Terms and Conditions of Service

In these Terms, when we say you, your or your child, we mean both you and the child you are registering to receive our Services. When we say we, us, or our, we mean Wigwam Nurseries Ltd, a company registered in England and Wales with company number 04692859. We and you are each a Party to these Terms, and together, the Parties.

These Terms form our contract with you and sets out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email the nursery.

These Terms were last updated on 23rd May 2025.

Cancellations

Subject to the provisions at clause 9 of these Terms, you may cancel the Services within 14 days of the Commencement Date (Cancellation Period). We will not commence the provision of the Services during the Cancellation Period unless you expressly request us to do so.

Please note that where you expressly ask us to commence the provision of the Services during the Cancellation Period:

you will lose your right to cancel the Services, if the relevant Services are fully performed by us; and

you will be liable to pay to us an amount for the relevant Services supplied up to when you inform us that you intend to cancel the Services, which will be proportionate to the full Price for the relevant Services for the whole of the Term.

Engagement and Term

You accept these Terms by the earlier of:

signing and returning the Registration Form to us; (inclusive of terms and conditions)

instructing us to proceed with the supply of the Services; and

making part or full payment of the Price.

These Terms apply from the Commencement Date until the date on which these Terms are terminated (Term).

We are regulated by Ofsted and abide by their regulations. Should you have any complaints about our Services, we welcome the opportunity to address these with you in the first instance. If you are unhappy with our response, you may wish to contact Ofsted via their website.

Waitlist

If we are unable to offer you a placement in an age-appropriate base room on your desired day or time, we may, in our sole discretion, offer to place you on our waitlist (Waitlist). If you have been placed on our Waitlist, this clause 2 will apply from the Commencement Date until the date that you have accepted a Waitlist Offer (as that term is defined below).

The Waitlist operates on a first come, first served basis. When you are at the top of the Waitlist for your child’s designated age group, if a place becomes available on all your required days, we will contact you (Waitlist Offer). We may contact you via phone or email, and you acknowledge and agree that it is your responsibility to ensure that the contact details we have on file for you are up to date. If we are unable to reach you, it is your responsibility to return our contact attempts and accept or reject our Waitlist Offer.

If you do not respond to a Waitlist Offer within 5 Business Days, your place will be released and offered to the next person on the Waitlist. In such event, you will be deemed to have rejected your Waitlist Offer, and you will be removed from our Waitlist.

You acknowledge and agree that a place on our Waitlist does not guarantee your child a placement with us. Our base rooms are divided into age-appropriate groups, and we will only make a Waitlist Offer where there is a place available in the base room relevant to your child’s age group.

If you are removed from the Waitlist for any reason (whether at our discretion or at your request), these Terms will automatically terminate, unless you have accepted a Waitlist Offer, in which case they will continue in accordance with their terms.

2.6 The Agreed Start Date for the commencement of nursery services will be agreed during the offer of a nursery place. If you subsequently wish to change the agreed start date, you must request the change in writing, (email). The nursery will respond and either i) confirm the change or ii) refuse the change. The nursery reserves the right to refuse the change requested and withdraw the offer of the nursery services. Para 2.3 and 2.4 will then apply.

Services

In consideration of your payment of the Price, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.

All variations to the Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the scope of the Services or our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.

Notwithstanding clause 3.2, you agree that we may vary the Services or the Price at any time, by providing 30 days’ written notice to you (Variation Notice Period). If you do not agree to any amendment made to the Services or Price, you may, before the end of the Variation Notice Period, terminate these Terms by giving us 30 days’ notice in writing, in which case, the proposed variation will not come into effect and clause 14.4 will apply.

Attendance & Absences

At the time of registering your child for our Services, you will be required to nominate the days that your child will attend our Nursery (Attendance Days). Unless otherwise agreed between the Parties in writing and in advance, we are only able to provide the Services on these days, and we may turn you away should you try and drop off your child at the Nursery on any other days.

Where you wish to make any changes to your child’s Attendance Days, including to change your child’s scheduled Attendance Days or increase or decrease the number of Attendance Days, you must provide us with at least 30 days’ written notice (Attendance Change Request). We will use our best commercial endeavours to accommodate your Attendance Change Request; however we do not guarantee that we will be able to accommodate such requests.

Where your child is unable to attend the Nursery on a scheduled Attendance Day for any reason (including sickness or scheduled holiday), you agree to provide us with as much notice as possible via phone or email.

You acknowledge and agree that

there will not be any reduction of the Price where your child is unable to attend the Nursery on their Attendance Days;

we do not offer make up days for any missed Attendance Days; and

there will be no credits for any missed Attendance Days.

Our Nursery is open, and we provide the Services, between 8am and 6pm on Business Days, except as otherwise notified by us to you. You are responsible for ensuring that you collect your child promptly at the end of each Attendance Day. Where you are more than 10 minutes late to collect your child, we reserve the right to charge a late pick up fee for each half hour, or part thereof, that you are late (Late Collection Fee). The amount of the Late Collection Fee will be notified to you on the Registration Form. You acknowledge and agree that the Late Collection Fee is a genuine pre-estimate of our likely losses arising from your failure to collect your child at the agreed time.

The exact dates of closure will be notified to you in advance each year. During this time, we will not provide the Services to you. A refund is not given for panned nursery closure days.

Health and Wellbeing

If your child is unwell, we respectfully request that you keep your child at home until they are well enough to attend the Nursery so as to protect the health and wellbeing of our Personnel and the other children in our care.

If you send your child to the Nursery while they are unwell, or if your child becomes unwell while they are in our care, we may contact you and require you to pick up your child. In such event, you agree to promptly remove your child from the Nursery, and, where necessary, seek medical attention for your child.

If your child is prescribed antibiotics by a healthcare professional, we require that you keep your child at home and administer the antibiotics yourself for at least 48 hours before you send your child to the Nursery. This is to ensure that your child does not have any adverse reactions to the prescribed medication.

Where your child needs to be administered medication during their Nursery Attendance Days, you must provide us with:

a copy of the prescription in your child’s name, with their date of birth, and signed by a healthcare practitioner.

a signed medication consent form, which can be obtained from the Nursery manager.

the relevant medication (correctly labelled with your child’s details) and any necessary equipment to dispense the medication (for example, syringes); and

any instructions on how to dispense the medication, where necessary.

Where your child is involved in an incident at the Nursery, we will assess your child and determine the best course of action. Our Personnel are trained in emergency first aid and reserve the right to administer first aid where necessary.

If your child needs medical care, we will contact you or the Emergency Contract provided by you. If the medical care is a matter of urgency and we’re unable to reach you or your Emergency Contact, we may, in our sole discretion, seek medical care for your child on your behalf.

If your child has an accident or incident, we will log the event and notify you of the accident or incident, via an online accident or incident form. You agree to acknowledge the relevant form by signature (digital or other)

Communicating with You

We publish weekly newsletters for our Nursery which is emailed to all parents of children in our care. The weekly newsletter may include images of the children partaking in activities around the Nursery. If you do not wish for us to include images of your child in our weekly newsletter, please let us know at the time of completing your Nursery Consent Form.

We may, with your consent, capture images, videos and other recordings of your child while they are in our care, including during events that we organise (Content). You may request a copy of any such Content involving your child.

You acknowledge and agree that we own all intellectual property rights in and relating to the Content. We grant you a non-exclusive, worldwide, revocable, non-sublicensable and non-transferable right and licence, to use any Content we provide to you, solely for your personal, non-commercial use.

Your Obligations

You agree to:

comply with these Terms, all applicable Laws, and our reasonable requests.

provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services.

promptly notify us of any health condition or illnesses impacting your child, including any long-term medications that your child is taking.

provide us with any relevant training to administer any medications necessary for your child.

notify us of any allergies your child has, including any food allergies.

provide us with contact details for an Emergency Contact and ensure that these are always kept up to date.

act respectfully towards all staff and other attendees (including parents and other children) at the Nursery.

send your child to the Nursery in suitable, weather appropriate clothing, and to provide suitable, weather appropriate spare changes of clothes.

provide us with a hat, sunglasses and gloves for your child. You may choose to leave these at the Nursery or send these with your child on each Attendance Day.

provide us with sufficient consumables for your child, including nappies, wet wipes, formula feeds, and any creams that you would like us to use for your child.

comply with all Nursery policies as notified by us to you from time to time.

ensure that a responsible adult, whose identity has been notified to us and our Personnel, is available to collect your child at the end of each Attendance Day. You acknowledge and agree that our Personnel may request identification if they are unfamiliar with the adult collecting your child and may refuse to release your child if you have not provided us with prior notice of the identity of the relevant responsible adult.

clearly label any personal items with your child’s name before sending them to the Nursery with your child; and

not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.

Despite anything to the contrary, we will not be liable for, and you waive and release us from and against any Liability to the extent arising from or in connection with your failure to comply with your obligations in this clause 7.

Price and Payment

In consideration for us providing the Services, you agree to pay all amounts due under these Terms in accordance with the following Payment Terms.

Nursery fees are due paid one month in advance.

They are to be credited to the nursery bank account provided on the 5th business day of the month for which they are due payment.

The first payment must be received before the commencement of attendance at the nursery place.

Extra sessions are charged at the usual day rate and will be due payment by the 5th business day of the month following the extra session.

Where you would like to use a voucher from a recognised voucher scheme (Voucher), you must contact us in advance to confirm whether we accept such Vouchers. We may, in our sole discretion, accept or reject a Voucher. If we agree to accept your Voucher, the amount of the Voucher will be deducted from the Price for the relevant month. You agree to pay any difference between the Voucher and the Price in accordance with the Payment Terms.

If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):

after a period of 5 Business Days from the relevant due date, suspend the provision of the Services, and exclude your child from the Nursery, and recover, as a debt due and immediately payable by you, our reasonable additional costs of doing so (including all recovery costs);

charge interest at a rate equal to the Bank of England’s base rate, from time to time, plus 4% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms; and/or

after a period of 2 calendar months from the relevant due date, cancel your child’s place in the Nursery and permanently cease the provision of the Services, and recover, as a debt due and immediately payable by you, our reasonable additional costs of doing so (including all recovery costs).

All amounts payable by you under these Terms are exclusive of amounts in respect of any taxes, including sales, use or value added tax chargeable from time to time (VAT), unless otherwise stated. Where any taxable supply for VAT purposes is made under these Terms by us to you, you agree, on receipt of a valid VAT invoice from us, to pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.

Consumer Cancellation Right

Subject to clauses 9.2 and 9.3, you may cancel the Services within 14 days of the Commencement Date (Cancellation Period).

Unless you expressly request us to commence the provision of the Services during the Cancellation Period, we will not commence the provision of the Services during the Cancellation Period. Where you expressly request us to commence the provision of the Services during the Cancellation Period, you will lose your right to cancel the Services if the relevant Services are fully performed by us.

If you exercise your right to cancel the Services under this clause 9, you will be liable to pay to us an amount for the relevant Services supplied up to when you inform us that you intend to cancel the Services, which will be proportionate to the full Price for the relevant Services for the whole of the Term.

If you want to cancel the Services, you should email us using the contact details at the start of these Terms. We are able to accept notification to cancel by email.

Subject to clauses 9.2 and 9.3, where you have paid any part of the Price upfront and have cancelled the Services in accordance with this clause 9, we will provide you with a refund of the amount paid to us within 14 days of you telling us that you have changed your mind.

Warranties and Representations

Each Party represents and warrants that:

it has full legal capacity, right, authority and power to enter into these Terms and to perform its obligations under these Terms; and

these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms.

You represent and warrant that:

all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and

no insolvency events (including but not limited to bankruptcy, receivership, voluntary administration, liquidation or creditors’ schemes of arrangement) affecting you or your property are occurring or are likely to occur.

You acknowledge and agree that:

we aim to provide a nut free environment at our Nursery. Where you wish to send cakes or other edible items to the Nursery with your child, whether for your child’s own consumption or to be shared with their peers, you must ensure that any items you send are free of nuts and any other allergens notified by us to you from time to time. You accept that at all time our decision to accept/reject items into the nursery is final.

we recommend that you do not send anything of value with your child to the Nursery.

you are responsible for any items that your child brings to Nursery with them, including (but not limited to) any blankets or toys they are particularly attached to, or any spare changes of clothing. We will use our best commercial endeavours to ensure these items are returned to you at the end of each Attendance Day, however, despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any Liability arising from or in connection with any loss or damage to any items that your child brings to the Nursery, except to the extent caused by our negligent acts; and

we may take your child for walks around the neighbourhood of the Nursery where the weather permits. We will seek your consent for any other excursions that leave the Nursery.

Intellectual Property

All intellectual property developed, adapted, modified or created by or on behalf of us or our Personnel, whether before or after the date of acceptance of these Terms, will at all times vest, or remain vested, in us. As between the Parties, any intellectual property created in the provision of the Services will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such intellectual property rights in any new intellectual property and/or improvements to the new intellectual property or our intellectual property do not automatically vest in us, you agree to do all things necessary or desirable to assure our title to such rights.

Nothing in these Terms constitutes a transfer or assignment of any intellectual property rights.

This clause 11 will survive termination or expiry of these Terms.

Confidential Information

Subject to clause 12.2, each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under these Terms) or permit any unauthorised use of, information provided by the other Party, including information about these Terms and the other Party’s business and operations.

Clause 12.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 12.1.

This clause 12 will survive the termination of these Terms.

Liability

Nothing in these Terms limits any Liability which cannot legally be limited, including liability for:

death or personal injury caused by negligence; and

fraud or fraudulent misrepresentation.

Subject to clause 13.1, but despite anything to the contrary, to the maximum extent permitted by law:

where you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any Liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;

a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the negligent or unlawful acts or omissions of, or breach of these Terms by the other party; and

our aggregate liability for any and all Liability arising from or in connection with these Terms will be limited to 100% of the Price paid or payable by you to us in the 12 months immediately preceding the event giving rise to the relevant Liability.

This clause 13 will survive the termination or expiry of these Terms.

Termination

Either Party may terminate these Terms at any time by giving 30 days’ notice in writing to the other Party.

These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.

We may terminate these Terms immediately upon written notice, where your or your child’s behaviour towards our Personnel, other parents or other children is disruptive, abusive, inappropriate or otherwise unacceptable in any manner.

Upon expiry or termination of these Terms:

we will immediately cease providing the Services.

any payments made by you to us for Services already performed are not refundable to you.

you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms.

by us pursuant to clause 14.2 or 14.3, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and

we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 12.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

This clause 14 will survive the termination or expiry of these Terms.

General

Amendment: Subject to clauses 3.2 and 3.3, these Terms may only be amended by written instrument executed by the Parties.

Assignment: Subject to clauses 15.3 and 15.12, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a Party to it.

Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by The Centre for Effective Dispute Resolution.

Entire Agreement: Without limiting any of your consumer law rights (if applicable), these Terms contain the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersede all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and

uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.

Governing Law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Publicity: Despite clause 12, with your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the Services to you, including on our website or in our promotional material.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent. We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.

Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Registration Form, and:

Applicable Data Protection Law means the laws and regulations applicable to the processing of Personal Data by the Parties in connection with these Terms, including without limitation, the Data Protection Act 2018.

Business Day means a day on which banks are open for general banking business in London, England, excluding Saturdays, Sundays and public or bank holidays.

Commencement Date means the date that you accept these Terms in accordance with clause 1.1.

Emergency Contact means an adult or next of kin whom we may contact in relation to your child and their care if we are unable to reach you, as further particularised in the Registration Form.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Nursery means the premises where the Services are to be provided, as further particularised on the Registration Form.

Payment Terms means the timings for payment of the Price and any Expenses, as set out in the Registration Form and these terms.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Price means the price set out in the nursery place confirmation offer and is calculated into 12 equal payments of the weekly rate multiplied by 52 weeks and divided by 12 months.

Registration Form means the document completed by you to enrol your child in the Services, to which these Terms are attached or incorporated.

Services means the services set out in the Registration Form, as adjusted in accordance with these Terms.

Terms means these terms and conditions, the Registration Form, and any documents attached to, or referred to in, each of them.

Agreed Start Date means a date confirmed in writing by email from the nursery provider and acknowledged by a parent of the child requiring nursery services. Verbal confirmations are not submissible or acceptable.

GDPR Privacy Notice

At Wigwam Nurseries Ltd we take privacy very seriously and we are providing you with this information to ensure that we are fully meeting the new data protection standards (General Data Protection Regulation (GDPR)).

We are registered with the Information Commissioner’s Office (ICO).

The categories of children’s information that we collect, hold and share include:

personal information (such as name, address, date of birth)

characteristics (such as ethnicity, language, nationality, country of birth, early years pupil premium eligibility)

attendance information (such as sessions attended, number of absences and absence reasons)

observations and assessment information and tracking of progress

medical information

information on special educational needs and disabilities (including if accessing Disability Living Allowance and entitled the Disability Access Fund)

referrals to other relevant services

safeguarding information.

We also collect, hold and share some information on the children’s parents/guardians:

personal information (names, address, contact numbers and emails)

National Insurance numbers.

Why we collect and use this information

We use the children’s and parents’ data to:

support their learning and development, to enable staff to plan suitable activities to extend their knowledge and skills

ensure that all children are safe within our childcare provision

monitor and report on their progress

provide appropriate behavioural and emotional support as required

assess the quality of our services as a childcare provider

comply with the law regarding data sharing (GDPR)

meet the requirements of the early years foundation stage (EYFS)

make claims for funding.

The lawful basis on which we use this information

We collect and use children’s information under the following lawful bases:

Contract: the processing is necessary for a contract we have with you the parents/guardian of the child to provide childcare and the contract that we have with the local authority to provide funded childcare to eligible families.

Legal obligation: the processing is necessary for us to comply with the law (submitting data for the early years census).

Collecting children’s information

While the majority of children’s information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with the GDPR, we will inform you whether you are required to provide certain children’s information to us or if you have a choice in this.

Storing children’s data

We are required to hold children’s data for a reasonable period of time after children have left the provision (eg until after the next Ofsted inspection) as a requirement under the EYFS. The Limitation Act 1980 recommends that we retain data until the child reaches the age of 21 — or until the child reaches the age of 24 for child protection records.

Your data will be held securely and will only be accessible by staff who are authorised to do so.