TERMS AND CONDITIONS OF BUSINESS FOR PARENTS WHO OBTAIN THE ONLINE SERVICES OF A ROLE MODEL THROUGH ROLE MODELS CREATIVE CHILDCARE LTD
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU OBTAIN THE ONLINE SERVICES OF A ROLE MODEL. THIS IS A LEGALLY BINDING CONTRACT AND CONTAINS LEGAL OBLIGATIONS AND LIABILITIES WHICH WILL APPLY TO YOU.
The following terms and conditions shall apply to you, should you decide to obtain the online services of a Role Model through Role Models Creative Childcare Ltd. The following terms and conditions shall apply to your relationship with Role Models Creative Childcare Ltd.
These terms and conditions shall apply when you select ‘I acknowledge these T&C’s’ on the following webform. If you do not wish to agree to these terms and conditions, please do not engage the online services of Role Models Creative Childcare Ltd. If you do not accept these terms and conditions you will not be permitted to use the services of RMCCL or a Role Model for online services. For the avoidance of doubt, you shall be referred to as the “Client” in the terms and conditions detailed below.
The following expressions shall have the following meanings in these terms and conditions:
“Conditions” means the terms and conditions as set out in this document and any subsequent variations that may be made by RMCCL from time to time and notified to the Client.
“Client” means a parent, guardian, individual, partnership, company or organisation who has chosen to obtain the online services of a Role Model through RMCCL pursuant to these Conditions.
“Instructions” means the instructions provided by a Client, whether orally or in writing, to RMCCL detailing the exact requirements of the Client including full details of the type of work and period of time for which the Role Model is required.
“Role Model” means an individual that is provided by RMCCL to provide the Services to the Client.
“RMCCL” means Role Models Creative Childcare Ltd, a company registered in England and Wales with company number 11917958.
“Services” means the ad-hoc online childcare services provided by the Role Model to the Client.
“Session” means each period during which the Role Model provides Services to the Client. This will either be 90 or 60 minutes.
2.1. These Conditions shall come into force immediately when a Client when you select ‘I acknowledge these T&C’s’ on the following webform.
2.2. These Conditions may be revised by RMCCL from time to time. Any such change will be notified to the Client by email and shall be effective from the date of the email. The Client is expected to check this page to take notice of any changes RMCCL make, as they are binding on the Client.
3. Supply of Services
3.1. The Role Model shall be employed by RMCCL, nothing contained within these Conditions shall constitute the relationship of employer and employee and/or worker or a partnership between the Client and the Role Model.
3.2. RMCCL shall use reasonable endeavours to introduce to the Client Role Models which the RMCCL considers suitable to be engaged by the Client as required in the Instructions and to perform the additional Services as further set out in this Clause.
3.3. RMCCL shall carry out its obligations with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and relevant statutory obligations.
3.4. RMCCL will take all reasonable steps to introduce Role Models to the Client who are of sound character, honest and reliable and are suitable for the Services required. However, RMCCL cannot be held liable or responsible for the conduct of a Role Model either before or during the Client’s engagement of the Role Model and does not give any warranty as to the history, character, age, experience, capability, suitability, honesty or immigration status of any Role Model nor as to the completeness, truthfulness or the accuracy of the information supplied to RMCCL by the Role Model and which is then transferred to the Client. RMCCL accepts no liability and hereby excludes all liability for any losses (direct and consequential), claims, cost, expenses (including legal expenses), charges or damages of any nature whatsoever and whether or not reasonably foreseeable or avoidable arising from any negligence, misconduct, dishonesty or lack of skill on the part of the Role Model.
3.5. The RMCCL will inform the Client as soon as reasonably possible of any information which subsequently comes to light that suggests they are unsuitable for the role with the Client.
3.6. The RMCCL will check that each Role Model it proposes to the Client has had a Disclosure Barring Service check (previously CRB) which is valid within the past three years.
3.7. The RMCCL will seek to provide continuity in Role Models for each Session. However, whilst the RMCCL will always look to provide quality service through its selection of high quality Role Models, we cannot guarantee the services of a particular Role Model or their availability and maintain the right to substitute Role Models as business needs require.
3.8. Time for commencement shall not be of the essence of the Agreement and the RMCCL shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
4. Obligations of the Client
4.1. The Client shall give detailed, complete, clear and accurate Instructions. Whilst the parameters of what the Client is looking for from the Role Model should be made clear to both RMCCL and the Role Model themselves, the Role Models should be allowed to perform their services without undue oversight.
4.2. The Client shall disclose all important information to RMCCL and the Role Model related to the children under the care of the Role Model, in particular any behavioural, medical and health information of the children including (without limitation) any medical illnesses and conditions and allergies.
4.3. The Client agrees that a Role Model can provide a maximum of forty (40) hours of childcare in a week unless agreed otherwise by the Role Model.
4.4. The Client acknowledges that the Role Model may work during recognised public holidays. If the Role Model does so, this will usually be on the normal basis of pay as detailed above. However, on 24th, 25th, 26th, 31st December,1st January, Good Friday, Easter Sunday and Easter Monday the Role Model shall be entitled to double pay unless previously agreed otherwise with the Client.
4.5. The Client shall provide Instructions to RMCCL at least 48 hours prior to a Role Model’s ad-hoc Session. However RMCCL will use reasonable endeavours to provide a Role Model if less notice is given.
4.6. The Client shall provide Instructions to RMCCL at least one (1) week prior to requiring two or more Role Models Sessions. However RMCCL will use reasonable endeavours to provide a Role Model if less notice is given.
4.7. The Client shall pay the fees as set out in Clauses 5, 6 and
4.8. The Client agrees that all expenses incurred by the Role Models as a result of providing the Services to a Client, including materials the parent has requested to use for a session shall be paid directly to the Role Model by the Client.
5.1. The minimum fees payable to RMCCL for providing a Role Model for the Services shall be £25 per hour long session for the 60 minute one-to-one session concentrating on the child’s passion point and £32 per 1.5 hour long session for the 90 minute group activities. These session rate shall be comprised of the following:
60 min one-to-one session:
- The Role Model’s minimum base rate of £12 per hour;
- RMCCL’s fee of £4.67 per hour, which include PAYE costs; and
- VAT of £3.33 (which is based on the current VAT rate of 20%)
90 min group activities session:
- The Role Model’s minimum base rate of £10 per hour;
- RMCCL’s fee of £6.67 per hour, which include PAYE costs; and
- VAT of £4.33 (which is based on the current VAT rate of 20%).
5.2 A Role Model’s base rate of £12 per 60 minute one-to-one session and £15 per 90 minute group activities session is the minimum base rate. This are also the prices RMCCL recommends Role Models use when charging for their online services. RMCCL are however within their rights to provide a statement with a higher base rate if such higher base rate has been agreed in writing with both the Client and RMCCL or the Client and the Role Model prior to the Session. If such higher base rate is agreed the hourly rate detailed in clauses 5.4, 5.6, 5.7 and 5.9 will be calculated based on the agreed higher base rate. The Role Models fees shall be paid to RMCCL and RMCCL shall settle the Role Model.
5.3 In the event the Role Model’s base rate is more than £12 per hour, RMCCL shall have a right to charge the same % as stated in 5.1 of that agreed higher base rate for RMCCL’s services as its fee.
5.4 On a monthly basis, RMCCL shall raise a statement to the Client (paid via a secure GoCardless Direct Debit) on behalf of the Role Model for the hours worked by the Role Model and any applicable RMCCL & VAT Fees. A Weekly Timesheet Report will be emailed to the Client each Monday, which should list all of their sessions that have been submitted by Role Models in the previous week. Please note that sometimes, this list may be incomplete, as one or more Role Models may not have submitted their timesheets yet. If the Client is happy that these sessions have taken place and are accurate, then there is no action for the Client.
5.5 If the Client wishes to cancel a Session prior to its commencement, the Client shall provide at least 48 hours’ notice in writing prior to the date of the Session to the Role Model. If at least 48 hours’ notice is provided to the Role Model then no charge will be made for the cancelled Session. If less than 48 hours’ notice is given to the Role Model then the Client will be charged for the session.
5.6 If the Client wishes to move a Session prior to its commencement, the Client shall provide at least 48 hours’ notice in writing prior to the date of the Session to the Role Model. If at least 48 hours’ notice is provided to the Role Model then no charge will be made for the cancelled Session. If less than 48 hours’ notice is given to the Role Model then the Client will be charged for the session.
5.7 To enable a more streamlined service, the Client must sign up to ‘automatic payment’ whereby the Client is sent a statement on a monthly basis and has 5 calendar days to challenge the total amount. If no challenge is raised, this amount is direct debited from their account. All statements shall be payable by the Client within seven calendar days of the date of the statement.
5.8 If any statement is not paid when due, the RMCCL is entitled (at its sole discretion) to charge interest on any balance outstanding at the rate of four per cent (4%) above the base rate for the time being of National Westminster Bank PLC compounded quarterly.
5.9. Membership Fees
5.9.1. Monthly Membership Fees
220.127.116.11. The ongoing Monthly Membership Fee of £20 including VAT will be charged to the Client’s GoCardless Direct Debit mandate in advance once a month, starting from the first day of membership.
18.104.22.168. Monthly Membership Fees shall be payable for a minimum of two months at the start of a new membership period and then on a rolling monthly basis. This will be an ongoing membership, agreed between the Client and RMCCL, until such a date as the Client gives notice to cancel the membership.
22.214.171.124. The Monthly Membership Fee may be cancelled by giving one month’s written notice to RMCCL (whether by email or post) explicitly stating that the Client would like to cancel their GoCardless Monthly Membership (“Cancellation Notice“).
126.96.36.199.The Cancellation Notice is deemed received only when RMCCL acknowledges receipt of the Cancellation Notice.
188.8.131.52. RMCCL may acknowledge receipt of the Cancellation Notice by email or post.
184.108.40.206. Until such time as RMCCL acknowledges receipt of the Cancellation Notice and confirms the date at which the one-month cancellation notice period ends, the Client will continue to pay the Monthly Membership Fee. It is the prerogative of the Client to cancel their Monthly Membership Fee if they no longer wish to use RMCCL’s services.
5.9.2. Annual Membership Fees
220.127.116.11. The ongoing Annual Membership Fee of £200 including VAT will be charged to the Client’s nominated bank account in advance once every twelve months starting from the first day of membership. This will be an ongoing membership, agreed between the Client and RMCCL, until such a date as the Client gives notice to cancel the membership.
18.104.22.168. The Membership Fee may be cancelled by giving one month’s written notice to RMCCL (whether by email or post) explicitly stating that the Client would like to cancel their GoCardless Monthly Membership (“Cancellation Notice“).
22.214.171.124. The Cancellation Notice is deemed received only when RMCCL acknowledges receipt of the Cancellation Notice.
126.96.36.199. If the Cancellation Notice is received eleven months or more since the last membership payment, one more membership payment will be taken before all payments are cancelled.
188.8.131.52. If the Cancellation Notice is received within eleven months of the last membership payment, no more membership payments will be taken.
184.108.40.206. RMCCL may acknowledge receipt of the Cancellation Notice by email or post.
220.127.116.11. Until such time as RMCCL acknowledges receipt of the Cancellation Notice and confirms the date at which the one-month cancellation notice period ends, the Client will continue to pay the Membership Fee. It is the prerogative of the Client to cancel their Annual Membership Fee if they no longer wish to use RMCCL’s services.
6. Additional Fees
6.1 The Client acknowledges and undertakes that it will arrange Sessions solely through RMCCL and pay all related fees. The Client undertakes not to arrange childcare services directly with a Role Model introduced to the Client through RMCCL.
6.2 Should RMCCL have grounds to believe that the Client and the Role Model have arranged for the provision of child care services to the exclusion of RMCCL and/or failed to pay the relevant fees, RMCCL reserves the right to:
- Charge the Client for an amount equivalent to the requisite fees calculated in accordance with Clause 5 for the time period over which such childcare services were provided;
- Terminate these Conditions; and/or
- Remove the Role Model from its database.
6.3 If the Client or a member of the Client’s family or any acquaintance or associate of the Client, passes on an introduction to any other person or persons within twelve (12) months of the Role Model introduction to the Client by RMCCL, resulting in the engagement of the Role Model for childcare or other services, the Client shall be liable for payment of the relevant fees in accordance with Clause 5.
7.1 Occasionally, RMCCL may take photographs of children or film them during Sessions. RMCCL may use these images and clips in RMCCL’s marketing materials or in other printed publications that RMCCL produces, as well as on RMCCL’s website. To comply with the Data Protection Act 1988 which was subsequently amended by the Data Protection Act 2018, RMCCL needs the Client’s permission before RMCCL can photograph their child. By accepting these Conditions the Client shall consent to such images being used.
7.2 With respect to Clause 8.1, the following shall apply:
- RMCCL will not use the personal details or full names (which means first name and surname) of any child or adult in a photographic image on video, on RMCCL’s website or in any of RMCCL’s other printed publications.
- RMCCL will not include personal e-mail or postal addresses, or telephone or fax numbers on RMCCL’s website, marketing materials or in other printed publications.
- If RMCCL uses photographs of individual children, RMCCL will not use the name of that child in the accompanying text or photo caption.
- RMCCL will only use images of children who are suitably dressed, to reduce the risk of such images being used inappropriately.
7.3 Acceptance of these Conditions constitutes the Client’s consent to receiving RMCCL monthly e-newsletter and any important updates regarding RMCCL via email, phone and SMS. The Client can unsubscribe from these channels at any time by emailing [email protected] or clicking unsubscribe on the e-newsletter.
7.4 With respect to Clause 8.3, RMCCL will not share the Client’s personal details with any third party.
7.5 The Client may at any time write to RMCCL and update the information stored by RMCCL. The Client may at any time also withdraw its consent to have photographs of the children being taken by notifying RMCCL in writing.
8.1 The Client shall notify RMCCL as soon as reasonably practicable after becoming aware of any matter (a “Relevant Matter”) in respect of which RMCCL may incur any liability to the Client in negligence, for breach of these Conditions or otherwise. Subject as otherwise provided herein, if the Client fails to make such notification within two (2) weeks of becoming aware of a Relevant Matter, the Client will not be entitled to make any claim against RMCCL in relation thereto (and RMCCL shall not incur any liability to the Client in relation to such Relevant Matter). In the event that a Relevant Matter is properly notified as above, and subject as otherwise provided herein, RMCCL’s liability to the Client in respect of any breach of these Conditions or for negligence or otherwise shall not exceed the amount of the fees payable by the Client to RMCCL.
8.2 Notwithstanding any other provision of these Conditions, nothing herein will restrict or limit RMCCL’s liability for:
- Death or personal injury caused by the negligence of RMCCL;
- Fraud or fraudulent misrepresentation; or
- Any other matter for which it would be illegal or unlawful for RMCCL to exclude or attempt to exclude RMCCL’s liability.
8.3 The Client shall indemnify and keep RMCCL indemnified from and against any losses (direct and consequential), claims, costs, expenses (including legal expenses), liabilities, charges or damages of any nature whatsoever and whether or not reasonably foreseeable or avoidable made against or incurred by RMCCL in connection with:
- Wilful default or negligence of the Client;
- the breach of these Conditions by the Client; or
- the provision of the Services by the Role Model or RMCCL, provided that the loss, clam, cost, expense or liability suffered was due to the action or inaction of the Client.
8.4 RMCCL hereby excludes and accepts no liability for any losses (direct and consequential), costs, damages, expenses (including legal expenses) or compensation suffered or incurred of any nature by the Client, its property or its family, arising directly or indirectly from:
- any Role Model or RMCCL;
- the provision of the Services; or
- these Conditions.
9.1 These Conditions shall continue until terminated by either the Client or RMCCL as detailed below.
9.2 The Client may terminate these Conditions if RMCCL fails to comply with any aspect of these Conditions and this failure continues for a period of six (6) weeks after notification of non-compliance is given.
9.3 RMCCL may terminate these Conditions if the Client fails to make any payment due within three (3) weeks of the sum being requested (any such termination shall be without prejudice to RMCCL’s claim for payments owed).
9.4 Either party may terminate these Conditions by notice in writing to the other if:
- The other party commits a material breach of these Conditions and, in the case of a breach capable of being remedied, fails to remedy it within six (6) weeks of being given written notice from the other party to do so; or
- The other party commits a material breach of these Conditions which cannot be remedied under any circumstances.
9.5 In the event of termination the Client must immediately reimburse RMCCL for any expenses incurred, as notified to the Client by RMCCL, up to the date of termination and shall not be entitled to any refund of any fees already paid and any fees due at the date of termination and interest thereon and all other sums due to RMCCL will immediately become payable in full.
9.6 Any rights to terminate these Conditions shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of these Conditions as at the date of termination.
10.1 All information provided by either party to the other, including but not limited to any personal details relating to the Role Model or the Client, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other or of the Role Model, as the case may be.
10.2 RMCCL shall process all personal data relating to the Client and the Client’s child and other individuals in accordance with the Data Protection Act 1998 and Data Protection Act 2018 (“Data Protection Laws”).
10.3 The Client hereby consents to the processing of any personal data (including Sensitive Data as defined in the Data Protection Laws) relating to the Client’s child for the purposes required for the provision of the Services and the performance of a Session. In particular, but without limitation, the Client consents to the processing (including gathering, storing and use) by RMCCL of medical details relating to the Child for the purposes of protecting the health and safety of the child at any Session.
10.4 RMCCL will take appropriate measures to prevent the unauthorised use or processing, or the loss or destruction of, any personal data that the Client provides. RMCCL may use personal data which the Client provides or which RMCCL holds about the Client or Client’s child or children for the purposes of provision of a Session and to keep the Client informed about other services and products provided by us and selected third parties (but RMCCL will not disclose personal data about the Client or Client’s child to any third party except as necessary for the provision of the Session or to comply with overriding statutory obligations).
11.1 Neither party may assign transfer or in any way make over any of its rights or obligations to any third party without the written consent of the other party.
11.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing either by letter or email addressed to the other party at its registered office or principal place of business or such address as any at the relevant time has been previously notified to the party giving the notice.
11.3 No failure or delay by either party in exercising any of its rights under these Conditions shall be deemed to be a waiver of that right and no waiver by either party of any breach of these Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
11.5 It is not intended that any of the terms of these Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to these Conditions, except by the Role Model in relation to Clauses 4.10, 4.11, 4.13, 5.5 and 8 in respect of payment of transport, food and accommodation costs.
11.6 These Conditions and any non-contractual obligations arising in connection with it are governed by and construed in accordance with English law.
11.7 The English courts have exclusive jurisdiction to determine any dispute arising in connection with these Conditions including disputes relating to any non-contractual