My Sunshine Day Nursery is a company registered in England and Wales under Company Number 10375142 which has its registered office at Annecy Court, Ferry Works, Summer Road, Thames Ditton Surrey KT7 0QJ.
The following terms and conditions constitute your Parent Agreement (Agreement) with My Sunshine Day Nursery regarding the provision of early years care and education for your child at our Nursery. Throughout the Agreement the Nursery and/or My Sunshine Day Nursery may be referred to as “we” and the Parent(s)/Legal Guardian(s) may be referred to as “you”.
1. Reserving Your Child’s Nursery Place
To request a place for your child at the Nursery, you must complete a registration form and return it to the Nursery. The Nursery will contact you to confirm whether a place is available for your child. Once the Nursery confirms availability, you will need to pay the non-refundable registration fee to reserve your child’s place. You will also need to make payment arrangements for the first month’s fees.
2. Your Child’s Health and Care Requirements
Prior to your child starting, you agree to provide to the Nursery in writing all relevant health and care requirements (including any allergies/intolerances or medical conditions) relating to your child. It is your responsibility to notify the Nursery of any change or additions to this information on an on-going basis.
You also agree to provide the Nursery with up-to-date contact details for you and any authorised persons. In addition, you need to provide to the Nursery a copy of any Court Order or signed custodial agreement relating to any care arrangements for your child.
3. Illness, Medication, Sunscreen and Activities
Children cannot attend Nursery if they are suffering from sickness, diarrhoea, an infectious illness or have any non-specific rashes until they are symptom free or cleared to return to Nursery by a doctor. In the event of your child being injured or becoming ill while at Nursery, we may administer first aid, arrange for your child to obtain medical assistance or require an early collection. If we are unable to reach you then we will call an authorised contact as the Nursery deems appropriate.
You will need to complete the required documentation prior to the Nursery administering any medically prescribed medication to your child. In addition, the Nursery may give to your child certain types of non-medically prescribed medication, such as to reduce your child’s temperature, respond to an allergic reaction or as the Nursery deems appropriate.
Your child’s attendance at Nursery whilst on medication will be at our sole discretion. The Nursery may apply sunscreen to your child before going outside. If you wish to supply your own sunscreen, it must not contain any allergens which may cause risk to other children. You may request in writing for the Nursery not to apply sunscreen, however, your child may not go outside in sunny weather without some form of sun protection such as long sleeve clothing, sun hat etc.
It is common practice for staff members to take children on walks or other activities in the local area. You may request in writing that your child does not participate in these activities.
4. Opening Hours and Collection
The Nursery is open 51 weeks of the year and is closed between 12 noon on Christmas Eve until 8am on January 2nd and for all public holidays.
Only you or authorised contacts who are over eighteen years old can collect your child from Nursery. If your child remains in Nursery after the specified closing time and the Nursery has not been able to reach you or an authorised contact to agree your child’s collection, we will call Social Services and/or other government bodies as the Nursery deems appropriate. If you are late collecting your child, we may charge you a late pick up fee as further described below.
5. Nursery Fees
The Nursery fee rates (Fees) are dependent on your child’s booking patterns and age. We will list our Fees on the Nursery Fee Sheet. The Nursery will not refund any Fees for Nursery closures on public or other Nursery designated closure days. Fees take these closure days into account.
Fees are subject to review by My Sunshine Day Nursery and we may amend them by providing you with one month’s advance notice. If the Fees are due to change because of your child’s age, the new fee rate will apply from the first of the month following that change.
You agree to pay the Fees monthly in advance on the first of each month (Due Date). You may pay your child’s first month’s Fees by cheque, credit or debit card or direct debit. Thereafter, monthly Fees must be paid by direct debit unless the Nursery authorises an alternative payment method in advance.
We accept childcare vouchers (voucher) from all major providers and Tax Free Childcare payments as part of full payment of monthly fees. Voucher or Tax Childcare payments must clear into our account on the due date. If the Fees are paid by a third party on your behalf, e.g.via a salary sacrifice scheme we may need you / and or the third party to enter a supplemental agreement.
In addition to the Fees, the Nursery reserves the right to charge the following ancillary Nursery fees: Late Pick Up fee of £20 for first 15 mins followed by £10 for each subsequent 15 minute period; a monthly administration fee of £5 if fees are not paid by Bank Transfer (BACS) or Direct Debit; a £20 administration fee for any failed payments and additional care as defined in section 6. By signing this agreement you are agreeing to pay all such ancillary fee payments.
The Nursery also reserves the right to terminate or suspend your child’s place with immediate effect, if you do not pay the Fees by the Due Date or you have any outstanding Nursery fees. The Nursery shall be entitled to charge interest (8% above the Bank of England base rate) on any late Nursery fees. We may also charge for all other associated costs related to non-payment or recovery of any Nursery fees.
We will not refund any Fees if your child is absent due to illness, holiday, or as required under the Nursery’s policies and procedures. In addition, the Nursery will not refund any Fees or be in breach of this Parent Agreement or otherwise liable to you by reason of any delay in performance or non-performance of its obligations to you due to any event outside its reasonable control. Such events include without limitation ‘acts of God’, fire, war, acts of terrorism, strikes or other industrial action, infectious diseases, epidemics, inclement weather (such as snow or flooding), unforeseeable repairs or any failure of public or utility services, (such as highway and public transport delays or failures).
In the event the Nursery applies any discretionary discount to Nursery fees, this discount will be solely as a gesture of goodwill and will not constitute any variation of this Parent Agreement.
6. Additional Care and Change of Sessions
Subject to availability and the Nursery’s minimum session requirement, you may increase or decrease your child’s booked sessions. To reduce the number of booked sessions, you must give us at least one calendar month’s advance written notice. Any reduction in sessions will only commence from the 1st of the month.
We are unable to accommodate swapping your child’s booked sessions from one day to another. If available, you may book additional care outside of your child’s normal booking pattern (Additional Care). You agree to pay any Fees for Additional Care as per the Nursery Fee Sheet. You may pay for Additional Care by credit or debit card. You must give the Nursery twenty-four hours’ advance notice to cancel any Additional Care booked to avoid being charged.
7. Notice of Termination
Each party must provide a minimum of one calendar month’s written notice to terminate your child’s place. The Nursery reserves the right to terminate your child’s place with immediate effect and without notice if you breach this Parent Agreement, have outstanding Nursery Fees owed, or if we at our sole discretion consider termination of your child’s place to be in the best interests of the Nursery and/or the welfare of your child, other children at the Nursery or staff.
8. Contracting with Nursery Staff
You agree to pay a fee if a Nursery staff member leaves our employment or reduces their hours of work in order to work for you (the Recruitment Fee). The Recruitment Fee will be 20% of the annual gross market rate salary of an individual with equivalent qualifications and role as the former Nursery staff member. If you choose to have a Nursery staff member care for your child during their non-working hours, you must notify the Nursery in writing beforehand. We do not sanction any arrangements made between you and Nursery staff which are solely between you and the Nursery staff member. You agree to hold the Nursery and My Sunshine Day Nursery harmless for any liability, loss or damages you incur as a result of any such arrangements.
9. Privacy Notice
My Sunshine Day Nursery processes personal data including but not limited to sensitive data, such as name; address; telephone contacts; date of birth; email addresses; authorised and medical contacts; employment information if relevant; gender; physical conditions; disabilities or allergies; dietary requirements; child photographs and care, learning and development records (Personal Data).
My Sunshine Day Nursery processes Personal Data for the following purposes: (1) ensure a safe, healthy and successful environment for your child; (2) administer first aid/medical care when necessary; (3) comply with government regulations and Nursery policies and procedures; (4) aid in the administration of services; (5) allow your employer to assess utilisation and quality of services information if applicable; (6) staff training and development; and (7) market research.
My Sunshine Day Nursery may share Personal Data under the following circumstances: (1) if you receive government funding the Nursery will share Personal Data with the funding provider; (2) if you receive childcare as an employee or student benefit, the Nursery will share utilisation and quality of care information with your employer/education provider; (3) with any other setting your child attends or may attend; (4) third party processors that are subject to confidential non-disclosure agreements; (5) as required by Court Order, law or regulation; and (6) if the Nursery suspects child abuse and/or neglect, it will report these concerns to the relevant authorities in accordance with its policies and procedures and regulatory requirements.
The Nursery is not responsible for any items left by you at the Nursery, including without limitation, push chairs, prams, car seats and clothing.
The Nursery may unilaterally change any provision of this Parent Agreement without notice to you where such change arises from regulatory or legislative requirements. For any other changes to this Parent Agreement, including but not limited to a change of booked sessions, or assignment of this Parent Agreement the Nursery will provide you with one month’s advance notice.
This Parent Agreement, together with the Fee Sheet, Registration form and, if applicable, the Parent Funding Agreement and Admissions Policy, as amended from time to time, represent the entire agreement between you and My Sunshine Day Nursery.
This Parent Agreement will be governed by English Law and is subject to the exclusive jurisdiction of the English Courts.