not extend or alter the contractual payment deadline.

4.4 Payment Methods

Payment must be made using a method approved by the Nursery.

Where required by the applicable Fee Policy, Parents/Carers must establish and maintain an active Direct Debit mandate. The Nursery may also accept approved methods such as Tax-Free Childcare and childcare vouchers.

Failure to establish or maintain a required payment arrangement may result in the Child’s start date or attendance being postponed until satisfactory arrangements are in place.

4.5 Receipt of Payment and Third-Party Processing

Payment is treated as received when funds have been received and can be verified and allocated by the Nursery.

Initiating or scheduling a payment, or providing evidence that a payment has been sent, does not itself constitute receipt.

Parents/Carers are responsible for allowing sufficient processing time where payment is made through HMRC, a bank, employer, voucher provider or another third party.

A delay, error or failure involving a third-party payment provider does not automatically remove the Parent/Carer’s liability for fees properly due.

4.6 Invoice Queries

Parents/Carers should review invoices promptly and raise any suspected error as soon as reasonably possible and, where possible, within five days of issue.

Raising an invoice query does not automatically suspend payment of amounts which are not genuinely in dispute.

Where the Nursery identifies an invoicing error, the account will be corrected appropriately.

4.7 Current Fees and Charges

The fees and charges applicable to the Child’s place are those contained within the Nursery’s current Fee Information, Fee Policy and confirmed attendance arrangement.

The Terms and Conditions do not need to be reissued solely because a monetary fee or charge changes in accordance with the fee-review provisions of this Agreement.

5. Late Payment, Financial Suspension and Reinstatement

5.1 Late Payment and Charges

Fees are contractually due on or before the 1st of each month.

Where amounts remain unpaid, the Nursery may apply late-payment charges in accordance with its current Fee Policy. Such charges form part of the Parent/Carer’s account and may continue to accrue while the balance remains outstanding, including during financial suspension.

Any administrative processing allowance for a particular payment method does not alter the contractual due date.

5.2 Payment Difficulties and Payment Plans

Parents/Carers experiencing genuine financial difficulty should contact the Nursery as early as possible.

The Nursery may, at its discretion, approve a temporary payment plan. There is no automatic entitlement to such an arrangement.

Any payment plan must be agreed in writing and complied with in full. If an agreed instalment is missed or paid late, the Nursery may cancel the arrangement, require the outstanding balance and suspend the Child’s place immediately without waiting for the standard suspension date.

5.3 Final Payment Cut-Off

The final payment cut-off for avoiding standard financial suspension is 11:00am on the 10th of the month.

Amounts required to prevent suspension must have been received and be capable of verification by the Nursery by that time.

Evidence that payment has been initiated does not prevent suspension unless the Nursery can verify receipt or expressly agrees otherwise.

Any discretion exercised after the deadline is exceptional and does not create an entitlement or precedent.

5.4 Financial Suspension

Where the account has not been brought into the required position by the final cut-off, the Nursery may suspend the Child’s place with effect from the 12th of the month.

During financial suspension:

• the Child must not attend;
• the contracted place remains in force;
• suspension does not constitute withdrawal or notice of termination;
• contracted fees and applicable late-payment charges remain payable and may continue to accrue; and
• the Parent/Carer remains bound by the notice requirements if they wish to end the place.

Where the 12th falls on a day the Nursery is not operational, suspension will apply from the next operational day.

5.5 Reinstatement

Financial suspension does not end automatically because a payment has been made.

Unless the Nursery expressly authorises an exception, reinstatement will only occur once all amounts required to clear the suspension have been paid in full and confirmed as received, including, where applicable:

• the original unpaid childcare invoice;
• the applicable late-payment invoice or charges; and
• any other amount which has become due and is required to clear the suspension.

Payment of the original childcare invoice alone does not require the Nursery to reinstate the place where late-payment charges or a separate late-payment invoice remain outstanding.

The Child must not return until the Nursery has expressly confirmed reinstatement.

5.6 Restrictions During Arrears

While an account is overdue, subject to a payment plan or financially suspended, the Nursery may refuse additional sessions, extra days, ad-hoc bookings or other discretionary services.

5.7 Persistent Non-Payment and Debt Recovery

Repeated late payment, repeated financial suspension, persistent arrears or failure to comply with agreed payment arrangements may constitute a serious or persistent breach of this Agreement and may ultimately result in termination of the Child’s place.

The Nursery may take reasonable steps to recover unpaid sums, including referral to a debt-recovery provider or legal action where appropriate.

Suspension or termination does not extinguish any outstanding debt.

6. Government-Funded Childcare

6.1 Funded Entitlements

The Nursery may offer government-funded early education and childcare (“Funded Hours”) to eligible children, subject to eligibility, availability, completion of required documentation and applicable government, Local Authority and Nursery requirements.

Eligibility for Funded Hours does not guarantee a Nursery place, particular attendance pattern or combination of days or sessions.

Funded Hours are provided free at the point of use. Parents/Carers may remain responsible for privately contracted childcare outside the funded entitlement and for meals, consumables, additional services or other charges permitted under applicable funding requirements and identified within the Nursery’s Fee Policy.

6.2 Stretched Funding

The Nursery operates Funded Hours on the stretched basis specified within its current Fee Policy.

Under the current 51-week stretched model:

• a 15-hour entitlement equates to approximately 11.2 Funded Hours per week; and
• a 30-hour entitlement equates to approximately 22.4 Funded Hours per week.

Funded arrangements remain subject to government and Local Authority requirements and may be reasonably amended where external funding rules change.

6.3 Funding and the Contracted Place

The Child’s funding entitlement is separate from their contracted attendance pattern.

A reduction, expiry, withdrawal or loss of funding does not automatically reduce or terminate contracted attendance.

Unless the Nursery expressly agrees otherwise, any hours no longer covered by funding become privately payable at the applicable rate.

Where a Parent/Carer wishes to reduce attendance because funding has changed, one full calendar month’s written notice remains required in accordance with Section 2.

6.4 Parent/Carer Responsibility for Eligibility

Parents/Carers are responsible for: