Gardeners Hackney Marshes Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Hackney Marshes provides gardening, grounds maintenance and related outdoor services to residential and commercial customers. By placing a booking, accepting a quotation, or allowing our gardeners to commence work at your premises, you agree to be bound by these Terms and Conditions.

1. Definitions

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

Customer means the person, company or organisation requesting or receiving services from Gardeners Hackney Marshes.

Company means Gardeners Hackney Marshes, the gardening service provider.

Services means any gardening, landscaping, lawn care, hedge cutting, planting, clearance, maintenance, or related work carried out by the Company.

Site means the garden, grounds or outdoor area at which the Services are to be provided.

Contract means the agreement between the Customer and the Company, incorporating these Terms and Conditions and any written quotation or booking confirmation.

2. Scope of Services

The Company provides a range of gardening and outdoor maintenance services, which may include general garden tidying, lawn mowing, hedge trimming, pruning, planting, weed control, garden clearance, and seasonal maintenance. The exact scope of Services will be agreed in advance with the Customer and confirmed in a quotation or booking confirmation.

Any description of Services is for guidance only and does not constitute a guarantee of specific results. The Company will exercise reasonable skill and care in providing the Services but cannot guarantee the performance of plants, lawns or natural materials, which may be affected by weather conditions, pests, diseases, soil quality, and other factors beyond the Company’s control.

3. Booking Process

Bookings may be made by the Customer through the Company’s accepted communication channels. The Customer must provide accurate information about the Site, including size, access, current condition and any specific requirements. The Company may request photographs or a site visit before confirming a quotation.

A booking is considered provisional until the Customer has accepted the quotation or service rate provided by the Company. Acceptance may be made in writing, verbally or by clear confirmation through an agreed method of communication. Once accepted, a Contract is formed and the Services will be scheduled for an agreed date and time or on a recurring basis, as applicable.

The Company reserves the right to decline any booking at its discretion, including where access is unsuitable, the work falls outside its normal scope, or safety concerns are identified.

4. Site Access and Customer Responsibilities

The Customer must ensure that the Company’s gardeners have safe and reasonable access to the Site at the agreed times. This includes providing any keys, access codes, or instructions needed to enter external areas, and ensuring that gates, pathways and work areas are unlocked and unobstructed.

The Customer must inform the Company in advance of any hazards at the Site, such as uneven ground, hidden ponds, loose paving, aggressive animals, or damaged structures. The Customer is responsible for keeping pets and children away from the immediate work area for the duration of the Services.

The Customer is responsible for ensuring that any necessary permissions, consents or approvals from neighbours, landlords, management companies or local authorities are in place before work begins, where relevant. The Company will not be liable for delays or issues arising from the absence of such consents.

5. Quotations and Pricing

All quotations are provided in good faith based on the information supplied by the Customer and, where applicable, a site inspection. Quotations may be given as a fixed price for a defined scope of work, or as an hourly or day rate for labour plus any agreed materials.

If the Site conditions differ materially from those described or shown during the quotation process, or if additional work is requested by the Customer, the Company reserves the right to revise the price. Any changes to pricing will be discussed with the Customer before the extra work is carried out wherever reasonably possible.

Unless stated otherwise, prices are exclusive of waste removal fees, specialist equipment hire, and the cost of plants, materials or consumables, which will be charged separately where applicable and agreed in advance.

6. Payments and Invoicing

Payment terms will be stated in the quotation or booking confirmation. The Company may require full or partial payment in advance for certain Services, particularly for larger projects or where substantial materials must be purchased.

For one-off jobs, payment is normally due upon completion of the work, unless otherwise agreed. For regular maintenance visits, the Company may invoice after each visit or on a monthly basis. Invoices will specify the Services provided and the amount due.

Payments must be made by the methods accepted by the Company. The Customer is responsible for ensuring that payments are made on time and in full. If payment is not received by the due date, the Company reserves the right to charge reasonable late payment fees and interest in line with applicable UK law.

If an invoice remains unpaid after reminders have been issued, the Company may suspend further Services until the outstanding balance is cleared, and may take steps to recover the debt, including legal action where appropriate.

7. Cancellations and Rescheduling

The Customer may cancel or reschedule a booking by giving notice to the Company. For standard visits and one-off jobs, at least 24 hours notice before the scheduled start time is requested. For larger projects or full-day bookings, at least 48 hours notice is preferred.

If the Customer cancels or reschedules with insufficient notice, the Company reserves the right to charge a reasonable cancellation fee, which may be a percentage of the quoted price or a minimum call-out charge, to cover time and administration costs.

The Company may need to cancel or reschedule Services due to adverse weather conditions, staff illness, safety concerns, or other circumstances beyond its reasonable control. The Company will notify the Customer as soon as reasonably possible and will offer an alternative date and time. The Company will not be liable for any loss arising from such cancellations or rescheduling.

8. Weather and Working Conditions

Gardening work is inherently affected by weather conditions. The Company will assess whether it is safe and practical to carry out the Services on any given day. Work may be postponed in cases of heavy rain, storms, high winds, extreme temperatures or other hazardous conditions.

Where light or moderate adverse weather does not present a safety risk, the Company may proceed with the work, although the quality or speed of certain tasks may be affected. The Customer understands and accepts that weather can influence the appearance and outcome of gardening work.

9. Materials, Plants and Guarantees

Where the Company supplies plants, turf or other living materials, it will take reasonable care in selection, transport and planting. However, the long-term health of plants depends on ongoing care, watering, soil conditions, weather and other factors beyond the Company’s control. For this reason, the Company cannot guarantee that all plants or turf will thrive or survive.

Any materials supplied by the Company remain the property of the Company until full payment has been received. If the Customer supplies their own materials, the Company accepts no responsibility for their quality or suitability and may decline to use materials considered unsafe or inappropriate.

10. Waste Removal and Environmental Regulations

The handling and disposal of green waste and other materials will be agreed in advance. Unless waste removal is specifically included in the quotation, the Customer is responsible for disposing of any waste generated by the work, such as grass cuttings, branches, leaves and soil.

Where waste removal is included, the Company will remove garden waste in compliance with applicable UK waste regulations. The Company will not remove hazardous waste, contaminated materials, or items outside the agreed scope.

The Customer must not request the Company to dispose of waste unlawfully. The Company is committed to complying with environmental and waste management regulations and may refuse any request that would breach such regulations.

11. Customer Satisfaction and Complaints

The Company aims to provide a professional and reliable service. If the Customer has any concerns about the quality of the work, they should notify the Company as soon as possible and within a reasonable time after the Services have been provided.

The Company will investigate any complaint and, where appropriate, may return to the Site to inspect the work. If the Company agrees that the Services were not carried out with reasonable skill and care, it may at its discretion rectify the issue, provide a partial refund, or offer a discount on future work. This will be the Customer’s sole and exclusive remedy in such circumstances.

12. Liability and Limitations

The Company will take reasonable care to avoid damage to the Customer’s property while carrying out the Services. The Customer should highlight any particularly fragile items, underground services, or areas of concern before work begins.

To the extent permitted by law, the Company’s total liability for any loss or damage arising under or in connection with the Contract, whether in contract, tort, negligence or otherwise, shall be limited to the total amount paid or payable by the Customer for the specific Services giving rise to the claim.

The Company will not be liable for any indirect or consequential losses, including loss of enjoyment, loss of use, loss of profits, or loss of opportunity. The Company will also not be liable for any damage or loss arising from defective materials supplied by third parties, from pests or diseases, from the acts or omissions of the Customer, or from events beyond the Company’s reasonable control.

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

13. Insurance

The Company aims to maintain appropriate insurance cover in respect of its business activities, including public liability insurance to a level it considers reasonably adequate. Details of current insurance arrangements may be provided upon reasonable request.

14. Health and Safety

The Company is committed to operating in a safe manner and complying with relevant health and safety legislation. The Customer must cooperate with the Company in creating a safe working environment, including keeping work areas clear and informing the Company of any known risks at the Site.

The Company may suspend work if it believes that continuing would pose a risk to its staff, the Customer, or others. In such cases, the Company will discuss alternative arrangements with the Customer.

15. Termination

Either party may terminate an ongoing maintenance arrangement by giving reasonable notice to the other party. The length of notice will depend on the frequency and scale of the Services but will typically be at least 14 days unless agreed otherwise.

The Company may terminate the Contract immediately where the Customer fails to pay sums due, breaches these Terms and Conditions, behaves in an abusive or unsafe manner towards Company staff, or where continuing to provide the Services is impractical or unsafe.

On termination, the Customer will pay for all Services performed up to the termination date and for any materials already supplied or specially ordered for the Customer.

16. Data Protection and Privacy

The Company will collect and use personal data from the Customer only as necessary to manage bookings, provide Services, issue invoices and communicate regarding the Contract. The Company will take reasonable steps to protect Customer information and will not sell or misuse personal data.

17. Amendments to These Terms

The Company may update these Terms and Conditions from time to time. The latest version will apply to new bookings and Contracts. Where reasonably practicable, the Company will inform existing Customers of any material changes that may affect ongoing arrangements.

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 or formation, shall be governed by and 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.

19. General Provisions

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The failure of either party to enforce any right or remedy shall not be deemed a waiver of such right or remedy.

The Contract is between the Customer and the Company only, and no other person shall have any rights to enforce its terms. The Customer may not assign or transfer their rights or obligations under the Contract without the prior consent of the Company.

These Terms and Conditions, together with any quotation or booking confirmation, constitute the entire agreement between the Customer and the Company in relation to the Services and supersede any prior discussions or understandings.