Terms & Conditions crèche Hermelijntje

ARTICLE 1:  Definitions
ARTICLE 2: Application
ARTICLE 3: Introduction
ARTICLE 4: Offer
ARTICLE 5: Agreement
ARTICLE 6: Interview
ARTICLE 7: Duration, alteration and termination of the agreement
ARTICLE 8: Accessibility
ARTICLE 9: Price and price changes
ARTICLE 10: Cancellation
ARTICLE 11: Service
ARTICLE 12: Expertise and material care
ARTICLE 13: Payment / non-timely payment
ARTICLE 14: Liability childcare provider and client
ARTICLE 15: Complaint procedure
ARTICLE 16: Dispute Regulation and  Law of Action Rights
ARTICLE  17: Observance guarantee
ARTICLE 18: Deviation
ARTICLE 19: Alteration
ENCLOSURE 1 – Fees crèche Hermelijntje
ENCLOSURE 2 – House rules crèche Hermelijntje

This Terms and Conditions of the Social Childcare Providers` Group and the Branch Association of childcare nursery was established in mid - 2004 in thought with the Consumers` Organization and BoinK in the frame of the Coordination group Self-regulation Agreement (CZ) of the Social – Economic Council and will come into force on 1 January 2005.

Preamble
Childcare has acquired an important social position in the Netherlands. This is mainly the consequence of the changed division of work and care tasks between partners with children and the increased work participation of women. Childcare has developed from a semi-public service into a market-oriented branch of social service. Childcare is a dynamic branch where the variety of services keeps increasing. Clients and childcare providers have made branch agreements about their services. These are laid down in this terms and conditions that intend to divide the rights and obligations of both parties equally. For the client this means clarity and social security and for the childcare provider it illegitimates equal rights. This terms and conditions can partly prevent improper competition and offers childcare providers the possibility to present themselves with price, quality and type of service. This terms and conditions has been developed with the purpose of making childcare accessible to everyone in the Netherlands. This is in the interest of all concerned parties: parents, children and childcare providers. The most important is to keep in mind that it is a vulnerable group of young children that matters in childcare.

ARTICLE 1:  Definitions
In this Terms and Conditions the following definitions can be found:

1. Childcare:  care for and education of children up to the first day of the month when the children concerned start their secondary education. The following services do not count as childcare service: supervising schoolchildren during the lunch break; childcare and education either in a playgroup or under terms of the law for youth care or at a place which is the child’s main residence (e.g.: other than a guest family’s home or professional relief at home).
2. Client: Parent / caretaker who is not in the practice of an occupation or business activity and enters into an agreement to makes use of childcare for a child who s/he shares a household with and who is looked after by him / her. S/he is entitled to receive foster allowance under the terms of the law of youth care.
3. Childcare provider ( in the childcare): Creche Hermelijntje:Natural or legal individual that enters into an agreement with a client regarding childcare at a childcare centre.
4. Parents involvement: Involvement of the parents and caretakers of the placed children concerning issues which are directly related to the (policy of) giving or changing the rules about dealing with complaints.
5. Parents commission: advice and consultation organ set up by the childcare provider, consisting of representatives of parents/caretakers of the placed children.

ARTICLE 2: Application

1. This terms and conditions apply to childcare at the childcare centre for children aged 0 up to the time they start their secondary education.
2. The agreement on childcare is made between creche Hermelijntje and the client.
3. With exception of the agreement on childcare as stated in paragraph 2 each of the parties can pass on rights and obligations resulting from this agreement onto a third party.
4. In a deviation from paragraph 3 of this article creche Hermelijntje needs no permission from the client to call in a third party to collect payments nor needs the client permission to call in a third party to do payments.

ARTICLE 3: Introduction

1. Creche Hermelijntje provides sufficient information either on paper or by email, which must be sufficiently detailed to help the client to choose from the various childcare facilities.
2. The information provided contains at least the following:

1. The kind and size of childcare provided in or via the establishment and extra services; kind of childcare, offer of sessions (how many and how long), possibly with a minimum; any possibilities for flexible childcare; placement procedure.
2. A summary of the pedagogical plan developed by the childcare facility in which the manners of contact with children and parents characteristic for that childcare facility are described as characteristic for the childcare facility concerned; the announcement that there is detailed version of the pedagogical plan available if requested
3. The form and frequency of information exchange, which contains the number of meetings with parents, held on an annual basis.
4. Hygiene policy, security policy, medical treat, health policy and privacy
5. The manner in which the childcare centre sets up the Parents` commission or another kind of parent involvement organisation
6. The at the moment valid price of all regular or extra services including cancellation fee and conditions which make cancellations possible; the manner of payment.
7. Procedure of dealing with complaints
8. Term of notice and the day of the month on which cancellation is possible

-     the ratio between teachers and the number of children per age category

1. Information concerning the group and available space
2. The opening times of the childcare facility and the times when children can be brought to and picked up from the facility. By this it is understood, as far as applicable, information about the manner of transport between the school and the childcare facility and the agreement on whether the child is allowed to go home on his/her own. Further, as far as applicable, information about childcare during public holidays or extra school holidays.
3. Meals provided by the childcare facility and the possibility of making special agreements about meals and care

3.     The client can fill in an application form on paper or by email and can apply for one particular type of care, for one particular child and for a particular duration. at the childcare facility if s/he is interested in the sort of childcare provided by the childcare facility

ARTICLE 4 – Offer

1. The offer contains a complete and accurate description of the service offered by creche Hermelijntje in order to enable the client to make a definitive choice.
2. The offer contains at least the same information as stated in article 3:

1. the child(ren)`s name and age
2. the possible start date of placement as well as its duration
3. special arrangements between the childcare provider and the client about the care and food for the child
4. the offered medical care ( see article 11 paragraph 2) if requested by the client and if the childcare provider has the possibility to provide it
5. a notice that creche Hermelijntje keeps the received information confidential and will not dispose it to a third party except when subject to law.

 

1. Within a reasonable period of time the client must let creche Hermelijntje know if  she accepts his/her offer.
2. The offer refers to the relevance of this terms and conditions and must be accompanied by a copy.
3. The offer must be foreseen by a date and is irrevocable during the reaction period. After the reaction term expires, the offer is no longer valid.

ARTICLE 5 – The agreement

1. The agreement is put down on paper or by email when a copy of the offer has been signed by the client (electronic signature is accepted), sent to and received by the childcare provider. Creche Hermelijntje confirms the agreement to the client. This means that the client has obligations that are different from the obligations when only a registration form (see article 3 paragraph 3) is sent.
2. Incidental changes in childcare do not affect the agreement.

ARTICLE 6 – Interview
1.     Before the child(ren) is / are placed, Creche Hermelijntje invites the client to an interview on placement during which specific information about the client and his/her child(ren) is discussed. Creche Hermelijntje provider and the client agree, as far as necessary, to inform each other regularly whether there are general or actual points of interest or particulars about the care for the child (daily routine, food, illness etc.).
2.     During the interview creche Hermelijntje must point out the following:

1. Creche Hermelijntje is obliged to pay attention to the health of the child(ren) and keep the parent(s) informed
2. the client as parent/guardian is liable for any damage caused by his / her child(ren)

 

3.    Creche Hermelijntje and the client confirm the agreements made during the interview by letter or by email.

ARTICLE 7 – Duration, alteration and ending of the agreement

1. The agreement on childcare for 0-4 year-olds lasts until the 4th birthday of the child(ren).The agreement on extracurricular childcare lasts until the first day of the month when the secondary school year starts for this/these child(ren). With exception to points agreed on and confirmed by letter or by email.
2. When both parties agree that it is a matter of continuation of the agreement, this agreement should be confirmed by letter or by email. In this case the present terms and conditions are in force.
3. When the child(ren) dies the agreement is immediately ended according to the law. In case of invalidity which affects the child(ren)`s functioning at the childcare facility, the client and creche Hermelijntje have got the right to end the agreement.
4. Each party has got the right to end the agreement or a part of the agreement on a period by means of a written statement (letter or email) complying with a 2 months` term of notice unless otherwise agreed on, but in any case before the first or sixteenth day of the month.Creche Hermelijntje who makes use of this right can, unimpeded his/her remaining rights stated in this terms and conditions, merely end the agreement.
5. Creche Hermelijntje has got the right to terminate an agreement with a client immediately, if the client has not paid for two months, by means of a signed letter or received notice. The client must be given the possibility to make the termination invalid by immediate payment. The immediate termination does not apply when the client can prove that his/her inability for payment was beyond his/her control during the period concerned. In this case the financial obligations for the client are unimpeded as stated in article 13 of this terms and conditions.

ARRTICLE 8  - Accessibility

1. The childcare facility is normally accessible to any child as long as there is an agreement between creche Hermelijntje and the client.
2. creche Hermelijntje maintains the right to refuse childcare for the placed child(ren) for the period when that/those child(ren) needs  special care resulting from illness or when the child(ren) means a health risk for others present at the childcare facility or when creche Hermelijntje cannot reasonably be expected to guarantee usual childcare for the above- mentioned child(ren) and other children present at the childcare facility.
3. If the client does not agree with the refusal of accessibility as stated in paragraph 2, s/he has got the right to present his/her case to the Arbitration Board and have it dealt with according to the Shortened Procedure. The decision brought by the Arbitration Board is binding for both parties. As long as the matter is being dealt with according to the Shortened Procedure, the client has no right to cancel the placement and is obliged to pay as stated in article 13 in this terms and conditions.
4. When the placed child(ren), after his/her parents has been demanded to pay, shows behaviour which endangers other children either mentally or physically, creche Hermelijntje has got the right to refuse accession to the childcare facility or to terminate the agreement on reasonable basis which complies with a reasonable term. Creche Hermelijntje can refer to an authority that can provide the kind of childcare that is more suitable for the child(ren).
5. Creche Hermelijntje and the client are obliged to decide by mutual agreement on the availability of a place if the child(ren) is/are absent for a longer period.

ARTICLE 9 – Price and price changes

1. The price that the client must pay must be agreed on beforehand (see fees)
2. Price changes must be announced by the childcare provider on time, within a term which is at least as long as the term of notice agreed upon (see article 7 paragraph 4).

ARTICLE 10 – Cancellation

1. The client has got the right to cancel the agreement from the date of signature until the start date of the agreement. This means that s/he is due to pay a cancellation fee. The amount of the cancellation fee is equal to the amount of 1 month’s care. Creche Hermelijntje must inform the client about the cancellation procedure and the amount of the cancellation fee when offering his/her service.

ARTICLE 11 – Service

1. Creche Hermelijntje ensures the client that his/her activities meet all the requirements stated in the agreement and are in accordance with legal requirements.
2. Creche Hermelijntje takes care of material and personal facilities that make the establishment suitable for providing optimal childcare.
3. Creche Hermelijntje can decide whether s/he offers extra medical service. In this case the staff members must meet the legal requirements for employees in individual health care. The medical service provided is subject to legal BW regulations that result in care- and information duty and requirement of confidentiality.
4. The client is responsible for his/her child(ren) until there is a reasonable and mutual agreement between both parties ( e.g. the childcare provider and the client) that the transfer of responsibility actually has taken place. The client is then responsible for the child(ren) until again there is a reasonable and mutual agreement between both parties ( e.g.creche Hermelijntje and the client) that the transfer of responsibility actually has taken place.
5. The moment when the responsibility for the child(ren) is being transferred from the client or any other adult to creche Hermelijntje  and the moment when the responsibility for the child is being transferred from creche Hermelijntje to the client depends on how the child(ren) is/are taken to and picked up from the childcare facility. The mutual agreement between creche Hermelijntje and the client is written on paper or by email.
6. creche Hermelijntje has got the right to request the client to deduct a third party either by letter or by email to pick up his/her child(ren).
7. creche ehrmelijntje and the client are together responsible for proper information exchange about the child(ren).
8.  creche Hermelijntje takes the individual demands of the client into account, as far as this is possible regarding other children.
9. creche Hermelijntje can point out the legal consequences to the client if the client regularly brings or picks up his/her child(ren) too late. This is in fact an example of violating an agreement.

ARTICLE 12 – Expertise and material care

1. creche Hermelijntje guarantees that s/he carries out activities that meet the requirements of good expertise and of using good material. The childcare facility must meet the minimum legal requirements of quality and safety.
2. Employees working at the childcare facility must have a certificate of moral conduct, issued according to law on judicial information data. The employee must presents a certificate to his/her employer before s/he starts working and the certificate must not older than two months at the moment of consultation. When the employer has reason to suspect that the employee no longer satisfies the requirements of a certificate, s/he can request the employee, within a fixed term by him/her, to present a certificate of moral conduct that is not older than two months.

ARTICLE 13 – Payment / Non – timely payment

1. The client is responsible for timely payment to creche Hermelijntje.
2. Payment is due once a month or a period longer as agreed on, but not longer than a month ahead.
3. When the client pays a third party brought in by creche Hermelijntje as stated in article 2 paragraph 4, this means that the client is free from his/her financial obligation. When the client brings in a third party to pay, this does not free the client from his/her financial obligation.
4. The client is in default payment after the term has expired. Creche Hermelijntje sends a written reminder and gives the client the possibility to pay within 14 days after the reminder has been received. Creche Hermelijntje warns the client that s/he has the right to cancel the agreement if the amount due is not paid within 14 days.
5. In case of non-timely payment creche Hermelijntje has the right to charge the client the legal interest, without announcement, for the amount due up to the day the amount due is received by him/her.

6. As stated in paragraph 4 of this article, creche Hermelijntje can decide to offer a possibility for settling money matters.

ARTICLE 14 – Liability - childcare provider / client
Both parties are liable as far as it results from law or the agreement. The management has taken out as well for the children as for the managers (either well paid or voluntary) a collective legal liability insurance. The insurance policy is for you to inspection if requested. The management is only liable for what they are insured for. This does not include liability for damage and theft of private properties of parents, caretakers and/or children is excluded.

ARTICLE 15 – Complaint procedure

1. Complaints about the execution of the agreement must be described clearly and in details and must be submitted to creche Hermelijntje on time, after the client has been able to observe any deficiency. Filing a claim is timely within a period of two months. Not filing a complaint on time can result in losing the client’s relevant rights.
2. The management of the childcare facility deals with the complaint according to the internal complaints procedure. As stated in article 1 of this This terms and conditions parents must be involved in setting up or changing the complaint procedure.
3. When the parties cannot come to a mutual agreement about a complaint, there arises a dispute that is susceptible for the Dispute Regulation of Article 16.

ARTICLE 16 – Dispute Regulation and  Law of Action Rights

1.     Disputes between the client and creche Hermelijntje concerning the realisation or execution of the agreement on the service and matters   provided by the childcare provider can be taken to the authorities ( Geschillencommissie Kinderopvang , Bordewijklaan 46, Postbus 90600, 2509 LP Den Haag, www.sgc.cl)
The Arbitration Board will deal with 2.A disagreement only after the client has filed his/her complaint with the childcare provider.
3.     After the complaint has been filed with creche Hermelijntje, it must be taken to the Arbitration Board within 3 month after it has appeared (see article 15 paragraph 3).
4.     When the client decides to take a matter to the Arbitration Board, creche Hermelijntje is bound by the client’s decision. When creche Hermelijntje wants to do this, s/he must ask the client by letter or by email and within a period of 5 weeks whether s/he agrees with his/her decision. Creche Hermelijntje must announce that, s/he has got the right to take the matter to court after the afore-mentioned term expires.
5.     The Arbitration Board passes judgement in accordance with the valid regulations. The regulations of the Arbitration Board must be sent to if requested. The decision of the Arbitration Board is binding. For the handling of a disagreement compensation is due.
6.     Only a judge or the above mentioned Arbitration Board has authority is authorised to take note of any disagreement.
7.     When the client considers it necessary he can file a complaint with a complaints commission in accordance with the Law of Action Rights of Health Institution Clients. In this case it is not required, as deviation from article 15 of this Terms and Conditions, to file the claim with the childcare provider first. The decision of a complaints commission cannot be regarded as binding. It is only the Arbitration Board that can pass a binding judgement to settle the differences definitively.

ARTICLE 17: Observance guarantee

1. The Mogroup as well as the branch association guarantee the client that the sentence pronounced by the Arbitration Board will be observed.

Article 18 – Deviation

1. Individual deviations including any addition to and expansion of this This terms and conditions, between the consumer and creche Hermelijntje must be put down in writing.

Article 19 – Alteration
The Mogroup and the branch organisation will change this This terms and conditions only in consultation with the Consumers` Organization and the BoinK.