Terms & Conditions – Customers
- The following expressions shall have the following meanings:
- “After School Club” means Fizz Pop Science at your particular school venue.
- “Customer” means any party who enters into a contract for Services with the After School Club”
- “Child” means the child who shall attend the After School Club and for whom the childcare services are to be provided;
- “Application Form” means a booking document, registration form, letter of engagement, quotation or other written instruction describing the Services and requesting a contract for those Services;
- “Services” means the After School Club services as described in the Application Form and these Terms and Conditions;
- “Fees” mean the payment for Services as outlined in these Terms and Conditions and the Application Form;
- “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the After School Club;
- “Agreement” means the contract between the After School Club and the Customer for the provision of the Services incorporating these Terms and Conditions.
- These Terms and Conditions shall apply to the Agreement for the supply of Services by the After School Club to the Customer and shall supersede any other documentation or communication between parties.
- Any variation to these Terms and Conditions must be agreed in writing by the After School Club.
- Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the After School Club may be entitled in relation to the Services, by virtue of any statute, law or regulation.
- The Application Form is attached to these Terms and Conditions.
- The Application Form shall remain valid for a period of up to 10 days.
- The Application Form must be accepted by the Customer in its entirety.
- The Agreement between the After School Club and the Customer, incorporating these Terms and Conditions, shall only come into force when the After School Club confirms acceptance in writing to the Customer.
Services And Delivery
- The Services are as described in the Application Form and in these Terms and Conditions.
- Any variation to the Services must be agreed by the After School Club in writing.
- The Services shall commence on the date the Customer receives notification that the Child has been awarded a place at the After School Club and continue until terminated by either party according to the terms of this Agreement.
- Dates given for the delivery of Services are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and the After School Club shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.
- The After School Club term dates are as specified in the Application Form.
- The After School Club shall be open from the days / dates specified on the application form.
- The hours of operation shall be from times specified on application form (Usually 5 minutes after school day ends)
- The After School Club may alter these opening times and shall give written notice to Customers of any such changes.
- The After School Club shall be closed on all public holidays, school holidays and any other times as intimated to the Customer in writing.
- A non-refundable registration fee of £5 will be payable by the Customer on submission of the Application Form.
- Should the After School Club be unable to fulfil an offer of a place the registration fee shall be refunded to the Customer.
- The Fees are payable in advance, based on the expected attendance of the Child at the After School Club. Appropriate deductions will be made for any days the After School Club is due to be closed.
- The Fees must be paid via cheque or cash (Online payment may also be an option). We do not accept vouchers.
- The Customer must settle all payments up front, before the start of the club.
- The After School Club is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to the After School Club is late.
- The Customer is not entitled to withhold any monies due to the After School Club.
- The After School Club is entitled to vary the price to take account of:
- any additional Services requested by the Customer which were not included in the original Application Form;
- any reasonable increase in rates, if applicable;
- and any variation must be intimated to the Customer in writing by the After School Club.
- Fees remain due if the Child is absent from After School Club for any reason.
Age Of Child
- The After School Club caters for children from the age of 5 to 12.
Change Of Sessions
- The After School Club is entitled to change the sessions offered to the Child without prior notice, although all effort is made to deliver programmes specified on application form.
- If the Customer wishes to change the sessions the Child is registered for they must notify the After School Club at least one month before such changes are required and any changes are subject to the agreement of the After School Club.
- Additional sessions required on an individual basis may be given subject to the prior agreement of the After School Club and advance payment.
- The Customer agrees to cooperate with the After School Club.
- The Customer shall refrain from directly or indirectly recruiting any person employed or engaged by the After School Club for the purpose of providing the Services for a period of six months following the Child’s attendance at the After School Club.
- The Customer shall not allow the Child to bring in any of their own possessions, including but not limited to toys, mobile phones, game consoles and music players, to the After School Club without the permission of the After School Club. In the event that such items are brought in by the Child the After School Club accepts no liability for any loss or damage that may occur.
- The Customer shall ensure the Child is adequately dressed for the weather conditions. A spare set of clothes is advisable for wet weather and sun lotion and a sun hat is recommended for hot weather.
After School Club Obligations
- The After School Club shall supply the Services as specified in the Application Form and in these Terms and Conditions.
- The After School Club shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and government guidelines.
- The After School Club shall inform the Customer as soon as possible of any changes to hours or sessions and shall try to accommodate any requests made by the Customer.
- The After School Club shall try to offer siblings a place if required wherever possible but this cannot be guaranteed.
- The After School Club must report to the proper authorities any instances where they have reason to believe that the Child has been the subject of neglect or abuse. This may be done without informing or obtaining the consent of the Customer.
- The After School Club shall hold valid and adequate insurance policies for running a business of this nature.
- The After School Club shall maintain staffing levels according to national recommended standards at all times.
- The After School Club will not supply snacks and drinks to the Child.
- The After School Club shall collect the Child from a collection point within the school grounds.
- The After School Club shall walk as a group from the school grounds to the premises of the After School Club where necessary.
- The After School Club shall ensure a quiet area is available for the purpose of completing homework but cannot provide assistance to the Child to complete this task.
Sickness And Medical Information
- A Child suffering from any contagious disease is not permitted to attend the After School Club. This includes, but is not limited to, sickness, diarrhoea, impetigo and conjunctivitis.
- The After School Club reserves the right to refuse admission to any child they suspect of having a contagious condition.
- The After School Club accepts no liability for the contraction of any illness transmitted at the After School Club.
- The Customer must complete a medical consent form prior to the first attendance to permit the After School Club staff to administer first aid as well as any medicines supplied by the Customer for the Child.
- The After School Club shall not be held responsible for any negative effects caused by the administration of any medication supplied by the Customer for the Child.
- The information supplied in the Application Form must be accurate and the After School Club is entitled to rely on this information.
- The Customer must notify the After School Club immediately of any changes to this information.
- The After School Club shall comply with all data protection legislation.
- The Customer must advise the After School Club if the Child is the subject of any court order and supply a copy of such an order if requested.
- The After School Club may take photographs of the Child for promotional or educational purposes. The Customer must notify the After School Club in writing if they do not want the Child to be the subject of such photographs.
Absence And Collection
- The Customer must advise the After School Club as soon as possible if the Child is to be absent.
- The Customer must advise the After School Club as to the identity of the person who shall collect the Child at the end of a session. If that person is not known to the After School Club proof of identity may be requested. If the After School Club is not satisfied as to the credibility of such a person the Child shall not be released.
- The After School Club shall not be liable for any loss or damage to any personal property brought onto their premises or any damage or injury resulting from any such items.
- All clothing must be clearly marked with the name of the Child.
- In the event that the Customer is unhappy with the Services these issues should be raised with the After School Club manager in the first instance contact the email address below with the school name and postcode so we can make sure the correct manager is able to deal with the situation. firstname.lastname@example.org.
- The Agreement shall continue until the Services have been provided in terms of the Application Form or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
- The Customer may terminate this Agreement by giving 7days notice in writing/ calling into the office, of the intention to withdraw the Child from the After School Club.
- The After School Club may terminate this Agreement if insufficient numbers are signed up to the programme
- The After School Club many terminate this Agreement with immediate effect if the Customer or Child demonstrates any physical or verbal abuse towards staff or other children.
- The Customer may terminate the Agreement if the After School Club fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 2 programs/clubs after notification of non-compliance is given.
- Either party may, with immediate effect, terminate the Agreement by notice in writing to the other if:
- 17.5.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
- 17.6.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
- 17.6.3 the After School Club passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
- 17.6.4 the After School Club ceases to carry on its business or substantially the whole of its business; or
- 17.6.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
- In the event of termination the Customer must make over to the After School Club any payment for Services incurred up to the date of termination.
- Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
- Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
Limitation Of Liability
- The After School Club shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
- Nothing in these Terms and Conditions shall exclude or limit the liability of the After School Club for death or personal injury, however the After School Club shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the insurance policy held by the After School Club in the insurance year in which the Customer’s claim is first notified.
- The Customer shall indemnify the After School Club against all claims, costs and expenses which the After School Club may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.
- Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
- The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the After School Club.
Third Party Rights
- Nothing in these Terms and Conditions intend to or confer any rights on a third party.
- If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
- The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
- Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Application Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
- These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
- These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.