Part A – Agreement for the payment of fees
Non-Payment of Fees Procedure
If fees are not received in a timely manner in respect of any privately funded hours we will follow the below procedure:
- You will receive a phone call and/or email from our finance manager to alert you to the missed payment/default of payment plan. This gives you the opportunity to make payments without incurring charges. Failure to contact Admin/Finance within 24 hours will result in an administration fee of £10.00 being applied to your account.
- If we do not hear from you within 72 hours of the email your account will be passed to the Head of Finance, who will try to contact you by telephone and email. If you do not respond within 2 working days, the private element (i.e. not funded by 1140 hours) of your childcare place will be suspended, a letter will be hand-delivered to you at the service your child attends and issued via email to the primary contact, and you will be charge a further fee of £10.00 Where your child accesses funded hours, these will continue without disruption.
- If payment is made within 10 working days of the suspension of service, no further action will be taken and the service will resume. If no payment or contact is made, any part of your childcare place not related to funded hours will be terminated and all outstanding monies will become due for immediate payment.
- Once your childcare place has been terminated, if payment is not received or contact made to discuss a payment plan within 10 days from date of termination, we will immediately refer the matter to a debt collection agency, for which we charge an administration fee of £50.00. You will also be liable for all subsequent charges levied by the agency. If we are required to attend at the Sheriff Court, costs will be applied at £20 per hour, person.
Part B – Terms and Conditions
- 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 during the days or half days indicated in Part A (*excluding any Christmas closure and staff inservice training days) together with any other services which we provide, or agree to provide, to you;
“Us” the nursery named in the online nursery management system
2. Formation of the contract
2.1 A contract for the Services will be forms between you and us once you have given us a signed, fully completed, registration form and any other associated documents and we have confirmed to you in writing that your application for a place has been successful.
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 letter that is signed by both you and us
2.3 In the case of any uncertainty as to which terms apply, these terms and conditions will apply.
3. Duration of the contract
3.1 The contract shall last until it is terminated by either you or us giving to the other, in writing, at least one full calendar months’ notice. However, the contract can, is come circumstances be terminated immediately under clause 18.
3.2 You are liable for the fee during the notice period regardless of attendance.
4. Provision of the Service
4.1 The Service operates Monday to Friday, year round with the exception of the Christmas Break and individual closures to accommodate staff training and other exceptional events. You will be notified of closure dates for the current academic year on registration, and annually thereafter. Session times vary according to the needs of each Willow Den setting and current operational hours at your chosen location will be notified to you at the time of registration.
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 4.4 and 19.
4.3 If the Child is going to arrive significantly late or be absent you must phone the nursery by 08.30 to notify the nursery.
4.4 The Services may be suspended (meaning the Child is temporarily not able to attend the nursery) in the circumstances set out in our Critical Incident Policy or in the circumstances set out in clause 19.
5. Our Obligations
5.1 We will use all reasonable efforts to provide the Services to you, in accordance 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 right 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:
- 6.1.1.1. Any known medical condition, health problem, allergy or diagnosed dietary requirement
- 6.1.1.2. Any prescribed medication;
- 6.1.1.3 Any lack of any vaccination which the Child would ordinarily have by their age;
- 6.1.1.4 Any family circumstances or court orders affecting the Child; and
- 6.1.1.5 Any concerns about the Child’s safety.
6.1.2. Relevant adults, including, but not limited to
- 6.1.2.1 Your contact details;
- 6.1.2.2 Details of authorised persons who may collect the Child; and
- 6.1.2.3 Information regarding anyone with restricted access to the child.
6.2 You must (as) ensure that these details are accurate and (b) keep these details up-to-date, by promptly informing us in writing whenever they change.
6.3 Drop off and pick up your Child as outlined in Clause 4.2 and in accordance with Willow Den’s Safe Pick Up and Drop Off Policy and Procedure. Please ask for a copy if necessary.
6.4 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.
6.5 You shall not employ (or attempt to employ) any member of our staff without our consent, until six months from the end of this contract.
6.6 To settle invoices in a timely matter in accordance with Willow Den’s fee policy.
7. Non-funded ELC fees and payment
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 as set out in Part A or in accordance with clause 19. Fees are calculated on an annualised basis by multiplying the weekly fee by the weeks open in each year (50) and dividing the total by twelve – running from 1 August to 31 July each year.
7.3 Individual day adjustments will be made for staff in-service training days where the child’s core hours would normally include those days. Any other additional closures will be adjusted for in a similar manner.
7.4 Where fees are charged no adjustment is required in respect of bank holidays and/or staff training days as these have been taken into account in the monthly fee calculation.
7.5 We have included an allowance for lunch and snacks in our daily rate for non-funded entitlement.
7.6 Where the Child is unable to attend by 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).
7.7 The quoted charges are per Child, per core day (meaning 8 hours). Occasionally we may offer less than whole day periods, these are called sessions. Each session is 4 hours per sessions and includes lunch and/or snack as appropriate.
7.8 Extra hours (or parts of any hour) will be charged (at the ruling rate) and must be booked and paid for at least 24 hours in advance.
7.9 Where fees are due, these must be paid monthly in advance, by the 7th day of the month.
7.10 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 may charge a reasonable administration fee currently £10
7.11 Fees will be reviewed annually in June. We will give you written notice of any such increase at least 28 days before the propose date of increase.
7.12 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 Part B.
7.13 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.
8. Changing sessions
8.1 You are required to give us one month’s written notice of a reduction in the number of sessions you require.
8.2 Increases in sessions required can take effect as soon as agreed with the nursery manager. A revised fee schedule will be issued within 10 working days.
9. Funded Early Learning and Childcare (ELC)
9.1 We fully support parents to take up the statutory provision funded nursery education in settings which are in partnership with local authorities to deliver funded ELC. We will work with you to complete the required documentation.
9.2 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.
9.3 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 difference from the date of the change.
10. Welfare of the Child
10.1 We will do all that is reasonable to safeguard and promote the Child’s welfare and to provide care to the standard required by legislation as a minimum.
10.2 We will respect the Child’s human rights and freedoms which must however, be balanced with the lawful needs and rules of our nursery and the rights and freedoms of others.
10.3 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.
10.4 Parents of Children who are not potty trained must provide disposable nappies.
10.5 For information on our behaviour management strategies, please refer to Willow Den’s Promoting Positive Behaviour Policy. Most policies are available on our website www.willowden.scot or you can email admin@willowden.scot
10.6 Willow Den uses emergency procedures for accidents, evacuations, incidents and allergic reactions, please refer to the individual policies and procedures and ask you Key Worker for a copy where required.
10.7 Willow Den uses emergency procedures for accidents, evacuations, incidents and allergic reactions, please refer to the individual policies and procedures and ask your Key Worker for a copy where required.
10.8 Please ensure your child is supervised at all times in the carpark or pick up / drop off locations. Please park with consideration and be aware of your speed. Willow Den is not liable for accidents or injury that occur whilst using these facilities.
11. Health, medical and emergency information
11.1 If the Child becomes ill whilst at nursery a member of the Willow Den team will contact you or the emergency contact indicated on the registration form. You must inform us immediately of any changes to these contact details. If your child required urgent medical attention while under our care, we will always, where practicable attempt to contact you and obtain your prior consent. However, should we unable to reach you, we shall be authorised to make the decision to call the emergency services on your behalf and give consent (should consent be required) for your child to receive urgent medical treatment recommended by a medical professional. This includes any anaesthetic, operation, or blood transfusion, unless specifically excluded within Section 6 – Consent of the Registration Form.
11.2 If the Child is suffering from a communicable illness, they should not be brought to the nursery until such time as the infection has cleared. A full copy of our Infection Control Policy is available. Please refer to the illness/communicable disease list supplied in your information on minimum periods of exclusion from the nursery.
11.3 You must notify the nursery manager if the Child is absent from the nursery through sickness.
11.4 Children are only excluded from nursey 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.
11.5 For medication, and the administration of it to a Child, please refer to Willow Den’s Medication Policy. Please ask for a copy of it if necessary.
11.6 Please also see clause 6.1 on matters we need to be informed about.
11.7 You will be informed of all accidents occurring at the Service and asked to sign an accident form when collecting the Child. 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.
12. Food/dietary requirements
12.1 All food is prepared in compliance with Scotland’s national guidance; “Setting the Table”. Please ensure you share all special dietary requirements and any allergies as diagnosed by a doctor or dietician.
12.2 Parents and children are warmly invited to contribute to planning children’s meals. Menu’s will be available to view at the nursery. Please ask your Key Worker for a copy.
12.3 We are unable to heat up any food brought from home. Warm food can be brought to nursery in a flask.
13. Reporting of neglect or abuse
13.1 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.
14. Limitation of liability
14.1 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).
14.2 All terms implied by law are, to the fullest extent permitted by law, excluded or deleted from the contract.
14.3 Nothing in these terms and conditions in any way limits our liability for fraud, or for death or personal injury resulting from negligence.
14.4 We shall not be liable for:
- 14.4.1.1 Any loss of damage to any toys, equipment or bags, clothing etc. you may bring into our nursery;
- 14.4.1.2 Loss of any profits or consequential loss; or any other indirect loss; and
14.5 Subject always to clause 14.3, our total liability (in contract, tort including negligence or breach of statutory duty, or otherwise) shall be limited to cumulative price paid by you for the Services over the course of the contract.
15. Data protection
15.1 You agree that details of your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of us in connection with the Services.
15.2 We may take photographs and/or videos of your Child for promotional or training purposes only. If you do not wish for your Child to be included in such photographs or videos, please inform us by completing the relevant Consent within Section 6 – Consents of the Registration Form given to you on enrolment, or by writing to the nursery manager.
15.3 Any personal data related to You or your Child will be dealt with in accordance with our privacy notice, which can be found at www.willowden.scot
16. Security
16.1 Parents are welcome to visit the nursery, but we will not admit anyone without prior notification.
16.2 No Child will be allowed to leave the nursery site with any person who has not been notified as an authorised person to collect the Child on your behalf and who is able to provide the agreed password provided in the Registration Form.
16.3 Parents are requested not to use their mobile phones within the nursery premises unless permission has been given by the Nursery Manager.
17. Complaints and concerns
17.1 Please address any complaint or concern 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.
18. Termination for breach of contract, or bankruptcy/insolvency
18.1 Without restricting any other legal rights which the parties may have, either party may terminate the contract without liability to the other immediately on giving written notice to the other if:
- 18.1.1 The other party fails to pay any amount due under the contract on the due date for payment and remains in default for 13 days or more; or
- 18.1.2 The other party commits a material breach of any of the terms of the contract and (if such a breach is capable of being remedied) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
- 18.1.3 The other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986.
18.2 On termination of the contract for any reason:
- 18.2.1 You shall immediately pay all of our outstanding 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
- 18.2.2 Any clause in these terms and conditions which implicitly is intended to survive termination shall continue in force.
19. Events that are beyond our control
19.1 If any event beyond our reasonable control (e.g. a fire, flood, epidemic or pandemic outbreak, strike, civil action, act of terrorism, war etc.) occurs, for which we have business interruption insurance, we may close the nursery without liability to you and we will not charge you for the fees for the time the nursery is closed. We will keep you informed, in such an event.
19.2 If the nursery is forced to close for reasons beyond the nursery’s control or if it is, in our reasonable opinion, necessary or in the interests of the Child to do so, we may close the nursery even though our business interruption insurance will not cover us for the closure. In these circumstances, we 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.
20. Invalid clauses
If any part of the contract is found by any court or similar authority to be invalid, illegal or unenforceable, that part shall be struck out, but the rest of the contract shall apply.
21. Changes to these terms and conditions
21.1 We may change these terms and conditions where such a change arises from changes in regulations or legislation affecting us.
21.2 We will review the contract annually and any changes will be agreed in writing and signed by each party
22. No other terms
Each party acknowledge that, in entering into the contract, it has not relied on anything said or written that is not written in the contract. This applies unless fraud is established.
23. Assignment
The contract is personal to you. You shall not, without our written consent, transfer to anyone else any of your rights or obligations under the contract.
24. Rights of third parties
A person who is not a party to the contract shall not have any rights under or connection with it.
25. Governing law and jurisdiction
The contract, and any dispute or claim arising out of it or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by the law of Scotland. The courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.
