1. Background

 

 

Little Sunshines Pre-School and Daycare (“Little Sunshines”) is a provider of childcare services and Early Years Education (Services).

You (parent, guardian or carers) have asked Little Sunshines to provide childcare services and Early Years Education for your child or children.

The details you have provided in the Enrolment Form and the Terms and Conditions set out below will make up the legal and binding agreements between us (“Agreement”).

 

 

 

2. Definitions and Interpretation

 

 

Child

The child (or children if more than one) named and detailed in the Enrolment Form and whom you have parental responsibility for or are the legal guardian or carer of.

 

Enrolment Form

The form completed by you to provide information about your Child and information about you (parents, guardians and carers).

 

Fees

The prices payable by you in respect of booked childcare hours and any booked additional extras, as described in the Price List. These prices are not subject to VAT.

 

Bank Holidays

Fees remain payable for any bank holidays, even when the nursery is closed on those days.

 

Force Majeure

An event or a sequence of events which Little Sunshines cannot influence or control and which prevent or delay Little Sunshines from providing the Service under this Agreement. These events can include acts of God, war, riot, civil commotion, terrorist attack, compliance with any law or government order (local and national), fire, a pandemic of any disease.

 

Nursery

The particular nursery setting, building and address where your Child is enrolled.

 

Nursery Manager

The named person in charge of the Nursery on any given day.

 

Price List

The attached and in-price list for the Nursery, which details the cost of any Services as updated and notified by Little Sunshines from time to time.

 

In this Agreement:

 

• A reference to this Agreement includes the Enrolment Form, Little Sunshines Policies, Price List and all relevant schedules.

• A reference to ‘you’ or ‘parent’ includes both the mother, father and legal guardian or carers of a Child.

• A reference to ‘Little Sunshines’ includes Little Sunshines’ employees, agents and contractors.

• A reference to a gender includes each of the genders.

• A reference to legislation is a reference to the current version of that legislation as at the date of this Agreement.

 

 

 

 

3. Enrolment and Services

 

 

Little Sunshines offers a variety of booking options (Permanent Booking, Flexible Shift Booking, Term Time Only Booking, Emergency Bookings and Holiday Clubs) which are outlined in the Booking Policy. You must specify which booking options you intend to use for your Child on enrolment.

 

Copies of all Little Sunshines policies are available at the Nursery on request.

 

Nurseries on UKHO, NHS Trusts and college sites are required to offer childcare places to staff or student parents as a priority. On these sites, bookings will be accepted and processed in order of priority.

 

 

 

4. Price and Funding

 

 

Prices currently payable are contained in the Price List.

 

You are required to pay an upfront, non-refundable administration charge for each Child you enrol.

You are required to pay a deposit in addition to the first payment. This deposit is refundable at the end of this Agreement, except where:

 

• There are Fees still outstanding; or

• Little Sunshines has not received the correct notice to terminate this Agreement as required, in which case the deposit will be offset against Fees owed during the notice period.

 

 

Little Sunshines may change the Price List at any time with four weeks’ written notice. If costs to Little Sunshines increase by more than 8% due to circumstances outside our control (such as a change in government policy), prices may increase immediately with written notice.

 

If you do not agree with a price increase, you may terminate the Agreement with notice. You are still required to pay the increased fees for all Services used during the notice period.

 

Funding

 

• 2-Year-Old Funding is available for eligible children (means-tested).

• 15 and 30 Hour Funding is available for 3 and 4-year-olds, subject to Local Authority terms.

 

 

Parents accessing funding will be charged for:

 

1. Hours above the funded entitlement.

2. Consumables and extras (see Price List).

 

 

 

 

5. Fees and Payments

 

 

Fees are payable on or before the 28th day of each month as per issued invoices.

 

• Late payments incur a 10% administration charge.

• Returned payments or failed direct debits incur a £35 charge.

 

 

Fees are payable in full for:

 

1. Booked hours and additional extras, whether or not your child attends.

2. Absences due to holiday, except for two weeks at Christmas (unless stated otherwise).

3. Missed sessions, which cannot be transferred or reclaimed.

 

 

 

Contracted Weeks, Holiday Absence, and Bank Holidays

 

 

Little Sunshines offers care on both a 38-week term-time basis and a 50-week basis, with fees spread equally across 12 monthly payments.

This means your monthly invoice will remain fixed, regardless of the number of sessions in any given month.

 

If you choose to take your child on holiday during your contracted weeks, your monthly payments will not be reduced or adjusted.

All contracted weeks of care must be paid in full, regardless of attendance.

 

Additionally, bank holidays are charged as normal, and full payment is required even though the nursery may be closed on these days.

 

• Additional extras must be cancelled with at least one week’s notice to avoid charges.

• Unpaid fees will be pursued through our credit control process, including legal fees and interest charges.

 

 

 

Early Termination Fee

 

 

If you withdraw before completing your 12-month split invoice, the remaining fees for the year must still be paid in full.

 

 

 

6. Child Drop-Off and Collection

 

 

You must collect your child in person or inform the Nursery Manager in advance of another authorised collector, who must use a password.

Late collection incurs:

 

• £7 fee after 10 minutes past session end.

• £1 per minute thereafter.

• £20 fee for collection after closing time.

 

 

Failure to collect within 30 minutes of closing without contact will result in a call to Social Services or a registered childminder.

 

The nursery will not release children to individuals suspected to be under the influence of drugs or alcohol.

Minors aged 14–18 may collect a child only with written parental permission and Manager approval.

 

 

 

7. Parent’s Commitments and Responsibilities

 

 

Parents must:

 

• Notify of any changes to details provided at enrolment.

• Inform staff of allergies or medication needs and provide medications as prescribed (not in bags).

• Label all clothing and provide appropriate attire and spares.

• Ensure children aged 2+ wear uniform or suitable playwear.

• Provide nappies, wipes, cream, and cotton wool if applicable.

• Monitor accident/incident reports.

• Keep emergency contacts reachable at all times.

• Inform the nursery of shared care arrangements with other settings.

• Provide court orders or relevant legal documents if applicable.

 

 

 

 

8. Safeguarding

 

 

Little Sunshines will immediately report any safeguarding concerns to the relevant authorities without notifying the parent if a child is believed to be at risk of harm or abuse.

 

 

 

9. Specific Consent

 

 

You consent to:

 

• Emergency medical care if required.

• Collecting your child promptly if unwell or upon request.

• The application of suncream.

• Development records being stored digitally or in paper format.

• Pupil Premium checks with the Local Authority.

• Impromptu local outings (if consented in enrolment).

• Withdrawal of any consent requires 5 days’ written notice.

 

 

 

 

10. Little Sunshines’ Commitment to Parents

 

 

We commit to:

 

• Providing qualified, professional staff.

• Maintaining appropriate insurance.

• Complying with all relevant legislation.

 

 

 

 

11. Data Protection

 

 

We follow the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. Please see our Privacy Notice below for more information.

 

 

 

12. No Solicitation of Staff

 

 

You agree not to employ Little Sunshines’ staff in any way that competes with our business for four months after this Agreement ends. Babysitting agreements are not included.

 

 

 

13. Limitation of Liability

 

 

Except where required by law, Little Sunshines is not liable for losses not foreseeable or not caused by us.

Our liability is capped at £500,000. Babysitting agreements are private and not covered by this Agreement.

 

 

 

14. Termination

 

 

This Agreement may be ended by giving four weeks’ notice in writing.

 

Little Sunshines may terminate immediately if:

 

• Payments are not made within 7 business days of written notice.

• Legal permissions required for operation are revoked.

• The business becomes insolvent.

 

 

Upon termination:

 

• Outstanding fees must be paid.

• Refunds will be issued where appropriate.

 

 

Some clauses survive termination (e.g., liability, data protection, no solicitation).

 

 

 

15. Notices and Communication

 

 

Notices will be issued by email or post.

Deemed received:

 

• Post: 9:00 am, two business days after posting.

• Email: upon delivery receipt.

 

 

 

 

16. Force Majeure and Change of Ownership

 

 

We are not liable for events beyond our control. The business may be transferred to another legal entity, and this Agreement may be assigned.

 

 

 

17. Variation

 

 

We may update these terms or our policies with four weeks’ notice.

 

 

 

18. No Set-Off

 

 

All fees must be paid in full, without deduction or offset.

 

 

 

19. Severance

 

 

Invalid clauses will be removed or adjusted without affecting the remainder of the Agreement.

 

 

 

20. Entire Agreement

 

 

This document, along with our policies and Price List, forms the complete agreement.

 

 

 

21. Third Party Rights

 

 

This Agreement is only enforceable by you and Little Sunshines.

 

 

 

22. Governing Law and Jurisdiction

 

 

This Agreement is governed by the laws of England and Wales.

 

 

 

23. No Waiver

 

 

Failure to enforce rights under this Agreement does not waive those rights.