Terms And Conditions
Gardeners Kingston Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Kingston provides gardening and related services to residential and commercial clients. By booking any service with Gardeners Kingston you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the person, company or organisation requesting the services of Gardeners Kingston.
Company means Gardeners Kingston, the gardening services provider.
Services means any gardening, garden maintenance, lawn care, hedge cutting, planting, clearance, soft landscaping, or other related works carried out by the Company for the Client.
Service Area means the areas in and around Kingston and surrounding localities where the Company agrees to provide Services from time to time.
Booking means any request for Services made by the Client and accepted by the Company, whether verbally or in writing.
2. Scope of Services
2.1 The Company provides gardening and outdoor services including, but not limited to, regular garden maintenance, one off tidy ups, seasonal work, lawn mowing, edging, pruning, hedge cutting, weeding, planting, garden clearance, and other similar services within the Service Area.
2.2 The exact scope of the Services for each Booking will be agreed with the Client in advance, based on the description provided by the Client and any site visit or photographs where applicable.
2.3 The Company reserves the right to decline any work which it reasonably considers unsafe, unsuitable, outside its competence, or beyond the practical limits of the equipment and time available.
3. Booking Process
3.1 A Booking may be made by the Client by phone, online enquiry, or other method approved by the Company. The Client must provide accurate and complete information about the property, access arrangements, required Services, and preferred dates and times.
3.2 A Booking will be considered provisional until it has been confirmed by the Company. Confirmation may be given verbally or in writing. The Company reserves the right to refuse or cancel a Booking at its discretion, subject to any applicable cancellation provisions in these Terms and Conditions.
3.3 For larger projects, landscaping work or jobs estimated above a certain value, the Company may require a site visit before confirming the Booking. Any estimates or quotations provided prior to such visit are indicative only and subject to change.
3.4 The Client is responsible for informing the Company of any specific requirements, restrictions, site conditions, access limitations, parking arrangements, or other matters that may affect the Services at the time of Booking.
3.5 By confirming a Booking, the Client warrants that they are either the owner of the property or have the authority of the owner or managing agent to arrange the Services and accept these Terms and Conditions.
4. Estimates, Quotations and Pricing
4.1 The Company may provide an estimate or quotation for the Services based on information given by the Client and any site assessment. Unless otherwise stated, estimates are not fixed and may be varied if the actual work required differs from that originally described.
4.2 Quotations will usually specify whether pricing is on an hourly rate, a fixed price for a specific job, or a combination of both. Where hourly rates apply, the Company will charge for actual time spent on site, rounded to the nearest reasonable unit.
4.3 Prices are exclusive of any waste removal charges, congestion or parking fees, or additional materials and plant, unless expressly stated otherwise. These will be added to the final invoice where applicable.
4.4 The Company reserves the right to revise prices in the event of unforeseen circumstances, including but not limited to unexpected site conditions, access issues, safety concerns, or additional work requested by the Client.
5. Payments and Invoicing
5.1 The Client agrees to pay the Company for all Services provided, together with any applicable charges for waste disposal, materials, parking, congestion, and other agreed costs.
5.2 For regular maintenance services, payment is typically due on completion of each visit, unless alternative arrangements have been agreed in writing.
5.3 For larger projects or one off work above a certain value, the Company may require a deposit prior to commencement and staged payments during the course of the work. Details will be confirmed as part of the quotation.
5.4 Invoices will be issued by the Company and are payable by the Client within the payment terms stated on the invoice. If no specific terms are stated, invoices are payable within seven calendar days of the invoice date.
5.5 The Company accepts various forms of payment as notified to the Client at the time of Booking or invoicing. The Client is responsible for any bank or transaction charges associated with their chosen payment method.
5.6 If payment is not made in full by the due date, the Company may charge interest on the overdue amount at a reasonable rate and suspend or cancel further Services until payment is received in full.
6. Cancellations and Rescheduling
6.1 The Client may cancel or reschedule a Booking by giving the Company notice. Cancellation terms vary depending on the timing of the notice.
6.2 For standard maintenance visits and smaller jobs, the Client should give at least 24 hours notice of cancellation or rescheduling. Where less than 24 hours notice is given, the Company reserves the right to charge a cancellation fee, which may be up to the minimum call out charge or the value of the planned visit.
6.3 For larger projects or multi day work, the Company may require a longer notice period, which will be notified to the Client in advance. If sufficient notice is not given, the Company may retain any deposit paid or charge a reasonable cancellation fee to cover costs incurred.
6.4 The Company may need to cancel or reschedule a Booking due to reasons such as extreme weather, staff illness, vehicle breakdown, safety concerns, or other circumstances beyond its control. In such cases, the Company will endeavour to give the Client as much notice as reasonably possible and will offer an alternative appointment. The Company will not be liable for any loss or costs incurred by the Client as a result of such cancellation or rescheduling.
7. Client Obligations and Access
7.1 The Client must ensure that the Company has safe and reasonable access to the property and all areas of the garden where Services are to be performed, for the agreed dates and times.
7.2 The Client must inform the Company of any hazards, hidden features, fragile structures, or underground services that may be affected by the Services, including but not limited to cables, pipes, irrigation systems, ponds, septic tanks, and utility covers.
7.3 The Client is responsible for securing pets and ensuring that children and other occupants are kept at a safe distance while the work is carried out.
7.4 Where access is restricted or where the Company is unable to carry out the Services due to circumstances outside its control, the Company may charge for lost time, travel and other costs incurred.
8. Equipment, Materials and Garden Waste
8.1 The Company will normally provide all necessary tools and equipment required to perform the Services, unless otherwise agreed.
8.2 Where materials, plants, turf or other items are supplied by the Company, these remain the property of the Company until paid for in full by the Client.
8.3 The Company will comply with applicable waste and environmental regulations in relation to the removal and disposal of green waste and other materials.
8.4 Unless explicitly included in the quotation, the standard service does not automatically include removal of green waste from the site. In many cases, waste can be bagged or placed in the Client's garden waste bin, compost area or other designated space. If the Client requires waste to be removed from the property, an additional charge will apply based on volume and disposal costs.
8.5 The Company will not remove hazardous waste, contaminated soil, asbestos, chemical containers, or other restricted materials. The Client is responsible for arranging appropriate specialist disposal of such items.
9. Standards of Service and Complaints
9.1 The Company aims to perform all Services with reasonable care and skill and in accordance with good horticultural and safety practices.
9.2 If the Client is dissatisfied with any aspect of the Services, they should notify the Company as soon as possible and in any event within 48 hours of completion of the visit or work in question, providing clear details of the issue.
9.3 The Company will investigate complaints in a fair and timely manner and, where a complaint is justified, may at its discretion offer to re visit to rectify the issue, provide a partial refund, or give another appropriate remedy.
10. Liability and Insurance
10.1 The Company will exercise reasonable care to avoid damage to property, plants, lawn areas, and structures while providing the Services. However, some incidental disturbance may be unavoidable in the course of gardening and maintenance tasks.
10.2 The Company shall not be liable for any pre existing damage, defects, disease, poor soil conditions, drainage issues, or the consequences of previous work by others.
10.3 The Company will not be responsible for any loss or damage arising from inaccurate or incomplete information provided by the Client, or from the failure of the Client to comply with their obligations under these Terms and Conditions.
10.4 The Company shall not be liable for any indirect or consequential loss, loss of enjoyment, loss of profit, or loss of opportunity suffered by the Client as a result of any act or omission of the Company in connection with the Services.
10.5 Nothing in these Terms and Conditions excludes or limits the liability of the Company for death or personal injury caused by its negligence, or for any other liability which cannot legally be excluded or limited.
10.6 The Company maintains appropriate insurance cover for its operations, including public liability insurance, to a level considered reasonable for the nature of its work. Details of cover can be made available to the Client on request.
11. Plants, Turf and Living Materials
11.1 Where the Services include supply and installation of plants, turf, seeds or other living materials, the Company will take reasonable care to select healthy stock and to plant or lay it in a suitable manner.
11.2 Once the work is completed, responsibility for ongoing care, watering, feeding, pest control and protection from extreme weather lies with the Client, unless a separate maintenance arrangement has been agreed.
11.3 The Company cannot guarantee the long term survival, growth rate, appearance or performance of any living materials due to factors beyond its control, such as weather conditions, pests, diseases, soil quality, and the level of aftercare provided by the Client.
12. Weather and Seasonal Conditions
12.1 Gardening work is subject to weather and seasonal conditions. The Company reserves the right to adjust the timing, methods or scope of the Services where necessary to protect staff safety or the health of the garden.
12.2 In cases of extreme or unsafe weather, such as heavy rain, storms, high winds, ice or snow, the Company may postpone or adapt the Services and will arrange a new appointment with the Client where appropriate.
13. Health and Safety
13.1 The Company will carry out its activities in accordance with applicable health and safety legislation and good practice guidelines.
13.2 The Client agrees not to request or insist on any work being carried out that would place the Company’s staff at risk or require unsafe working practices.
13.3 The Client must keep pathways and access routes reasonably clear of obstructions and hazards on the days when Services are provided.
14. Data Protection and Privacy
14.1 The Company will collect and use personal data about the Client, such as name, address, and contact details, for the purpose of providing the Services, managing Bookings, issuing invoices, and handling enquiries.
14.2 The Company will take reasonable steps to keep personal data secure and will not sell or share such data with unrelated third parties except where required by law or necessary for the delivery of the Services.
15. Amendments to Terms and Conditions
15.1 The Company may amend these Terms and Conditions from time to time. The latest version will apply to all new Bookings and to ongoing services where the Client has been notified of the changes.
15.2 Continued use of the Services after any amendments have been notified will constitute acceptance of the updated Terms and Conditions.
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 law 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 provision of the Services.
17. Severability
17.1 If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed deleted and the remaining provisions shall continue in full force and effect.
18. Entire Agreement
18.1 These Terms and Conditions, together with any written quotation or confirmation of Booking issued by the Company, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior discussions, correspondence or understandings.
By proceeding with a Booking or allowing the Company to commence work at the property, the Client confirms that they have read, understood and agree to be bound by these Terms and Conditions.
