Terms and conditions for the supply of services
1 Definitions and interpretation
1.1 In these Conditions the following definitions apply:
Business Day
means a day other than a Saturday, Sunday or bank or public holiday;
Conditions
means the Supplier’s terms and conditions of supply set out in this document;
Confidential Information
means any commercial, financial or professional information, information relating to the Services, know-how or trade secrets which is obviously confidential or has been identified as such;
Contract
means the agreement between the Supplier and the Customer for the supply and purchase of Services incorporating these Conditions and the Order;
Customer
means the person who purchases the Services from the Supplier and whose details are set out in the Registration Form;
Data Protection Laws
means, as binding on either party or the Services:
(a) the GDPR;
(b) the Data Protection Act 2018;
(c) any laws which implement any such laws; and
(d) any laws that replace, extend, re-enact, consolidate or amend any of the foregoing;
Force Majeure
means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under the Contract obligations under the Contract
GDPR
means the General Data Protection Regulation, Regulation (EU) 2016/679;
Intellectual Property Rights
means copyright, patents, know-how, trade secrets, trade marks, trade names, design rights, rights in get-up, rights in goodwill, rights in confidential information, rights to sue for passing off, domain names and all similar rights and, in each case:
(a) whether registered or not;
(b) including any applications to protect or register such rights;
(c) including all renewals and extensions of such rights or applications;
(d) whether vested, contingent or future;
(e) to which the relevant party is or may be entitled, and
(f) in whichever part of the world existing;
Location
means the addresses for performance of the Services as set out in the Registration Form;
Personal Data
shall have the meaning given to it in applicable Data Protection Laws from time to time;
Personal Data Breach
shall have the meaning given to it in applicable Data Protection Laws from time to time;
Price
has the meaning set out in the Registration Form;
Processing
has the meaning given to it in applicable Data Protection Laws from time to time (and related expressions, including process, processing, processed, and processes shall be construed accordingly);
Processor
shall have the meaning given to it in applicable Data Protection Laws from time to time;
Protected Data
means Personal Data received from or on behalf of the Customer in connection with the performance of the Supplier’s obligations under the Contract;
Registration Form
means the purchase order for the Services from the Supplier placed by the Customer in substantially the same form, available on line or provided by email by the Supplier;
Services
means the Services set out in the Registration Form and to be performed by the Supplier for the Customer;
Supplier Personnel
means all staff and consultants of the Supplier, and any of their sub-contractors who are engaged in the performance of the Services from time to time;
2 Application of these conditions
2.1 These Conditions apply to and form part of the Contract between the Supplier and the Customer. They supersede any previously issued terms and conditions of purchase or supply.
2.2 No variation of these Conditions or to a Registration Form shall be binding unless expressly agreed in writing and executed by a duly authorised signatory on behalf of the Supplier.
2.3 The Registration Form provided by the Customer to the Supplier shall be an order to purchase Services subject to these Conditions.
2.4 In case the Supplier is unable to accept the Customer’s request as indicated in the Registration Form, the Supplier shall notify the Customer as soon as reasonably practicable.
2.5 The Supplier may accept or reject a Registration Form at its discretion.
3 Price
3.1 The price for the Services is set out in the Registration Form.
4 Payment
4.1 The Supplier shall invoice the Customer for the Services at the time the Registration Form is finalised and the payment has been made by the Customer.
4.2 The Customer shall pay the Price to the Supplier as essential condition to enrol the child, once the Registration Form has been accepted by the Supplier.
5 Admission Policy
5.1 The Registration Form shall specify the Location and the dates of the Services
5.2 The effective “admission or acceptance” by the Supplier is based on first come first served basis.
5.3 The Supplier shall always respect its Equal Opportunity Policy on Admission.
5.4 The Services shall be deemed performed on completion of the performance of the Services as specified in the Registration Form.
5.5 The Supplier shall not be liable failure of performance caused by Force Majeure.
6 Incident Policy
6.1 The Supplier warrants that the Services shall be supplied with reasonable care and skill within the meaning of the Supply of Goods and Services Act 1982, Part II s 13;
6.2 Children’s safety is paramount and the Supplier shall do everything possible to ensure that. In the event of accident, the Supplier will apply the following procedures:
a) performing the First Aid necessary procedure;
b) calling promptly an ambulance if the injury requires immediate medical assistance;
c) contacting the Customer to provide full information about the accident;
d) completing the accident report for the Customer to sign and receive a copy.
6.3 In case, at the start of the Supplier’s performance, the child already presents signs of an accident and/injury, the Supplier will complete the accident form for the Customer’s signature, providing copy of it.
6.4 Biting is not an accepted behaviour as it harms children. Some children have the tendency to bite to express their needs. In case the child will bite someone in the room, he/she will be immediately given time to calm down. The Supplier will assist the child that has been bitten and apply any necessary First Aid procedure. The above procedure will also apply.
6.5 The Supplier shall not administer any ‘over-the-counter’ medication to children. However, medication may be given to children only if prescribed by a doctor for a specific illness (this includes Calpol, Nurofen and homeopathic remedies). The Customer will fill-out and sign the medication consent.
6.6 The Customer warrants that it has provided the Supplier with all relevant, full and accurate information as to the Customer’s needs.
7 Drop off and Collection Policy and Procedure
7.1 Collection: the Customer shall arrive at the contracted time to collect the child. In case of delay, the Customer shall contact the Supplier without delay. In the event a child is not collected within 30 minutes of the appointed time we will record the incident, date, times and actions undertaken. If the Customer is regularly more than 10 minutes late collecting the child, the Supplier will charge an extra hour.
7.2 At the registration, the Customer shall provide any other name of people who can collect the child. Those who are not named will not be able to pick up the child. If there is an emergency situation and a known person cannot pick up the child, the Customer shall provide details and a photograph of the adult picking the child up.
7.3 Dropping off: the Customer shall inform the Supplier about any different dropping-off time from the contracted one. In case of earlier dropping-off, the Customer is required to await a member of the Supplier’s staff to open the entrance door.
7.4 The choice of later dropping-off and/or earlier collection, will not impact the cost calculated per hour and the Customer will have to pay for the whole session.
8 Indemnity
8.1 The Customer shall indemnify, and keep indemnified, the Supplier from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by the Supplier as a result of, or in connection with, the Customer’s breach of any of the Customer’s obligations.
9 Confidentiality and announcements
9.1 The Customer shall keep confidential all Confidential Information of the Supplier and shall only use the same as required to perform the Contract. The provisions of this clause shall not apply to:
9.1.1 any information which was in the public domain at the date of the Contract;
9.1.2 any information which comes into the public domain subsequently other than as a consequence of any breach of the Contract or any related agreement;
9.1.3 any information which is independently developed by the Customer without using information supplied by the Supplier
9.1.4 The Customer shall not make any public announcement or disclose any information regarding the Contract, except to the extent required by law or regulatory authority.
9.2 Mobile phones and mobile phone conversation are not allowed in the children environment during the performance of the Services.
9.3 For advertising purposes and only with parental consent the Supplier will take pictures and videos of the children. The Supplier will only use a specific camera to take photos within the setting.
9.4 Parents and visitors are not allowed to take pictures of the children in the setting.
10 Processing of personal data
10.1 The Supplier shall process Protected Data in compliance with the obligations placed on it under Data Protection Laws and the terms of the Contract, including the children’s information and details.
11 Force majeure
11.1 Neither party shall have any liability under or be deemed to be in breach of the Contract for any delays or failures in performance of the Contract which result from Force Majeure.
11.2 The party subject to the Force Majeure event shall promptly notify the other party in writing when such the event causes a delay or failure in performance and when it ceases to do so.
12 Attendance
12.1 The Services are provided during the school terms according to the available calendar that the Supplier shall provide as part of the Registration Form.
12.2 The Supplier does not provide cancellation policies.
12.3 The Supplier does not provide refund policies in the event of illnesses or absences.
12.4 The Customer shall inform the Supplier promptly in case of illness and/or absence. The Supplier shall allocate the space to someone else in accordance with the waiting list.
12.5 In case the child is not well, the best place to stay is at home. Accordingly the Customer shall keep the child at home in case infectious disease to prevent contagion. The Supplier shall inform the Customer without delay if the child has signs of infectious diseases (incl. high temperature).
12.6 In case of absence for two or more sessions, the Customer shall notify in writing the Supplier not less than two weeks before the absence will occur. The minimum two weeks-notice is required in order to allow the Supplier to allocate the space in accordance with the customers’waiting list.
13 Dispute resolution
13.1 Any dispute arising between the parties out of or in connection with the Contract shall be dealt with in accordance with the provisions of this clause.
13.2 The dispute resolution process may be initiated at any time by either party serving a notice in writing on the other party that a dispute has arisen. The notice shall include reasonable information as to the nature of the dispute.
13.3 The parties shall use all reasonable endeavours to reach a negotiated resolution within 14 days of service of the notice. If the dispute has not been resolved within 30 days of the first meeting, then the matter shall be referred to the mediation in accordance with the London Court of International Arbitration Mediation Rules.
14 Variation
14.1 No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and these Conditions and is duly signed or executed by, or on behalf of, the Supplier.
15 Waiver
15.1 No failure, delay or omission by the Contract in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
15.2 No single or partial exercise of any right, power or remedy provided by law or under the Contract by the Supplier shall prevent any future exercise of it or the exercise of any other right, power or remedy by the Supplier.
16 Compliance with law and Complaints Procedure
16.1 The Supplier shall comply with all laws and regulatory policies and shall maintain such authorisations and all other permits as are required from time to time to perform its obligations under or in connection with the Contract.
16.2 The Supplier ensure that its staff and personnel provided the Disclosure and Barring Service (“DBS”) clearances and that children are always supervised.
16.3 In case of the Customer will not be satisfied by the Services, the Supplier shall be available to discuss and try to resolve amicably any concerns. However the Customer can file a written complaint which will be followed by the Supplier’s investigation. The Supplier shall notify the Customer with the outcome within 28 days from the written complaint.
17 Governing law
17.1 The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
18 Jurisdiction
18.1 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).
Date: 29/11/19
Supplier
Name: Les Petits Bellots Limited, Registered in England & Wales, number 12289981
Address: Langley House, Park Road, London, England, N2 8EY
Contact:
Tessia Brival, Director
tessia@lespetitsbellots.com
07401862326