SM

Terms & Conditions

SM Learning Ltd. (“SM”) is a company registered in England and Wales under Company number 10421490 which has its registered office address at 111 Baker Street, London, W1U 6RR.  

You are entering a contract with SM, as agent for the Nursery (as defined below). The childcare services suppled to you will be delivered by our various subsidiary companies. Details of the relevant subsidiary (the “Nursery”) is detailed in the Fee Sheet.

The following Terms and Conditions together with the Fee Sheet, Privacy Policy, Registration Form and Funding Agreement (if applicable) constitute your "Agreement" with us regarding the provision of early years education and care. Throughout this Agreement SM and its subsidiary companies may be referred to as the “Group” or “we” and the Parent(s)/Guardian(s) (as identified on the Registration Form) may be referred to as “you”.

1. Safeguarding

As a nursery, we have a responsibility in accordance with the Children Act 1989 and 2004, The Early Years Foundation Stage, Sections 175 and 176 Education Act 2002 and related guidance to protect all children and families in our care. As such, we have a Safeguarding policy, which is available to view at the Nursery at any time.

2. Registering your child

When you have decided you wish to purchase childcare services from us, we will ask you to complete a Registration form. We will also provide you with a Fee Sheet and a copy of these Terms and Conditions. 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 when a place is available for your child. Once the nursery has contacted you, to reserve your child’s place, you will need to pay the non-refundable registration fee and the deposit. The deposit is refunded in your first month’s invoice from us. In the rare circumstance that your first invoice is less than the deposit, you will get any remaining monies credited in the subsequent invoice. You will also need to make payment arrangements for the first month’s fees.  

The date your child starts is subject to availability. Once agreed with you, any deferrals or changes to your start date are subject to availability. If we are unable to accommodate your deferral request, will we treat it as a cancellation and offer to add you to our waiting list. We cannot accept requests for deferrals less than 1 month prior to the start date as this would fall within our 1-month cancellation notice period. In this case, we will retain the deposit and require a new deposit to be paid to reserve the new start date.  

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 continual responsibility to promptly notify the Nursery of any changes or additions to this information on an on-going basis.  

3. Payment of fees

The Nursery fee rates (the “Fees”) are dependent on your child’s age, booking patterns and eligibility for government funding. We list our Fees on our "Fee Sheet" and this is available from the Nursery at any time upon request.

Fees are subject to review at any time, and we may amend them by providing you with one month’s advance notice. If you do not wish to pay the revised fee, you may end this contract by giving us one month’s advance written notice (“Revised Fee Notice”). If the Fee changes are due to a change of your child’s age, the new Fee Rate will apply from the beginning of the first month after your child’s birthday.

You agree to pay your Fees monthly in advance on the first of each month (the "Due Date"). You may pay your child’s first month’s Fees by bank transfer or by Direct Debit. Thereafter, monthly fees must be paid by Direct Debit or the methods listed below unless the Nursery authorises an alternative payment method in writing in advance. You are required to complete a direct debit mandate when you register your child with us.

The Nursery also accepts childcare vouchers or the Government’s Tax Free Childcare scheme for all or part payment of Fees. These must clear into our account by the Due Date otherwise we will automatically allocate the payment to the next month’s Fees and we will consider the current month’s Fees outstanding.

If the Nursery invoices you on an equal monthly basis, as indicated in the Fee Sheet, and if you terminate your child’s place before the end of the calculation period, we may have undercharged you relative to the actual sessions booked in. We reserve the right to invoice you for any undercharges as part of our final adjustments. This amount may form part of your final invoice or be invoiced for separately.

In addition to the Fees, the Nursery reserves the right to charge the following "Ancillary Fees": a late payment fee of £25 on any fees paid after the Due Date; a late pick up fee of £10 if you are late collecting your child, and every 15 minutes thereafter, a further £10 is charged; a monthly administration fee of £5 if you do not use the permitted methods of payment listed above (Direct Debit, Tax Free Childcare or childcare vouchers) to pay the full amount of Fees due; an administration fee of £25 per failed payment. You agree to pay all Ancillary Fees as applicable to you. The Nursery also reserves the right to terminate or suspend your child’s place with immediate effect if at any time there are unpaid Fees or Ancillary Fees.

We will not refund any Fees or Ancillary Fees if your child is absent due to illness, self-isolation, holiday, extreme weather conditions or any other events outside of our control. The Nursery will not refund any fees for Nursery closures on public holidays or other Nursery designated closure days such as inset days. Fees take these closure days into account. For further information on our approach to fees during a COVID-19 related closure, please ask the nursery for a copy of our COVID-19 Safety and Adaptations Policy.

Discounts cannot be combined. If you are eligible for multiple discounts, we will apply the one with the highest rate to your invoice.

In the event that 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 Agreement.

Each of the Parent(s)/Guardian(s) who have signed the Registration Form will be jointly and severally liable to pay, in full, the Fees and any Ancillary Fees.

4. Extra days and change of sessions

Subject to availability and the Nursery’s minimum session requirement, you may increase or decrease your child’s booked sessions. If you wish to decrease your child’s booked sessions, you can do so by providing at least one calendar months’ notice in writing. Any reduction in sessions will only commence from the 1st of the month after the Nursery receives your notice. For the avoidance of doubt, if you wish to reduce sessions and you give notice after the beginning of the current month, then the change will take effect from the month after next.

If available, you may book additional sessions outside your normal booking pattern. You agree to pay any additional sessions as per the fee sheet. All additional sessions must be paid for prior to your child attending the additional sessions. You must give the Nursery at least 48 hours’ notice to cancel any additional sessions to avoid being charged.

5. Opening hours and pick-up

The Nursery is open Monday to Friday each week and is closed for public holidays and may be closed on other designated days. To find out the Nursery’s opening hours and closed days, or ask the Nursery for the schedule.  

Only you, your emergency contacts listed on the Registration Form, or an individual authorised to collect your child (together the "Authorised Contacts") can collect your child from the Nursery in compliance with the Arrivals and Departures policy. You agree to provide the Nursery with up-to-date contact details for Authorised Contacts.  

If your child remains in Nursery after the specified session end time and the Nursery has not been able to reach an Authorised Contact, we may need to call Social Services and/or other Government bodies as the Nursery deems appropriate as per our Uncollected Children policy.

6. Illness and care

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 the Nursery by a doctor. Please refer to the Illness policy for further details.

You will need to complete the required documentation prior to the Nursery administering any medically prescribed medication to your child. Your child’s attendance at Nursery whilst on medication is at our sole discretion.

With your consent the Nursery may apply sunscreen to your child before going outside - please refer to the Nursery’s Sun Protection policy for further information and details on how you can provide your consent.

7. Notice of termination

If you wish to terminate your child's place at the Nursery you must provide a minimum of one calendar months' notice in writing to the Nursery.

For the avoidance of doubt, in the event that you terminate your child's place, the full amount of the Fees for the relevant notice period shall remain payable.

The Nursery may terminate your child's place at any time with one month's written notice to you. Notwithstanding the above, the Nursery reserves the right to terminate your child’s place with immediate effect and without notice if you breach this Agreement, have outstanding Nursery Fees or Ancillary 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 our team.

We may also withdraw your child’s nursery place and end our contract with you if your child’s change. Should your child’s circumstances change and/or should we receive information (whether directly or indirectly) to suggest that your child’s circumstances have changed or will change during the course of your child’s care with us, which mean that we are or will no longer be able to provide adequate nursery care to your child for any reason, we may end our contract with you and withdraw your child’s place. Where this is the case, we will use our reasonable endeavours to provide you with at least one (1) months’ notice of our intentions but this may not always be possible in circumstances beyond our reasonable control and so cannot be guaranteed. If we do withdraw your child’s place with us, we will refund you for any nursery services you have paid for but not received.

8. Privacy

We process personal data including but not limited to sensitive data such as name; address; telephone numbers; email addresses; authorised and medical contacts; child photographs and learning and development records. Please refer to our Privacy Notice for details on how we protect and handle your personal data.

With a view to protecting all parties, some nurseries have CCTV in situ, with cameras covering relevant areas. By confirming a place with us, you are confirming you accept the full use of this security tool. Please request our Data Protection and Privacy Policy for further details.

9. Employment of team members

If during this contract, and for a period of 6 months after the termination of this contract, a nursery team member leaves our employment or reduces their hours to work with you, you agree to pay a fee to us (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 team member.

10. General

The Nursery is not responsible for any items left by you at the Nursery, including without limitation, prams, car seats, clothing, shoes and toys.

We may, at our absolute discretion, from time to time  update the terms of this Agreement and we will give parents not less than one month’s notice of any changes, unless we are otherwise required to amend the terms sooner by new or amended legislation or Ofsted rules and regulations. This Agreement incorporates the Terms and Conditions, Fee Sheet, Funding Agreement (if applicable), Privacy Policy and Registration Form, all as amended from time to time and available from the Nursery, and together represent the entire agreement between you and the Nursery.

If any part of this Agreement should prove to be invalid or unenforceable for any reason it shall not affect the validity or enforceability of the remainder of this is Agreement.

For the purposes of constitutional changes to the Nursery or amalgamation we reserve the right to transfer the undertakings of the Nursery to any other natural or legal person, and to assign the benefit of this Agreement in connection with any such transfer.

The Terms and Conditions will be governed by English Law and is subject to the exclusive jurisdiction of the English Courts.

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