Any other instructions : TERMS AND CONDITIONS OF BUSINESS OF
Newton Farm After School Club
1 DEFINITIONS
The following expressions shall have the following meanings:
1.1 “After School Club” means HoneyBee Childcare ltd t/a Newton Farm After School Club of
20-22 Wenlock Road, London, N1 7GU
1.2 “Customer” means any party who enters into a contract for Services with the After School
Club;
1.3 “Child” means the child who shall attend the After School Club and for whom the
childcare services are to be provided;
1.4 “Application Form” means a booking document, registration form, letter of engagement,
quotation or other written instruction describing the Services and requesting a contract for those Services;
1.5 “Services” means the After School Club services as described in the Application Form
and these Terms and Conditions;
1.6 “Fees” mean the payment for Services as outlined in these Terms and Conditions and the
Application Form;
1.7 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the After School Club;
1.8 “Agreement” means the contract between the After School Club and the Customer for the
provision of the Services incorporating these Terms and Conditions.
2 GENERAL
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the After School Club to the Customer and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the After
School Club.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express
or implied, or any legal remedy to which the After School Club may be entitled in relation to the Services, by virtue of any statute, law or regulation.
3 APPLICATION FORM
3.1 The Application Form is attached to these Terms and Conditions.
3.2 The Application Form shall remain valid for a period of 28 days
3.3 The Application Form must be accepted by the Customer in its entirety.
3.4 The Agreement between the After School Club and the Customer, incorporating these Terms and Conditions, shall only come into force when the After School Club confirms acceptance in writing to the Customer.
4 SERVICES AND DELIVERY
4.1 The Services are as described in the Application Form and in these Terms and
Conditions.
4.2 Any variation to the Services must be agreed by the After School Club in writing.
4.3 The Services shall commence on the date the Customer receives notification that the
Child has been awarded a place at the After School Club and continue until terminated by either party according to the terms of this Agreement.
4.4 Dates given for the delivery of Services are estimates only and not guaranteed. Time for
delivery shall not be of the essence of the Agreement and the After School Club shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.
5 TERM DATES
The After School Club term dates are as specified in the Application Form.
6 OPENING TIMES
6.1 The After School Club shall be open from Monday to Friday.
6.2 The hours of operation shall be from 15:00 to 18.00 term time. 08:00 to 18.00 out with
term time
6.3 The After School Club may alter these opening times and shall give written notice to
Customers of any such changes.
6.4 The After School Club shall only be closed on dates as, as intimated to the Customer in writing. This will be done on our closed families page.
6.5 Late collection of the Child shall result in a late collection charge of £10 per 30min or as
outlined in the Application Form.
7 FEES
7.1 A non-refundable registration fee of £25 will be payable by the Customer on submission
of the Application Form.
7.2 Should the After School Club be unable to fulfil an offer of a place the registration fee
and/or deposit shall be refunded to the Customer.
7.3 The Fees are as specified in the Application Form and are currently exempt of VAT.
7.4 The Fees are payable monthly in advance, based on the expected attendance of the
Child at the After School Club. Appropriate deductions will be made for any days the After School Club is due to be closed.
7.5 The Fees must be paid by Standing Order or by Bank Transfer. We do accept all vouchers.
7.6 Any additional items required for the care of the Child, extra childcare activities or penalty
charges shall be charged according to the month they become due.
7.7 The Customer must settle all payments for Services prior to service delivery
commencing.
7.8 The Customer will pay interest on all late payments at a rate of 5% per annum above the
base lending rate of Bank of Scotland.
7.9 The After School Club is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to the After School Club is late.
7.10 The Customer is not entitled to withhold any monies due to the After School Club.
7.11 The After School Club is entitled to vary the price to take account of:
7.11.1 any additional Services requested by the Customer which were not included in
the original Application Form;
7.11.2 any reasonable increase in rates, if applicable;
and any variation must be intimated to the Customer in writing by the After School Club.
7.12 Fees remain due if the Child is absent from After School Club for any reason.
7.13 A late payment charge of £5 per day is payable for Fees not paid on time.
8 AGE OF CHILD
The After School Club caters for children from the age of 4 to 12. With no more than 5 of secondary school age for whom specific conditions of registration apply. Subject to the providers discretion
9 CHANGE OF SESSIONS
9.1 The After School Club is entitled to change the sessions offered to the Child on giving one month’s notice to the Customer. Should the Customer find the changes unacceptable they shall be entitled to remove the Child from the After School Club with immediate effect.
9.2 If the Customer wishes to change the sessions the Child is registered for they must notify the After School Club at least one month before such changes are required and any changes are subject to the agreement of the After School Club.
9.3 Additional sessions required on an individual basis may be given subject to the prior
agreement of the After School Club and advance payment.
10 CUSTOMER OBLIGATIONS
10.1 The Customer agrees to cooperate with the After School Club.
10.2 The Customer shall refrain from directly or indirectly recruiting any person employed or engaged by the After School Club for the purpose of providing the Services for a period of twelve months following the Child’s attendance at the After School Club.
10.3 The Customer shall not allow the Child to bring in any of their own possessions, including but not limited to toys, mobile phones, game consoles and music players, to the After School Club without the permission of the After School Club. In the event that such items are brought in by the Child the After School Club accepts no liability for any loss or damage that may occur.
10.4 The Customer shall ensure the Child is adequately dressed for the weather conditions. A spare set of clothes is advisable for wet weather and sun lotion and a sun hat is required for hot weather.
11 AFTER SCHOOL CLUB OBLIGATIONS
11.1 The After School Club shall supply the Services as specified in the Application Form and
in these Terms and Conditions.
11.2 The After School Club shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and government guidelines.
11.3 The After School Club shall inform the Customer as soon as possible of any changes to
hours or sessions and shall try to accommodate any requests made by the Customer.
11.4 The After School Club shall try to offer siblings a place if required wherever possible but
this cannot be guaranteed.
11.5 The After School Club must report to the proper authorities any instances where they have reason to believe that the Child has been the subject of neglect or abuse. This may be done without informing or obtaining the consent of the Customer.
11.6 The After School Club shall hold valid and adequate insurance policies for running a
business of this nature.
11.7 The After School Club shall maintain staffing levels according to national recommended
standards at all times.
11.8 The After School Club shall supply snacks and drinks to the Child.
11.9 The After School Club shall collect the Child from a collection point within the school
grounds.
11.10 The After School Club shall walk as a group from the school grounds to the premises of
the After School Club.
11.11 The After School Club shall supply coloured safety vests for each child in their care.
11.12 The After School Club shall ensure a quiet area is available for the purpose of completing
homework but cannot provide assistance to the Child to complete this task.
12 SICKNESS AND MEDICAL INFORMATION
12.1 A Child suffering from any contagious disease is not permitted to attend the After School
Club. This includes, but is not limited to, fever, sickness, diarrhoea, impetigo and conjunctivitis.
12.2 The After School Club reserves the right to refuse admission to any child they suspect of
having a contagious condition and or fever.
12.3 The After School Club accepts no liability for the contraction of any illness transmitted at
the After School Club.
12.4 The Customer must complete and return the After School Club’s standard medical health record prior to the first attendance and must inform the After School Club immediately of any change to this information.
12.5 The Customer must complete a medical consent form prior to the first attendance to permit the After School Club staff to administer first aid as well as any medicines supplied by the Customer for the Child.
12.6 The After School Club shall not be held responsible for any negative effects caused by
the administration of any medication supplied by the Customer for the Child.
13 CHILD DETAILS
13.1 The information supplied in the Application Form must be accurate and the After School
Club is entitled to rely on this information.
13.2 The Customer must notify the After School Club immediately of any changes to this
information.
13.3 The After School Club shall comply with all data protection legislation.
13.4 The Customer must advise the After School Club if the Child is the subject of any court
order and supply a copy of such an order if requested.
13.5 The After School Club may take photographs of the Child for promotional or educational purposes. The Customer should notify the After School Club in writing to grant or withdraw consent for photographs of the Child to be used for such purposes.
14 ABSENCE AND COLLECTION
14.1 The Customer must advise the After School Club as soon as possible if the Child is to be
absent.
14.2 The Customer must advise the After School Club as to the identity of the person who shall collect the Child at the end of a session. If that person is not known to the After School Club proof of identity may be requested. If the After School Club is not satisfied as to the credibility of such a person the Child shall not be released.
14.3 If the Customer is unable to collect the Child at the appointed time a late collection
charge may be payable as specified in Condition 6.5 of these Terms and Conditions.
15 PERSONAL PROPERTY
15.1 The After School Club shall not be liable for any loss or damage to any personal property
brought onto their premises or any damage or injury resulting from any such items.
15.2 All clothing must be clearly marked with the name of the Child.
16 COMPLAINTS POLICY
16.1 In the event that the Customer is unhappy with the Services these issues should be
raised with the After School Club manager in the first instance.
16.2 If the Customer wishes to make an official complaint this should be carried out in accordance with the After School Club’s standard complaints procedure available from After School Club staff.
17 TERMINATION
17.1 The Agreement shall continue until the Services have been provided in terms of the Application Form or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
17.2 The Customer may terminate this Agreement by giving 4 weeks in writing of the intention
to withdraw the Child from the After School Club.
17.3 The After School Club may terminate this Agreement by giving 4 weeks in writing of the
intention to cease to provide the Services. Customer or Child demonstrates any physical or verbal abuse towards staff or other children.
17.4 The Customer may terminate the Agreement if the After School Club fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 4 weeks after notification of non-compliance is given.
17.5 The After School Club may terminate the Agreement if the Customer has failed to make
over any payment due within 1 Week of the sum being requested.
17.6 Either party may, with immediate effect, terminate the Agreement by notice in writing to
the other if:
17.6.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
17.6.2 the other party commits a material breach of these Terms and Conditions which
cannot be remedied under any circumstances; or
17.6.3 the After School Club passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
17.6.4 the After School Club ceases to carry on its business or substantially the whole
of its business; or
17.6.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
17.7 In the event of termination the Customer must make over to the After School Club any
payment for Services incurred up to the date of termination.
17.8 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
18 WARRANTY
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
19 LIMITATION OF LIABILITY
19.1 The After School Club shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer however caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
19.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the After School Club for death or personal injury, however the After School Club shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the insurance policy held by the After School Club in the insurance year in which the Customer’s claim is first notified.
20 INDEMNITY
The Customer shall indemnify the After School Club against all claims, costs and expenses which the After School Club may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.
21 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
22 ASSIGNMENT
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the After School Club.
23 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
24 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
25 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
26 NOTICES
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Application Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
27 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
28 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
29 PANDEMIC
If the club has to close due to government guidelines, we will require 50% of fees owed for the rest of the term. No refunds will be given for the month of the closure. If after this date the guidelines advise the club to stay closed you will be given the option to secure your place by paying a monthly, non-refundable, retainer of 25%, or giving notice (7 days required). Please note: if you decide to give up your space you will be added to any waiting list that is in place and may not be guaranteed your space back. We understand that everyone’s circumstances are different, and we want to assure you, that we will work with you in this situation. Should we be able to open to ‘key children’ during this time and you feel you come under that category, please contact us and we will discuss your requirements further. You will then be asked to pay the full fees for the sessions you wish to use, you will be asked to confirm if you would like any contracted days that you are not accessing to be retained at 50%/25% or if you would like to cancel those sessions
This will be constantly reviewed in line with any Government communications.
HOW WE USE PERSONAL DATA
We ask you for the names and contact details of parents/guardians so that we can provide the services you have requested, to maintain our records and [USE OF CONTACT DETAILS]. We may share details of parents/guardians with [OTHER PARTIES] to [OTHER USE].
We ask for medical and dietary details of your child/children so that [USE OF MEDICAL DETAILS]. This information may be shared with [MEDICAL PARTIES] to [MEDICAL USE].
We may take photographs of your child/children for educational and promotional purposes. If you agree to us using photographs of your child/children in this way, please tick this box:
We indicate by our signatures that we accept the Terms and Conditions of this Agreement.:
Full Name of Parent/Carer:
Digital Signature
Sakuntaladevi
Date & time:
