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:

• obtaining any required eligibility code;
• ensuring eligibility information is accurate;
• reconfirming or renewing eligibility when required;
• ensuring the code remains valid;
• completing required declarations and documentation; and
• promptly notifying the Nursery of any change which may affect funding.

Where eligibility requires periodic HMRC reconfirmation, the Parent/Carer is responsible for completing this within the required timescale.

6.5 Local Authority Submission Windows

Government funding is claimed by the Nursery through submission, headcount and/or amendment windows determined by the relevant Local Authority.

Parents/Carers must ensure that the Child’s eligibility and any required code are valid, reconfirmed and capable of verification in sufficient time for the Nursery to make its applicable funding submission.

Where the Child cannot be confirmed as eligible when the Nursery is required to submit its claim, including because a code has expired, has not been reconfirmed or required information has not been provided, the Nursery is not required to assume that funding will later become available.

The Nursery may therefore invoice the relevant childcare as privately payable in full and is not required to apply an anticipated Funded Hours deduction where it cannot make a valid funding claim.

6.6 Later Renewal or Retrospective Funding

Renewing, reconfirming or obtaining an eligibility code after the applicable Local Authority submission window has closed does not automatically entitle the Parent/Carer to a retrospective refund, credit or funded-hours deduction.

The Nursery is not required to provide a funding deduction for childcare where it has not received, and is not entitled to receive, the corresponding government funding.

Where the Local Authority subsequently accepts and pays a retrospective funding claim for childcare already paid for privately, the Nursery will make an appropriate account adjustment once that funding has been confirmed, so that the same childcare hours are not both privately charged and government funded.

6.7 Loss, Rejection or Recovery of Funding

Where the Nursery cannot claim or retain funding because eligibility has ceased or expired, a code was not renewed or reconfirmed in time, required information was not supplied, the Child could not be included within the applicable submission window, or a funding body rejects or recovers the claim, the resulting childcare fees will be privately payable by the Parent/Carer.

Any applicable statutory or government grace period will be applied in accordance with the relevant funding rules.

Unpaid private fees arising from loss or non-receipt of funding are subject to the payment and financial suspension provisions in Sections 4 and 5.

6.8 Sole Funding and Fully Funded Places

Where required by the Nursery’s current Fee Policy, families accepting a funded place must use their full applicable stretched Funded Hours entitlement with the Nursery.

The Nursery is not required to agree to split funding between providers unless an exception is expressly approved.

Fully Funded Plan places are subject to the Nursery’s minimum attendance requirements, funded-session structure, availability and current Fee Policy.

6.9 Changes to Government Funding

Government funding schemes, eligibility requirements, funding rates and Local Authority arrangements are determined externally and may change.

The Nursery cannot guarantee continued eligibility, continuation of a particular funding scheme or that funding will continue to be delivered in the same way.

Where external requirements change, the Nursery may make reasonable changes to its funded provision in order to remain compliant.

7. Additional Charges, Consumables and Other Services

7.1 Additional Charges

In addition to regular childcare fees, the Nursery may charge for additional services or circumstances in accordance with its current Fee Policy.

These may include:

• additional or ad-hoc childcare;
• meals, snacks and consumables;
• additional services or optional activities;
• trips or outings;
• late collection;
• replacement provision required where a parent-provided alternative is unsuitable or unavailable; and
• applicable re-enrolment charges.

Properly incurred additional charges form part of the Parent/Carer’s Nursery account and are subject to the payment and financial enforcement provisions within these Terms.

7.2 Meals, Consumables and Additional Services

Government Funded Hours cover the funded childcare entitlement itself but do not necessarily cover meals, consumables or additional services which may lawfully be charged separately.

Applicable charges and any available alternatives will be identified within the Nursery’s current Fee Policy or related policies.

Where the Nursery permits a Parent/Carer to opt out and provide an alternative, that alternative must comply with the Nursery’s applicable health, safety, allergy, food or other requirements.

If an alternative is missing, unsuitable or cannot safely be used, the Nursery may provide appropriate replacement provision and apply the relevant charge.

Where notice is required to change an ongoing meals or consumables arrangement, the notice period contained within the current Fee Policy will apply.

7.3 Late Collection

The Child must have left the Nursery by the end of their contracted session.

Late collection charges will apply in accordance with the Nursery’s current Fee Policy and collection arrangements and may be charged separately for each Child.

Repeated or serious late collection may result in formal action and, where sufficiently persistent or serious, review of whether the Child’s place can continue.

Where a Child remains uncollected for a significant period, the Nursery may implement its safeguarding and uncollected-child procedures.

7.4 Optional Activities and Additional Childcare

Trips, specialist activities, additional sessions and other optional services may be offered from time to time and may carry an additional charge.

Where specific consent or payment is required, appropriate information will be provided before participation.

Additional childcare is subject to availability and does not alter the Child’s permanent contracted attendance unless expressly confirmed in writing.

7.5 Discounts

Any sibling discount, promotional rate or other reduction is subject to the eligibility criteria within the Nursery’s current Fee Policy or Fee Information.

Discounts apply only while the relevant eligibility requirements continue to be met and may be recalculated or cease where attendance, funding or another qualifying circumstance changes.

Unless expressly confirmed otherwise, discounts cannot be exchanged for cash or combined with another discount or promotion.

7.6 Re-Enrolment Following Withdrawal

Where a Child is withdrawn and the family subsequently wishes to return, the Nursery is under no obligation to restore the previous place, attendance pattern or fee arrangement.

Any return is subject to availability, the Nursery’s current admissions requirements, the fees and policies in force at the time and clearance of any outstanding account balance.

Where the family seeks to return within a period for which the current Fee Policy provides a re-enrolment charge, that charge will apply unless the Nursery expressly agrees an exception.

7.7 Temporary Withdrawal to Avoid Fees

Where the Nursery reasonably considers that a Child has been temporarily withdrawn primarily to avoid contractual fees during an extended holiday or other short-term absence, this may be taken into account when considering any subsequent application for re-admission.

The Nursery may decline re-admission having regard to the circumstances, previous contractual compliance and availability.

Nothing in these Terms guarantees re-admission following withdrawal.

8. Health, Illness, Medication and Fitness to Attend

8.1 Fitness to Attend

Parents/Carers must ensure that the Child is well enough to attend and participate safely and comfortably in their normal Nursery day.

Attendance is subject to the Nursery's current illness, infection-control and medication policies and applicable public-health guidance.

The Nursery may refuse attendance or require collection where it reasonably considers that the Child is unwell, subject to an applicable exclusion requirement, unable to participate appropriately in their normal day, or where attendance may present an unacceptable health or safety risk.

Completion of a stated exclusion period does not automatically establish that a Child is fit to return.

8.2 Collection Due to Illness

Where the Nursery determines that the Child is no longer fit to remain, the Parent/Carer must arrange prompt collection.

Parents/Carers must remain contactable while the Child attends and maintain suitable emergency contacts.

The Nursery may require collection based upon the Child's overall condition and wellbeing and is not required to wait until a particular temperature or other numerical threshold is reached where earlier collection is reasonably considered appropriate.

8.3 Health and Medical Information

Parents/Carers must promptly provide accurate information reasonably required for the Child's safe care, including relevant:

• medical conditions, allergies or intolerances;
• diagnoses or symptoms;
• medication, treatment or equipment;
• professional or medical advice;
• emergency arrangements; and
• changes to previously supplied information.

The Nursery may postpone attendance where information or arrangements reasonably required for safe care have not been provided or established.

8.4 Medication

Medication will only be accepted or administered in accordance with the Nursery's current medication procedures.

Parents/Carers must inform the Nursery of relevant medication administered before attendance, including the medication, dose, reason and time given.

Medication must not be used to mask or suppress symptoms for the purpose of enabling a Child to attend when they would otherwise be unfit.

Deliberately withholding significant information concerning illness, symptoms, medication or medical needs may be treated as a serious breach of these Terms and, where safety or safeguarding is affected, may result in protective suspension or termination.

8.5 Ongoing Medical Needs

Where a Child has ongoing or significant medical needs, the Nursery may require an Individual Healthcare Plan, risk assessment, medication, equipment, professional information, staff training or other arrangements reasonably necessary for safe attendance.

Parents/Carers must cooperate reasonably in establishing and maintaining these arrangements.

The Nursery will consider the Child's individual needs and any reasonable adjustments that may enable safe attendance.

Where necessary arrangements are not yet in place, or a significant change requires them to be reviewed, attendance may be temporarily postponed until the Nursery is satisfied that the Child can be cared for safely.

8.6 Ability to Meet a Child's Medical Needs

A medical condition or disability will not, by itself, be a reason to refuse or terminate a place.

However, where after individual assessment and consideration of reasonable adjustments and available support the Nursery reasonably determines that the Child's needs cannot be safely, appropriately and consistently met within the setting, it may review whether the place can continue in accordance with these Terms.

8.7 Emergency Treatment and Hospital Transfer

Where urgent or emergency medical assistance is required, the Nursery may provide appropriate first aid, contact emergency services and take reasonable action necessary to protect the Child.

Emergency treatment or ambulance transfer will not be delayed while waiting for a Parent/Carer to arrive or for parental permission to be obtained.

Parents/Carers will be contacted as soon as reasonably possible.

Where reasonably practicable, a suitable member of staff may accompany the Child to hospital until a Parent/Carer arrives. This cannot be guaranteed where doing so would compromise the safe supervision, required staffing or operation of the Nursery.

9. Arrivals, Attendance, Collection and Authorised Persons

9.1 Arrival and Handover

Parents/Carers are responsible for safely handing the Child to a member of Nursery staff on arrival and must not leave the Child unattended before handover has taken place.

Parents/Carers must provide any information reasonably relevant to the Child's care or wellbeing that day, including relevant illness, medication, injury or changes to collection arrangements.

9.2 Late Arrival and Notification

The Nursery permits flexible arrival within the Child's booked session. However, families must notify the Nursery by 10:00am if the Child will be arriving after 10:00am.

Where the Child has not arrived by 10:00am and no notification has been received, the Nursery may record the Child as absent and make reasonable staffing and operational arrangements on that basis.

If the family subsequently arrives without prior notification, attendance cannot be guaranteed. The Nursery may refuse attendance for that session where the Child can no longer be safely or appropriately accommodated within the staffing, ratios or operational arrangements then in place.

Where attendance cannot be accommodated in these circumstances, the contracted fee remains payable and no refund, credit or replacement session will normally be due.

9.3 Collection

The Child must be collected and have left the Nursery premises by the end of their contracted session.

Parents/Carers should arrive sufficiently early to allow for collection, belongings and any necessary handover before the session ends.

Late collection is subject to the charges and procedures referred to in Section 7 and the Nursery's applicable collection policy.

9.4 Authorised Collection

The Nursery will only release the Child to a Parent/Carer, person with appropriate legal responsibility or another authorised adult.

The Nursery may require appropriate verification, including identification, a collection password or confirmation from the Parent/Carer, and may refuse to release the Child where it is not satisfied as to the person's identity, authority or suitability.

Parents/Carers must promptly notify the Nursery of changes to authorised collectors, parental responsibility, court orders or other legal arrangements relevant to collection.

9.5 Safeguarding Concerns at Collection

The Nursery will not release the Child to a person where it reasonably believes that doing so may place the Child at risk.

Where necessary, the Nursery may delay release while appropriate checks are undertaken, contact another authorised person or seek advice or assistance from an appropriate safeguarding or statutory agency.

Once the Child has been formally released, responsibility for supervision transfers to the Parent/Carer or authorised collector.

9.6 Uncollected Children

Where the Child remains uncollected and satisfactory collection arrangements cannot be established, the Nursery will follow its safeguarding and uncollected-child procedures.

This may include contacting Parents/Carers, emergency contacts, Children's Services, the Local Authority, Police or another appropriate agency where necessary.

The Child will not be left unattended or released to an unauthorised person.

9.7 Contact and Collection Information

Parents/Carers must ensure that the Nursery holds current and accurate contact details, emergency contacts, authorised collection information and any relevant legal restrictions, and must promptly notify the Nursery of changes.

10. Parent/Carer Responsibilities, Conduct and Access to the Nursery

10.1 Expected Conduct

Parents/Carers, authorised collectors and visitors must behave respectfully and appropriately towards children, families, educators and others connected with the Nursery.

The Nursery will not tolerate conduct including:

• threatening, aggressive, intimidating or abusive behaviour;
• violence or threats of violence;
• harassment, bullying or discriminatory behaviour;
• inappropriate or abusive communications;
• damage or threatened damage to property;
• conduct which materially disrupts the safe operation of the Nursery; or
• confronting, questioning, chastising or attempting to discipline another family’s Child.

Concerns about another Child, family or member of staff must be raised appropriately with Nursery Management.

10.2 Online and Off-Site Conduct

These standards also apply to conduct away from the premises where there is a sufficiently close connection with the Nursery, including communications by email, telephone, messaging services, social media or online forums.

Nothing within these Terms prevents a Parent/Carer from expressing a genuine opinion, raising a legitimate concern, making a complaint, contacting Ofsted or another authority, or exercising another lawful right.

However, the Nursery may take action where conduct involves threats, harassment, discriminatory abuse, targeted abuse, safeguarding concerns, inappropriate disclosure of confidential information or other behaviour which materially affects the safety or appropriate operation of the Nursery.

10.3 Confidentiality and Privacy of Others

Parents/Carers must respect the privacy and confidentiality of other children, families and Nursery staff.

The Nursery may be unable to disclose information relating to another Child or family, confidential safeguarding matters, staff employment or disciplinary matters, internal investigations or other protected personal information.

A Parent/Carer is not entitled to another person’s confidential information merely because it relates to a concern involving their Child.

10.4 Premises, Security and Recording

Parents/Carers, authorised collectors and visitors must comply with reasonable Nursery safety, security and access requirements.

They must not compromise access controls, permit unauthorised persons to enter, enter restricted areas without permission, or otherwise interfere with Nursery security.

Mobile phones, photography, video and audio recording must be used in accordance with the Nursery’s safeguarding and privacy requirements. The Nursery may prohibit or restrict recording on its premises where reasonably necessary.

Smoking and vaping are not permitted on Nursery premises, and the Nursery may refuse access or collection where it reasonably considers that intoxication or substance use presents a risk to the Child or others.

10.5 Responding to Unacceptable Conduct

Where these standards are breached, the Nursery may take proportionate action depending upon the seriousness and circumstances.

This may include:

• discussion or written warning;
• requiring communication through a specified person or channel;
• restricting contact with particular members of staff;
• requiring alternative drop-off or collection arrangements;
• restricting or withdrawing an individual’s access to Nursery premises;
• contacting the Police or another appropriate authority; or
• in sufficiently serious or persistent circumstances, considering protective suspension or termination of the Child’s place.

The Nursery is not required to progress through each stage where the seriousness of the conduct reasonably requires immediate action.

10.6 Restricting an Individual’s Access

The Nursery may temporarily or permanently restrict an individual’s access to its premises where reasonably necessary to protect children, families, educators, visitors or the safe operation of the setting.

Restricting one Parent/Carer or authorised person does not automatically terminate the Child’s place.

Where the Child continues to attend, the Parent/Carer is responsible for arranging a suitable alternative adult for drop-off and collection where required.

10.7 Communication Arrangements

Where communication has become abusive, harassing, excessively repetitive or materially disruptive, the Nursery may introduce reasonable communication arrangements, including requiring communication to be in writing, through a designated member of Management or by appointment.

Any such arrangement will not prevent a Parent/Carer from raising an urgent safeguarding concern, making a legitimate complaint or contacting an appropriate external authority.

10.8 Serious or Persistent Conduct

Where adult conduct is sufficiently serious or persistent that the Nursery reasonably considers the relationship necessary to safely and effectively care for the Child has fundamentally broken down, the Nursery may review whether the Child’s place can continue.

This may include serious threats or violence, persistent harassment or abuse, serious safeguarding concerns, repeated breach of access restrictions or other serious or repeated breaches of these Terms.

Any suspension or termination will be dealt with under the applicable provisions of this Agreement.

11. Safeguarding, Parental Cooperation and Information Sharing

11.1 Safeguarding Responsibilities

The Nursery has a statutory and professional duty to safeguard and promote the welfare of children in its care.

Parents/Carers must cooperate reasonably with the Nursery's safeguarding responsibilities and provide accurate information relevant to the Child's welfare, including where applicable information concerning parental responsibility, court orders, care arrangements, Social Care involvement or other safeguarding matters.

The Child's safety and welfare will take priority where the Nursery reasonably considers protective action necessary.

11.2 Safeguarding Referrals and External Agencies

Where a safeguarding concern arises, the Nursery may seek advice from, share information with or make a referral to an appropriate agency or professional, including Children's Social Care, the Local Authority, Police, Ofsted, healthcare professionals or another relevant safeguarding or regulatory body.

The Nursery does not require parental consent before taking safeguarding action where it has a lawful, statutory or professional basis for doing so.

A Parent/Carer's disagreement with a concern does not prevent the Nursery from seeking advice, making a referral or taking reasonable protective action.

11.3 Informing Parents

The Nursery will ordinarily communicate appropriately with Parents/Carers regarding safeguarding concerns affecting their Child.

However, the Nursery may seek advice, share information, make a referral or take protective action without informing the Parent/Carer beforehand where doing so could increase risk, prejudice an investigation or assessment, compromise evidence, place another person at risk, or be contrary to advice from an appropriate agency.

The Nursery may also be unable to disclose information which is confidential, relates to another person or forms part of an ongoing safeguarding or statutory process.

11.4 Information Sharing and Confidentiality

The Nursery may share relevant information without consent where this is necessary or lawful for safeguarding, child protection, welfare, statutory, regulatory or emergency purposes.

Information will be handled with appropriate regard to confidentiality, but confidentiality will not prevent the Nursery from sharing information where necessary to protect a Child or fulfil its legal responsibilities.

Parents/Carers may not be entitled to confidential safeguarding information, the identity of another person involved, information concerning another Child or family, or confidential staff employment or disciplinary information.

11.5 Safeguarding Arrangements Affecting Attendance or Access

Where necessary to manage a safeguarding concern, the Nursery may introduce proportionate protective arrangements, including:

• restrictions on who may enter the premises or collect the Child;
• alternative handover or collection arrangements;
• temporary changes or restrictions to attendance;
• protective suspension; or
• other measures reasonably necessary to manage an identified risk.

Parents/Carers must comply with reasonable safeguarding arrangements while a concern is being assessed or managed.

Failure to cooperate may be taken into account when determining whether the Nursery can safely continue to provide the Child's place.

11.6 Urgent Safeguarding Action

Nothing within these Terms requires the Nursery to delay urgent safeguarding action in order to obtain parental agreement, complete a complaints process, issue advance warning or follow an ordinary contractual stage.

Where immediate protective action is reasonably necessary, the Nursery may act first and communicate with the Parent/Carer when it is appropriate and safe to do so.

12. SEND, Inclusion, Behaviour and Temporary Attendance Adjustments

12.1 Inclusion and Additional Needs

The Nursery is committed to inclusive practice and to supporting children with special educational needs and/or disabilities (“SEND”), developmental differences, medical or additional needs.

A diagnosis, disability, SEND or additional need will not, by itself, be a reason to refuse, restrict, suspend or terminate a Child's place.

The Nursery will consider each Child individually and, where applicable, consider reasonable adjustments, appropriate support and relevant professional advice.

12.2 Identifying Needs and Working With Families

Where additional support may be required, the Nursery may assess and monitor the Child's needs, develop individual support arrangements, seek relevant professional involvement and review the effectiveness of support provided.

Parents/Carers must cooperate reasonably with this process, including by:

• sharing relevant information and professional reports available to them;
• participating reasonably in meetings and reviews;
• informing the Nursery of relevant changes; and
• supporting appropriate assessment, referral or support arrangements where required.

Disagreement with a particular recommendation does not, by itself, constitute non-cooperation. However, where information or cooperation reasonably necessary to understand or safely support the Child is not provided, the Nursery may review what provision can safely continue.

12.3 Behaviour and Risk

The Nursery recognises that behaviour may communicate a Child's developmental, emotional, sensory, communication, health or additional needs and will seek to use appropriate, positive and supportive strategies.

Where behaviour nevertheless presents a significant or repeated risk to the Child, other children, educators or the safe operation of the Nursery, proportionate measures may be introduced.

These may include additional support or supervision where reasonably available, environmental or routine adjustments, individual planning, risk assessment, requesting collection following a serious incident, professional involvement or temporary attendance adjustments.

12.4 Temporary Attendance Adjustments

In exceptional circumstances, the Nursery may temporarily adjust or reduce the Child's attendance where their existing timetable cannot, at that time, be safely or appropriately maintained.

Such an adjustment will not be introduced simply because the Child has SEND, a disability or requires additional support.

Where reasonably appropriate, the Nursery will first consider the Child's individual circumstances, identified risks, reasonable adjustments, support already attempted, relevant professional advice and whether a less restrictive arrangement could safely meet the Child's needs.

A temporary attendance adjustment is a supportive and risk-management measure, not a punishment, and will be kept under review.

12.5 Fees During Temporary Attendance Adjustments

Where the Nursery requires a temporary reduction or adjustment to attendance under this section, the Child's contracted place and applicable fees will remain unchanged, unless the Nursery expressly agrees otherwise in writing.

The purpose of the temporary arrangement is to support the Child and identify or establish the most appropriate attendance, timetable or support arrangements for their needs. It does not constitute:

• a permanent reduction in contracted attendance;
• cancellation of any part of the Child's place;
• notice to vary this Agreement; or
• an entitlement to a refund, credit or reduction in fees.

The Nursery will continue to reserve the Child's contracted place while the temporary arrangement remains under review.

Any permanent change to contracted attendance or fees must be expressly agreed and confirmed in writing.

Government funding will continue to be treated in accordance with applicable funding requirements and Section 6.

12.6 Immediate Protective Action

Where there is an urgent and significant risk of harm, the Nursery is not required to complete every support or review stage before taking immediate proportionate action.

The Nursery may require collection, temporarily restrict or suspend attendance, seek urgent professional or safeguarding advice or introduce another necessary protective measure.

Any temporary protective action will be reviewed as soon as reasonably practicable and does not, by itself, predetermine whether the Child's place can continue.

12.7 Where the Nursery Cannot Safely Meet the Child's Needs

The Nursery will make reasonable efforts to support the Child and will consider applicable reasonable adjustments, individual support and available professional input.

However, where following appropriate individual consideration the Nursery reasonably determines that the Child's needs cannot be safely, appropriately and consistently met, it may consider further attendance restrictions, protective suspension, a managed transition to alternative provision or termination in accordance with these Terms.

This may include circumstances where:

• a serious risk of harm remains despite reasonable support measures;
• necessary specialist provision or support cannot reasonably be provided by the Nursery;
• arrangements required for safe attendance cannot be consistently maintained; or
• the absence of information or parental cooperation prevents arrangements reasonably necessary for safe care from being established.

Any such decision will be based upon the individual circumstances and will not be made solely because the Child has SEND, a disability, diagnosis or other protected characteristic.

13. Suspension, Termination and Withdrawal

13.1 Financial and Protective Suspension

Financial suspension is governed by Section 5.

Separately, the Nursery may temporarily suspend or restrict the Child's attendance where it reasonably considers this necessary to protect the Child, other children, educators or the safe and appropriate operation of the Nursery.

Protective suspension may be considered in circumstances including:

• a serious safeguarding or welfare concern;
• an immediate or significant health or safety risk;
• serious or persistent Parent/Carer conduct;
• deliberate withholding of significant information relevant to safe care;
• serious or repeated breach of these Terms or Nursery policies;
• circumstances in which the Child's needs cannot currently be safely met; or
• another serious matter requiring investigation, assessment or protective arrangements.

Protective suspension is a precautionary measure and does not, by itself, predetermine whether the Child's place will ultimately be terminated.

13.2 Protective Suspension and Fees

Unless the Nursery expressly confirms otherwise in writing, protective suspension does not cancel or reduce the Child's contracted place and applicable fees remain payable.

The Nursery will keep the suspension under reasonable review and will consider whether attendance can resume, whether additional safeguards or arrangements are required, or whether further action is necessary.

Where the Nursery ultimately determines that it can no longer provide the Child's place, the applicable termination provisions below will apply.

13.3 Termination by the Nursery

The Nursery may terminate the Agreement and withdraw the Child's place where there is a serious or persistent breach of these Terms or where the Nursery reasonably determines that the contractual relationship can no longer safely or appropriately continue.

This may include:

• persistent non-payment or repeated financial suspension;
• serious or repeated breach of Nursery policies or contractual requirements;
• serious, threatening, abusive or persistently unacceptable Parent/Carer conduct;
• serious safeguarding or safety concerns;
• deliberate provision of materially false information or withholding of significant information;
• persistent failure to cooperate with arrangements reasonably necessary for the Child's safe care;
• circumstances in which, following appropriate individual consideration and reasonable adjustments where applicable, the Nursery cannot safely and consistently meet the Child's needs; or
• another serious circumstance resulting in a fundamental breakdown of the relationship necessary for the Nursery to care for the Child.

Any decision will be made having regard to the individual circumstances.

13.4 Immediate Termination

The Nursery will ordinarily seek to act proportionately and, where appropriate, provide an opportunity for concerns to be addressed.

However, the Nursery may terminate the Agreement with immediate effect and without ordinary notice where it reasonably considers the circumstances sufficiently serious that continuation of the contractual relationship or Child's place would be inappropriate or unsafe.

This may include serious violence or threats, serious safeguarding concerns, fraudulent or deliberately misleading information, conduct creating an unacceptable risk to another person, or another sufficiently serious breach of the Agreement.

Nothing in these Terms requires the Nursery to continue providing childcare during a notice period where doing so would create an unacceptable safeguarding, welfare or safety risk.

13.5 Termination With Notice by the Nursery

Where immediate termination is not necessary, the Nursery may terminate the Agreement by providing the Parent/Carer with one full calendar month's written notice.

The Nursery may use this provision where it reasonably determines that it no longer wishes or is no longer reasonably able to continue the contractual arrangement, provided that any decision is lawful and is not based unlawfully upon a protected characteristic.

Fees remain payable during the notice period in accordance with the Child's contracted attendance unless the Nursery confirms otherwise in writing.

13.6 Withdrawal by the Parent/Carer

A Parent/Carer may withdraw the Child by providing one full calendar month's written notice in accordance with Section 2.

Fees remain payable throughout the notice period whether or not the Child attends.

Removing the Child from attendance, ceasing to use the place, stopping a Direct Debit or informing an educator verbally does not constitute contractual notice.

Where the Child is already suspended, the Parent/Carer must still provide the required notice if they wish to terminate the Agreement, and applicable fees remain payable during that notice period.

13.7 Outstanding Amounts Following Termination

Termination, withdrawal or suspension does not extinguish amounts already due or becoming properly payable under the Agreement.

The Parent/Carer remains responsible for outstanding childcare fees, late-payment charges, notice period fees and other properly incurred charges.

The Nursery may continue to recover outstanding sums after the Child's place has ended.

13.8 Effect of Termination

Once termination takes effect:

• the Child has no continuing entitlement to the previous place or attendance pattern;
• any future application will be treated as a new request and subject to availability and the terms then in force;
• any applicable re-enrolment provisions may apply; and
• the Nursery may retain and process records as required by law, regulation, safeguarding, insurance or its legitimate record-retention requirements.

14. Changes to Fees, Terms and Nursery Provision

14.1 Acceptance of these Terms

These Terms and Conditions form part of the contractual basis upon which the Nursery provides childcare.

A Parent/Carer is not required to physically or electronically sign these Terms for them to apply.

By accepting a place, permitting the Child to commence attendance, or continuing to use the Nursery's services after these Terms have been provided or made reasonably available, the Parent/Carer accepts and agrees to be bound by them.

Where updated Terms are issued in accordance with this section, continued use of the Nursery's services following the applicable effective date will constitute acceptance of the updated Terms.

A failure to sign, acknowledge or respond to the Terms does not, by itself, prevent them from applying where the Parent/Carer accepts or continues to use the Nursery's services.

14.2 Annual Fee Reviews

The Nursery may review and amend its childcare fees, additional charges, discounts and other pricing arrangements from time to time.

The Nursery's ordinary annual fee review will normally take effect in April each year.

The Nursery aims to provide Parents/Carers with at least six weeks' written notice of changes to their childcare fees.

The six-week period is the Nursery's normal intended notice period rather than a guarantee that every fee related change will always be capable of being communicated six weeks in advance, particularly where a change results from government funding, taxation, legislation, regulation or another matter outside the Nursery's reasonable control.

Continued use of the Nursery's services after the effective date of a notified fee change will constitute acceptance of the revised fees.

14.3 Other Fee Changes

The ordinary April review does not prevent the Nursery from reviewing or changing a fee, charge, discount or pricing arrangement at another time where reasonably necessary.

This may include circumstances arising from:

• government or Local Authority funding changes;
• legislative or regulatory changes;
• taxation or statutory cost changes;
• correction of an error;
• introduction or alteration of an optional service; or
• another significant operational or financial circumstance.

Where such a change materially affects the Parent/Carer's privately payable childcare fees, the Nursery will provide reasonable written notice where practicable.

14.4 Changes to Government Funding

Government funding rates, eligibility requirements, Local Authority arrangements and the rules governing funded childcare are outside the Nursery's control and may change.

Where such changes affect the Nursery's funded provision, the application of Funded Hours or the privately payable element of the Child's place, the Nursery may make reasonable changes necessary to reflect the revised requirements.

The Nursery will communicate material changes to affected families as soon as reasonably practicable.

14.5 Changes to these Terms

The Nursery may review and update these Terms from time to time.

Minor, administrative, clarificatory or otherwise non-material changes may take effect immediately upon publication or communication and do not require Parent/Carer consent, acknowledgement or signature.

This may include changes which:

• clarify existing wording without materially changing its effect;
• correct an error or inconsistency;
• update terminology, references, contact information or administrative arrangements;
• reflect a policy or procedural update which does not materially alter the Parent/Carer's contractual obligations; or
• otherwise do not materially disadvantage the Parent/Carer or fundamentally alter the contractual relationship.

Where a change is material and significantly affects the Parent/Carer's contractual rights or obligations, the Nursery will provide reasonable written notice before the change takes effect, unless an earlier change is reasonably required by law, regulation, safeguarding, health and safety, government or Local Authority requirements, or another urgent circumstance.

A new signature is not required for an updated version of these Terms to take effect.

Where notice of a material change has been provided, continued use of the Nursery's services after its effective date will constitute acceptance of the revised Terms.

14.6 Nursery Policies

The Nursery's policies and procedures may be reviewed and updated from time to time to reflect legislation, statutory guidance, professional practice, safeguarding requirements and operational needs.

Parents/Carers are expected to comply with the policies applicable to their Child's attendance.

Policies may be updated without requiring these Terms to be reissued or re-signed.

A policy change will not ordinarily require individual Parent/Carer consent. However, a policy will not be used solely as a mechanism to impose a fundamentally different contractual obligation where that change should reasonably be addressed through these Terms.

14.7 Changes to Nursery Provision

The Nursery may make reasonable changes to the way its service operates where necessary for the safe, effective or sustainable operation of the setting.

This may include reasonable changes to:

• room organisation or allocation;
• staffing structures and deployment;
• routoutines and activities;
• meal or catering arrangements;
• use of premises or facilities;
• administrative or communication systems;
• opening arrangements; or
• other operational aspects of the service.

Such changes do not, by themselves, constitute a breach of this Agreement or entitle the Parent/Carer to a refund or fee reduction where the Nursery continues to provide the Child's contracted childcare.

14.8 Significant Changes to Contracted Provision

Where the Nursery proposes a significant change which materially alters the Child's contracted childcare provision, the Nursery will provide reasonable written notice where practicable.

Nothing within this clause prevents the Nursery from making immediate or temporary changes where reasonably necessary for safeguarding, health and safety, regulatory compliance, emergency circumstances or another matter requiring urgent action.

14.9 Communication and Effective Date of Changes

Changes to fees, Terms, policies or Nursery provision may be communicated using the contact details held by the Nursery, including by email or another recognised electronic communication method.

Parents/Carers are responsible for ensuring that their contact details remain current and for reviewing communications issued by the Nursery.

A communication does not require a Parent/Carer to reply, acknowledge receipt or provide a new signature in order for a properly notified change to take effect.

Where advance notice is required, the communication will identify the effective date of the relevant change.

Where a Parent/Carer does not wish to continue following a material change, they may exercise their contractual right to withdraw the Child by providing the notice required under Section 2, unless the Nursery expressly agrees an alternative arrangement.

15. Complaints, Concerns and Disputes

15.1 Raising a Concern or Complaint

The Nursery encourages Parents/Carers to raise concerns promptly so that they can be considered and, where possible, resolved at the earliest opportunity.

Complaints will be handled in accordance with the Nursery’s current Complaints Policy.

Where appropriate, Parents/Carers should ordinarily raise a concern with Nursery Management in the first instance and follow the escalation process contained within that policy if the matter remains unresolved.

15.2 Fair Consideration

The Nursery will consider complaints appropriately and in accordance with its applicable procedures.

A Child will not be treated unfavourably merely because their Parent/Carer has raised a genuine concern, made a complaint or contacted an appropriate external authority.

The Nursery expects Parents/Carers raising concerns to continue to comply with the standards of conduct contained within Section 10.

15.3 Confidentiality

Complaints will be handled with appropriate regard to confidentiality and data protection.

The Nursery may be unable to disclose information concerning:

• another Child or family;
• confidential safeguarding matters;
• staff employment or disciplinary matters;
• internal investigation material; or
• other information which the Nursery is not entitled or required to disclose.

Where a complaint involves safeguarding, the Nursery may follow safeguarding procedures separately from, or alongside, the ordinary complaints process.

15.4 External Complaints and Regulatory Bodies

Nothing within the Nursery’s internal complaints process prevents a Parent/Carer from contacting Ofsted, the Local Authority, a safeguarding agency or another appropriate external body where they are entitled to do so.

Where a matter falls within the responsibility of an external authority, the Nursery may cooperate with that authority and may adjust or pause elements of its internal process where necessary to avoid interfering with an external investigation.

15.5 Contractual Obligations During a Complaint

Making a complaint or disputing a decision does not automatically suspend or alter the Parent/Carer’s obligations under this Agreement.

Unless the Nursery expressly confirms otherwise in writing:

• childcare fees and other properly due charges remain payable;
• contractual notice periods continue to apply;
• attendance and collection requirements remain in force; and
• other applicable provisions of these Terms continue to operate.

Where a genuine invoice error is identified, the Nursery will correct the account in accordance with Section 4.

15.6 Disagreement With a Nursery Decision

Where a Parent/Carer disagrees with a decision made under these Terms, they may raise the matter through the Nursery’s applicable complaints or review process.

However, where the decision concerns safeguarding, health and safety, financial suspension, site access or another protective measure, the decision will remain effective while any complaint or review is considered unless the Nursery determines otherwise.

The existence of a complaint does not require the Nursery to reverse or postpone a measure which it reasonably considers necessary to protect children, staff, other persons or the safe operation of the Nursery.

16. Data Protection, Records and Communications

16.1 Personal Information

The Nursery will collect, use, store and otherwise process personal information relating to the Child and Parent/Carer in accordance with applicable data-protection law and the Nursery’s current Privacy Notice.

Information may be processed where reasonably necessary for purposes including:

• providing and administering childcare;
• maintaining the Child’s records;
• safeguarding and promoting welfare;
• managing health, medical and SEND requirements;
• administering fees, payments and government funding;
• communicating with Parents/Carers;
• complying with legal, regulatory and Local Authority requirements; and
• establishing, exercising or defending legal rights.

The Nursery’s Privacy Notice provides further information about how personal information is processed.

16.2 Accuracy of Information

Parents/Carers must ensure that information supplied to the Nursery is accurate and kept up to date.

The Nursery must be notified promptly of material changes, including changes to:

• address, telephone number or email address;
• emergency contacts;
• authorised collectors;
• parental responsibility or relevant legal arrangements;
• health, medical, allergy or SEND information; and
• information relevant to government funding.

The Nursery is entitled to rely reasonably upon the most recent information supplied to it.

16.3 Records and Retention

The Nursery will create and maintain records reasonably required for the provision of childcare and its legal, safeguarding, regulatory, financial and operational responsibilities.

Records may be retained after the Child leaves the Nursery where required or permitted for purposes including:

• legal or regulatory compliance;
• safeguarding;
• financial and accounting requirements;
• insurance;
• complaints or disputes; and
• the establishment, exercise or defence of legal claims.

Records will be retained in accordance with applicable law and the Nursery’s record-retention arrangements.

16.4 Information Sharing

Information may be shared with appropriate third parties where there is a lawful basis for doing so.

This may include, where relevant:

• Local Authorities and government bodies;
• Ofsted and other regulators;
• safeguarding agencies;
• healthcare or education professionals;
• funding administrators;
• professional advisers;
• insurers;
• debt-recovery providers; and
• service providers supporting the Nursery’s legitimate operations.

Safeguarding information sharing is additionally governed by Section 11.

16.5 Photographs, Video and Digital Learning Records

The Nursery may use photographs, video, observations and digital records for legitimate childcare, learning, assessment, safeguarding and record-keeping purposes where permitted by law and Nursery policy.

Where separate consent is required for a particular use for example, specified promotional, marketing or public-facing material, the Nursery will obtain that consent separately.

Consent to an optional use may be withdrawn in accordance with the applicable consent arrangements, but withdrawal does not necessarily require the Nursery to erase information which it has another lawful basis or legal requirement to retain.

16.6 Electronic Communications

Parents/Carers agree that the Nursery may communicate with them electronically using the contact details they have provided.

Email and other communication methods recognised by the Nursery may be used for matters including:

• invoices and account information;
• fee changes;
• changes to Terms or policies;
• contractual notices;
• funding information;
• operational updates;
• Nursery communications; and
• other information relating to the Child’s place.

Where the Nursery sends a communication to the most recent contact details provided by the Parent/Carer, the fact that the Parent/Carer does not read, acknowledge or respond to it does not, by itself, prevent the communication or notified change from taking effect.

16.7 Responsibility for Monitoring Communications

Parents/Carers are responsible for ensuring that the contact and communication details held by the Nursery remain complete, accurate and up to date at all times.

Where the Nursery provides access to a Parent Portal or other designated system through which Parents/Carers can view, add or update their contact details, Parents/Carers are responsible for maintaining their information through that system. Information recorded within the Parent Portal or designated system may be used by the Nursery's central administration and communication systems for the purposes of issuing Nursery communications.

Parents/Carers must ensure that an active and accessible email address and any other required contact details are maintained and must regularly monitor communications issued by the Nursery, including checking spam, junk or other filtered email folders where appropriate.

The Nursery may rely upon the most recent contact information recorded within its Parent Portal, administrative systems or otherwise provided by the Parent/Carer. Where a communication is properly issued using those details, including any communication relating to fees, Terms and Conditions, policies, funding, contractual arrangements or changes to Nursery provision, the communication will be treated as having been appropriately issued notwithstanding that the Parent/Carer may not have received, opened, read or acknowledged it.

Failure by a Parent/Carer to update their contact details, maintain access to an email account, monitor the Parent Portal or other relevant communication channels, or otherwise ensure that the Nursery holds accurate communication information does not invalidate a communication properly issued by the Nursery using the most recent information available to it.

Parents/Carers should notify the Nursery promptly if they believe their contact information is incorrect or that they are not receiving expected communications.

16.8 Changes to Communication Systems

The Nursery may introduce, replace or change the systems or platforms used for administration, invoicing, parent communication, learning records or other Nursery purposes.

Parents/Carers may be required to register for or reasonably use a system adopted by the Nursery where this is necessary for the effective administration of the Child’s place.

A reasonable change to an administrative or communication system does not constitute a material change to the Child’s contracted childcare provision.

17. General Contractual Provisions

17.1 The Agreement

The contractual agreement between the Nursery and the Parent/Carer consists of:

• these Terms and Conditions;
• the Child’s confirmed attendance arrangements;
• the applicable Fee Policy and Fee Information; and
• the Nursery policies and procedures referred to within these Terms or otherwise reasonably applicable to the Child’s place.

Together, these documents form the basis upon which the Nursery provides childcare.

17.2 Order of Priority

Where there is an inconsistency between documents forming part of the Agreement, the following order of priority will ordinarily apply:

1. these Terms and Conditions;
2. the Child’s individually confirmed contractual arrangements;
3. the applicable Fee Policy and Fee Information; and
4. other Nursery policies and procedures.

However, safeguarding requirements, applicable law, statutory guidance, regulatory requirements and government or Local Authority funding rules will take priority where they require a different approach.

17.3 No Waiver or Precedent

Where the Nursery:

• does not immediately enforce a provision of these Terms;
• allows additional time for compliance;
• waives a charge;
• permits an exception;
• exercises discretion in favour of a family; or
• accepts a temporary alternative arrangement,

this does not permanently waive the Nursery’s contractual rights or require the same exception to be made again.

Each situation may be considered individually.

17.4 Severability

If any provision of these Terms is found by a court or other competent authority to be unlawful, invalid or unenforceable, that provision will, so far as reasonably possible, be treated separately from the remainder of the Agreement.

The remaining provisions will continue to apply.

17.5 No Transfer of a Place

A Child’s Nursery place is personal to that Child and family and cannot be sold, transferred or assigned to another Child or family.

Any place requested for another Child, including a sibling, is subject to a separate application, availability and the terms and fees applicable to that place.

17.6 Nursery Ownership or Organisational Changes

The Nursery may transfer the operation of the setting or its rights and obligations under this Agreement as part of a lawful sale, transfer, restructure or reorganisation of the Nursery business.

Where this materially affects the provision of the Child’s childcare, Parents/Carers will be informed as appropriate.

17.7 Third-Party Rights

Except where applicable law provides otherwise, a person who is not a party to this Agreement has no right to enforce its contractual terms.

17.8 Notices

Where these Terms require notice to be given in writing, it may be provided by email or another written communication method expressly recognised by the Nursery for that purpose.

Notice from a Parent/Carer takes effect when it is received by the Nursery through an appropriate recognised channel.

The Parent/Carer is responsible for ensuring that important contractual communications, including notice to reduce attendance or withdraw the Child, have been received.

Notices issued by the Nursery may be sent to the most recent contact details supplied by the Parent/Carer.

17.9 Nursery Discretion

Where these Terms state that the Nursery may exercise discretion, that discretion will be considered having regard to the individual circumstances.

The exercise of discretion in one case does not create an entitlement to the same decision in another case.

Nothing within these Terms requires the Nursery to exercise discretion where doing so would conflict with safeguarding, legal, regulatory, funding, health and safety or other applicable requirements.

17.10 Governing Law and Jurisdiction

This Agreement is governed by the laws of England and Wales.

The courts of England and Wales will have jurisdiction in relation to disputes arising from the Agreement, subject to any rights which cannot lawfully be excluded or restricted.

17.11 Continuing Obligations

Termination of the Agreement does not affect rights or obligations which arose before termination or which are intended to continue afterwards.

This includes, where applicable:

• outstanding fees and charges;
• debt recovery;
• confidentiality;
• safeguarding and record keeping;
• data retention; and
• rights relating to an existing complaint, dispute or legal claim.

17.12 Acceptance Without Signature

These Terms do not require a Parent/Carer’s signature in order to take effect.

By:

• accepting a Nursery place;
• allowing the Child to commence attendance; or
• continuing to use the Nursery’s services after these Terms or an updated version have been provided or made reasonably available,

the Parent/Carer confirms acceptance of and agreement to the applicable Terms.

Where the Nursery makes a material change, the notice provisions within Section 14 will apply. Minor, administrative, clarificatory or otherwise non-material changes may take effect immediately in accordance with that section.

Failure to sign, acknowledge or respond to these Terms does not, by itself, prevent them from applying.