Gardeners Kings Cross Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Kings Cross provides gardening and related services to residential and commercial clients. By booking or receiving any services, you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the person, firm or company purchasing services from Gardeners Kings Cross.
Company means Gardeners Kings Cross and any authorised representatives or subcontractors engaged to deliver the services.
Services means gardening, garden maintenance, lawn care, planting, clearance, garden tidying, hedge trimming, pruning, soft landscaping, and any other services agreed between the Client and the Company.
Site means the garden, outdoor space, or other premises at which the Services are to be carried out.
Agreement means the contract between the Client and the Company incorporating these Terms and Conditions.
2. Scope of Services
The Company will provide Services as described in the booking confirmation or any written quotation accepted by the Client. Typical services include general garden maintenance, lawn mowing, planting, weeding, hedge and shrub care, seasonal tidy-ups, and garden waste handling in accordance with applicable regulations.
Any additional services requested on the day of attendance are subject to availability and may incur additional charges. The Company reserves the right to decline additional work not previously agreed.
3. Booking Process
3.1 Bookings may be made by the Client through the Companys designated booking channels. By placing a booking, the Client confirms that they are at least 18 years of age and legally capable of entering into binding contracts.
3.2 The Client is responsible for providing accurate information about the Site, access arrangements, parking availability, and the type and approximate size of the garden or outdoor area. If the information provided is incomplete or inaccurate, the Company may amend the quotation or cancel the visit.
3.3 A booking is not confirmed until the Client has received explicit confirmation from the Company. The Company may require acceptance of a written quotation before confirming a booking, particularly for larger or ongoing maintenance projects.
3.4 For regular maintenance visits, the Company may agree a recurring schedule. Such visits will continue until cancelled in accordance with these Terms and Conditions.
4. Quotations and Pricing
4.1 Any quotation provided by the Company is based on the information supplied by the Client and, where applicable, a site assessment. Quotations are normally valid for a limited period as specified by the Company and may be subject to change after that time.
4.2 Pricing may be based on hourly rates, fixed project fees, or a combination of both. The Company will explain the charging structure at the time of booking or within the written quotation.
4.3 If the condition of the garden, access, or scope of work differs from what was described or reasonably anticipated, the Company reserves the right to amend the price, reduce the scope of work, or cancel the booking before or during the visit. Any changes to price will be discussed with the Client as soon as reasonably practicable.
5. Access, Parking and Client Obligations
5.1 The Client must ensure that the Company has safe and reasonable access to the Site at the agreed time. This includes clear access to gates, paths, and areas where gardening work is to be carried out.
5.2 The Client is responsible for arranging suitable parking where necessary and for covering any parking charges or access fees unless otherwise agreed in writing.
5.3 The Client must ensure that pets, children, and other persons are kept away from the work area during the provision of Services, particularly when tools, machinery, or chemicals are in use.
5.4 The Client must inform the Company of any known hazards at the Site, including uneven ground, hidden cables or pipes, ponds, unstable structures, or other risks. The Company may refuse to carry out work it considers unsafe.
6. Health and Safety
6.1 The Company will carry out the Services with reasonable skill and care and in accordance with applicable health and safety requirements.
6.2 The Company may suspend or modify the Services if weather conditions or other factors make it unsafe or unreasonable to proceed, including heavy rain, storms, extreme temperatures, or poor visibility.
6.3 The Client must not ask the Company to undertake any task that could reasonably be considered unsafe or outside the normal scope of professional gardening work.
7. Payments and Invoicing
7.1 Charges are payable by the Client in accordance with the payment terms communicated at the time of booking or set out in the quotation or invoice.
7.2 The Company may require a deposit for certain works, including large or multi-day projects, the purchase of plants or materials, and initial visits for ongoing maintenance schedules. Deposits are generally non-refundable once materials have been ordered or specific arrangements made.
7.3 Unless otherwise agreed, payment for one-off visits is due on completion of the Services on the same day. For recurring services or larger projects, the Company may issue invoices which must be paid within the stated payment period.
7.4 If payment is not received by the due date, the Company reserves the right to charge interest on overdue amounts and to suspend further Services until full payment has been made.
7.5 All prices are stated in pounds sterling and are exclusive or inclusive of any applicable taxes as specified by the Company.
8. Cancellations and Amendments
8.1 The Client may cancel or amend a booking by giving the notice period specified by the Company at the time of booking. As a general guideline, at least 24 to 48 hours notice is required for standard appointments, and a longer period may apply for larger or multi-day projects.
8.2 If the Client cancels or reschedules with insufficient notice, the Company may charge a cancellation fee, which may be a fixed amount or a percentage of the quoted price or minimum call-out charge.
8.3 Where the Company has purchased materials or plants specifically for the Clients project, the Client may be liable for the cost of such items if the booking is cancelled after orders have been placed.
8.4 The Company reserves the right to cancel or reschedule a booking due to unforeseen circumstances, including illness, equipment failure, adverse weather, or other events beyond its reasonable control. In such cases, the Company will offer an alternative appointment time where possible.
9. Garden Waste and Environmental Regulations
9.1 The Company aims to handle garden waste in a responsible manner and in accordance with relevant waste and environmental regulations.
9.2 Unless otherwise agreed, the standard service may include collecting and bagging garden waste such as grass cuttings, leaves, and pruned material, leaving it neatly on Site for disposal by the Client.
9.3 If the Client requests removal of garden waste from the Site, additional charges may apply. The Company will explain any such charges before or during the booking process.
9.4 Certain types of waste, such as soil, rubble, large tree trunks, or hazardous materials, may not be included in standard waste clearance services. The Company may decline to remove such items or arrange separate waste removal subject to additional fees.
9.5 The Client is responsible for ensuring that any waste left on Site for collection by local services is placed and stored in accordance with local authority rules and regulations.
10. Use of Plants, Materials and Existing Structures
10.1 Where the Company supplies plants, turf, or other materials, it will use reputable suppliers and take reasonable care to select items suitable for the intended purpose and conditions.
10.2 The long-term health and performance of plants and lawns depend on ongoing maintenance, watering, soil conditions, weather, pests, and other factors beyond the Companys control. As such, the Company cannot guarantee the survival or growth of plants once the initial work is completed, unless expressly agreed in writing.
10.3 If the Client provides their own materials, plants, or equipment, the Company accepts no responsibility for their quality or suitability and any resulting issues.
10.4 The Client is responsible for the condition and stability of existing structures such as sheds, fences, walls, and patios. The Company will take reasonable care when working near such structures but will not be liable for pre-existing faults or damage that arises from inherent defects or deterioration.
11. Liability and Limitations
11.1 The Company will perform the Services with reasonable skill and care. If the Client believes the Services have not been provided in accordance with the Agreement, they must notify the Company as soon as reasonably practicable, and in any event within a reasonable period after completion of the work.
11.2 Where a complaint is justified, the Company may, at its discretion, re-perform the Services, offer a partial refund, or take other reasonable steps to remedy the issue.
11.3 The Companys liability to the Client for any loss or damage arising under or in connection with the Agreement, whether in contract, tort, or otherwise, is limited to the total amount paid or payable by the Client for the specific Services giving rise to the claim.
11.4 The Company is not liable for any indirect, consequential or economic losses including loss of profits, loss of enjoyment, loss of use, or loss of opportunity.
11.5 Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded or limited under the laws of England and Wales.
12. Damage to Property
12.1 The Company will take reasonable care to avoid damage to property, including lawns, plants, paving, and structures. Some incidental disturbance may occur as part of normal gardening activities, particularly during clearance or landscaping work.
12.2 The Client must remove or secure any fragile items, garden ornaments, or valuables from the work area before the Services commence. The Company is not responsible for damage to items that were not reasonably visible or were left in vulnerable positions.
13. Force Majeure
13.1 The Company will not be liable for any failure to perform or delay in performing its obligations under the Agreement where such failure or delay results from events beyond its reasonable control. These events may include severe weather, flooding, fire, accidents, acts of government, transport disruptions, strikes, or other unforeseen circumstances.
13.2 In such cases, the Company may suspend the Services for the duration of the event or, if necessary, cancel the Agreement without liability, subject to refunding any fees paid for services not yet delivered.
14. Termination of Ongoing Services
14.1 For recurring maintenance agreements, either party may terminate by giving the notice period agreed at the outset or, if none is specified, by giving reasonable written notice.
14.2 The Company may terminate or suspend ongoing Services if the Client fails to pay any amount when due, breaches these Terms and Conditions, or behaves in a manner that is abusive or unsafe towards the Companys staff or contractors.
15. Privacy and Data Protection
15.1 The Company will handle any personal information provided by the Client in accordance with applicable data protection laws and use it only for the purpose of managing bookings, providing Services, processing payments, and related administration.
15.2 The Client is responsible for ensuring that any personal data they provide is accurate and up to date.
16. Amendments to these Terms
16.1 The Company may update these Terms and Conditions from time to time. The version in force at the time of booking will normally apply to that booking.
16.2 Any significant changes will be made available through the Companys usual communication channels. Continued use of the Services after notification of updated terms may constitute acceptance of those changes.
17. Governing Law and Jurisdiction
17.1 These Terms and Conditions, and any dispute arising in connection with them or the provision of the Services, shall be governed by and construed in accordance with the laws of England and Wales.
17.2 The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these Terms and Conditions or their subject matter.
18. General Provisions
18.1 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.
18.2 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.
18.3 The Agreement is between the Client and the Company. No other person shall have any rights to enforce its terms.
By proceeding with a booking or allowing the Company to commence work, the Client confirms that they have read, understood, and agree to these Terms and Conditions for the provision of gardening services.