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Blossom Childcare Vouchers - Terms and Conditions

Blossom Childcare Vouchers are issued to Employers and then redeemed by Employees against the cost of childcare or nursery services provided by Childcarers.  The Terms and Conditions concerning the operation of the scheme, each parties’ rights and obligations and the general terms and conditions which apply to the vouchers (none of which affect the Employee’s statutory rights) are as follows: 

1. Interpretation 

In these Terms and Conditions the following words and phrases shall unless the context otherwise requires have the following meanings: 

(1) “Blossom Childcare” means the business run as partners by Duncan Charles Carr and Glenda Carr of 7 Castle Close, Cawood, North Yorkshire, YO8 3SY; 

(2) “Blossom Childcare vouchers” means the transferable undertaking given by Blossom Childcare (at an agreed monetary value) to pay a Childcarer an amount equivalent to the value of the Blossom Childcare vouchers in return for the provision of childcare services by it to an Employee; the undertaking is given in return for a promise of payment of the agreed monetary value by the Employer together with the agreed commission; 

(3) “Childcarer” means the person or organisation approved by Blossom Childcare which is employed or engaged by the Employee to care for the child(ren) of the Employee and which is legally entitled to care for the child(ren); 

(4) “Employee” means any person wishing to redeem Blossom Childcare vouchers against a Childcarer’s childcare or nursery service costs; 

(5) “Employer” means any person who, or organisation which, purchases Blossom Childcare vouchers and distributes these to Employees; 

(6) “Intellectual Property Rights” means any patent, trade or service mark, copyright, design right, registered design, know how or any other intellectual property right or similar right of whatever nature subsisting in any part of the world; 

(7) “Salary Sacrifice” means the arrangement whereby an Employee agrees to vary his/her contract of employment by agreeing to sacrifice part of his/her salary due under his/her contract of employment in return for Blossom Childcare vouchers equivalent in value to the part of the Employee’s salary which is sacrificed. 
 

2. Operation of the Blossom Childcare Voucher Scheme 

(A) Blossom Childcare shall: 

(1) on the guarantee of payment by the Employer (which the Employer hereby gives), issue Blossom Childcare vouchers at the amount advised to the Employee from time to time; 

(2) invoice the Employer each month for the Blossom Childcare voucher value together with the service charge as agreed; 

(3) in consideration of the provision of childcare services to the Employee, pay to the Childcarer an amount equal to the value of Blossom Childcare vouchers notified to it by the Employee within 5 working days of receipt of the relevant cleared funds from the Employer or as soon as is reasonably practicable thereafter; 

(4) inform the Employer each month of the amounts (and any changes) in the value of Blossom Childcare vouchers requested by the Employee and to be paid for by the Employer; 

(5) provide the Employer with monthly statements relating to the Employer’s Blossom Childcare account and provide reconciliations on request if there is any discrepancy in the statements or payments; 

(6) provide the Employer with a report within ten working days of written request setting out details of the Employer’s account; 

(7) refund to the Employer any monies in the Employees Blossom Childcare voucher accounts when they exit the Blossom Childcare voucher scheme; 

(8) otherwise administer the Blossom Childcare voucher scheme. 

(B) The Employer shall: 

(1) ensure that at all relevant times the Employee meets the Employer’s criteria for the Blossom Childcare voucher scheme and promptly informs Blossom Childcare of any changes in the Employee’s employment status or any ineligibility for the Blossom Childcare voucher scheme; 

(2) provide such information as is reasonably requested by Blossom Childcare from time to time in relation to the operation of the Blossom Childcare voucher scheme and use its best endeavours to ensure that any information supplied is complete, true and accurate; 

(3) pay to Blossom Childcare the amount due to the Childcare provider on the same day as the payroll run each month, along with the agreed commission; 

(4) immediately inform Blossom Childcare if the value of the Blossom Childcare vouchers advised to it by Blossom Childcare is not agreed; 

(5) ensure that vouchers are paid for at the time of order by BACS or cheque [by first class post] it being noted that they are not valid until cleared payment is received by Blossom Childcare.  The voucher cost is not subject to VAT; 

(6) meet the service charge levied by Blossom Childcare at the rate set for the level of service (and these charges are subject to VAT at the applicable rate); 

(7) e-mail (or write to) Blossom Childcare to advise of any Employee who has left the Blossom Childcare voucher scheme; 

(8) comply with all tax, employment and other relevant legislation; 

(9) be liable for costs/expenses incurred from changes made to any vouchers already issued. 

(10) ensure that Blossom Childcare are not liable for any costs and expenses incurred for the misuse of the vouchers and/or incorrect use of the voucher scheme by the Employer; 

(11) inform the Inland Revenue that it is utilising the scheme and gain the appropriate approval; 

(C) The Employee shall: 

(1) agree the Salary Sacrifice with the Employer and these Terms and Conditions will then serve as an amendment to the Employee’s Contract of Employment with regard to the Employee’s salary which will be reduced by the Salary Sacrifice; 

(2) accept that it is at the Employer’s discretion to reinstate the Employee’s salary should the Employee leave the scheme; 

(3) agree with the Employer and the Childcarer the monthly value of Blossom Childcare vouchers to be purchased by the Employer on the Employee’s behalf and then inform Blossom Childcare of these details; 

(4) promptly advise Blossom Childcare of any changes in the value of Blossom Childcare vouchers to be purchased by the Employer, their contact details or their Childcarer details; 

(5) commit to the Blossom Childcare voucher scheme, including the Salary Sacrifice scheme, for a period of 12 months.  During the 12 month period the Employee will only be able to exit or make amendments to the value of the Blossom Childcare voucher scheme if he/she has a material lifestyle change (which would include maternity, paternity, relocation, redundancy or other termination of employment); 

(6) at or after the end of the 12 month period supply Blossom Childcare and the Employer with 30 days’ written notice in order to exit the scheme; 

(7) make enquiries to ensure that the Childcarer complies with all laws and regulations in relation to its activities, that the Childcarer is not prohibited by law from carrying out the activity of childcare, that the Childcarer has been approved by the police and all other relevant authorities to work with children and that the Childcarer has all necessary registrations; 

(8) use the vouchers exclusively with registered or approved carers. 

(9) pay directly to the Childcarer any payment due for the provision of childcare services to the Employee which exceeds the value of Blossom Childcare vouchers (as confirmed by Blossom Childcare) and Blossom Childcare and the Employer shall not be held liable in this respect; 

(10) ensure that at all the relevant times they meet the Employer’s criteria for the Blossom Childcare voucher scheme and supply all information reasonably required by Blossom Childcare to operate the Blossom Childcare voucher scheme; 

(11) safeguard and keep secret any PIN or other confidential data that might be allocated by Blossom Childcare to the Employee and inform Blossom Childcare immediately if it is disclosed to another person (or if this may have occurred); 

(12) be liable for costs and expenses incurred for incorrect usage of the voucher by him/her; 

(13) acknowledge by entering into the Blossom Childcare voucher scheme that it and the Salary Sacrifice could affect other benefits such as, but not limited to SSP, SMP and Working Tax Credits.  The Employee accepts and agrees that it is his/her responsibility to determine and understand the effect on his/her benefits that entry into the Blossom Childcare vouchers scheme will have.  Employees should contact the Inland Revenue helpline (0845 300 3900) to discuss Working Tax Credits. 

(14) be bound by the terms and conditions of the Blossom Childcare voucher scheme as from time to time laid down by the Employer; 

(15) be bound by the terms and conditions of the Blossom Childcare voucher scheme as from time to time laid down by the Inland Revenue and any other regulatory body.  The Employee will indemnify the Employer against all claims for income tax and/or national insurance contributions which may arise in relation to the Salary Sacrifice or otherwise in relation to involvement in the childcare voucher scheme; 

(D) The Childcarer shall: 

(1) be part of the Blossom Childcare voucher scheme and adhere to the terms and conditions of qualification and voucher redemption; 

(2) provide a valid copy of its registration or approval certificate to Blossom Childcare and only then will the Childcarer be able to redeem issued vouchers; 

(3) accept payment for its childcare services by way of Blossom Childcare vouchers but not otherwise deal with Blossom Childcare vouchers or accept them as payment for other goods or services; 

(4) accept Blossom Childcare vouchers from parents and employers; 

(5) ensure that the value of Blossom Childcare vouchers paid by Blossom Childcare is allocated in its entirety to the cost of childcare provided to the Employee (which may be less than the cost of the childcare); 

(6) keep complete records of all transactions involving Blossom Childcare vouchers; 

(7) have and maintain a UK bank account which can receive BACS payments and provide details of the bank account to Blossom Childcare on not less than 14 days notice; 

(8) provide information as reasonably requested by Blossom Childcare from time to time in relation to the alteration and administation of the Blossom Childcare voucher scheme and use its best endeavours to ensure that any information supplied is accurate and complete; 

(9) raise any administrative queries that it may have in writing or by e-mail to Blossom Childcare; 

(10) provide correct bank details to Blossom Childcare (for the purposes of BACS payments) it being noted that a payment can only be issued to the Childcarer nominated by the care user; 

(11) not accept any vouchers if its registration or approval has been suspended or removed.  In the event of Blossom Childcare not having been informed of the suspension or withdrawal the Childcarer may be liable for the voucher value and any tax penalties that are incurred; 

(12) be registered or approved by the relevant authority at all times and inform the care user and Blossom Childcare immediately if there are changes to the carer registration status; 

(13) accept that Blossom Childcare will not be liable for any expenses or costs incurred by the Childcarer for incorrect use of the e-voucher scheme. 

3. VAT 

All monetary amounts stated under this Agreement are exclusive of any Value Added Tax which (if chargeable) shall be paid at the rate and in the manner prescribed by law from time to time. 

4. Changes to the Scheme and Terms and Conditions 

(1) Administrative changes to the Blossom Childcare voucher scheme may be made by Blossom Childcare from time to time.  The parties shall bear their own costs of implementing any administrative changes. 

(2) Blossom Childcare may at its sole discretion change or modify these terms upon giving 30 days’ written notice of the same. 

(3) The Employer has the right to terminate the Agreement forthwith (on 30 days’ written notice) if the amendments are unacceptable.  In the event that the Employer terminates this Agreement the Employee will immediately cease to be part of the Blossom Childcare voucher scheme. 

5. Data Protection and Confidentiality 

Each party shall take all the necessary steps to ensure that data or information which comes into possession by virtue of and whilst a member of the Blossom Childcare voucher scheme is treated as confidential information and in particular shall comply with the Data Protection Act 1998 and, if appropriate, shall notify itself under that Act and process such data and information only in so far as is necessary to administer the Blossom Childcare voucher scheme. 

6. Liability 

(1) Save that nothing set out in these Terms and Conditions shall limit or exclude the liability of either party for death or personal injury caused by its negligence all warranties, conditions and other terms implied by statute or common law as being given by Blossom Childcare, to the fullest extent permitted by law, are excluded and Blossom Childcare’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Blossom Childcare voucher scheme shall in respect of each event or series of connected events be limited to the value of Blossom Childcare vouchers purchased by the Employer in the preceding 12 months. 

(2) Blossom Childcare and the Employer will use their reasonable endeavours to maintain the legitimate financial advantages of the Blossom Childcare voucher scheme but shall not be held liable for any loss caused by factors beyond their control, such as loss resulting from changes in legislation, actions of other Childcarers or a failure by other parties to provide accurate and timely information or a third party business. 

(3) The Employer shall not be liable to pay the agreed Blossom Childcare voucher value if the Employee is not able to make the Salary Sacrifice. 

(4) Blossom Childcare shall not be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the Contract. 

(5) The Employer shall not be liable to Blossom Childcare for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract. 

7. Termination 

(1) Any party may terminate their involvement in the Blossom Childcare voucher scheme by 7 days’ notice in writing if any other party commits a material and/or persistent breach of the terms of the scheme and/or any other party becomes bankrupt or otherwise insolvent, is unable to pay his or its debts as they fall due, calls a meeting of his or its creditors with a view to entering into or enters into any composition or arrangement with his or its creditors or, where the other is a company, if any resolution or petition to wind up the company (other than for the purposes of an amalgamation or reconstruction without insolvency approved in writing by the other) or for the appointment of an administrator shall be passed or if an administrator, an administrative receiver or a receiver of the company’s undertaking property or any assets or any part thereof shall be appointed. 

(2) Subject as may be stated to the contrary elsewhere in these Terms and Conditions, any party may in any event terminate their involvement in the Blossom Childcare voucher scheme voluntarily by giving 30 days’ notice in writing to all other parties at any time. 

(3) The Childcarer shall immediately give notice in writing to the other parties if the Childcarer’s registration with the appropriate authorities as a provider of childcare expires or is terminated or if they are convicted of any criminal offence (other than a road traffic offence) and in those circumstances any party may terminate their involvement in the Blossom Childcare voucher scheme forthwith. 
 
 

8. General 

(1) These Terms and Conditions contain all the terms and conditions that apply between the parties relating to the Blossom Childcare voucher scheme and supersedes all prior terms, conditions, agreements, arrangements and understandings between the parties relating to the scheme. 

(2) No variation of these Terms and Conditions or of any of the documents referred to in it shall be valid unless it is in writing and signed by or on behalf of the parties. 

(3) No failure or delay by a party in exercising any of the rights under these terms shall be deemed to be a waiver of that right, and no waiver by a party of any breach of these terms by the other shall be considered as a waiver of any subsequent breach of the same or any other provision. 

Duncan Charles Carr and Glenda Carr (as the Proprietors of Blossom Childcare) confirm that all money that is received by them that is clients money (and not money that belongs to Blossom Childcare) will upon receipt by them immediately be paid direct into Blossom Childcare’s Voucher Client Current Account at Lloyds TSB Bank plc.  This Account has been set up so that all funds paid into it will only be used to pay Childcarers.  This Account will not be subject to any recourse or set-off rights in favour of Lloyds TSB Bank plc (any such recourse or set-off rights applying to Blossom Childcare’s other Business Client Account.  Blossom Childcare’s Voucher Client Current Account will not be subject to any deduction or removal of funds by Blossom Childcare for its own business or personal purposes.  Duncan Charles Carr and Glenda Carr further confirm that these Bank Accounts have been opened and this arrangement set up in conjunction with advice received from their Bank, their Solicitors and their Accountants and that these Accounts will at all times be dealt with on the basis of regular advice from these professional advisers.  Any person who has any query or concern in connection with any aspect of Blossom Childcare’s Voucher Client Current Account may contact Blossom Childcare’s Solicitors – Guest Walker & Co, 12a Shambles, York YO1 7LZ.