Terms and Conditions

This contract is between:

Willow Den Scotland Ltd. And

Parent’s Named in the online nursery management system

The Terms and Conditions apply to this contract. Please read them carefully.

1. Definitions
   • 1.1 The definitions below apply in these terms and conditions:
     • “Child” the child or children who are named in the online nursery management system.
     • “You” the person, firm or company who purchases Services from us;
     • “Services” the services of a daycare nursery delivered at a nursery setting owned and run by Willow Den Scotland Ltd. Details of which services will be provided to you in the Information Pack, Parent Handbook and Registration Forms;
     • “Us” Willow Den Scotland Ltd. (a Limited Company registered in Scotland, No. SC674394) with registered office at Inspiring Scotland, 14 New Mart Road, Edinburgh, EH14 1RL
2. Formation of the contract
   • 2.1 A contract for the Services will be formed between you and us once you have completed the online registration form through our online nursery management system.
   • 2.2 These terms and conditions govern the contract between you and us for the Services. No other terms apply unless they are in:
     • 2.2.1 A parent handbook issued to you by us
     • 2.2.2 A policy issued to you by us
     • 2.2.3 A Fee Information Sheet issued to you by us
     • 2.2.24 A letter that is signed by both you and us
   • 2.3 In the case of any uncertainty to which terms apply, these terms and conditions will apply.
3. Duration of the contract
   • 3.1 The contract shall last until it is terminated by either you or us giving to the other, in writing, at least one full calendar months’ notice. However, the contract can in some circumstances be terminated immediately under clause 12.
   • 3.2 You are liable for the fees due during the notice period regardless of attendance
4. Provision of the Service
   • 4.1 The services will be provided by the Willow Den setting, details of which will be provided in the Information Pack and Parent Handbook
   • 4.2 Any change in service provision times or days of operation will be notified to you in writing with at least 28 days’ notice, except as set out in the provision clauses 4.3
   • 4.3 The Services may be suspended (meaning the Child is temporarily not able to attend the nursery) in the circumstances set out in our Business Continuity Plan or in the circumstances set out in clause 13.
5. Our Obligations
   • 5.1 We will use all reasonable efforts to provide the Services to you, in accordance in all material respects with these terms and conditions and any other documents referred to in 2.2 above
   • 5.2 We welcome staff and children from all backgrounds and ethnic groups. Human rights and freedoms are respected. We will do all that is reasonable to ensure that our culture, policies, and procedures promote accessibility to children who may have an identified need or disability. We aim to comply with the social and moral obligations under the Special Educational Needs and Disability Act (2001) and, or Equality Act (2010) in order to accommodate the needs of children, applicants and members of staff who have disabilities for which, after reasonable adjustments, we can cater adequately.
   • 5.3 If we determine, in our sole discretion (after appropriate analysis and risk assessment) that reasonable adjustments cannot be made for a Child, and as such we cannot continue to adequately provide a service that is high quality or safe for that Child (or enrol them as the case may be) then we shall be permitted to request that you withdraw the Child without being charged fees in lieu of notice.
6. Your Obligations
   • 6.1 You shall provide to us such information as we may reasonably require about:
     • 6.1.1. The Child, including but not limited to:
       • Any known, medical condition, health problem, allergy or diagnosed dietary requirements
       • Any prescribed medication
       • Any family circumstances or court orders affecting the Child; and
       • Any concerns about the Child’s safety
     • 6.1.2 Relevant adults, including, but not limited to:
       • Your contact details
       • Details of authorized persons who may collect the Child; and
       • Information regarding anyone with restricted access to the Child
   • 6.2 You must (a) ensure that these details are correct and (b) keep these details up-to-date, by promptly informing us in writing whenever they change
   • 6.3 You shall co-operate with us in all reasonable respects. If our performance of our obligations under the contract is prevented or delayed by anything you do (or fail to do), we shall not be liable
   • 6.4 You shall not employ (or attempt to employ) any member of our staff without our consent, until six months from the end of this contract.
   • 6.5 To settle invoices in a timely manner in accordance with Willow Den’s Fees, Invoicing and Debtors Management Policy
   • 6.6 You are required to give us one month’s notice of a reduction in the number of sessions you require. Increases in sessions required can take effect as soon as agreed with the nursery manager.
   • 6.7 You must notify the nursery manager if the Child is absent from the nursery through sickness
7. Fees, Payment and Funding
   • 7.1 Willow Den charges fees for non-funded hours, and can, in compliance with the “FUNDING FOLLOWS THE CHILD AND THE NATIONAL STANDARD FOR EARLY LEARNING AND CHILDCARE PROVIDERS: PRINCIPLES AND PRACTICE”, apply additional costs such as outings or extra-curricular activities.
   • 7.2 You shall pay any fees set out in the Fee Information Sheet or in accordance with clause 13
   • 7.3 Where the Child is unable to attend but our service remains available and fees are payable, the full charges are due for the period of absence. VAT is not charged on nursery fees (nursery provision is an exempt supply for VAT purposes)
   • 7.4 All payments must normally be made by bank transfer, direct debit or childcare vouchers or tax-free childcare. No payment shall be deemed to have been made until it is cleared into our bank account. If a payment fails, we will refer to the Fees, Invoicing and Debtors Management policy.
   • 7.5 Fees will be reviewed annually. We will give you written notice of any such increase at least 28 days before the proposed date of increase.
   • 7.6 Without restricting any other legal right that we may have, if you fail to pay us on time, we will follow the procedure as set out in the Fees, Invoicing and Debtors Management policy.
   • 7.7 If you owe us any money, and make a claim against us, we may offset what you owe us against what you are claiming from us.
   • 7.8 We fully support parents to take up the statutory provision funded nursery education in settings which are in partnership with local authorities to delivery funded ELC. We will work with you to complete the required documentation.
   • 7.9 In accordance with the National Standard for ELC providers we do not charge for funded childcare. Parents and carers are not expected to pay any top up fees in order to access the funded entitlement.
   • 7.10 If you have opted for a blended nursery placement (i.e. the Child attends multiple childcare providers) and a change is made to the funded hour allocation at the other provider, you must inform us immediately in writing. Failure to do so will result in you being liable to pay any different from the date of the change.
8. Health, Welfare and Safeguarding of the Child
   • 8.1 We will do all that is reasonable to safeguard and promote the Child’s welfare and to provide care to the standard required by legislation as a minimum.
   • 8.2 We will respect the Child’s human rights and freedoms which must however, be balanced with the lawful needs and rules of our nursery and the rights and freedoms of others.
   • 8.3 You consent to physical contact as may be lawful and in accordance with good practice and, be appropriate and proper for an early learning and childcare setting. Physical contact includes providing comfort to a Child in distress, or to maintain safety and good order, or in connections with the Child’s health and welfare.
   • 8.4 If the Child becomes ill whilst at nursery we will follow the appropriate policies and procedures as set out in the Parents Handbook.
   • 8.5 If the Child is suffering from a communicable illness, they should not be brought to the nursery until such time as the infections has cleared. Please refer to illness/communicable disease list supplied in the ELC Health & Safety Handbook.
   • 8.6 Children are only excluded from nursery to prevent the spread of infection in compliance with Health Protection Scotland’s ‘Infection Prevention and Control in Childcare Settings, 2018’. Exclusion periods can be found on pages 19 and 20.
   • 8.7 We will administer medication in accordance with the appropriate policy and procedures.
   • 8.8You will be informed of all accidents occurring at the Service through the online nursery management system. If the Child arrives at the setting with an injury, you will be required to complete an ‘Accident outside of Nursery’ form at drop off.
   • 8.9 We have an obligation to report to the relevant authorities any suspicions we have that your Child has suffered neglect or abuse, and where necessary in compliance with our Child Protection Policy, we may do so without your consent and/or without informing you.
   • 8.10 Parents are welcome to visit the nursery, but we will not admit anyone without prior notification.
   • 8.11 No Child will be allowed to leave the nursery site with any person who has not been notified as an authorized person to collect the Child on your behalf and who is able to provide the agreed password provided in the online nursery management system.
   • 8.12 Parents are requested not to use their mobile phones within the nursery premises unless permission has been given by the Nursery Manager.
9. Limitation of Liability
   • 9.1 This clause sets out our (and our employee’s, agents’, consultants and subcontractors’) liability to you in respect of the contract (including any breach of it, any statement we make to you about it, our termination of it).
   • 9.2 All terms are implied by law are, to the fullest extent permitted by law, excluded or deleted from the contract.
   • 9.3 Nothing in these terms and conditions in any way limits our liability or fraud, or for death or personal injury resulting from negligence.
   • 9.4 We shall not be liable for:
     • 9.4.1 Any loss of any damage to any toys, equipment or bags, clothing etc. you may bring into our nursery;
     • 9.4.2 Loss of any profits or consequential; or any other indirect loss; and
     • 9.4.3 Subject always to clause 9.2
10. Data Protection
    • 10.1 You agree that details of your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by an on behalf of us in connection with the Services.
    • 10.2 We may take photographs and/or videos of your Child for promotional or training purposes only. If you do not wish for your Child to be included in such photographs or videos, please inform us by selecting ‘No’ to the relevant permissions on the online nursery management registration form, or by writing to the nursery manager.
    • 10.3 Any personal data related to You or your Child will be dealt with in accordance with our privacy notice, which can be found at www.willowden.scot
11. Complaint or Concerns
    • 11.1 Please address any complaint or concerns to the supervisor in charge, in the first instance, and if the matter is not resolved within a reasonable period, please refer it to the Nursery Manager. Please also refer to our Complaints and Compliments policy which shall apply to any complaints received by us.
12. Termination for breach of contract, or bankruptcy/insolvency
    • 12.1 Without restricting any other legal rights which the parties may have, either party may terminate the contract without liability to the other immediately on giving written notice to the other if:
      • 12.1.1 The other party commits a material breach of any of the terms of the contract and (if such a breach is capable of being remedied) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
      • 12.1.2 The other party commits a material breach of any of the terms of the contract and (if such a breach is capable of being remedied) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
      • 12.1.3 The other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed either unable to pay its debts or having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986.
    • 12.2 On termination of the contract for any reason:
      • 12.2.1 You shall immediately pay all of our outstanding invoices including any charges and in respect of Services supplied but for which no invoice has been submitted, we may submit an invoice which shall be payable immediately on receipt; and
      • 12.2.2 Any clause in these terms and conditions which implicitly is intended to survive termination shall continue in force.
13. Events that are beyond our control
    • 13.1 If any event beyond our reasonable control (e.g. a fire, flood, epidemic or pandemic outbreak, strike, civil action, act of terrorism, war etc.) occurs, for which we have business interruption insurance, we may close the nursery without liability to you and we will not charge you for the fees for the time the nursery is closed. We will keep you informed in such an event.
    • 13.2 If the nursery is forced to close for reasons beyond the nursery control or if it is, in our reasonable opinion, necessary or in the interests of the Child to do so we may close the nursery even through our business interruption insurance will not cover us for the closure. In these circumstances, we reserve the right to continue to invoice in line with our usual policy for a period of up to 5 working days and thereafter may charge a retainer of 25% of your regular monthly fee to enable the nursery to hold your child’s place and cover unavoidable ongoing overheads during this time. Every reasonable effort will be made to minimise the disruption to service. For example, we may close because of severe weather conditions, outbreak of flu, swine flu, COVID-19 or other illnesses etc. Also, if the owner of the premises closes the premises and denies us access.
14. Invalid clauses
    • 14.1 If any part of the contract is found by any court or similar authority to be invalid, illegal or unenforceable, that part shall be struck out, but the rest of the contract shall apply.
15. Changes to these terms and conditions
    • 15.1 We may change these terms and conditions where such a change arises from changes in regulations or legislation affecting us.
    • 15.2 We will review the contract annually.
    • 15.3 We may unilaterally change any provision of these terms and conditions without notice to you where such change arises from regulatory or legislative requirements. For any other changes to these terms and conditions we will give you four weeks’ notice in writing (including by email).
16. No other terms
    • 16.1 Each party acknowledges that, in entering into the contract, it has not relied on anything said or written in the contract. This applies unless fraud is established.
17. Assignment
    • 17.1 The contract is personal to you. You shall not, without our written consent, transfer anyone else any of your rights or obligations under the contract.
18. Rights of third parties
    • 18.1 A person who is not a party to the contract shall not have any rights under connection with it
19. Governing law and jurisdiction
    • 19.1 The contract, any dispute or claim arising out of it in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by the law of Scotland. The courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.