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Terms & Conditions

Terms and Conditions
 
  1.  DEFINITIONS
  • “Services” means tuition and care services provided by Ruimsig Nursery School to the Parent(s)
  • “ Ruimsig Nursery School” means Vanessa McLoughlin t/a Ruimsig Nursery School
  • “Parent/s” means the parent/s of a child enrolled at Ruimsig Nursery School
  • “Child” means a child enrolled at Ruimsig Nursery School
 
  1.  APPLICATION
These terms and conditions apply to any provision of services by Ruimsig Nursery School to the Parent(s).
 
  1. INTERPRETATION
    1. Headings contained herein are contained simply for ease of reference and shall have no bearing or influence of the interpretation of the provisions contained herein
    2. The singular shall include the plural and vice versa. Similarly where reference is made to one gender, such reference shall also include the other gender.
 
  1.  FORMATION OF AGREEMENT
All services rendered by Ruimsig Nursery School are provided subject to Ruimsig Nursery School’s standard terms and conditions (as detailed herein) which form the whole of the Parent(s)’ Agreement with Ruimsig Nursery School. Additional Terms and Conditions on the Parent(s)’ Enrollment Form or other similar document shall not be binding on Ruimsig Nursery School unless so ratified in writing by Ruimsig Nursery School.
 
  1. SCHOOL TIMES
    1. The School Times of Ruimsig Nursery School are 6:00 – 18:00;
    2. Ruimsig Nursery School is open every weekday excluding public holidays and a December Shut Down which the Parent shall be advised of timeously, the duration of which is usually approximately 12 (twelve) days;
    3. The Parent shall ensure that their child is delivered to school timeously;
    4. The parent shall ensure that their child is collected from School timeously;
    5. Children shall be collected no later than 18:15. Parents failing to collect their children timeously may be held liable for a penalty of R50.00 per late collection. Which penalty may be raised in the discretion of Ruimsig Nursery School. Such penalty shall be added to the School Fees for the following month and shall accrue mora interest in the same fashion as School Fees if unpaid.
 
  1. SICK CHILDREN & INJURIES ON SCHOOL PROPERTY
    1. Sick children shall not be sent to school to ensure the good health of other children. The Parents shall inform the school if their child cannot attend school owing to ill health;
    2. Ruimsig Nursery School will take reasonable steps to ensure the safety and good health of the children in its care;
    3. Notwithstanding the provisions of Subsections 1 & 2 above, the Parent hereby indemnifies Ruimsig Nursery School against any claims that may arise as a result of their child contracting a contagious illness from another child in the care of Ruimsig Nursery School or otherwise. The Parent furthermore indemnifies Ruimsig Nursery School against any claims that may arise as a result of the possible injury or death of their child whilst in the care of Ruimsig Nursery School or their duly authorised representative (please note that this excludes extra-mural activities which will be dealt with fully below). Parents therefore acknowledge that their children attend the premises of Ruimsig Nursery School at their own risk.
    4. If a child becomes ill or is injured at Ruimsig Nursery School, Ruimsig Nursery School shall endeavour to contact the Parent as soon as is reasonably and practically possible;
    5. The Parent specifically empowers Ruimsig Nursery School or its duly authorised representative, in the event that their child becomes ill or is injured, to take the necessary and reasonable steps to stabilise the child. The stabilisation of the child is of paramount importance and the Parent hereby acknowledges that Ruimsig Nursery School may attend to the stabilisation of the child before contacting the Parent. Once the child is stabilised it is the Parent’s responsibility to ensure that further care is attended to;
    6. The measures taken by Ruimsig Nursery School in stabilising the child shall be the measure deemed most prudent in the reasonable opinion of Ruimsig Nursery School or its duly authorised representative, employee or agent and may include, but are not limited to:
      1. The administering of First Aid;
      2. Contacting Emergency Services (the election of which emergency services shall be contacted shall be within the discretion of Ruimsig Nursery School of its duly authorised representative, employee or agent and Ruimsig Nursery School is indemnified against any claims which may arise as a result of the negligence of the Emergency Services Workers);
      3. Taking the child to the Hospital;
      4. Contacting the South African Police Services;
    7. In the event that Ruimsig Nursery School is forced to incur costs in stabilising the child, the Parent assumes full responsibility for these costs. The amount expended by Ruimsig Nursery School in stabilising the child shall become due, owing and payable upon demand.
    8. No claim shall lie against Ruimsig Nursery School based on injury, illness or death of a child unless such damages arose as a result of the gross negligence or wilful misconduct of Ruimsig Nursery School or its duly authorised representative, agent or employee.
    9. Any medicine sent to the school shall be clearly marked by the parent. The Parent hereby warrants that all medicine sent to the school is what it purports to be and indemnifies Ruimsig Nursery School against any claims flowing from the administering of incorrectly marked or packaged medicine.
 
 
  1. COLLECTION OF CHILDREN
    1. Children shall not be released into the care of strangers unless prior arrangements were personally made by the parent with Ruimsig Nursery School beforehand;
 
  1. SCHOOL FEES, PAYMENTS, DEPOSITS & ENROLLMENT FEE
    1.     Upon enrolment, the Parent shall make payment to Ruimsig Nursery School of an amount of ________________________, which is made up as follows:
      1. R_______________ which is an enrolment administration fee and is non-refundable,
      2. R_______________ which is a deposit
    2. The amounts alluded to at 8.1 do not include monthly fees;
    3. The Enrolment Fee alluded to at 8.1 shall not be payable every year in which the child is enrolled,enrollment auto carry over to following year;
    4. Monthly School Fees shall be payable in advance no later than the 3rd of every month and shall be charged at:
      1. R____ for Full Day children;
      2. R_____ for Half Day children;
      3. R_____ for Aftercare children; and
      4. R_____ for siblings (maximum of two siblings. Additional siblings will be charged at the normal rate)
    5. School Fees are reviewed annually and may be increased in the discretion of Ruimsig Nursery School;
    6. Children of Parents who are in default with their school fees may be denied access to Ruimsig Nursery School and Ruimsig Nursery School will be entitled to withhold services until all Fees are paid in full;
    7. Fees paid up-front for the year are not refundable
    8. Statements of Account will be sent out on a monthly basis before the end of the month. It is the Parent’s responsibility to bring non-receipt of his/her statement to the attention of Ruimsig Nursery School. Non-receipt of a statement does not justify non-payment.
    9. School Fees do not include extra-mural activities or additional activities including, but not limited to, outings, puppet shows, etc. These additional services shall be quoted for and invoiced separately.
    10. Overdue school fees shall accrue mora interest at a rate of 15.5% per annum a tempora morae to date of final payment.
 
 
  1. CANCELLATION
    1. This agreement may be cancelled by the parties upon three months (one term) written notice to Ruimsig Nursery School;NO DECEMBER NOTICE
    2.  The parent may elect to attend to payment of three months’ school fees in lieu of giving notice;
 
 
  1. NOTICE
    1. All written notices to be served on or given to the Parent(s) shall be sent or delivered to their domicilium address as stipulated below.
    2. The Parents elect their domicilium citandi et executandi at the address reflected below.
    3. Notices dispatched to the Parent(s)’s domicilium address will be considered as delivered eight days after dispatch via registered mail.
    4. The Parent is entitled to change its domicilium citandi et executandi upon written notice to Ruimsig Nursery School.
 
  1. FORCE MAJEURE
Ruimsig Nursery School will not be liable to the Parent(s) for any loss or damage suffered by the Parent(s) as a direct result of Ruimsig Nursery School, its duly authorised representatives, employees or agents being unable to perform in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.
 
  1.  GOVERNING LAW
These Terms and Conditions shall be subject to and construed in accordance with the laws of the Republic of South Africa.
 
 
  1. JOINT AND SEVERAL LIABILITY
The Parents, by affixing their signature hereto, agree that they are jointly and severally liable for payment of any fees accruing to Ruimsig Nursery School pursuant to this agreement.
 
  1. EXTRAMURAL ACTIVITIES
    1. Ruimsig Nursery School shall not be liable for any damages flowing from injury, illness, death or otherwise which may occur during the course of the child attending extramural activities.
    2. Extramural activitites are undertaken by external third parties and Ruimsig Nursery School does not make any warranties to the qualifications, abilities or otherwise of the external third parties.
    3. Fees related to extramural activities will not be included in School Fees
 
  1. CONDUCT OF PERSONS ON SCHOOL PROPERTY
    1. Parents acknowledge that since the well-being of children is at play, strict conduct rules will be enforced. The Parent therefore agrees that he/she shall:
      1. Drive carefully on school property, and more particularly not speed in the school property;
      2. Not take any action to threaten, both verbally or physically, any children, parents or other persons present on school property for whatsoever reason;
      3. Not make use of language that is inappropriate and/or shocking to young children;
      4. Not enter the school property under the influence of alcohol, narcotics or any other mood altering stimulant;
      5. Not act in a sexually suggestive or inappropriate way;
      6. Not attempt to harm, both physically or emotionally, any children on the school property INCLUDING THEIR OWN CHILDREN;
      7. Not take any action whatsoever which may harm, shock, disillusion, frighten, or otherwise be to the detriment of the children in the care of Ruimsig Nursery School;
    2. The Parent warrants that he/she will ensure that all third parties entering the school property on their behalf will subscribe to the above conduct rules and the Parent hereby takes personal responsibility for such persons’ behaviour on school property;
    3. Persons failing to adhere to the above conduct rules will be removed from the premises, and in sufficiently serious cases the conduct of offending individuals will be reported to the South African Police Services.
    4. Parents caught speeding or driving recklessly on school property will be charged a penalty fee of R50.00 per individual trespass. Such penalty shall be added to the School Fees for the following month and shall accrue mora interest in the same fashion as School Fees if unpaid.( Parking and parametres controlled via cctv)
 
  1. GENERAL
    1. A certificate signed by the sole proprietor of Ruimsig Nursery School will be deemed to be prima facie proof of any amounts owing to it and will be sufficient evidence of such amount owing to obtain Default Judgment or Summary Judgment before a competent court;
    2. The Parent(s) consents to the jurisdiction of the Magistrate’s Court for the adjudication of any disputes arising out of the services provided to the Parent(s) by Ruimsig Nursery School. Such consent does not negate the right of Ruimsig Nursery School to commence legal proceedings in any other forums as it may see fit;
    3. Any provision in this agreement which is or may become illegal, invalid or unenforceable in any jurisdiction shall be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. Such prohibition or unenforceability will be treated pro non scripto and severed from the balance of this agreement, without invalidating the remaining provisions of this agreement or effecting the validity or enforceability of such provision in any other jurisdiction.
    4. No indulgence, leniency or extension of a right, which either of the Parties may have in terms of this Agreement, and which either party (“the grantor”) may grant or show to the other party, will in any way prejudice the grantor, or preclude the grantor from exercising any of the rights that it has derived from this Agreement, or be construed as a waiver by the grantor of that right.
    5. No waiver on the part of either party to this Agreement of any rights arising from a breach of any provision of this Agreement will constitute a waiver of rights in respect of any subsequent breach of the same or any other provision.
    6. The Parent(s) will be liable for any legal costs pursuant to either party enforcing any terms of these Terms and Conditions on a scale as between Attorney and Client.
    7. The Parent(s) consents, in the event of its failure to make payment to Ruimsig Nursery School, to being listed as a Default Payer with the relevant credit bureaus.
    8. Children shall be signed into and out of the appropriate class on a daily basis;
    9. Children are not permitted to wear necklaces or chains around their neck;
    10. The front gate is to be closed properly every time the Parent enters or leaves the school
    11. No toys may be brought to school;
    12. Ruimsig Nursery School accepts no responsibility for personal belongings which may become lost, stolen, broken, damaged or otherwise on school property;
    13. Parents are to ensure that a 2nd set of clean clothing, clearly marked, is sent to school with their child every day;