Gardeners Creekmouth Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Creekmouth provides gardening and related services to residential and commercial clients. By making a booking, accepting a quotation, or allowing our operatives to commence work, you agree to be bound by these Terms and Conditions. Please read them carefully before ordering any services.

1. Definitions and Interpretation

In these Terms and Conditions, unless the context requires otherwise, the following expressions have the following meanings:

Client means any individual, business, company or organisation that requests, books or receives services from Gardeners Creekmouth.

Company, we, us or our means Gardeners Creekmouth, the gardening services provider.

Services means any gardening, landscaping, garden maintenance, clearance, waste removal or related services that we agree to provide to the client.

Visit means any agreed attendance by our gardeners or operatives at the client property to carry out the services.

Property means the garden, land and any relevant outside areas at the address where the services are to be carried out, as provided by the client at the time of booking.

Contract means the agreement between the client and the company for the provision of services, comprising these Terms and Conditions and any written or verbal confirmation of a booking or quotation.

2. Scope of Services

We provide a range of gardening and garden-related services, which may include but are not limited to lawn mowing, hedge trimming, pruning, planting, weeding, garden tidy-ups, garden clearance, soft landscaping and general maintenance. The exact scope of the services for each visit will be as agreed between the client and the company at the time of booking or as set out in any written quotation.

All services are subject to availability, suitable weather conditions, safe access to the property and compliance with any applicable regulations. We reserve the right to decline or discontinue any service where, in our reasonable opinion, it would be unsafe, unlawful, unsuitable for the property, or beyond the originally agreed scope.

3. Booking Process

3.1 Booking requests may be made by the client through our accepted communication channels. A booking is not confirmed until it has been accepted by the company and the date, time window and scope of work have been agreed.

3.2 For larger projects, landscaping work or ongoing maintenance contracts, we may arrange a site visit or request photographs and additional information to assess the property before confirming a quotation and booking.

3.3 Where we provide an estimate based on information supplied by the client, it is the responsibility of the client to ensure that such information is accurate and complete. If on arrival at the property the actual work required is substantially different from that described, we reserve the right to revise the quotation, amend the scope of services, or decline the work.

3.4 The client must ensure that there is clear and safe access to the property and the areas of the garden that are to be serviced. Any gates or access points should be unlocked or suitable arrangements made for our operatives to enter and carry out the services.

3.5 We may require a minimum visit duration for certain services. Where this applies, it will be communicated to the client at the time of booking.

4. Quotations and Pricing

4.1 Prices for services may be provided as an hourly rate, a fixed price per visit or a fixed price for a specific project. The pricing structure will be confirmed to the client before a booking is finalised.

4.2 Any quotations provided are based on the information supplied by the client and are valid for a limited period as stated at the time of issue or, if not stated, for 30 days from the date of the quotation.

4.3 If additional work is requested by the client during a visit that is outside the original scope, we may agree an additional charge at the time or, if not reasonably possible, may schedule the extra work for a future visit.

4.4 We reserve the right to revise our rates periodically. Any changes will not affect confirmed bookings where a price has already been agreed, but may apply to future visits, ongoing maintenance contracts or new bookings following reasonable notice.

5. Payments and Invoicing

5.1 Unless otherwise agreed in writing, payment for one-off services is due on completion of the visit. For ongoing maintenance services, we may invoice per visit or at agreed regular intervals.

5.2 We may accept a variety of payment methods, such as bank transfer, card payment or other commonly used methods. Accepted options will be communicated to the client in advance or at the time of invoicing.

5.3 For larger projects or landscaping works, we may require a deposit or staged payments. Any such arrangements will be set out in writing before the commencement of the work.

5.4 If payment is not received by the due date, we reserve the right to charge interest on the overdue amount at a reasonable rate, apply administrative fees for late payment, and suspend or cancel future bookings until the outstanding balance is settled.

5.5 The client is responsible for any bank charges, transfer fees or similar costs incurred in making payment to us, ensuring that the full invoiced amount is received by the company.

6. Cancellations, Rescheduling and Access

6.1 The client may cancel or reschedule a confirmed booking by providing us with reasonable advance notice. Unless agreed otherwise, we require at least 24 hours notice for standard maintenance visits and 48 hours notice for larger projects or full-day bookings.

6.2 If the client cancels or reschedules a visit without providing the required notice, we reserve the right to charge a late cancellation fee, which may be up to the full amount of the expected charge for that visit, to cover the time allocated and any associated costs.

6.3 If our operatives attend the property and are unable to gain access, or if access is unsafe or significantly obstructed, the visit may be treated as a late cancellation and charged accordingly.

6.4 We may need to cancel or reschedule a visit due to adverse weather conditions, staff illness, equipment failure, or other circumstances beyond our reasonable control. In such cases, we will aim to provide as much notice as possible and offer an alternative date or time. We will not be liable for any loss or inconvenience caused by such changes, but any prepayments relating to the affected visit will be applied to the rescheduled date or, where appropriate, refunded.

7. Client Obligations

7.1 The client must ensure that the property is in a condition suitable for the services to be carried out, with clear access to relevant areas and no hazardous materials or unsafe structures that the company has not been informed about.

7.2 The client must inform us about any hidden or non-obvious features such as underground cables, irrigation systems, buried pipes, or fragile surfaces that could be damaged during normal gardening activities.

7.3 The client agrees to keep pets, children and other individuals away from the immediate working area during visits, and to cooperate with any reasonable health and safety instructions given by our operatives.

7.4 Where water or electricity is reasonably required for the performance of the services, the client agrees to provide access to such utilities at no cost, unless otherwise agreed.

8. Waste Handling and Environmental Regulations

8.1 As part of our gardening services, we may generate green waste such as grass cuttings, leaves, branches and plant material. Unless agreed otherwise, we will aim to handle such waste in compliance with applicable environmental and waste management regulations.

8.2 By default, green waste may be left in a suitable area of the client garden, placed in client-owned garden waste bins, or prepared for local collection where such services are available and appropriate. If the client requires us to remove green waste from the property, an additional charge may apply to cover transportation and disposal costs.

8.3 We do not ordinarily remove household, construction or hazardous waste. Where we agree to remove any non-green waste, this will be subject to separate charges and compliance with relevant waste disposal rules.

8.4 The client is responsible for ensuring that any instructions they give regarding waste handling do not conflict with local regulations. We reserve the right to refuse any waste removal request that would, in our reasonable opinion, breach environmental or legal requirements.

9. Health, Safety and Conduct

9.1 We are committed to operating safely and responsibly. Our operatives will use appropriate tools, equipment and protective gear suitable for the services being provided.

9.2 The client must not request or require our operatives to undertake any task that is unsafe, unlawful, or clearly beyond the agreed scope of gardening and related services.

9.3 We expect our operatives and clients to treat each other with courtesy and respect. We reserve the right to withdraw our services and terminate the contract in the event of abusive, threatening or inappropriate behaviour.

10. Liability and Limitations

10.1 We will exercise reasonable care and skill when providing the services. However, gardening work inherently involves the use of tools, machinery and physical activity, and minor incidental damage may sometimes occur. We will not be liable for normal wear and tear to soil, turf, plants, fences or surfaces arising from the proper performance of the services.

10.2 The client must ensure that all movable items, fragile ornaments, outdoor furniture and similar objects are removed or adequately protected before the start of a visit. We will not be responsible for damage to items that should reasonably have been removed from the working area.

10.3 We will not be liable for any loss or damage arising from inaccurate or incomplete information provided by the client, or from the client failure to comply with these Terms and Conditions.

10.4 We shall not be liable for any indirect, consequential or purely economic loss, including loss of profit, business interruption or loss of opportunity, arising out of or in connection with the services or these Terms and Conditions.

10.5 Nothing in these Terms and Conditions limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be limited or excluded.

11. Complaints and Service Issues

11.1 If the client is dissatisfied with any aspect of the services, they should notify us as soon as possible, providing details of the issue and, where relevant, photographs of the affected area.

11.2 We will review any complaint in good faith and, where appropriate, may offer to revisit the property to assess the situation and, if reasonable, to rectify any shortcomings in the services provided.

11.3 Any complaint relating to a specific visit should normally be raised within 48 hours of that visit to allow us to address the matter while the condition of the garden remains similar.

12. Property, Plants and Materials

12.1 Where we supply plants, materials or products as part of the services, we aim to select items that are suitable for the property conditions as described by the client. However, plant growth and survival depend on various factors, including weather, soil, pests and client aftercare. We cannot guarantee specific growth outcomes or plant longevity.

12.2 Risk in any plants or materials supplied passes to the client on delivery or installation at the property. Title remains with the company until full payment has been received.

12.3 The client is responsible for ongoing maintenance, care and watering of plants following our visit, unless an ongoing maintenance service has been expressly agreed.

13. Privacy and Data

13.1 In the course of providing services, we may collect and store limited personal information about clients, such as names, addresses, and details relating to the property and bookings.

13.2 We will use such information solely for the purposes of managing bookings, delivering services, handling payments and communications, and complying with any applicable legal obligations.

13.3 We will take reasonable steps to protect client information and will not sell or disclose it to unrelated third parties except where required by law or where necessary to perform the services.

14. Changes to these Terms

14.1 We may update or amend these Terms and Conditions from time to time to reflect changes in our services, legal requirements or business practices.

14.2 The version in force at the time of a confirmed booking will apply to that particular visit or project. For ongoing maintenance contracts, we will provide reasonable notice of any material changes to the Terms and Conditions.

15. Governing Law and Jurisdiction

15.1 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.

15.2 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 their subject matter.

16. General Provisions

16.1 If any provision of these Terms and Conditions is found by a court or competent authority to be invalid, unlawful or unenforceable, that provision shall be severed from the remaining provisions, which shall continue to be valid and enforceable.

16.2 No failure or delay by the company in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of such right or remedy.

16.3 The client may not assign or transfer any of their rights or obligations under these Terms and Conditions without our prior written consent. We may assign or subcontract any of our rights and obligations where reasonably necessary to provide the services.

16.4 These Terms and Conditions, together with any quotation or booking confirmation, constitute the entire agreement between the client and the company in relation to the services and supersede any previous agreements, understandings or representations, whether written or oral.