Terms and Conditions

Introduction

This document is known as the Childhood Australia Terms and Conditions.
Childhood Australia runs a foreign language program for children known as AlphaTykes.
Childhood Australia runs a safety and self-defence program for children known as Dynamight Kids.
Childhood Australia runs a jungle fitness program known as Wild Things.
Childhood Australia runs a music therapy program known as Boppin’ Babies.
Childhood Australia runs a school readiness program known as Fruition School Readiness.
The Program Recipient runs a child care centre at the Location.
Childhood Australia has agreed to run the AlphaTykes Program and/or the Dynamight Kids program and/or the Wild Things program and/or the Boppin’ Babies program and/or the Fruition School Readiness program for the Program Recipient at the Location

Definitions

“Agreement” means the Schedule and these Terms and Conditions.
“Class” means an AlphaTykes, Dynamight Kids, Wild Things, Boppin’ Babies or Fruition School Readiness Class.
“Program” means either; the AlphaTykes, Dynamight Kids, Wild Things, Boppin’ Babies or Fruition School Readiness Programs.

The Program

Childhood Australia agrees to deliver the Program to the Program Recipient for the Term as per the Schedule.
At the end of the Review Period, the parties will evaluate the Program. If the parties determine that the arrangement is not satisfactory, either party may terminate the Agreement. Termination does not affect the obligation to pay for the Program or materials provided, and does not affect the Restraint and Intellectual Property Rights provisions of the Agreement.

Charges

The Program Recipient will pay the Program Fee set out in the Schedule.
The Program Recipient must pay according to the Payment Terms outlined in the Schedule.
The Program Recipient can pay using one of the following payment methods:

Direct transfer to the Childhood Australia bank account;
Direct debit; or
Credit card.

Unless expressly stated, the amounts specified in this Agreement do not include any amount for GST and the Program Recipient will pay an additional amount for GST.
The parties acknowledge that the Program Fee is strictly confidential and not to be disclosed.
Any payments made by credit card will incur an additional surcharge as follows:

Visa or Mastercard = $1.65 per transaction
AMEX = 3% per transaction.

Childhood Australia Obligations

Childhood Australia will provide the Program and will supply trained Childhood Australia teachers to conduct the classes as outlined on the Schedule.
Childhood Australia will ensure that all teachers have Working with Children checks.
Childhood Australia will supply all lesson resources required for the Program other than those to be provided by the Program Recipient as listed in the Schedule.

Program Recipient Obligations

The Program Recipient will supply:

A staff member to assist with each class to follow the directions of the Childhood Australia teacher;
Craft materials prepared in accordance with Childhood Australia’ directions prior to the Class;
A suitable venue in which to hold the Class.

The Program Recipient will:

Be responsible for the set up of each Class and the clean up at the end of each Class;
Marshal the children for each lesson;
Assist with activities (i.e. games and craft) as part of the Class; and
Be responsible for overall behaviour management of children.

Merchandise and Materials

Teaching and Lesson materials
Childhood Australia will supply:

The teaching materials for use in the conduct of a Class such as teacher’s story books, games and teaching aids
A list of craft supplies required for each lesson.

Classroom and display materials

The Program Recipient will licence from Childhood Australia the Childhood Australia classroom display materials. The materials are licensed only and must be returned at the end of this Agreement. If this Agreement is not renewed or extended, all classroom display materials will be returned to Childhood Australia.

Take Home Learning Materials

The Program Recipient will promote to parents the benefits of the take home learning materials and assist in directing parents to the Childhood Australia website to place orders.
Childhood Australia is entitled to all revenue from the sale of any additional merchandise and take home learning material to parents.

Promotion and Marketing

Childhood Australia will assist the Program Recipient in promoting the Childhood Australia Program including:

Providing Childhood Australia brochures and flyers;
Providing content for Program Recipient brochures, flyers, websites and newsletters relating to the program;
Providing a range of signage options on a cost-recovery basis; and
Other jointly approved marketing and promotion activities. Any joint activity is to be with the consent of the other.

All material related specifically to promotion of the Childhood Australia Program for the Program Recipient will be agreed by the parties, with the intention that the costs be shared equally.
The Program Recipient must present any use of the Childhood Australia name, logo and materials to Childhood Australia for pre-approval.
All promotion and marketing materials are licensed only and must be returned at the end of this Agreement. If this Agreement is not renewed or extended, all promotion and marketing materials including signage will be returned to Childhood Australia.

Intellectual Property Rights

All intellectual property in the Program remains with Childhood Australia at all times and nothing in this Agreement implies the license, transfer or other right for the Program Recipient to use or adapt the Program for any purpose or to run a similar program based on, inspired by or equivalent to the Childhood Australia Programs without the express written consent of Childhood Australia.
The Program Recipient must return all Childhood Australia materials, classroom display items, curriculum, documents, promotional materials, signage and other information regarding the Childhood Australia Program at the expiry or termination of this Agreement.
The Program Recipient must not make copies of any material or other records of the Classes, including electronic or audio, without the consent of Childhood Australia and at the conclusion of this Agreement all such copies must be returned to Childhood Australia.

Miscellaneous

Public holidays

The Childhood Australia Program will not be provided on public holidays, however, we can reschedule a make up class in the event that a Childhood Australia Program day falls on a public holiday.

Sick days

If a Childhood Australia teacher is sick or otherwise unable to deliver a Program on the Program date, Childhood Australia will use its best endeavours to provide an alternate teacher for the Program, possibly at a rescheduled time on that day.
In the event that an alternate teacher cannot be provided, Childhood Australia will schedule a make up lesson at a mutually convenient time but generally at the end of the term on the next available day of the Class cycle.

Notices

A notice or other communication under this Agreement is only effective if it is in writing.