Terminology

1. “Employer” means the company or organisation which is entering into this agreement in order to purchase childcare vouchers to provide to their Employees.
2. “Apple Childcare Vouchers” “(ACV)” means Apple Childcare Vouchers Limited, registered in England and Wales, company number 06667955.
3. “Employee” means an individual which is employed by the Employer which is entering into this agreement in order to receive childcare vouchers from the Employer.
4. “Childcare Provider” means the registered provider of childcare that the Employee has requested to pay or part pay through ACV.
5. “Commencement date” means the date when the agreement is formally executed between ACV and the Employee.

Apple Childcare Vouchers Scheme Rules

1. The Employers ACV scheme is operated through a salary sacrifice agreement.
2. The Employee agrees that when the Employee registers to the ACV scheme operated through salary sacrifice, a salary sacrifice agreement between the Employer and Employee exists. The salary sacrifice agreement serves as an amendment to the Employee’s contract of employment which will reduce the Employee’s gross salary by the requested voucher value, for the time period that the Employee has requested.
3. The Employee will only use ACV to pay for their own children or for children that live with them and for whom they have parental responsibility for.
4. The Employee can use ACV to pay for childcare up to the 1st September following the child’s 15th birthday, or if your child is disabled, 1st September following the child’s 16th birthday.
5. ACV will provide the Employee with an online account with a username and password. The Employee will take full responsibility for safeguarding all online account information.
6. The Employee will have the option of setting up Automatic payments direct to the Employees Childcare provider, or a Internet Account whereby the funds will credit the Employees online facility, or to print or be emailed a paper voucher to provide the childcare provider.
7. ACV provide telephone support on 0845 602 9459 in order for those Employee’s who do not have internet access or for those that wish to administer the scheme over the telephone. Any changes communicated over the telephone will need to be confirmed in writing by either via email, fax or letter
8. The Employee can use the ACV scheme to pay any registered childcare provider. Registered childcare providers are those registered with Ofsted (or the equivalent authority in Wales, Scotland or Northern Ireland). This includes day nurseries, child-minders, after and before school clubs, nannies and holiday play schemes.
9. The Employee may not use ACV for extra-curricular activities where childcare is not the primary focus, for private school fees or for residential children’s holidays.
10. The Employee agrees to notify ACV immediately if the childcare provider does not have, or ceases to have the registered status as in point 13.
11. The Employee agrees to provide all of the childcare providers’ information through the online registration process. If the childcare provider is not registered with ACV then they will be invited to register and join the scheme.
12. The childcare provider must provide a copy of their Ofsted (or equivalent body) registration certificate in order to complete the ACV registration process.
13. ACV will perform initial checks on the details and eligibility of the childcare provider nominated by a participating Employee to ensure the correct registration is held. ACV check all childcare providers’ registration details every 12 months. ACV has no responsibility for ensuring that selected childcare providers fulfil their obligations in respect of registration or otherwise.
14. Employees may change the amount of voucher values that they receive. They will only be able to change their voucher value in accordance with the Employer’s scheme rules. The Employees’ ACV Home page will display a summary of Employer’s scheme rules.  Each time the Employee changes their voucher value, a new salary sacrifice agreement must be in place. ACV provides this through the registration / change voucher value process.
15. The Employer and Employee salary sacrifice agreement must be for a fixed time period and no amendments are allowed to the voucher value during this period unless the employee has a life changing event.   
16. Life changing events are defined as birth or adoption of child, marriage, divorce or separation, relocation, pregnancy, maternity leave or long-term sick leave, change to employment, change in childcare arrangements, child starting school, significant change in partner’s circumstances, change to contractual hours, change to custody arrangements, and death of a dependant. The Government may increase or decrease the tax-free voucher allowances, and Employees may also change their voucher value in this circumstance.
17. The Employee may elect to have any voucher values refunded due to a life changing event. ACV will refund the Employer, who will be responsible for paying the refund on the next available payday ensuring the correct tax and national insurance is paid.
18. Unused ACV will remain in the Employees’ account for a period of 12 months following the last account transaction (credit from employer or debit to childcare provider). Within this period ACV’s can be refunded as in point 22.
19. Apple Childcare Vouchers employee account balances will no longer be valid and voucher values will expire if there is no activity for a period of 12 months following the last account transaction.
20. The Employee agrees that any accrued childcare vouchers in the Employee ACV account in advance of a child’s date of birth may not be used to pay for childcare for that child.
21. Employees will need to make any changes 5 working days before the Employer invoice date. All changes that are made before this date will take effect from the next available payday, whilst any changes that are made after this date will miss the next available payday and will take effect from the following payday.
22. Employees can join the scheme at any time during the Employer and ACV contract period, or as per the Employer scheme rules.
23. Employees can exit the ACV scheme at the expiry of any salary sacrifice agreement. ACV require written notice 5 working days prior to the Employer’s invoice date.
24. If the agreement is terminated, Employees may continue to use ACV facilities and online services until their voucher balance reaches £0.

Data Protection and Confidentiality

1. The Employee and ACV shall take all necessary steps to ensure that data or information which comes into its possession by virtue of and whilst a member of the ACV scheme is treated as confidential information and in particular shall comply with the Data Protection Act 1998 and, if appropriate, shall notify itself under the Act and process such data and information only in so far as is necessary to administer the ACV scheme and not to use it to compete or to promote its own third party business.
2. The Employee and ACV will at all times ensure that they do not, without the other party’s prior written consent, disclose or allow to be disclosed any confidential information about the other.
3. The Employee agrees that ACV may share full details of their ACV account with the Employer.
4. The Employee agrees that ACV may share full details of their ACV account with childcare providers in order to resolve any queries relating to the Employee account and payments.

General

1. The Employee and ACV shall not be liable for any breach of these terms and conditions caused by circumstances beyond their reasonable control.
2. ACV shall bear no liability for any loss of or reduction in statutory benefits or any reduction in Employee benefits received by any Employee as a result of using childcare vouchers.
3. ACV shall bear no liability in respect of any loss arising to the Employer or its Employees as a result of legislative change or the actions of childcare providers.
4. ACV may amend these terms and conditions at any time subject to providing the Employee with 45 days notice.
5. If the Employee uses, or attempts to use, ACV in a fraudulent manner, or if you deliberately provide ACV with false information, you may incur a tax liability and be subject to the Employer’s disciplinary procedures.
6. This agreement shall be governed by English law and the parties agree to submit to the non exclusive jurisdiction of the English courts.