Gardeners Harold Hill Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Harold Hill provides gardening and related services to residential and commercial clients. By making a booking, confirming a quote, or allowing our gardeners access to your property, you agree to be bound by these Terms and Conditions.
If you do not agree with any part of these Terms and Conditions, you should not proceed with a booking or use our services.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the individual, company, or organisation purchasing services from Gardeners Harold Hill.
Company, we, our, us means Gardeners Harold Hill.
Services means gardening, garden clearance, lawn care, hedge cutting, planting, maintenance, and any related services provided by the Company.
Property means the domestic or commercial premises at which the Services are to be carried out.
Booking means a confirmed request by the Client for the Company to provide Services at an agreed time and date.
2. Scope of Services
2.1 The Company provides a range of gardening services, including but not limited to routine garden maintenance, one-off tidy ups, lawn care, hedge trimming, pruning, planting, clearance of garden waste, and seasonal gardening work.
2.2 The exact scope of the Services for each Booking will be agreed with the Client in advance, either through a written quote, a booking confirmation, or a schedule of regular maintenance.
2.3 Any additional work requested by the Client on the day of service may be carried out at the Company’s discretion and will be charged in accordance with our current rates or as otherwise agreed with the Client.
2.4 The Company does not undertake structural landscaping, major tree surgery, or works that require specialist licences, unless this has been expressly agreed in writing in advance.
3. Booking Process
3.1 Clients may request a quote or arrange a Booking by contacting the Company through its advertised communication channels.
3.2 Bookings are subject to availability and are not confirmed until the Company has provided a confirmation of the appointment date, estimated duration, and any applicable charges.
3.3 The Client is responsible for providing full and accurate information about the Property and the work required, including access arrangements, parking restrictions, and any known risks or hazards.
3.4 The Company reserves the right to decline a Booking, or to cancel a Booking where information given by the Client is incomplete, misleading, or where it would be unsafe or unsuitable to carry out the Services.
3.5 For regular maintenance services, the Company may agree a recurring schedule. Such arrangements will continue until cancelled in accordance with these Terms and Conditions.
4. Access, Parking and Site Conditions
4.1 The Client must ensure safe and adequate access to the Property at the agreed time. If access is not available or is significantly delayed due to the Client, the Company may charge a call-out fee or treat the appointment as cancelled by the Client.
4.2 The Client is responsible for providing or arranging suitable parking for the Company’s vehicle as close as reasonably possible to the Property. Any parking charges or penalties arising from inadequate information or restrictions not disclosed by the Client may be charged to the Client.
4.3 The Client must ensure that the garden or area where Services are to be carried out is reasonably clear of obstructions, pet waste, and personal items. The Company may refuse to work in areas that present health or safety risks, or may charge additional time for clearing such items where appropriate.
4.4 The Client must inform the Company in advance of any underground cables, pipes, or fixtures, as well as any fragile features or structures that may be affected by gardening work. The Company accepts no liability for damage to items not disclosed or reasonably visible.
5. Quotes, Pricing and Payment Terms
5.1 The Company may provide either a fixed-price quote for specified work or an estimate based on an hourly or daily rate, depending on the type of job and available information.
5.2 Quotes are based on the information supplied and are valid for a limited period as specified by the Company. If the nature or extent of the work differs from that initially described, the Company reserves the right to adjust the quoted price accordingly.
5.3 Unless agreed otherwise, payment is due on completion of the Services for one-off work, and after each visit or in accordance with an agreed invoicing schedule for regular maintenance.
5.4 The Company accepts payment by commonly used consumer and business methods, as specified by the Company from time to time. Cash payments, where accepted, must be made directly to the gardener or representative of the Company and a receipt should be requested by the Client.
5.5 Invoices are payable by the due date stated on the invoice. The Company reserves the right to charge interest on overdue amounts at the statutory rate, and to suspend further services until outstanding sums are settled in full.
5.6 All prices are stated in pounds sterling and are inclusive or exclusive of any applicable taxes as indicated by the Company at the time of booking.
6. Cancellations, Rescheduling and Delays
6.1 The Client may cancel or reschedule a Booking by giving the notice specified by the Company at the time of booking, typically at least 24 hours before the scheduled appointment time.
6.2 Where the Client provides less than the required notice, the Company may charge a cancellation fee, which may be a fixed amount or a proportion of the agreed service charge.
6.3 If the Client is not present at the Property at the agreed time, and access has not been pre-arranged, the Company may treat the Booking as cancelled and charge a cancellation or call-out fee.
6.4 The Company reserves the right to cancel or reschedule a Booking in case of severe weather, staff illness, vehicle breakdown, or other circumstances beyond its reasonable control. In such cases, the Company will offer an alternative appointment date as soon as reasonably practicable.
6.5 The Company is not liable for any loss or inconvenience suffered by the Client as a result of cancellation or delay, provided that the Company has acted reasonably and promptly informed the Client.
7. Client Obligations and Responsibilities
7.1 The Client must provide accurate information and cooperate with the Company so that the Services can be delivered safely and efficiently.
7.2 The Client is responsible for securing pets, children, and any vulnerable persons while work is being carried out, and for ensuring that no unauthorised person interferes with tools, machinery, or work areas.
7.3 The Client must not request or permit any gardener or representative of the Company to carry out work that is unsafe, unlawful, or outside the agreed scope of Services.
7.4 Any instructions or variations provided to the gardeners on site must not conflict with these Terms and Conditions. Where there is a conflict, these Terms and Conditions will prevail.
8. Waste Handling and Environmental Regulations
8.1 Garden waste generated during the provision of Services may include grass cuttings, branches, leaves, soil, plants, and other organic material, as well as limited quantities of non-organic waste where agreed.
8.2 The Company will manage and dispose of garden waste in accordance with applicable waste management and environmental regulations. This may include on-site composting where suitable, or removal from the Property for lawful disposal.
8.3 Unless expressly included within the quote or booking, removal of garden waste from the Property may incur an additional charge based on volume, weight, and disposal costs.
8.4 The Client may choose to retain garden waste at the Property for their own use. In such cases, the Company will, where practical, place waste in a designated area or in the Client’s garden waste containers, as agreed.
8.5 The Company does not remove hazardous waste, including but not limited to asbestos, chemicals, contaminated soil, or sharp or medical waste. If such waste is encountered, the Company may suspend work until it has been safely removed by the Client.
9. Tools, Equipment and Materials
9.1 The Company will normally provide its own tools and equipment necessary to perform the Services. All equipment remains the property of the Company.
9.2 Where specific materials, such as plants, turf, soil, mulch, or fertilisers, are supplied by the Company, these will be charged at the agreed rate. The Company may require prepayment for certain materials.
9.3 If the Client provides any materials, plants, or equipment, the Company accepts no responsibility for their quality or suitability, and any resulting issues will be at the Client’s own risk.
10. Liability and Insurance
10.1 The Company will exercise reasonable care and skill in providing the Services and will take reasonable steps to avoid damage to the Property.
10.2 The Company maintains appropriate public liability insurance in respect of its gardening activities. Details may be provided upon request.
10.3 To the fullest extent permitted by law, the Company is not liable for:
a. Any indirect or consequential loss, including loss of enjoyment, loss of profit, or loss of opportunity.
b. Damage arising from pre-existing defects, structural weaknesses, hidden obstructions, or the failure of materials not supplied by the Company.
c. Damage to plants, lawns, or garden features where the Company has acted in accordance with best practice and the information available at the time.
10.4 The Company’s total liability for any claim arising out of or in connection with the Services, whether in contract, tort, or otherwise, shall not exceed the total amount paid or payable by the Client for the Services giving rise to the claim.
10.5 Nothing in these Terms and Conditions excludes or limits the Company’s liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot lawfully be excluded or limited.
11. Complaints and Service Issues
11.1 If the Client is dissatisfied with any aspect of the Services, the Client should notify the Company as soon as possible, ideally within 48 hours of the work being carried out.
11.2 The Company will investigate complaints promptly and, where appropriate, may arrange a revisit to inspect the work. If the complaint is justified, the Company may offer to rectify the issue or provide a partial refund, at its discretion.
11.3 The Client must allow the Company a reasonable opportunity to address any concerns before arranging third-party remedial work. The Company is not responsible for the cost of remedial work carried out by others without its prior written consent.
12. Force Majeure
12.1 The Company shall not be in breach of these Terms and Conditions or liable for delay in performing, or failure to perform, any of its obligations where such delay or failure results from events, circumstances, or causes beyond its reasonable control. These may include extreme weather, flooding, storms, accidents, illness, strikes, or transport disruptions.
12.2 In such circumstances, the Company will contact the Client as soon as reasonably practicable to rearrange the Services.
13. Privacy and Data Protection
13.1 The Company collects and processes personal data, such as names, addresses, and contact details, for the purpose of managing bookings, providing Services, and administering accounts.
13.2 The Company will handle personal data in accordance with applicable data protection laws, and will not sell or share personal data with unrelated third parties except where required for legitimate business purposes or by law.
13.3 The Client is responsible for ensuring that any personal data they provide to the Company about third parties, such as tenants or neighbours, is provided lawfully and with appropriate consent where required.
14. Termination of Ongoing Services
14.1 For regular or ongoing maintenance arrangements, either party may terminate the agreement by giving reasonable notice, typically at least 14 days, unless otherwise agreed.
14.2 The Company may terminate or suspend services with immediate effect if the Client fails to pay amounts due, behaves abusively or threateningly towards staff, or otherwise seriously breaches these Terms and Conditions.
14.3 On termination, the Client must pay for all Services provided up to the date of termination, including any materials ordered specifically for the Client that cannot reasonably be cancelled.
15. Amendments to Terms and Conditions
15.1 The Company may update or amend these Terms and Conditions from time to time. The most recent version will apply to new Bookings and to ongoing services after notification to the Client.
15.2 If changes are significant and affect ongoing regular services, the Company will give the Client reasonable notice. Continued use of the Services after such notice 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 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, whether of a contractual or non-contractual nature.
17. General Provisions
17.1 If any provision of these Terms and Conditions is held by a court or other competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. The remaining provisions shall remain in full force and effect.
17.2 No failure or delay by the Company in exercising any right or remedy under these Terms and Conditions shall constitute a waiver of that or any other right or remedy.
17.3 The Client may not assign or transfer any of their rights or obligations under these Terms and Conditions without the prior written consent of the Company. The Company may assign or transfer its rights and obligations where reasonably necessary for business purposes, provided that this does not reduce the protections afforded to the Client under these Terms and Conditions.
By proceeding with a booking or allowing our gardeners to carry out work at your Property, you confirm that you have read, understood, and agree to these Terms and Conditions.