Terms and Conditions

This document sets out the standard terms and conditions for KME Nurseries Limited (t/a Cub) a company incorporated in England and Wales with company number 13835022 and having its registered office at 6 Commer House, Leeds, LS24 9JF (we refer to ourselves in these terms and conditions as “Cub”, “we”, “us” or “our”).

Our terms and conditions detail the terms of the contract between Cub and the person or persons who have legal responsibility for the child(ren) using the services of Cub and have completed and signed the Registration From (we refer to such person(s) in these terms and conditions as “you”, “your”, and/or “the Responsible Person”) at such of our settings as is detailed in your Subscription Form (we refer to that setting in these terms and conditions as “the cubhouse”, and/or “your cubhouse”).

Our terms and conditions also incorporate some additional terms as follows:

    • the Key Information Sheet relevant to your clubhouse;

    • our Admissions Policy;

    • our Illness Policy;

    • our Health and Safety Policy;

    • the Parent and Visitor Behaviour Policy; and

    • our Privacy Policy,

which together form the “contract” between us.

If you would like any more information regarding any of the terms and conditions contained in this document please contact us by e-mail, to info@thecubfamily.co.uk

1. Registration

1.1. In order to register a child for a place on our waiting list, the Responsible Person is required to complete our online nursery registration form, a link to which can be found on our website (www.thecubfamily.co.uk) or which may be provided by Cub to you from time to time (the “Registration Form”).

1.2. Upon submission of the Registration Form, a non-refundable registration fee of:

1.2.1. £150 for the first child listed on the Registration Form; and

1.2.2. £75 for any additional children from the same family listed on the Registration Form, is payable to Cub (the “Registration Fee”).

1.3. The Registration Fee is payable via the online Registration Form.

1.4. All information provided to Cub on the Registration Form is held by us in accordance with our Privacy Policy.

2. Entering our Waiting List

2.1. On receipt of the completed Registration Form and payment of the Registration Fee, you will be placed on our waiting list, and you will be sent an e-mail confirming the same.

2.2. Cub will check availability for your requested sessions at the relevant cubhouse in line with our Admissions Policy.

2.3. If at the point of registration, we are unable to offer or confirm the requested sessions or agreed alternatives, your child will stay on our waiting list until an available place becomes available in line with our Admissions Policy.

2.4. For cubhouses that are not yet open, priority will be given to:

2.4.1. families that require full time places, four-day places, earliest start dates, or multiple places at a cubhouse; and

2.4.2. the date of registration to the waiting list.

2.5. For cubhouses that are already open, priority will be given to (and in the following order):

2.5.1. families that require full time places, four-day places, earliest start dates or multiple places at a cubhouse;

2.5.2. existing children looking to increase sessions;

2.5.3. siblings of existing children;

2.5.4. existing children transferring to another location; and

2.5.5. the date of registration to the waiting list, in conjunction with whether your stated preferences matches the available space.

3. Securing your place at Cub

3.1. Once we have completed our admissions procedure as described at section 2 above and are satisfied that we can offer your child a place, we will send you an offer letter that will confirm the details of your child’s place and incorporate these terms (the “Offer Letter”).

3.2. The Offer Letter will also detail the agreed start date. Once you have received your Offer Letter, we ask that you agree to that letter and these terms and conditions by signing and returning to us the copy letter enclosed therein.

3.3. You will also be asked to pay a deposit (which shall be equivalent to two weeks fees) (the “Deposit”) by BACs payment to such account details as shall be included in the Offer Letter. The Deposit will be deducted from your final month’s invoice in accordance with these terms and conditions.

3.4. If you are receiving an offer from being registered in the waiting list, at the point you accept a place, your refundable Registration Fee will become a nonrefundable joining fee (the “Joining Fee”).

3.5. If you are accepting a place for a cubhouse which is yet to open, please note that the Registration Fee, and the Deposit remain fully refundable until 24 hours after the pre-launch Open Day or arranged visit. We would need to receive written instructions from you within 24 hours of the pre-launch Open Day, or arranged visit, should you no longer wish to continue with your place. If we do not hear from you within this period, we will presume that you are continuing to join at Cub and our standard terms will apply.

3.6. When you are offered a place, you will be given 48 hours to accept it, otherwise we will offer it to the next family on our waiting list and you will be placed back at on the waiting list.

3.7. This contract shall come into effect upon the later of (i) the date the Offer Letter is countersigned by you; and (ii) the payment of the Deposit by you.

4. Home Settling Visits

4.1. We will be in touch within 8 weeks ahead of your child’s start date to set up a convenient time for a home visit and to schedule settling in days, which usually take place over 3 sessions in the week prior to the agreed start date. There is no charge for the settling in sessions.

5. Opening Hours and Annual Closures

5.1. Cub is a full day care provider, registered with Ofsted.

5.2. We provide care and education for children aged between 3 months and five years of age.

5.3. Our cubhouses are open between 7.45am to 6.00pm, Monday to Friday, except for bank holidays when they are closed.

5.4. We are open 51 weeks a year but close annually in between Christmas Eve and the first working day of the New Year.

5.5. To ensure our staff are delivering the best possible service to you and your child, our cubhouses close for one half day every four months for staff training (“Training Days”).

5.6. The dates of the Training Days are (subject to paragraph 5.7) set annually and will be advised to you when your child joins a cubhouse.

5.7. Cub reserve the right (in all cases acting reasonably and in good faith) to change the date and time of any such Training Days should it be so required to do so due to unforeseen circumstances.

6. Attendance Patterns

6.1. Cub offer a minimum attendance pattern of two full days.

7. Calculation of Fees and Charges

7.1. Our fees are as set out in the relevant Key Information Sheet (the “Fees”).

7.2. In order to provide you with as much certainty as possible in relation to the amount of Fees payable, we calculate these as a monthly average to create a fixed monthly fee.

7.3. The Fees are calculated based on a rolling 52 weeks which is then divided by

12. No deductions shall be made to the Fees to take account of public holidays or the working days between Christmas and New Year when your cubhouse is closed or on the Training Days.

7.4. Unfortunately, we are unable to make deductions in the case of a period of absence, for whatever reason (including but not limited to illness, holidays, or temporary exclusion) by a child from its cubhouse.

7.5. Alternative sessions cannot usually be issued in the event of any period of child absence.

7.6. We have a duty to inform the Local Authority in the event of prolonged unexplained absence and Local Authority funding may be affected.

7.7. A penalty charge will be issued for late collection of a child of £15 for each 15- minute period (or part thereof) outside of the contracted services hours.

7.8. The Fees and any other associated charges will be reviewed annually in January of each year (the first review being in January 2024). Should the Fees be increased following such review, you will be given a minimum of two month’s written notice.

8. Payment of Fees

8.1. Fees are payable monthly in advance, on the 1st of each calendar month via the Cub nursery application (operated by Famly Pay), and/or your Tax-Free Childcare account or through Childcare Vouchers.

8.2. Partial or full payment of Fees via your Tax-Free Childcare account or paid through Childcare Vouchers must be received and cleared with Cub by the 7th of the month.

8.3. Other fees or charges payable in addition to the monthly fees chargeable (such as extra sessions booked) shall be payable via the Cub nursery application (operated by Famly Pay) on the first day of the month following the month in which such additional fees or charges arose.

9. Late Payment of Fees

9.1. Cub regards late payment of the Fees or other charges as a material breach of this contract.

9.2. In the event of late payment of fees in breach of this contract, Cub shall serve written notice (the “Late Payment Notice”) of such breach requiring payment to be made within 7 days of the date of the Late Payment Notice on the parent/guardian. Cub reserves the right to make an administrative charge of £50 for each Late Payment Notice served.

9.3. If any fees or other charges are not paid within 7 days of the date of the Late Payment Notice, Cub reserves the right to terminate this contract without notice thereafter.

9.4. Notwithstanding paragraph 9.3, any service of a notice to terminate shall constitute formal demand of all outstanding fees and charges and Cub’s rights under these terms and conditions shall not be waived by virtue of the serving of any such notice.

9.5. Upon termination of the contract, Cub shall have no further obligation to provide the contracted services.

9.6. Cub reserves the right to charge interest on a daily basis on any outstanding fees or any other sums due here under from their due date until the date of payment. Interest shall be charged at the rate of 4% per annum above the base rate of the Bank of England from time to time.

9.7. In addition to any sums payable under this paragraph 9 or otherwise under this contract, you agree and undertake to indemnify Cub for and against any and all costs, fees, charges and expenses Cub may incur as a result of or arising from late payment of charges payable under this contract, including, but not limited to, for the avoidance of doubt, any and all legal and other professional fees and expenses it may incur as a result of instituting legal or other proceedings against a parent/guardian for non or late payment of charges properly due and owing to it under this contract.

10. Variations or Amendments

10.1. Variations or amendments may only be made in respect of the contracted services by a parent and/or guardian if written notice of such variation or amendment is given to your cubhouse Manager in accordance with this clause 10.

10.2. Parents and/or guardians whose children have commenced their childcare at Cub shall give not less than 4 week’s written notice of any required reduction in the contracted services. Where less than 4 weeks’ notice is given, Cub reserves the right to continue to charge in full for the contracted services up to the date on which the 4 weeks’ notice would have expired if it had been given.

10.3. Parents and/or guardians whose children have not yet commenced their childcare at a cubhouse wishing to defer a contracted start date will receive their deposit back, subject to a requisite 4 weeks written notice being received. The child will be returned to the waiting list and offered a place subject to availability in accordance with our Admissions Policy.

10.4. Your cubhouse may, in its absolute discretion, take the decision to close without prior notice, due to adverse weather, or other circumstances outside your cubhouse’s control. If your cubhouse should close in such circumstances, your cubhouse shall be under no obligation to provide the contracted services or to provide alternative care facilities for the child and the parent/guardian will not be entitled to any refund of fees.

10.5. Cub reserves the right in its absolute discretion change any of these terms and conditions, but we will only do so after giving you no less than 4 week’s written notice of same.

11. Illness

11.1. If your child is unwell and cannot attend your cubhouse, we politely ask that the parent and/or guardian, inform your cubhouse by 9.30am on the day on which the child was due to attend.

11.2. Your cubhouse reserves the right in line with its Illness Policy (in its absolute discretion) to refuse to admit the child if he/she appears to be unwell.

11.3. If your child becomes unwell during the day, you must arrange for your child to be collected as soon as possible upon notification from your cubhouse.

11.4. In the event of a pandemic, you are required to follow all government advice in conjunction with your cubhouse’s operational policies to ensure the safety of all staff and families that frequent your cubhouse.

12. Termination of Contract

12.1. This contract can be terminated by either party giving the other party not less than 4 weeks written notice of termination.

12.2. Upon termination of the contract for whatever reason, whether by notice or otherwise, Cub shall have no further obligation to provide the contracted services.

12.3. The Deposit will be returned to you within 4 weeks of your child’s leave date unless any Fees remain outstanding, in which case the Deposit may be credited against the amount of any such outstanding Fees.

13. Our Satisfaction Guarantee

13.1. If notice of termination of this contract is given within the first 4 weeks of the child’s start date, the 4-week notice period will be waived.

14. Exceptions to admission and Continued Registration

14.1. Cub reserves the right to refuse registration of a place in your preferred cubhouse or to withdraw a registered place on a permanent or temporary basis, for any of the following reasons:

14.1.1. to the extent any Fees have been due and owing for more than 28 days following the demand by Cub for such outstanding fees;

14.1.2. where care of a particular or specialist type is either required by the child or requested by the parent/ guardian and your cubhouse is unable to provide such care or the provision by your cubhouse is an unreasonable request or the parent and/or guardian refuses consent to the provision of the same by your cubhouse;

14.1.3. the presence or actions of the parent and/or guardian or child are detrimental or potentially detrimental to the health, safety or wellbeing of the child; any other child at your cubhouse or any employee of Cub;

14.1.4. you are in breach of any of the cubhouse policies and procedures, including but not limited to our Health and Safety Policy and the Parent and Visitor Behaviour Policy; and/or

14.1.5. unexplained absence of 3 weeks or more.

14.2. So far as it is reasonably practicable to do so, your cubhouse will communicate the application of paragraph 14.1 to you in writing. If the exclusion is permanent, the written communication will constitute notice of termination of this contract, following which paragraph 12 will apply in its entirety.

14.3. Cub reserves the right to refuse admission to any of our cubhouses following application of paragraph 14.1 and throughout the 4-week notice period, notwithstanding the application paragraph 12.

15. Non-solicitation of team

15.1. The Responsible Person undertakes that they shall not, during this contract or for a period of 6 months following termination of this contract, employ, solicit or entice away or seek to entice away any person who was employed by Cub at the date of termination of this contract or in the 6-month period prior to the termination of this contract.

15.2. The Responsible Person agrees that in the event that this paragraph 15 is breached by them they will immediately pay Cub a sum equal to 2 month’s salary of the relevant employee so employed, solicited or enticed away by them.

16. CCTV

16.1. With a view to protecting all parties, our cubhouses have CCTV in situ, with cameras covering relevant areas. By confirming a place at Cub, you are confirming that you accept the full use of this security tool.

17. Data Protection

17.1. Cub processes personal data, including sensitive data.

17.2. Cub is registered with the ICO and complies with the General Data Protection Regulations (GDPR) and the Data Protection Act 2018.

17.3. For full details on how we meet our GDPR obligations, please request a copy of our Data Protection and Privacy Policies.

18. Limitation of Liability

18.1. Cub will on no account be held liable for any loss suffered by the parent as a result directly, or indirectly of any cubhouse being temporarily closed without notice, or from the non-admittance of children to any cubhouse for any reason.

18.2. Cub will on no account be held responsible for a child who is in the care of the Responsible Parent on nursery premises. For the purposes of liability, Cub accepts responsibility for the child from the moment the child is signed in, to the moment they are signed out.

18.3. Cub will on no account be held liable for any economic loss; loss of profits; loss of property or damage to property, suffered by the Responsible Parent on or within any of our premises or in connection with Cub or the contracted services provided. Child and parent personal property is brought into any cubhouse at the sole risk of the parent.

18.4. Cub will not be held liable for any adverse reactions or symptoms arising from medical conditions or medication.

18.5. Cub will not be held liable for any incidents or accidents, unless found in a court of law to be a result of negligence.

18.6. All vehicles are left at the owner’s risk.

18.7. Cub will not be in breach of these terms and conditions or otherwise liable in any way, due to circumstances in which performance of contracted services becomes (permanently or temporarily) commercially impracticable, inadvisable, unlawful or impossible. Examples include, but are not limited to, pandemic; disease or infection; economic recession; flood; fire; acts or threats of terrorism or other forms of violence; war; ‘acts of god’; industrial action; critical incident or extreme weather.

18.8. Nothing in the contract, excludes Cub’s liability for:

18.8.1. death or personal injury resulting from the negligence of that party or of its employees while acting in the course of their employment;

18.8.2. fraud or fraudulent misrepresentation; or

18.8.3. any other liability that cannot be limited or excluded at law.

19. General

19.1. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

19.2. Except as expressly provided in these terms and conditions, the rights and remedies provided in this contract are in addition to, and not exclusive of, any rights or remedies provided by law.

19.3. If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms and conditions.

20. Law and Jurisdiction

20.1. The contract shall be governed by and construed in accordance with English law. The parties irrevocably agree that the English courts shall have exclusive jurisdiction over any suit, action, proceedings or dispute arising out of or in connection with the contract.

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