Gardeners Islington Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Islington provides gardening and related services to residential and commercial clients. By making a booking, accepting a quotation or allowing our gardeners access to your premises, you agree to be bound by these Terms and Conditions.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the person, company or organisation requesting services from Gardeners Islington.
Company means Gardeners Islington, the gardening services provider.
Services means any gardening, garden maintenance, landscaping, clearance, or related work carried out by the Company.
Premises means the garden, outdoor space, access routes and any property where the Services are to be carried out.
Agreement means the contract between the Client and the Company incorporating these Terms and Conditions and any written quotation or booking confirmation.
2. Scope of Services
2.1 The Company provides a range of gardening services, including but not limited to lawn care, planting, hedge trimming, pruning, garden tidy ups, garden clearance, and routine maintenance within its service area.
2.2 The exact scope of Services will be agreed with the Client at the time of booking or as set out in a written quotation. The Company is not obliged to provide any services that fall outside the agreed scope.
2.3 Any variations to the agreed Services, including additional work requested on the day, are subject to the Companys approval and may result in an adjusted fee.
3. Booking Process
3.1 Bookings can be made by contacting the Company and providing details of the Premises and the Services required. The Company may request photographs, descriptions, or an on-site visit to assess the work before confirming a booking.
3.2 A booking is only confirmed once the Client has accepted the quotation or rate provided and the Company has issued a booking confirmation. The Company reserves the right to refuse any booking at its discretion.
3.3 For larger projects, garden makeovers or landscaping work, the Company may provide a written quotation setting out the proposed scope, estimated timescales and pricing. The quotation will usually be valid for a limited period, after which it may be revised.
3.4 The Client is responsible for ensuring that all information provided at the time of booking is accurate and complete, including any access restrictions, parking limitations, or specific requirements at the Premises.
4. Access to the Premises
4.1 The Client must ensure that the Company has safe and reasonable access to the Premises on the agreed date and time. This includes arranging access through gates, communal areas or buildings as necessary.
4.2 If access is not available or is significantly restricted on arrival, the Company may charge a call-out fee or treat the booking as a cancellation by the Client, in which case the cancellation terms in these conditions will apply.
4.3 The Client must inform the Company in advance of any known hazards or risks at the Premises, including uneven surfaces, unsafe structures, loose pets, or any other matter that may affect the safe provision of the Services.
5. Client Responsibilities
5.1 The Client is responsible for ensuring that:
a. The Premises are ready for the Services to be carried out, including removing personal items, toys, furniture or obstacles from the working area, unless otherwise agreed.
b. Any necessary permissions from neighbours, landlords, managing agents or local authorities are obtained where required.
c. Children and pets are kept away from tools, machinery, chemicals and the working area while Services are in progress.
5.2 If the Premises are not reasonably prepared for the Services, the Company may either carry out preparatory work at an additional charge or refuse to proceed with the booking, applying the relevant cancellation terms.
6. Pricing and Payment Terms
6.1 Prices may be based on hourly rates, fixed project fees or a combination of both, as agreed in advance. All prices are quoted in pounds sterling unless otherwise stated.
6.2 The Company reserves the right to revise prices where the information provided by the Client at the time of booking is incomplete or inaccurate, or where the condition of the Premises materially differs from what was described or shown.
6.3 For regular maintenance services, the Company may agree ongoing arrangements, which will be subject to periodic review and possible price adjustments, for example due to increased fuel, labour or disposal costs.
6.4 Payment is due in accordance with the terms notified to the Client, which may include payment on completion, partial deposits in advance, or staged payments for larger projects.
6.5 The Company may require a deposit before confirming certain bookings or commencing work. Deposits are generally non-refundable, except as set out in these Terms and Conditions or as required by law.
6.6 If payment is not made by the due date, the Company reserves the right to charge interest on any overdue sums, suspend or cancel further Services, and recover any reasonable costs of debt recovery.
7. Cancellations and Rescheduling
7.1 The Client may cancel or request to reschedule a booking by giving the Company reasonable notice. The required notice period will normally be stated at the time of booking or in the booking confirmation.
7.2 Where a Client cancels or reschedules a booking with insufficient notice, the Company may charge a cancellation fee. This may be a fixed amount or a proportion of the quoted fee, reflecting the time reserved and any costs already incurred.
7.3 If the Company is unable to attend a booking due to circumstances beyond its reasonable control, such as severe weather, illness, accidents, traffic delays, or other events, it will notify the Client as soon as reasonably possible and offer an alternative date. The Company will not be liable for any loss suffered due to such rescheduling, provided it acts with reasonable care.
7.4 The Company may cancel a booking or terminate the Agreement immediately if:
a. The Client fails to provide safe access to the Premises.
b. The working conditions are unsafe or unsuitable.
c. The Client behaves in an abusive, threatening or unlawful manner.
d. The Client is in material breach of these Terms and Conditions.
8. Performance of Services
8.1 The Company will carry out the Services with reasonable skill and care in accordance with generally accepted standards for gardening services in the UK.
8.2 Any timescales given for completion are estimates only and may be affected by weather, access, unforeseen site conditions or additional work requested by the Client. Time is not of the essence unless expressly agreed in writing.
8.3 The Company may use subcontractors or third-party tradespeople to deliver part or all of the Services, while remaining responsible for the overall performance under the Agreement.
8.4 The Client acknowledges that gardening work is influenced by environmental conditions beyond the Companys control, and outcomes such as growth rates, flowering, and plant survival cannot be guaranteed.
9. Materials, Plants and Equipment
9.1 Where the Company supplies plants, materials or products, it will use reputable suppliers and select items suitable for the agreed purpose, as far as reasonably possible.
9.2 The Client is responsible for the ongoing care, watering and maintenance of plants after installation, unless the Company is specifically contracted to provide such ongoing maintenance.
9.3 Title to any plants or materials supplied by the Company will pass to the Client only upon full payment of the relevant invoice.
9.4 The Company will provide tools and equipment necessary to carry out the Services, unless otherwise agreed. All tools and equipment remain the property of the Company.
10. Waste Removal and Environmental Regulations
10.1 The handling and disposal of green waste, soil, rubble and other materials will be agreed in advance. Unless specifically included in the quotation, the Company is not obliged to remove waste from the Premises.
10.2 Where waste removal is included, the Company will comply with applicable waste regulations in the UK and use appropriate methods to transport and dispose of garden waste.
10.3 If the Client prefers to dispose of waste independently, the Company may leave bagged or stacked waste in a designated area at the Premises, as agreed with the Client.
10.4 The Company is not responsible for any fines or penalties arising from the Clients own waste disposal activities.
11. Health, Safety and Insurance
11.1 The Company will take reasonable steps to maintain safe working practices while carrying out the Services, including the use of protective equipment and adherence to relevant health and safety guidance.
11.2 The Client must not interfere with tools, machinery or materials used by the Company and must ensure that no one at the Premises attempts to operate equipment belonging to the Company.
11.3 The Company will maintain appropriate insurance cover for its activities, including public liability insurance, in line with common practice for gardening businesses in the UK.
12. Liability and Limitations
12.1 Nothing in these Terms and Conditions limits or excludes the Companys liability for death or personal injury caused by its negligence, for fraud, or for any other matter that cannot lawfully be limited or excluded.
12.2 Subject to the above, the Companys total liability to the Client arising out of or in connection with the Services, whether in contract, tort or otherwise, will be limited to the amount paid or payable for the specific Services giving rise to the claim.
12.3 The Company is not liable for:
a. Any pre-existing defects or damage at the Premises.
b. Normal wear and tear to grass, plants or features during the provision of Services.
c. Damage caused by incorrect or inadequate maintenance by the Client after completion of the Services.
d. Losses arising from factors beyond its reasonable control, including weather, pests, plant diseases, or acts by third parties.
12.4 The Client must notify the Company of any concerns or alleged damage as soon as reasonably possible and, in any event, within a reasonable period after becoming aware of the issue. The Company will be given a fair opportunity to inspect and, where appropriate, remedy any problem.
13. Complaints and Disputes
13.1 The Company aims to provide a professional and reliable service. If the Client is dissatisfied with any aspect of the Services, they should raise the matter promptly with the Company.
13.2 The Company will investigate complaints in good faith and may, at its discretion, offer to re-perform the Services, provide a partial refund, or take other appropriate steps where a complaint is justified.
13.3 If a dispute cannot be resolved amicably, the parties may consider using mediation or another form of alternative dispute resolution before resorting to court proceedings.
14. Privacy and Data
14.1 The Company will collect and use personal data supplied by the Client for the purpose of arranging and delivering the Services, handling payments, and managing the relationship with the Client.
14.2 The Company will take reasonable steps to protect Client information and will not sell personal data to third parties. It may share necessary information with subcontractors or service providers involved in fulfilling the Services.
15. Amendments to Terms
15.1 The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of booking will apply to that specific Agreement.
15.2 Any material changes will, where practicable, be communicated to regular Clients or published in a way that is accessible to Clients.
16. Governing Law and Jurisdiction
16.1 These Terms and Conditions and any dispute or claim arising out of or in connection with them or the Services shall be governed by and construed in accordance with the laws of England and Wales.
16.2 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 the Services provided by the Company.
17. General Provisions
17.1 If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid or unenforceable, that provision shall be deemed deleted, but the remaining provisions shall continue in full force and effect.
17.2 The failure or delay by the Company in exercising any right or remedy under these Terms and Conditions shall not constitute a waiver of that or any other right or remedy.
17.3 The Agreement is between the Client and the Company. No other person shall have any rights to enforce any of its terms.
17.4 These Terms and Conditions, together with any written quotation or booking confirmation, constitute the entire agreement between the parties and supersede any prior understandings or representations, whether oral or written, relating to the Services.
