Gardeners Acton Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Acton provides gardening and related services to residential and commercial customers. By booking or accepting any service from Gardeners Acton, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not proceed with a booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below.
Client refers to the person, firm, or organisation requesting or receiving services from Gardeners Acton.
Company refers to Gardeners Acton, the gardening services provider.
Services refers to gardening and related services, including but not limited to lawn care, hedge trimming, pruning, planting, garden maintenance, garden clearance, and other works agreed between the Client and the Company.
Service Address refers to the property or site at which the Services are to be carried out.
Agreement refers to the contract between the Client and the Company, comprising these Terms and Conditions and any written or verbal confirmation of the Services.
2. Scope of Services
The Company provides gardening and garden maintenance services, which may include regular maintenance visits, one-off jobs, seasonal work, and garden clearance. The precise scope of the Services, including tasks to be carried out, estimated time, and any specific requirements, will be agreed with the Client at the time of booking.
Any description of Services given by the Company is for guidance only. The Company reserves the right to adapt methods, equipment, and staffing to deliver the agreed outcome, provided that the overall nature and quality of the Services are not substantially diminished.
3. Booking Process
Bookings may be made by the Client through the Companys chosen communication channels. The Client must provide accurate information regarding the Service Address, type of property, access arrangements, and the nature and scope of the required work.
Before confirming a booking, the Company may request photographs, a description of the garden, or conduct a site visit in order to assess the work required and provide an estimate. Any estimate is based on the information available at the time and may be updated if conditions on site differ materially from those described.
A booking is considered confirmed when the Company has accepted the request and provided confirmation of the appointment date, time window, and pricing structure, either as a fixed price or as an hourly rate. The Company reserves the right to decline a booking at its sole discretion.
The Client is responsible for ensuring that someone is available at the Service Address at the agreed time, or that prior arrangements for access have been agreed with the Company. Failure to provide access may result in a call-out charge or cancellation fees as described below.
4. Estimates and Pricing
The Company may provide estimates based on time, labour, and materials required. Unless expressly stated to be a fixed quote, any pricing provided prior to attending the Service Address is an estimate only and may vary depending on actual conditions, access, and the amount of waste generated.
Hourly rate services are chargeable from the time the gardening team arrives at the Service Address until the time they depart, including any time spent unloading and loading equipment or waste, subject to any minimum charge stated at the time of booking.
The Client will be informed as soon as reasonably practicable if it becomes apparent that the estimate will be exceeded due to unforeseen circumstances, additional work requested, or other factors. The Client may agree to proceed at the revised price or limit the scope of work.
5. Payments and Invoicing
Payment terms will be communicated to the Client at the time of booking. Unless agreed otherwise, payment is due on completion of the Services at the Service Address or upon receipt of an invoice issued by the Company.
The Company may require a deposit or advance payment for certain services, such as large clearances, extensive planting schemes, or work requiring the purchase of significant quantities of materials. The amount and timing of any deposit will be confirmed prior to the booking being finalised.
Accepted payment methods will be communicated by the Company and may include card payment, bank transfer, or other non-cash methods. The Client is responsible for any bank or transfer charges incurred in making payment.
Where Services are provided on a regular or ongoing basis, the Company may invoice periodically and specify the due date on the invoice. If payment is not received by the due date, the Company reserves the right to suspend or cancel future appointments until the outstanding balance is cleared.
The Company may charge interest on overdue invoices at the statutory rate permitted under applicable law, together with reasonable costs of recovering any overdue amounts.
6. Cancellations and Rescheduling
The Client may cancel or reschedule an appointment by giving reasonable advance notice. Unless otherwise agreed, at least 24 hours notice prior to the scheduled start time is required for cancellations or rescheduling without charge.
If the Client cancels or reschedules with less than 24 hours notice, the Company reserves the right to charge a cancellation fee up to a reasonable proportion of the quoted or anticipated cost, to cover time allocated, travel, and administration.
If the gardening team is unable to gain access to the Service Address, or if the work cannot proceed due to circumstances within the Clients control, this may be treated as a late cancellation and cancellation charges may apply.
The Company may cancel or reschedule an appointment where it is not reasonably practicable to provide the Services due to factors such as severe weather conditions, staff illness, safety concerns, or other circumstances beyond the Companys control. In such cases, the Company will offer a new appointment time. The Company will not be liable for any loss suffered by the Client as a result of such cancellation or rescheduling.
7. Client Responsibilities
The Client must ensure that the Service Address is safe and that the gardening team has clear and unobstructed access to the areas where work is to be carried out. The Client should remove or secure any personal items, garden ornaments, toys, or other objects that may obstruct the work or risk being damaged.
Pets and children must be kept away from machinery and work areas during the provision of Services. The Company reserves the right to suspend work if it considers there to be a safety risk due to the presence of children, pets, or other hazards.
The Client must inform the Company of any known underground utilities, cables, pipes, irrigation systems, or other installations that may be affected by gardening activities, including digging, planting, or tree work. The Company will not be liable for damage to any installations that were not disclosed or which could not reasonably have been identified in advance.
If the Client requires the use of on-site water or electricity, the Client agrees to provide access to such supplies without charge for the duration of the Service.
8. Materials, Plants, and Equipment
Where the Company supplies plants, materials, or products, these will be of a standard suitable for their intended purpose. The Client accepts that plant performance and longevity are subject to factors beyond the Companys control, including weather, soil conditions, pests, disease, and the Clients ongoing care.
Any guarantees or assurances given regarding plant survival or growth are conditional upon the Client following aftercare recommendations provided by the Company. The Company cannot guarantee the success of any planting scheme or turfing work where appropriate maintenance is not carried out by the Client or a third party.
All equipment brought to the Service Address by the Company remains the property of the Company and must not be used by the Client or any third party without the Companys express permission.
9. Garden Waste and Environmental Regulations
The handling and disposal of garden waste will be agreed with the Client at the time of booking. Where the Client requests removal of garden waste, additional charges may apply based on volume, weight, and disposal costs.
The Company will dispose of garden waste in accordance with applicable environmental and waste regulations. This may involve transportation to licensed facilities, composting, or responsible recycling where possible.
In some cases, it may be more cost-effective or environmentally appropriate for green waste to be left on site for composting or for use as mulch. This will be discussed with the Client and confirmed prior to commencement of work.
The Client is responsible for any local permissions or restrictions relating to the burning, storage, or disposal of garden waste retained at the Service Address. The Company will not carry out any unlawful disposal activities and reserves the right to refuse any request that would breach environmental regulations.
10. Health and Safety
The Company takes health and safety seriously and will carry out Services in a manner consistent with relevant safety standards. The gardening team may use protective equipment and safety barriers where appropriate.
The Client agrees not to interfere with the work process, equipment, or safety measures put in place by the Company. If a situation arises which the Company considers unsafe or unsuitable for work to continue, the Company may suspend or terminate the Services. Any additional costs associated with making the site safe may be chargeable to the Client.
11. Liability and Limitations
The Company will exercise reasonable care and skill in providing the Services. If the Client is dissatisfied with any aspect of the work, they must notify the Company promptly, and in any event within a reasonable period after completion, so that the Company can investigate and, where appropriate, rectify the issue.
The Companys liability for loss or damage arising from the provision of Services shall be limited to the value of the relevant Service appointment or the amount paid by the Client for that specific work, whichever is lower, except where liability cannot be limited under applicable law.
The Company shall not be liable for any indirect, consequential, or economic loss, including but not limited to loss of enjoyment, loss of use, loss of profit, or loss of opportunity, arising out of or in connection with the Services.
The Company shall not be liable for damage to plants, lawns, or garden features arising from pre-existing conditions, pests, diseases, invasive species, or structural issues that could not reasonably be identified prior to the work.
Nothing in these Terms and Conditions shall exclude or limit the Companys liability for death or personal injury caused by its negligence, fraud, or any other liability which cannot be excluded or limited under applicable law.
12. Force Majeure
The Company shall not be in breach of this Agreement, nor liable for any delay in performing or failure to perform any of its obligations, where such delay or failure results from events, circumstances, or causes beyond its reasonable control, including but not limited to severe weather, flooding, storm damage, fire, industrial disputes, or transport disruption.
13. Complaints and Dispute Resolution
If the Client has any complaint regarding the Services, they should contact the Company as soon as possible, providing details of the issue and any relevant photographs or evidence. The Company will aim to investigate and respond within a reasonable timeframe.
The Company may, at its discretion, offer to rectify any justified issues, provide a partial refund, or make another reasonable form of redress. Acceptance of any such remedy may be considered as full and final settlement of the matter.
14. Amendments to Terms and Conditions
The Company reserves the right to amend these Terms and Conditions from time to time. Updated versions will apply to new bookings made after the date of the change. For ongoing or regular service agreements, the Company will notify the Client of any significant changes that may affect the provision of Services.
15. 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 shall be construed in accordance with the laws of England and Wales.
The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter.
16. Severability
If any provision or part-provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these Terms and Conditions.
17. Entire Agreement
These Terms and Conditions, together with any written confirmation of booking or agreed specification of work, constitute the entire agreement between the Client and the Company in relation to the provision of Services and supersede all prior discussions, correspondence, or understandings.
By requesting, confirming, or accepting Services from Gardeners Acton, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.
