Refunding a deposit

[suzydominguez]

My contract says this ....

A deposit of one week is required to put this contract into effect. It will be applied to the last weeks payment, upon termination of this contract. I also agree to give a minimum of two weeks written notice, if I intend to withdraw my child from the childcare. if two weeks notice is given, I agree to make payments up until the last day of attendance and the deposit will not be refunded.

I think I am at a loss, I do not mention anything about holding a spot !

[Suzie_Homemaker]

My contract says this ....

A deposit of one week is required to put this contract into effect. It will be applied to the last weeks payment, upon termination of this contract. I also agree to give a minimum of two weeks written notice, if I intend to withdraw my child from the childcare. if two weeks notice is given, I agree to make payments up until the last day of attendance and the deposit will not be refunded.

I think I am at a loss, I do not mention anything about holding a spot !

I just seeing this second post now, maybe it come in when I writting my other comment above.

I not think you have leg to stand on. All this is about what happen to the deposit if they start care and nothing specific to what happen to deposit if they not start care. Since they didn't start care, they not have to give two week notice because your contract said that notice needed "if I intend without my child from the childcare" but they have not begun at the childcare and so they aren't withdrawing from the childcare. It go on about agreeing make payment until last day attendance further confirming this paragraph refers to a child who is in your care.
None of it apply to situation where child never started.

What EXACTLY did you write on receipt for the deposit? Maybe on there you clear it not refundable if they change mind and that the deposit for holding place vs the actual service of care itself?

[Suzie_Homemaker]

A deposit of one week is required to put this contract into effect. It will be applied to the last weeks payment, upon termination of this contract. I also agree to give a minimum of two weeks written notice, if I intend to withdraw my child from the childcare. if two weeks notice is given, I agree to make payments up until the last day of attendance and the deposit will not be refunded.

As side issue, this not make sense.

It say that client get deposit applied to final week of care. So client give you 2 week notice, then they not have to pay until last week of care. They just have to pay for one of the 2 weeks notice because the sentence before this says their deposit is applied to the last week.

Then your paragraph further contradict because it say that the depsoit will not be refunded but the first sentence said it's given towards final bill.

If you copied this from contract, you urgently need amend contract to remove all contradiction.