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1. Definitions and Interpretation

  1.1 "The Parties"
    Means White Horse Child Care Ltd, the Client and if the Parent is not the Client the Parent.
  1.2 "The Act"
    Means the Children Act 1989 together with any regulations made under the Act and any amendments or re-enactments of the Act.
  1.3 "The Day Care Nursery"
    Means the premises designated in the schedule and owned or leased by White Horse Child Care Ltd at which White Horse Child Care Ltd will provide the Day Care Nursery Facilities.
  1.4 "The Facilities"
    Means the provision to the Child of sufficient numbers of properly trained and qualified staff, to undertake the care, supervision and welfare of the child, suitable premises, toys, equipment, meals, milk and other drinks, suitable play and activities.
  I.5 "The Child Care Policy"
    Means the Child Care Policy of White Horse Child Care Ltd as amended by White Horse Child Care Ltd from time to time, a copy of which is available for inspection.
  1.6 "The Opening Hours"
    Means the hours between 8.00 am and 6.00 pm Monday to Friday inclusive but with the exception of Bank Holidays.
  1.7 "White Horse Child Care Ltd"
    (Where the context requires) include a reference to the directors and employees of White Horse Child Care Ltd.
  1.8 The schedule to this agreement and the terms and definitions set out in the schedule are intended to form part of the Day Care Nursery Facilities Agreement between the Parties.

2. Day Care Nursery Facilities

  2.1 White Horse Child Care Ltd agree with the Client to provide the Day Care Nursery Facilities to the Child during The Opening Hours at the Day Care Nursery.
  2.2 White Horse Child Care Ltd shall operate the Day Care Nursery and shall provide the Facilities according to the principles contained in:
    2.2.1  The Act and
    2.2.2  The Child Care Policy

3. The Payment

  3.1 In return for White Horse Child Care Ltd providing the Facilities to the Child the Client agrees to pay the Fee monthly in advance by bankers standing order by the last working day of each calendar month.
  3.2 White Horse Child Care Ltd shall be entitled to be paid the Fee notwithstanding that the Child does not use the Facilities due to absence for sickness, holidays or any other reason.
  3.3 White Horse Child Care Ltd reserve the right to make a reasonable additional charge which the Client agrees to pay to cover:
   
3.3.1 outings in which the Child participates.
3.3.2 the special dietary requirements of the Child.
3.3.3 any other special or unusual facilities provided to the Child and agreed between White Horse Child Care Ltd and the Client.
3.3.4 the Clients failure to comply with the terms of this Contract.
  3.4 White Horse Child Care Ltd reserve the right to increase the Fee from time to time but shall give the Client at least one months written notice of any proposed increase.
  3.5 White Horse Child Care Ltd reserve the right to charge interest at 4% above the base lending rate of HSBC Plc if the Fee or any other sum payable to White Horse Child Care Ltd under this Agreement are not paid when due such interest will be charged on a daily basis from the date when payment is due until the date when payment is received by White Horse Child Care Ltd.
  3.6 White Horse Child Care Ltd reserve the right to refuse admission to any Child for whom payment has not been received by the appropriate time.

4. Notice to Terminate Agreement

    Any party to this Agreement shall he entitled to terminate this Agreement by sending not less than one months prior written notice to the other Parties of their intention to do so.

5. Collection of the Child

  5.1 The Parent acknowledges that they have been informed that the Child Care Policy recommends that no Child should attend the Day Care Nursery for longer than nine hours in any day and accordingly the Parent agrees to deliver and collect or arrange for the delivery and collection of the Child to the Day Care Nursery within the Opening Hours.
  5.2 If the Parent is not able to personally collect the Child (either regularly or on a particular occasion) the Parent shall use their best endeavors to give their personal authority to the Day Care Nursery to confirm and authorise alternative collection arrangements.
  5.3 White Horse Child Care Ltd shall take reasonable steps and precautions to ascertain that any person claiming to have the authority of the Parent to collect the Child shall in fact have such authority and will take reasonable steps to ensure that custody of the Child is not given to any individual specified by the Parent as an individual to whom custody of the Child should not be given.

6. Illness and Emergency

  6.1 White Horse Child Care Ltd reserve the right to refuse admittance to the Day Care Nursery and the right to suspend the provision of the Facilities to the Child if in the opinion of White Horse Child Care Ltd the Child is not fit (by reason of illness or any other reason whatsoever) to attend the Day Care Nursery.
  6.2 In the event of an accident or illness of the Child or any other emergency whilst the Child is attending the Day Care Nursery, White Horse Child Care Ltd shall take all reasonable steps to forthwith contact the Parent in accordance with the emergency contact details specified by the Parent (or at such alternative emergency contact details that the Parent may from time to time notify the Day Care Nursery).
  6.3 If the Day Care Nursery are not able to contact the Parent (for whatever reason) and in the opinion of White Horse Child Care Ltd it is necessary in the best interest of the child to seek urgent medical advice and or (on the basis of medical advice) to authorise surgery, operation or other medical treatment of the Child in an emergency the Parent agrees (by their acceptance of this Agreement) that White Horse Child Care Ltd shall be entitled to obtain such advice and authorise such surgery, operation or other treatment.

7. Parental Participation

  7.1 White Horse Child Care Ltd shall take all reasonable steps to allow and encourage the Parent to have access to the Day Care Nursery and the Child during the Opening Hours.

8. VAT AND TAX

    The Fee and any other sums payable under this Agreement unless otherwise stated are exclusive of VAT and other duties or taxes which will be payable in addition.

9. Temporary Interruptions of the Facilities

    The Parties acknowledge that White Horse Child Care Ltd will not be under any liability or responsibility to the Parent or the Client in respect of any temporary interruption in or temporary failure or delay in providing the Facilities or some or all of the Facilities if such failure or delay is caused by the temporary unavailability of staff, building or maintenance work to the Day Care Nursery, fire, abnormal weather conditions, Government action or regulations or some other cause (whatever description and not necessarily limited to the foregoing examples) beyond the reasonable control of White Horse Child Care Ltd PROVIDED ALWAYS that if White Horse Child Care Ltd shall be totally unable to provide the Facilities during the Opening Hours for longer than one day the Client shall receive a credit in respect of any appropriate proportion of the Fee.