Gardeners Gospel Oak Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Gospel Oak provides gardening and related services to residential and commercial clients. By making a booking, accepting a quotation, or allowing our gardeners to commence work, you agree to be bound by these Terms and Conditions.

1. Definitions

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

Client means the individual, company, or organisation requesting or receiving services from Gardeners Gospel Oak.

Company, we, us, or our means Gardeners Gospel Oak.

Services means any gardening, grounds maintenance, garden clearance, planting, lawn care, hedge trimming, soft landscaping, or related work provided by the Company.

Site means the garden, outdoor area, or other premises where the Services are to be carried out.

Contract means the agreement between the Client and the Company for the provision of Services, comprising these Terms and Conditions and any written quotation or booking confirmation.

2. Scope of Services

The Company provides a range of gardening and grounds maintenance services. The precise scope of work for each visit will be agreed at the time of quotation, booking, or as confirmed by the Company before work starts.

Unless expressly stated otherwise in writing, the Services do not include structural landscaping, tree surgery requiring specialist qualifications or equipment, or any work that may require planning permission, building control approval, or statutory consents.

The Client is responsible for ensuring that any required consents, permissions, or approvals are in place prior to the commencement of the Services, except where the Company has expressly agreed in writing to handle such matters.

3. Booking Process

Bookings may be made by contacting the Company and providing details of the required Services, the Site address, preferred dates, and any relevant access information. The Company may offer either a fixed-price quotation or an estimate based on the information supplied and, where necessary, a Site visit.

A Contract is formed when the Client accepts a quotation in writing, confirms a booking, or otherwise clearly authorises the Company to proceed with the Services. Verbal acceptance may be relied upon where followed by a written confirmation or where the Client allows the work to commence.

The Company reserves the right to refuse or cancel a booking where it is not reasonably practicable or safe to provide the Services, or where the Client has previously failed to comply with these Terms and Conditions.

4. Quotations, Estimates, and Pricing

Quotations are normally provided for a defined scope of work and are valid for a limited period as stated by the Company. If not stated, a quotation will remain valid for 30 days from the date of issue, after which the Company may revise the price.

Estimates are provided as a guide only and are not binding. The final price may vary depending on the actual time taken, materials required, and conditions encountered on Site. The Company will inform the Client as soon as reasonably practicable if it becomes apparent that the estimate is likely to be exceeded.

Prices may be based on hourly rates, fixed fees, or a combination of both. Additional charges may apply for green waste removal, disposal of bulky items, supply of plants and materials, use of specialist machinery, or work carried out outside normal working hours, where agreed.

5. Access to the Site

The Client must ensure that the Company and its gardeners have clear, safe, and reasonable access to the Site at the agreed times. This includes providing keys, gate codes, or arranging for someone to be present to grant access, as necessary.

If the Company is unable to gain access to the Site or is delayed in starting work due to the Client, the Company may charge a call-out fee or a reasonable proportion of the booking value to cover travel time and lost working time.

The Client must ensure that the Site is safe and suitable for gardening activities, and that any known hazards are clearly disclosed in advance, including uneven ground, hidden features, or underground services close to the surface.

6. Client Responsibilities

The Client is responsible for:

Ensuring that the Site is free from obstructions and hazardous materials that could impede the Services or endanger personnel.

Keeping children, pets, and other occupants away from working areas, machinery, tools, and chemicals during and after the Services, until it is safe to enter.

Protecting any fixtures, fittings, garden ornaments, or personal property that may be affected by the provision of the Services, or clearly notifying the Company of items requiring special care.

Complying with any aftercare or maintenance instructions provided by the Company, for example watering newly laid turf or planted areas.

7. Materials, Plants, and Products

Where the Company supplies materials or plants, ownership of those materials and plants will pass to the Client on receipt of full payment. The Company will take reasonable care in selecting and handling plants and materials of satisfactory quality and appropriate for local conditions.

Plants are living organisms and their performance depends on factors beyond the Companys control, including weather, soil conditions, pests, diseases, and Client aftercare. While the Company will exercise reasonable skill and care, it does not guarantee the life span or performance of plants once the Services are completed, unless expressly agreed in writing.

Any warranties or guarantees from manufacturers of products or materials supplied by the Company are subject to the terms offered by those manufacturers.

8. Waste Handling and Regulations

The Company will handle green waste, soil, and other garden waste in accordance with applicable waste management regulations. Unless otherwise agreed, standard services do not automatically include removal of green waste from the Site.

The Client and the Company will agree in advance whether green waste is to be left on Site for composting or disposal by the Client, or removed by the Company for an additional charge. Where waste removal is included, the Company will take reasonable steps to ensure that all waste is transported and disposed of lawfully and responsibly.

The Company will not remove hazardous waste or items such as asbestos, chemicals, or electrical goods. The Client is responsible for arranging specialist removal of any such items prior to the commencement of the Services.

9. Payments and Invoicing

Payment terms will be confirmed at the time of booking or quotation. The Company may require a deposit or prepayment, particularly for larger projects, one-off clearances, or where significant materials must be ordered in advance. Any deposit will be deducted from the final invoice.

Unless otherwise agreed, payment of the balance is due immediately upon completion of the Services or within the period stated on the invoice. For ongoing maintenance contracts, invoices may be issued on a regular schedule, for example weekly or monthly.

Payments must be made in the manner specified by the Company. The Client is responsible for ensuring that payments are made in full and on time. The Company reserves the right to charge reasonable interest and administrative fees on overdue invoices and to suspend further Services until outstanding sums are paid.

10. Cancellations and Rescheduling

The Client may cancel or reschedule a booking by giving reasonable notice to the Company. Unless otherwise stated in a quotation or booking confirmation, the following will apply:

If the Client cancels or reschedules more than 48 hours before the agreed start time, no cancellation fee will normally be charged.

If the Client cancels or reschedules within 48 hours of the agreed start time, the Company may charge a cancellation fee to cover lost labour time, travel, and any unrecoverable costs, including materials ordered.

If the Client repeatedly cancels or reschedules bookings at short notice, the Company may require prepayment for future bookings or may decline to provide further Services.

The Company may need to cancel or postpone a booking due to adverse weather, staff illness, health and safety concerns, or events beyond its reasonable control. In such cases, the Company will aim to give as much notice as possible and will offer an alternative date. The Company will not be liable for any losses resulting from such cancellations or postponements.

11. Variations and Additional Work

Any changes to the agreed scope of Services must be agreed between the Client and the Company. Where possible, variations will be confirmed in writing. Changes may affect the price and timescale for completion.

If additional work is requested during a visit, the Company may either carry it out immediately at the prevailing rates or schedule it for a later date, depending on time and resource availability.

12. Health and Safety

The Company will take reasonable steps to protect the health and safety of its staff, the Client, and any third parties present on the Site. This includes following safe working practices, using appropriate tools and equipment, and applying chemicals and treatments in line with relevant regulations and manufacturer guidance.

The Client must cooperate with the Company in relation to health and safety matters, including following any instructions given by the Company while work is in progress and preventing unauthorised persons from entering active work areas.

13. Liability and Limitations

The Company will exercise reasonable skill and care in providing the Services. If the Client believes the Services have not been carried out with reasonable skill and care, the Client must notify the Company as soon as practicable and within a reasonable time of completion, allowing the Company an opportunity to inspect and, where appropriate, remedy the issue.

The Company will not be liable for:

Normal wear and tear or deterioration of lawns, plants, or garden features arising from weather, pests, diseases, misuse, neglect, or failure to follow aftercare advice.

Damage caused by pre-existing defects, poor construction, or structural issues in the garden or property.

Any indirect, consequential, or purely economic losses such as loss of enjoyment, loss of profits, or loss of opportunity.

Nothing in these Terms and Conditions excludes or limits the Companys liability for death or personal injury caused by its negligence, for fraud, or for any other liability which cannot lawfully be excluded.

Except where liability cannot be limited by law, the total liability of the Company arising out of or in connection with any Contract shall not exceed the total fees paid or payable by the Client for the specific Services giving rise to the claim.

14. Force Majeure

The Company will not be liable for any delay or failure to perform its obligations under the Contract where such delay or failure is due to events beyond its reasonable control. These events may include extreme weather, flooding, fire, pandemic, industrial disputes, accidents, acts of government, or interruptions to utilities.

Where a force majeure event occurs, the Company will notify the Client where practicable and will use reasonable efforts to resume the Services as soon as it is safe and feasible to do so.

15. Complaints and Dispute Resolution

If the Client is dissatisfied with any aspect of the Services, the Client should inform the Company promptly, providing as much detail as possible about the issue. The Company will investigate the complaint and, where appropriate, propose remedial action.

The Client agrees to allow the Company a reasonable opportunity to put matters right before seeking external remedies. Both parties will act in good faith and use reasonable endeavours to resolve disputes amicably.

16. Data Protection and Privacy

The Company will collect and process personal information about Clients only to the extent necessary to manage bookings, deliver Services, and handle invoicing and accounts. The Company will take reasonable steps to keep such information secure and to comply with applicable data protection laws.

Personal information will not be sold to third parties. It may be shared with trusted suppliers or subcontractors where necessary for the delivery of the Services or to comply with legal obligations.

17. Termination

Either party may terminate an ongoing maintenance arrangement by giving reasonable notice as agreed in advance, or if not otherwise specified, at least 30 days written notice.

The Company may terminate the Contract with immediate effect if the Client commits a serious breach of these Terms and Conditions, fails to pay sums due, or behaves in a threatening or abusive manner towards the Companys staff or representatives.

On termination, the Client will pay for all Services performed up to the date of termination and for any non-cancellable commitments entered into by the Company in reliance on the Contract.

18. Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of England and Wales.

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.

19. General Provisions

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

No waiver of any breach of these Terms and Conditions shall be effective unless in writing and signed by the party granting the waiver, and no waiver shall be deemed a waiver of any subsequent breach or default.

The Client may not assign or transfer its rights or obligations under the Contract without the prior written consent of the Company. The Company may assign its rights and obligations to a successor business or subcontract certain Services where this does not materially affect the quality of service.

These Terms and Conditions, together with any quotation or booking confirmation issued by the Company, constitute the entire agreement between the parties in relation to the Services and supersede any prior understandings or representations, whether oral or written.