Gardeners South Hackney Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners South Hackney to residential and commercial customers in the United Kingdom. By booking or accepting any service, you agree to be bound by these terms. Please read them carefully before placing a booking.

1. Definitions

In these Terms and Conditions, the following words have the meanings set out below.

Customer means the person, company or organisation requesting the services.

Company means Gardeners South Hackney, the gardening service provider.

Services means any gardening, grounds maintenance, landscaping, clearance, or related work carried out by the Company for the Customer.

Booking means any request for Services that is accepted and confirmed by the Company.

Site means the garden, land, property or premises where the Services are to be carried out.

2. Scope of Services

The Company provides a range of gardening and outdoor services, which may include lawn care, hedge trimming, planting, weeding, garden clearance, pruning, soft landscaping and related tasks. The exact scope of Services for each Booking will be agreed in advance between the Company and the Customer, either verbally or in writing.

Any description of Services on promotional material or advertising is for general guidance only. The Services provided in each case will be those specifically agreed for the relevant Booking.

3. Booking Process

3.1 A Booking may be requested by the Customer via the Company’s chosen communication channels. The Customer must provide accurate details of the required Services, the size and condition of the garden or outdoor area, access arrangements, and any relevant information about the Site.

3.2 All Bookings are subject to acceptance by the Company. A Booking will be considered confirmed only when the Company has expressly accepted it, which may be done verbally or in writing, and a date and time window for the Services has been agreed.

3.3 The Company reserves the right to refuse any Booking at its discretion, including where the requested Services are not suitable or safe, or where access to the Site cannot be reasonably arranged.

3.4 For certain Services or larger projects, the Company may conduct an initial Site visit to assess the work required before confirming the Booking. Any quotation provided following such an assessment will be based on the information and conditions observed at the time.

4. Quotations and Estimates

4.1 The Company may provide the Customer with a quotation or estimate for the Services. Unless otherwise stated, quotations are valid for 30 days from the date of issue, subject to the condition of the Site remaining materially unchanged.

4.2 Quotations are based on the information provided by the Customer and any Site inspection carried out by the Company. If, on attendance, it is found that the work required differs significantly from that described or that Site conditions are materially different, the Company may revise the quotation or charge on a time and materials basis, subject to the Customer’s agreement.

4.3 Any additional work requested by the Customer that is not included in the original quotation may be charged separately, either at an agreed fixed price or at the Company’s standard hourly or daily rates.

5. Access to the Site

5.1 The Customer is responsible for ensuring that the Company has safe and adequate access to the Site at the agreed date and time. This includes providing any necessary access codes, keys, instructions, or informing any concierge or security personnel in advance.

5.2 If the Company is unable to gain access to the Site, or if access is unsafe or obstructed, the Company may charge a call-out or cancellation fee as set out in the cancellation provisions below.

5.3 The Customer must ensure that any pets, children or other persons are kept clear of the working area while the Services are being carried out to ensure safety.

6. Customer Obligations

6.1 The Customer must provide accurate and complete information regarding the Site and the Services required.

6.2 The Customer must notify the Company of any known hazards at the Site, including uneven ground, hidden cables, buried services, ponds, unstable structures, or the presence of hazardous materials.

6.3 The Customer must ensure that water and electricity, where reasonably required for the provision of the Services, are available at the Site. If such utilities are not available or are restricted, the Customer must inform the Company in advance so that alternative arrangements can be considered.

6.4 The Customer must not request the Company to carry out any work that is unlawful, unsafe or contrary to applicable regulations or guidance.

7. Payments and Charges

7.1 The Customer agrees to pay the Company the agreed charges for the Services. Charges may be on a fixed-price basis, by hourly rate, or by another method as agreed before the Booking is confirmed.

7.2 Unless otherwise agreed, payment is due on completion of the Services for one-off jobs, or in accordance with the invoicing schedule for ongoing or contract work.

7.3 The Company may require a deposit or advance payment for certain Bookings, particularly for large projects, purchase of materials, or where waste removal is included. Any such requirement will be communicated to the Customer in advance.

7.4 Payment methods accepted will be specified by the Company from time to time. The Customer is responsible for ensuring timely payment using one of the accepted methods.

7.5 If the Customer fails to make payment by the due date, the Company reserves the right to charge interest on overdue sums at the statutory rate permitted under UK law, and to recover any reasonable costs incurred in pursuing payment.

8. Cancellations and Rescheduling

8.1 The Customer may cancel or reschedule a Booking by giving the Company reasonable notice. Unless otherwise agreed, at least 24 hours’ notice is required for standard bookings.

8.2 If the Customer cancels or reschedules a Booking with less than the required notice period, the Company may charge a cancellation fee, which may be up to the full price of the planned Services where the Company has incurred costs or reasonably cannot reallocate the appointment.

8.3 If the Company is unable to attend a Booking due to circumstances beyond its reasonable control, such as adverse weather, illness, vehicle breakdown, or other unforeseen events, the Company will inform the Customer as soon as reasonably possible and offer to reschedule the Booking. The Company will not be liable for any loss incurred by the Customer as a result of such rescheduling, provided that the Company acts reasonably and promptly.

8.4 If, on arrival, access to the Site is not available, or the Site is not in a condition that reasonably allows the Services to be carried out, the Company may treat the Booking as cancelled by the Customer and may charge a call-out or cancellation fee.

9. Waste Removal and Environmental Regulations

9.1 The handling and disposal of garden waste are subject to relevant environmental and waste management regulations in the United Kingdom. The Company will comply with all applicable legal requirements when dealing with waste.

9.2 Unless explicitly included in the quotation or agreed prior to the Booking, the Services do not automatically cover the removal of garden waste, soil, rubble, or other materials from the Site. In such cases, waste may be bagged or neatly left on-site for the Customer to dispose of.

9.3 Where waste removal is included or requested, an additional charge may apply to cover handling, transport, and lawful disposal. The nature and volume of waste will influence the applicable charge.

9.4 The Company will not remove or dispose of any hazardous waste, including but not limited to asbestos, chemicals, contaminated soil, or any material that requires specialist handling or licensing. If such materials are present, the Customer is responsible for arranging their removal by a suitably licensed contractor.

10. Health and Safety

10.1 The Company will take reasonable care to perform the Services in a safe and professional manner and in accordance with applicable health and safety laws and guidance.

10.2 The Customer must cooperate with the Company to ensure a safe working environment, including keeping pathways clear, preventing unauthorised persons from entering the work area, and following any safety instructions given by the Company’s staff.

10.3 The Company may refuse to carry out or may suspend Services if, in its reasonable opinion, working conditions are unsafe or present an unacceptable risk to people or property.

11. Liability and Limitations

11.1 The Company will exercise reasonable skill and care in providing the Services. If the Customer believes that the Services have not been carried out with reasonable care and skill, the Customer must notify the Company promptly, and in any event within a reasonable time after completion.

11.2 The Company’s liability for any loss or damage arising out of or in connection with the Services shall, to the fullest extent permitted by law, be limited to the amount paid or payable for the specific Booking under which the claim arises.

11.3 The Company will not be liable for any indirect, consequential or economic losses, including loss of profit, loss of business, or loss of enjoyment, arising from or in connection with the Services, except where such exclusion is not permitted by law.

11.4 The Company is not liable for pre-existing defects, weaknesses or poor condition of the Customer’s property, structures, plants, lawns, trees, fences, paving or other features, which may become apparent or be worsened during the normal execution of the Services.

11.5 The Company is not responsible for damage caused by pests, diseases, extreme weather, drought, flooding or other natural events affecting plants or gardens after the Services have been completed.

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

12. Property and Planting

12.1 Where the Company supplies plants, turf, or other living materials, it will use reasonable care in sourcing healthy stock. However, the continued health and growth of plants and lawns depends on factors beyond the Company’s control, including aftercare, weather conditions, pests, and soil quality. Accordingly, the Company cannot guarantee the long-term survival or performance of any living materials once the Services are complete.

12.2 The Customer is responsible for providing appropriate aftercare, such as watering, feeding, and seasonal maintenance, unless separate ongoing maintenance Services are agreed.

13. Insurance

13.1 The Company will maintain suitable public liability insurance and any other insurance required by law in relation to the provision of the Services.

13.2 Evidence of insurance cover may be provided to the Customer on reasonable request.

14. Complaints and Dispute Resolution

14.1 If the Customer has any complaint regarding the Services, the Customer should raise it with the Company as soon as possible so that the Company has an opportunity to investigate and, where appropriate, remedy the issue.

14.2 The Customer should provide clear details of the complaint, including dates, the nature of the problem and any supporting information. The Company will respond within a reasonable timeframe and will seek to resolve the matter fairly.

14.3 If a dispute cannot be resolved through discussion and negotiation, either party may consider using alternative dispute resolution options or pursue any legal remedies available under English law.

15. Data Protection and Privacy

15.1 The Company will handle any personal data provided by the Customer in accordance with applicable data protection legislation in the United Kingdom.

15.2 Personal data will be used for the purposes of managing Bookings, providing Services, processing payments, and communicating with the Customer. The Company may retain records of Services provided as required by law or for legitimate business purposes.

16. Amendments to Terms

16.1 The Company may update or amend these Terms and Conditions from time to time. Any such changes will take effect when published or otherwise notified and will apply to Bookings made after the date of the change.

16.2 The Terms and Conditions applicable to a particular Booking are those in force at the time the Booking is confirmed, unless a change is required by law or regulation.

17. Governing Law and Jurisdiction

17.1 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.

17.2 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, subject to any mandatory rights the Customer may have under consumer protection legislation.

18. General Provisions

18.1 If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable by a court or competent authority, that provision shall be removed or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

18.2 No failure or delay by the Company to exercise any right or remedy under these Terms and Conditions shall constitute a waiver of that or any other right or remedy.

18.3 These Terms and Conditions, together with any specific agreements or written quotations relating to a Booking, constitute the entire agreement between the Company and the Customer in relation to the Services and supersede any prior discussions or understandings.

18.4 The Customer may not assign or transfer their rights or obligations under these Terms and Conditions without the prior consent of the Company. The Company may assign or subcontract its rights and obligations where reasonably necessary to provide the Services, provided that this does not adversely affect the Customer’s rights.