In most schools, on the first day of school, parents are forced to abandon their children at the school gate and leave. We strongly oppose this and here's why.
TERMS OF SERVICE
WITH EFFECT FROM 1ST APRIL 2022
TrustTheChild Montessori Community
TTC Learning Services LLP
Registered Office: Villa D, Sai Anugraha,
#27/1, Rukmani Street Extn., Besant Nagar, Chennai – 600090.
What these terms and conditions cover. These are the terms and conditions on which we provide educational services.
Why you should read them. Please read these terms carefully before you accept our offer of a place at the School for your child. These terms tell you who we are and how and on what basis the School will provide educational services.
In these terms, you will see some parts written in bold or otherwise highlighted to stand out. This is to draw certain provisions to your specific attention because they are important to the good management and operation of the School and our provision of educational services.
If you think there is a mistake in these terms, or if anything in these terms is unclear or you would like to have further explained to you, then please contact us to discuss.
In our Contract with you, some words and phrases have particular meanings, and it is helpful to ensure certainty and consistency to have them defined. Such defined terms are set out below and when used in these terms and conditions they shall have the meaning given to them here.
“Administration Fee” has the meaning given to it in the Acceptance Form;
“child” means the child named in the Enrollment form
“Contract” has the meaning given in Clause 1(b) below;
“enters the School” means the date on which a child is scheduled to commence as a pupil at the School;
“fees” means the annual fees set out in the Schedule of Fees, such amounts being exclusive of any applicable taxes payable from time to time;
“Enrollment Form” means the form completed by you to register your child as a prospective pupil at the School;
“School”, we” or “us” means TrustTheChild Montessori School, part of TTC Learning Services LLP now or in the future constituted.
“terms of service” means these terms of service; and
“you” or the “parents” means each person who has submitted the Enrollment Form as a person with parental responsibility for the child, or a person who has accepted responsibility for a child’s attendance at the School.
In our Contract with you, we sometimes provide illustrative examples to try and provide you with a better understanding of what we are referring to. We do this by using the words “for example”, “includes” or “including”. When we do use these words, it means that the examples that are given are not exclusive or limiting examples of the matter in question.
We also use headings to introduce separate provisions. These headings are for ease of understanding only.
A reference to these terms of service, our Contract, any agreement, contract, document, form or notice is a reference to these terms of service, our Contract, that agreement, contract, document, form or notice as may be amended from time to time.
The Enrollment Form, these terms of service and any conditions of any award, bursary or scholarship (as in each case may be varied from time to time) form the terms of an agreement (the “Contract”) between you and the School.
For the avoidance of doubt, (i) none of the School’s website nor the Code of Conduct and policies form part of the Contract; and (ii) this Contract applies only to parents and their children who are pupils or who are registered to be pupils of the School.
It is not intended that the terms of the Contract shall be enforceable by your child or by any other third party.
An offer of a place for your child at the School is accepted by your submitting the completed Enrollment Form and paying the Administration Fee. At this point, the Contract becomes legally binding between the School and the Parents.
The Administration Fee, any deposits or Infrastructure Fee collected when enrolling your child is not refundable under any circumstances.
The fees include all the costs incurred in the usual course of the education by the School of your child, including the provision of any necessary educational materials, unless otherwise notified to you by the School at any time (either in the Schedule of Fees or otherwise).
We refer to any items charged to you in addition to the fees as supplemental charges. By way of example, all public examination fees and certain supplemental tuition such as individual music lessons and some additional learning support are supplemental to items met by the fees and constitute supplemental charges. The cost of trips, visits and certain co-curricular activities also constitute supplemental charges. Your consent will be obtained in advance in all such cases. The School may also charge you for any damage intentionally caused by your child (whether alone or with others) to School property or the property of any other person (fair wear and tear excepted).
All of the fees and supplemental charges are exclusive of any taxes which will be added (where applicable).
PLEASE READ THIS NEXT SECTION CAREFULLY – it deals with your responsibility to pay the fees and supplemental charges.
Each of you who has signed the Enrollment Form is liable for and must ensure that all of the fees and supplemental charges due are paid to the School. This is because our Contract applies to you together with each other person who has signed the Enrollment Form and each of you on your own. Each of you remains liable to the School for all of the fees and supplemental charges due UNLESS AND UNTIL the School has expressly agreed in writing with each of you to look exclusively to any other person for payment of the fees and/or any supplemental charges. Each person who signs the Enrollment Form has an individual responsibility to ensure that, between them, the fees and supplemental charges owing to the School are paid. In practice, this means that if fees or supplemental charges have not been paid to the School then in order to recover the outstanding payments, the School can seek payment of the full amount outstanding from either parent.
An agreement with a third party (for example, an employer, stepparent without parental responsibility or grandparent) to pay the fees or any supplemental charges does not affect your liability under the Contract (including in respect of the payment of fees or any supplemental charges in the case of default by such third party). The School reserves the right to refuse to accept payment from a third party.
Each year’s fees are charged separately and the fees payable in respect of each year fall due for payment by you on the first day of that year. Each year’s fees will be included in an invoice sent to you (or such other person(s) the School may have agreed separately shall pay the fees under Clause 3(e) above). The fees must be paid in full together with any applicable taxes by direct bank transfer on or before the first day of the year to which the invoice relates. The School may agree that the fees that are or will fall due in relation to any term can be paid in instalments. If we agree to do this, then the School and those responsible for paying those fees will agree separately in writing the anticipated schedule of instalments by which the deferred amount of each term’s invoice is to be paid.
The agreed amount for each year will need to be paid by direct bank transfer in not more than 2 instalments within a period that does not exceed 1 year (beginning with the date of the relevant invoice). The School will issue a separate invoice and schedule of instalments relating to the fees due in respect of each year, which will be evidence of the separate agreement for the payment of that year’s fees. We may not allow your child to attend the School if you do not pay on time.
All supplemental charges for each term (and for other unpaid supplemental charges that were agreed during the previous term) will be included in the fees invoice. We may also request supplemental charges in case of trips, visits and certain co-curricular activities. All such supplemental charges must be paid in full together with any applicable taxes by direct bank transfer on or before the first day of the year to which the invoice relates or as and when required by the School. If an item on an invoice has been queried, the balance of the invoice must be paid in accordance with the Contract.
PLEASE READ THIS NEXT SECTION CAREFULLY – it sets out what rights we have, and what action we may take, if fees and/or supplemental charges are not paid in accordance with the Contract.
Whilst any fees are outstanding or if there is a persistent failure by you to pay the fees on time, we may refuse to allow your child to attend the School, withhold any references or property.
Whilst any supplemental charges are outstanding, we may refuse to allow your child to benefit from the service to which the supplemental charge relates (for example, to sit a public examination or to participate in a co-curricular activity). If supplemental charges in respect of a charged for activity remain unpaid 28 days after the due date of payment, such non-payment will be deemed to be a withdrawal of the child from that activity and a term’s fees in lieu of notice for that activity will be payable in accordance with the Contract.
If you do not make any payment to the School by the due date for payment, we may charge interest to you on the overdue amount at the rate of 1.5 percent per month. Unless we tell you otherwise in writing, this interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after we obtain a court judgment against you. You must pay the School the interest together with the overdue amount.
You will be responsible for paying the costs, fees, disbursements and charges we incur in recovering, or attempting to recover, any unpaid fees or supplemental charges from you (including reasonable legal fees and costs reasonably incurred by the School in the recovery of any unpaid fees or supplemental charges regardless of the value of the School’s claim).
If you pay any sum that is less than the sum due and owing, the School may accept it on account only. We may charge interest and late payment charges in accordance with paragraphs (iii) and (iv) above in respect of the outstanding balance.
The School shall allocate payments made to the earliest balance on the child’s account. You agree that a payment made in respect of one child may be appropriated by the School to the unpaid account of any other child of the Parents.
PLEASE READ THIS NEXT SECTION CAREFULLY – it sets our right to increase the fees during the course of your child’s time at the School.
We will review our fees during the course of your child’s education and may increase them. Not later than the final day of the previous academic year, we will notify you of the increased fees which will take effect from the start of the immediately following academic year (the “annual fee increase”) giving you the time to consider the increase and, if you wish to withdraw your child from the School before the proposed increase is set to take effect.
Unless there is a legal liability (including liability under a court order or under the provisions of the Contract), fees and any agreed supplemental charges will not be refunded, reduced or waived as a result of absence due to illness or otherwise, or a term is shortened, or a holiday extended, or otherwise before the normal end of term, or your child is required to study from home as a result of us providing educational services remotely or the School is temporarily closed due to adverse weather conditions, or for any other reason.
From time to time we may ask you to provide us with information that we consider to be satisfactory so that we can verify:
(i) your identity;
(ii) your child’s identity; and
(iv) the source of funds you are using to pay the fees.
You must provide the School with the information and documentation that we ask for.
The School reserves the right to carry out due diligence checks on Parents and you consent to us carrying out such checks. Due diligence checks which may be carried out by the School include enquiring of previous schools attended by your child or any other child of one or both of you whether you adhered to the terms of any contract in place with that school, the circumstances relating to your child’s departure.
If you wish to withdraw your child from the School, you must give us a month’s notice to that effect.
It is not possible for you to reduce the amount of fees or supplemental charges due, or to obtain a refund of fees or supplemental charges, by withdrawing your child or by your child’s ceasing to participate in an activity part-way through a year.
It is a condition of remaining at the School that you and your child comply with the Code of Conduct. In addition, you must ensure that your child attends the School punctually and that your child conforms to any rules or policies about behaviour we may issue (if not already included within the Code of Conduct).
The School will do all that is reasonable to ensure that your child remains on-site during School hours, but we cannot accept responsibility for any child of any age if he/she leaves School premises in breach of the Code of Conduct.
While your child remains a pupil of the School, we will exercise reasonable skill and care in respect of his or her education and welfare. This obligation will apply during school hours and at other times when your child is permitted to be on School premises or is participating in activities organised by the School.
We cannot accept any responsibility for the welfare of your child while off the School premises unless he or she is taking part in a school activity or otherwise under the direct supervision of a member of School staff.
Our website and prospectus describe the broad principles on which the School is presently run. However, from time to time it may be necessary to make changes to any aspects of the School, including the curriculum, the manner of providing education for your child (including by providing such education remotely (whilst your child remains at home, for example, where the School is required to close the School premises) or our policies.
Where practicable, we will give you notice of any planned substantial changes that we regard as affecting a significant part of the School’s core offering prior to the end of the penultimate term before the change is to take effect. If we do not do this and you wish to withdraw your child from the School on or before the end of the term in which such change has taken effect, whilst you must still give notice of your child’s withdrawal from School, you will not be liable to pay a year’s fees in lieu of notice.
Unless you notify us to the contrary, you consent to your child participating, under supervision, in contact sports and in other normal sports and activities which may entail some risk of physical injury.
You give your consent to your child travelling by any form of public transport and/or in a motor vehicle driven by an adult who is duly licensed and insured to drive a vehicle of that type.
If your child requires urgent medical attention while under the School’s care, we will if practicable try to obtain your prior consent or that of the responsible adult appointed by you. However, if it is not practicable to contact you or if there is no timely response from you we will make the decision on your behalf if, for example, consent is required for urgent treatment recommended by a doctor or other medical practitioner.
We will monitor your child’s progress at the School and report regularly to you by means of full written reports and parents’ meetings.
We will advise you if we have any concern about your child’s progress, but we do not undertake to diagnose dyslexia or other conditions. A formal assessment can be arranged either by you or by the School at your expense.
In order to fulfil our obligations under the Contract and to maintain a constructive relationship with you, we need your cooperation, including in particular by you fulfilling your own obligations under the Contract.
You must co-operate with the School and the School’s staff in good faith, including by:
(i) maintaining a constructive relationship with the School’s staff (including where the School is exercising its rights and performing its obligations under the Contract and including in the tone, content, volume and/or nature of your communications with the School);
(ii) encouraging your child in his or her development, and giving appropriate support at home;
(iii) keeping the School up-to-date and informed of matters which affect or may affect your child including circumstances which arise at any time that affect or may affect:
(aa) your ability to pay the fees and supplemental charges for your child;
(bb) your child’s welfare or happiness;
(cc) your child’s safety;
(iv) ensuring that all details or other information notified or otherwise disclosed to the School about you and/or your child are accurate, truthful and not misleading and that relevant details and information (or changes to them) are not withheld;
(v) providing cooperation and assistance to the School so that your child can participate in, and benefit from, the School’s provision of education (including where the School may wish/ need to provide such education remotely); and
(vi) attending meetings and keeping in touch with the School where your child’s interests so require.
If the School so requires due to a health risk either presented by your child to others or presented to your child by others or presented by your child to him or herself, or by reason of a virus, pandemic, epidemic or other health risks, or where the school determines in his or her discretion that it is not in your child’s best interests to remain at School, you may be required to keep your child at home and not permit him/her to return to the School until such time as those circumstances have passed. Where it is considered appropriate, we will try to continue providing education to your child remotely during such period (including, for example, by sending you/your child work assignments electronically or by post).
You (and each of you as the holders of parental responsibility for your child) acknowledge and agree that, prior to and during your child’s time at the School, the School is entitled to assume that you have consulted with each other so far as decisions regarding your child are concerned. Accordingly, you (and each of you) accept that the School is entitled to treat:
(i) any instruction, authority, request or prohibition received from one of you as having been
(ii) given on behalf of both of you; and
(iii) any communication from the School to one of you as having been given to both of you.
The School must be informed as soon as possible in writing of any reason for your child’s absence from School. Wherever possible the School’s prior consent should be sought for absence from the School.
We may supply information and a reference in respect of your child to any educational institution which you propose your child may attend or, where applicable to any prospective employer. Any reference supplied by us (or received by us) will be confidential. We will take care to ensure that all information that is supplied by us relating to your child is accurate and any opinion given on his/her ability, aptitude for certain courses and character is fair. However, we cannot be responsible for any loss you or your child is alleged to have suffered resulting from opinions reasonably given, or correct statements of fact contained, in any reference or report given by us.
This will include name, contact details, school records, photographs and audiovisual recordings, both whilst your child is at the School and after he or she has left, for the purposes of:
(i) managing relationships between the School and current pupils/parents and fulfilling our obligations to you, including educational and examination purposes, safeguarding, statutory reporting, health and safety, complaints, administration, and processing of fees; and;
(ii) promoting the School to prospective pupils/parents;
(iii) publicising the School’s activities; and
(iv) communicating with the community and the body of former pupils.
In respect to paragraphs (ii), (iii) and (iv), this includes use of such information by the School in/on the School’s prospectus (in whatever format or medium it is produced/made available), the School’s website(s) and (where appropriate) the School’s social media channels.
The School reserves all rights and interest in, to and under any copyright, design right, registered design, patent or trademark (intellectual property) arising as a result of the actions or work of your child in conjunction with other pupil(s) and/or any member of staff of the School or under the direction of any member of staff of the School for a purpose associated with the School. The School will acknowledge and allow to be acknowledged the child’s role in the creation of such intellectual property. The School shall recognise any other intellectual property rights otherwise created, generated or owned by or vested in your child.
Other than as set out in paragraph (a) above, work will be returned to your child when it is no longer required for purposes of assessment or display. You consent for yourselves and, so far as you are entitled to do so, on behalf of your child, to our retaining such work on School premises until, in our professional judgment, it is appropriate to release the work to your child. We will take reasonable care to preserve your child’s work undamaged but cannot accept liability for loss or damage caused to this or any other property of your child by factors outside the direct control of the staff.
In addition to where our Contract is terminated automatically as a result of an expulsion or required removal, the School may end the Contract at any time by notice in writing to you if:
(i) you do not make a payment to us when it is due, and you still do not make payment within twenty-eight days of us reminding you that such a payment is due;
(ii) you (or either of you) make a misrepresentation of facts or circumstances to us, or you (or either of you) withhold important information from us, about you and/or your child or that is relevant to the provision of education by the School to your child;
(iii) you fail or refuse to complete and submit to the School a medical questionnaire in respect of your child and/or you fail or refuse to complete and submit a parental absence form;
(iv) you fail or refuse to provide us with information we consider to be satisfactory as to your identity, your child’s identity, or the source of funds you are using to pay the fees, as required under Clause 3(p);
(v) you (or either of you):
A. are unable, following our request, to demonstrate that you will be able to pay the fees and supplemental charges due under this contract;
B. are otherwise unable to pay your debts as they fall due;
C. are the subject of a bankruptcy petition or order;
D. enter into an individual voluntary arrangement;
E. is a target of sanctions that have been imposed by any government; or
F. is under investigations for any possible breach of any anti-corruption laws, any anti-money laundering laws or any economic sanctions laws; or
(vi) you otherwise do not comply with (i.e. you breach) your obligations under the Contract such that we have a legal right to end the Contract because of something you have done wrong or the Headteacher determines that the School is not able to provide or is compromised in providing the educational services it needs to in satisfaction of its obligations under the Contract.
Without prejudice to any other rights the School may have under this Contract, if the School terminates the contract in accordance with this paragraph (a) and such termination takes place with immediate effect, you will be obliged to pay fees in lieu of notice in respect of your child. The School is not obliged to return any deposit or fees paid.
You may end the Contract at any time by notice in writing to the School if:
(i) you have a legal right to end the Contract because of something we have done wrong; or
(ii) the School becomes insolvent or goes into liquidation or receivership or administrative receivership or is wound-up for any reason.
Ending the Contract will not affect any accrued rights. Once the Contract ends, it will not affect any legal rights or obligations that either you or we have that may already have arisen. After the Contract ends, you and the School will keep any rights each has under, or as a matter of, general law.
We mean any event beyond either your or our reasonable control including, for example, acts of God, war, riot, civil commotion, strikes, industrial disputes, compliance with any law or governmental order, rule, regulation, guidance or direction (including that of a local authority), accident, fire, flood, storm, pandemic or epidemic of any disease, terrorist attack, chemical or biological contamination, failure of utility service or transportation. In the remainder of this Clause 12 we shall refer to such events outside of our/your control as an “event”.
If an event arises which prevents or delays the School’s performance of any of its obligations under the Contract, the School shall give you notice in writing specifying the nature and extent of the circumstances giving rise to the event. Provided that the School has acted reasonably and prudently to prevent and/or minimise the effect of the event, the School will not be responsible for not performing those of our obligations which are prevented or delayed by, and during the continuance of, the event. To the extent reasonably practicable in the circumstances the School shall try during the continuance of the event to continue to provide educational services (including by providing appropriate educational services remotely).
If the School is wholly and completely prevented from performing all of its obligations as a result of an event (and is unable to provide educational services remotely) for a continuous period of more than six (6) months, the School shall notify you of the steps it plans to take to ensure performance of the Contract after such period and you shall then, following receipt of such notice, be entitled to end the Contract on written notice to the School and without giving a term’s notice or paying fees in lieu of notice.
Subject to Clause 3(f), if your child is wholly and completely unable to participate in the provision of any education at the School or remotely due to reasons caused by an event you shall give the School notice in writing of such circumstances and the following provisions shall apply:
(i) in consultation and cooperation with the School you shall do everything you reasonably can to minimise the impact of the event in order to continue to perform your obligations under the Contract in any way that is reasonably practicable in the circumstances; and resume the performance of the obligations as soon as reasonably possible;
(ii) in circumstances where, following the efforts made and steps taken under (i) above, your child is not able to participate and benefit from any level of provision of education by the School (whether at the or remotely) then you shall not be responsible for failing to perform your obligations (including the obligation to pay fees, pro-rated accordingly) during the continuance of the event; and
(iii) if the event continues to prevent your child from wholly and completely attending the or being able to participate and benefit from any level of provision of education by the School (whether at the or remotely) for a continuous period of more than six (6) months you shall discuss with the School a solution by which the Contract may be performed and, following such discussions, you or the School shall be entitled to cancel the Contract on written notice and without you being required to give a term’s notice or to pay a term’s fees in lieu of notice.
We reserve the right to change or add to the Contract from time to time for legal, safety or other substantive reasons or in order to assist the proper delivery of education at the School. The School will send you notice of any such amendments prior to the end of the penultimate term before the modifications are to take effect.
If any provision or part provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted but that shall not affect the validity and enforceability of the rest of this Contract.
Time is of the essence for all times, dates and periods specified in this Contract or substituted for them.