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Document Description
This Service Agreement - Day Care is a legally binding document that outlines the terms and conditions between the servicer and the customer for the provision of supervised daytime care services for children. The agreement highlights the importance of clearly identifying both parties and their principal places of business. It also emphasizes the need to specify the agreed price and completion date of the services to avoid any misunderstandings or disputes.
The document begins with an interpretation section that defines key terms and provides general provisions. It clarifies that references to persons include individuals, bodies corporate, unincorporated associations, and partnerships. The headings are inserted for convenience and do not affect the construction of the agreement. It also states that any reference to an enactment or statutory provision is a reference to it as it may have been, or may from time to time be amended, modified, consolidated, or re-enacted.
The agreement then outlines the servicer's obligations, including providing supervised daytime care services for the customer's children. It specifies that the servicer must use appropriately trained staff and make best efforts to provide the services in a professional and diligent manner. The servicer is also required to comply with all applicable laws and regulations, including those related to anti-bribery and corruption, and data protection. Any instructions or variations issued by the customer must be followed, and any services outside the scope of the agreement require a new agreement agreed upon by both parties.
The document further details the servicer's operating hours and dates, specifying that supervised daycare services are provided at the servicer's place of business from Monday to Friday, 7:00 am-7:00 pm. The customers are allowed to leave their children at the servicer's place of business anytime during these operating hours for supervised daycare services.
The agreement also outlines the servicer's daycare service obligations, including placing the children into teaching groups, ensuring their constant monitoring by staff, and planning and involving them in educational or social skill-building activities. The servicer is responsible for preparing meals for the children, including breakfast, lunch, and afternoon snacks, and providing them with access to drinking water.
The document covers various aspects such as activities, medical information of children, discipline, meetings, service fees, warranties and indemnities, background checks, release of children, emergency contacts, term and termination, ownership of materials, confidential information, announcements/publicity, amendment, assignment, severability, further assurance, warranty of capacity and power, force majeure, no rights under contracts for third parties, notices and service, and counterparts.
Overall, this Service Agreement - Day Care is a comprehensive document that ensures both parties are aware of their rights, obligations, and responsibilities regarding the provision of supervised daytime care services for children.
How to use this document?
1. Provide information: Enter the servicer's and customer's information in the agreement, including their principal place of business. This ensures that both parties are clearly identified.
2. Specify price and completion date: Clearly specify the agreed price and completion date of the services to be carried out by the servicer. This will ensure that both parties are aware of the expectations and deadlines.
3. Describe services: Clearly describe the type(s) of services to be provided by the servicer, including placing the children into teaching groups, monitoring them, and planning educational or social skill-building activities. This ensures that both parties are aware of the scope of work and can avoid any misunderstandings.
4. Agree on operating hours and dates: Specify the operating hours and dates during which the servicer will provide supervised daycare services. This helps the customer understand when they can leave their children at the servicer's place of business.
5. Outline daycare service obligations: Clearly outline the servicer's obligations, such as placing the children into teaching groups, monitoring them, and providing meals. This ensures that both parties are aware of the servicer's responsibilities.
6. Discuss activities: Inform the customers that the children are allowed to participate in supervised activities organized by the servicer. Also, mention that the servicer will inform the customers of any special equipment or attire required for certain activities.
7. Provide medical information: Agree on how the servicer will administer medication to the children as instructed by the customers. Discuss any allergies or medical conditions that need to be considered.
8. Establish discipline policy: State that the servicer will use positive discipline rather than corporal punishment when disciplining the children. This ensures that both parties are aware of the approach to discipline.
9. Schedule meetings: Allow either party to request a meeting to discuss anything related to the services. Specify that the meeting can be in the presence or outside the presence of the children, as agreed between the parties.
10. Discuss service fees: Outline the payment terms, including when the servicer will invoice the customer and when payment is due. Also, mention any additional expenses that may be incurred and how they will be handled.
11. Address warranties and indemnities: Clarify the servicer's obligations regarding delays, problems, complaints, and liability for personal injury or death. Discuss the need for appropriate insurance coverage.
12. Conduct background checks: Affirm that the servicer has carried out comprehensive background checks on all staff members and declare that no staff member has a criminal history or is listed on any sex-offender registry.
13. Establish release of children: Request the customers to inform the servicer of all approved persons who can pick up the children and any persons who are not allowed to do so.
14. Provide emergency contacts: Ask the customers to provide emergency contacts for the children in case of an emergency. Specify the procedure for contacting the customers or emergency contacts.
15. Discuss term and termination: Specify the duration of the agreement or whether it continues indefinitely until an agreed-upon completion date. Outline the conditions for termination and any refund policies.
16. Address ownership of materials: State that all intellectual property and related materials produced or developed under the agreement become the property of the customer. Discuss any restrictions on the servicer's use of the customer's intellectual property.
17. Maintain confidentiality: Require the servicer to keep the terms of the agreement and any confidential information confidential. Specify exceptions to this requirement.
18. Address announcements/publicity: State that no announcement or disclosure regarding the agreement shall be made without the prior written approval of all parties, except as required by law or regulatory bodies.
19. Allow for amendment: Specify that any variation of the agreement must be in writing and signed by or on behalf of all parties.
20. Discuss assignment: State that the servicer cannot assign the agreement or subcontract the performance without the customer's prior written consent.
21. Address severability: Clarify that if any provision of the agreement is held to be illegal, void, or unenforceable, it shall be deemed not included, but the remaining provisions shall remain in full force and effect.
22. Ensure further assurance: Require each party to perform all acts and execute all documents necessary to implement and give effect to the agreement.
23. Discuss warranty of capacity and power: Represent and warrant that each party has the authority, power, and capacity to enter into and carry out its obligations under the agreement.
24. Address force majeure: State that none of the parties shall be liable for any failure or delay in performing their obligations under the agreement due to causes outside their reasonable control.
25. Clarify no rights for third parties: Specify that a person who is not a party to the agreement shall have no right to enforce any of its terms under any law.
26. Establish notices and service: Specify the methods of serving notices and the addresses of the parties for the purpose of the agreement.
27. Allow for counterparts: State that the agreement may be executed in any number of counterparts, each of which is an original but together constitute one instrument.
This guidance provides a step-by-step approach to using the Service Agreement - Day Care, ensuring that all necessary information is provided and understood by both parties. It focuses on real practice and implication rather than just completing the document.
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