Gardeners Canonbury Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Canonbury provides gardening and related services to residential and commercial clients. By booking or using our services, you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.

1. Definitions

In these Terms and Conditions, the following words have the meanings given below:

Client means the person or organisation requesting and paying for the services.

Company means Gardeners Canonbury, the gardening service provider.

Services means any gardening, garden maintenance, landscaping, clearance or related work carried out by the Company.

Site means the garden, outdoor area or property at which the Services are to be performed.

Agreement means the contract between the Client and the Company incorporating these Terms and Conditions.

2. Scope of Services

The Company provides a range of gardening and garden maintenance services, which may include lawn care, planting, pruning, hedge cutting, weeding, garden tidy-ups, garden clearance, routine maintenance, and minor landscaping or improvement works. The exact scope of the Services will be agreed with the Client at the time of booking and confirmed in writing where appropriate.

The Company reserves the right to decline any work that it considers unsafe, unsuitable, beyond its professional competence, or outside the agreed scope. Any additional work requested by the Client that was not included in the original agreement may be subject to additional charges.

3. Booking Process

Bookings can be made by the Client by contacting the Company and providing details of the required Services, the Site address, and preferred dates and times. The Company will offer available appointment slots based on staff availability and service area coverage.

A booking is only considered confirmed once the Company has accepted the booking and, where required, the Client has accepted any quotation or estimate provided. For larger or more complex projects, the Company may arrange an initial visit to assess the Site before confirming the booking and final quotation.

By confirming a booking, the Client warrants that they have the authority to arrange for the Services to be carried out at the Site and to enter into an Agreement with the Company.

4. Quotations and Estimates

Where possible, the Company will provide a quotation or estimate for the Services based on the information supplied by the Client and, if applicable, an assessment visit. Quotations will normally specify whether they are fixed-price or based on hourly rates, and will set out what is included and excluded.

Quotations are generally valid for a limited period from the date of issue, as indicated by the Company. If the Client does not accept the quotation within that period, the Company may revise it to reflect any changes in costs or circumstances.

Any increase in the scope of work, unforeseen conditions at the Site, or changes requested by the Client may result in a revision of the original quotation or an additional charge, which will be discussed with the Client before the additional work is undertaken where reasonably possible.

5. Client Responsibilities

The Client agrees to provide clear and accurate information regarding the Site and the required Services. The Client must ensure that the Company and its staff have safe and reasonable access to the Site for the scheduled appointment time, including any necessary access codes, gate keys, or instructions.

The Client is responsible for keeping pets and children away from areas where work is being carried out, and for informing the Company of any known risks, hazards, or restrictions at the Site, including but not limited to uneven ground, fragile structures, underground cables, pipes, or protected trees and plants.

If access to the Site is not possible on arrival, or if the Site is not in a safe condition for the Services to be performed, the Company may charge a call-out or cancellation fee to cover the time and travel costs incurred.

6. Health, Safety and Site Conditions

The Company will carry out the Services with reasonable skill and care and in accordance with relevant health and safety requirements. However, the Client must ensure that the Site is reasonably cleared of obstacles and that any known hazards are highlighted to the Company in advance of the visit.

The Company reserves the right to refuse or suspend work if it considers that the Site is unsafe due to hazardous materials, unsafe structures, aggressive animals, or adverse weather conditions that could endanger staff or compromise the quality of the work.

Where adverse weather makes it impractical or unsafe to perform the Services, the Company may reschedule the appointment to the next available date, in consultation with the Client.

7. Materials, Plants and Equipment

Unless otherwise agreed, the Company will supply any necessary tools and equipment to carry out the Services. The Client must not use the Companys tools or equipment without express permission from the Company.

Where the Company supplies plants, materials, soil, turf or other items, it will take reasonable care to ensure that they are of satisfactory quality at the time of delivery or installation. Living plants are subject to natural conditions beyond the Companys control, and no guarantee can be given regarding long-term survival, growth rate, or appearance, particularly if aftercare advice is not followed by the Client.

Title to any materials or plants supplied by the Company remains with the Company until full payment has been received. Risk in such items passes to the Client upon delivery or installation at the Site.

8. Payments and Rates

The Client agrees to pay the Company for the Services in accordance with the rates, quotation, or estimate provided. Charges may be based on an hourly rate, a fixed price for the job, or a combination of both, as specified by the Company.

Unless otherwise agreed, payment is due on completion of the Services for one-off jobs, or on the date specified on the invoice for ongoing or contract work. The Company may require a deposit for larger projects or where significant materials must be purchased in advance. Any such deposit will be set out clearly before the booking is confirmed.

Where payment is not received by the due date, the Company reserves the right to charge interest on overdue sums at the statutory rate allowable under UK law, and to suspend further Services until all outstanding amounts have been settled.

9. Cancellations and Rescheduling by the Client

If the Client needs to cancel or reschedule a booking, they must notify the Company as soon as reasonably possible. For standard appointments, the Company may require a minimum notice period before the scheduled start time, failing which a cancellation charge may be applied to cover lost time and travel costs.

If the Client cancels a booking with insufficient notice, the Company may charge a percentage of the quoted amount or a minimum call-out fee, as notified to the Client at the time of booking. Where a deposit has been paid for a larger project, late cancellation may result in the deposit being retained in full or in part to cover costs already incurred.

Repeated cancellations or rescheduling by the Client may lead the Company to decline future bookings or to require non-refundable pre-payment.

10. Cancellations and Changes by the Company

The Company will use reasonable endeavours to attend all confirmed appointments on time. However, the Company may need to cancel or reschedule bookings in cases of staff illness, vehicle breakdown, severe weather, or other circumstances beyond its reasonable control.

In such circumstances, the Company will contact the Client as soon as reasonably possible to arrange a new appointment date and time. The Company will not be liable for any indirect or consequential loss arising from such cancellations or delays, but any deposits relating solely to the cancelled or unperformed Services will be refunded if a rescheduled appointment is not agreed.

11. Garden Waste and Regulatory Compliance

The Company will comply with relevant waste and environmental regulations when handling and disposing of garden waste arising from the Services. This may include grass cuttings, branches, leaves, soil, and plant material.

Unless otherwise agreed, the quotation or estimate will specify whether the Company will remove garden waste from the Site or whether such waste will be left neatly bagged or stacked for the Client to dispose of. Where waste removal is included, additional charges may apply, particularly for large volumes of waste or heavy items.

The Company does not accept responsibility for the disposal of household rubbish, hazardous waste, or items that fall outside the scope of normal garden maintenance. The Client is responsible for ensuring that any instructions regarding waste disposal comply with local authority regulations.

12. Damage and Liability

The Company will use reasonable care and skill when performing the Services and will take appropriate measures to protect the Clients property and belongings. If damage is caused as a direct result of the Companys negligence, the Company will, at its discretion, repair the damage, replace the item, or offer fair compensation.

The Client must report any damage or issues to the Company as soon as reasonably practicable and in any event within a reasonable time after completion of the Services. The Company may request evidence of the damage and access to inspect the Site before agreeing any remedy.

The Companys total liability to the Client arising out of or in connection with the Services, whether in contract, tort, or otherwise, shall be limited to the amount paid by the Client for the specific Services giving rise to the claim, except in cases where such limitation is not permitted by law.

Nothing in these Terms and Conditions limits or excludes the Companys liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under UK law.

13. Exclusions and Limitations

The Company is not liable for any indirect, special, or consequential loss or damage, including loss of enjoyment of the garden, loss of profits, or any costs arising from delays or changes to planting plans or appearance, whether foreseeable or not.

The Company will not be responsible for any damage or deterioration of plants, lawns, or garden features where the Client has not followed aftercare advice or where factors beyond the Companys control, such as weather conditions, pests, diseases, or soil conditions, affect outcomes.

The Company is not liable for damage to underground services or structures that were not clearly identified or disclosed by the Client prior to the commencement of work.

14. Complaints and Dispute Resolution

If the Client is unhappy with any aspect of the Services, they should contact the Company as soon as possible so that any concerns can be investigated and addressed. The Company will aim to respond promptly and to reach a fair and reasonable resolution.

Where a complaint relates to the quality or completeness of the work, the Company may arrange a revisit to the Site to inspect the issues and, where appropriate, to carry out remedial work. Any such remedial work will be at the Companys discretion, taking into account the original scope of the Services and the condition of the Site.

If the parties are unable to resolve a dispute through informal discussion, they may consider mediation or other forms of alternative dispute resolution before pursuing formal legal proceedings.

15. Intellectual Property

Any designs, planting plans, sketches, or other materials created by the Company in connection with the Services remain the intellectual property of the Company unless expressly agreed otherwise in writing. The Client is granted a licence to use such materials solely for the purposes of implementing and maintaining the garden or outdoor space at the Site.

The Client must not reproduce, distribute, or use any such materials for other projects or commercial purposes without the prior written consent of the Company.

16. Privacy and Data Protection

The Company may collect and store personal information about the Client, such as name, address, and contact details, in order to manage bookings, deliver the Services, and handle payments. The Company will take reasonable steps to keep this information secure and to use it only for legitimate business purposes.

Client information will not be sold to third parties. It may, however, be shared with trusted subcontractors or suppliers where necessary to carry out the Services, or where required by law or regulatory authorities.

17. Amendments to Terms and Conditions

The Company reserves the right to update or amend these Terms and Conditions from time to time. Any changes will take effect when published or communicated and will apply to new bookings made after that date. Existing Agreements will continue to be governed by the Terms and Conditions in place at the time of booking, unless otherwise agreed with the Client.

18. Governing Law and Jurisdiction

These Terms and Conditions and any non-contractual obligations arising out of or in connection with them are governed by and interpreted in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to settle any disputes arising out of or in connection with these Terms and Conditions, the Services, or the Agreement between the Client and the Company.

19. Severability

If any provision of these Terms and Conditions is held by a court or other competent authority to be invalid, unlawful, or unenforceable, that provision shall be removed or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms and Conditions, together with any quotation, estimate, or written agreement provided by the Company, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior discussions, understandings, or representations, whether oral or written.

By booking or using the Services of Gardeners Canonbury, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.