Mobile Crèche Terms and Conditions
Harmony at Home Limited Contract Terms for the Supply of a Mobile Crèche
These terms and conditions are the contract between:
Harmony at Home Limited, a company incorporated in England and Wales under company registration number 07351678 and whose registered office is at Town Place Farm, Sloop Lane, Haywards Heath, RH17 7NP (the “Agency”)
Any person (the “Client”), who approaches the Agency for Event Childcare (Otherwise known as a Mobile Crèche).
By visiting or using www.harmonyathome.co.uk or otherwise using the services of the Agency, the Client agrees to be bound by them.
1. In this agreement, unless the context clearly indicates another intention:
1.1. Reference to one gender includes all other genders,
1.2. Reference to the singular includes the plural and vice versa,
1.3. Obligations undertaken by more than a single person are joint and several obligations,
1.4. Reference to a statutory provision is a reference to that provision as modified or re-enacted or both from time to time and to any subordinate legislation made under the statutory provision,
1.5. Reference to a document is a reference to that document as from time to time supplemented or varied,
1.6. Reference to writing includes fax, e-mail and similar means of communication,
1.7. Any reference to a person includes natural persons and partnerships, firms and other such unincorporated bodies, corporate bodies and all other legal persons of whatever kind and however constituted.
2. This agreement is to set out the terms and conditions between the Agency and the Client whereby the Client has requested to the Agency for Event Childcare. This agreement is accepted by the Client by visiting or using www.harmonyathome.co.uk or otherwise using the services of the Agency, the Client agrees to be bound by them.
3. When supplying the childcarer for the Event Childcare the Agency is acting as an employment business and the supply is under a either a contract for service or a contract of service.
4. Confirmation of numbers is required at least six weeks before the event. On confirmation of numbers a final price will be given and an invoice raised.
5. The Client agrees to pay the Agency the total invoice amount within 7 days of receipt of the invoice.
6. If a booking is cancelled the Agency reserves the right to charge a cancellation fee based on the percentage of the total invoice amount and the agreed date of the event as follows:
Within 4 weeks a fee of 25%
Within 2 weeks a fee of 50%
7. There is a minimum booking time of two hours for Event Childcare.
8. Final number of children must be confirmed by the Client five working days prior to the Event. No increase in these numbers can be accepted after this time.
9. The Agency is unable to accept children that are sick. If a child becomes sick during the event the child’s parent will be notified to collect their child immediately.
10. The Agency requires access to the venue at least 14 days prior to the Event date in order to carry out a risk assessment. If the Event Childcare accommodation changes in any way after the risk assessment and is considered by the Agency to be unsuitable, then the Agency reserves the right to cancel the Event Childcare.
11. The Event Childcare accommodation must be secure and separate and with readily available access to toilet and hand washing facilities. The Event Childcare must not be a shared space, sharing facilities or accommodation with other facility users is not acceptable.
12. The facility accommodation must be available to the Agency at least two hours before and after the scheduled Event time to allow the Agency to set up and clear away.
13. The Agency endeavors to provide the Client with suitable childcares’, having performed all the check required by law. The Agency confirms that it has the relevant insurances in place as required by law for running Event Childcare.
14. The Agency does not accept liability for any kind of inconvenience, loss of damage howsoever arising and whether cased directly or indirectly by an act or omission of a Childcarer. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.
15. The Agency warrants that:
15.1 it is an authorised franchisee of Harmony at Home Ltd;
15.2 it has all necessary authority to perform its obligations set out in this agreement.
16. All communication whether written or oral between the parties shall be confidential.
17. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
18. In the event of a dispute between the parties to this agreement, the parties undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
19. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of any person, may be enforced under that Act.
20. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
21. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales.