Service Terms and Conditions for Gardeners Southborough

These Terms and Conditions set out the basis on which Gardeners Southborough provides gardening and related services to residential and commercial clients. By making a booking, accepting a quotation, or allowing work to begin, you agree to be bound by these Terms and Conditions.

1. Definitions

In these Terms and Conditions, the following expressions have the meanings set out below:

Client means the person, company, or organisation ordering or receiving the services.

Company means Gardeners Southborough, the gardening services provider.

Services means any gardening, grounds maintenance, planting, lawn care, hedge cutting, garden tidying, soft landscaping, or related services provided by the Company.

Site means the garden or outdoor space at which the Services are to be carried out.

Contract means the agreement between the Client and the Company incorporating these Terms and Conditions, any quotation, booking confirmation, and any agreed amendments in writing.

2. Scope of Services

The Company will provide the Services as agreed with the Client during the enquiry and booking process. The specific scope of work, frequency of visits, and any special requirements will be described in the quotation or booking confirmation.

The Company reserves the right to decline work that it considers unsafe, unsuitable, or beyond its expertise, or if carrying out the work would breach relevant laws, regulations, or industry guidance.

3. Booking Process

3.1 Initial enquiry

The Client may contact the Company to request gardening services and provide details of the Site, the required work, and preferred dates or frequency of visits. The Company may request photographs, measurements, or further information to understand the requirements.

3.2 Quotation or estimate

Where possible, the Company will provide a written quotation or estimate for the Services. Quotations are generally based on the information supplied by the Client and any Site visit undertaken by the Company. If the information provided is incomplete or inaccurate, the Company reserves the right to amend or withdraw the quotation.

Unless stated otherwise, quotations remain valid for 30 days from the date of issue. Acceptance of a quotation by the Client, whether verbally or in writing, will create a Contract subject to these Terms and Conditions.

3.3 Recurring maintenance bookings

Where the Client requests regular or ongoing maintenance, the Company will agree a schedule of visits, such as weekly, fortnightly, or monthly attendance. The schedule may be adjusted by mutual agreement to allow for seasonal variations, public holidays, or severe weather conditions.

3.4 One-off bookings

For one-off or seasonal jobs, such as garden clearances or specific projects, the Company will agree a date or time window for the work. Dates and times are given in good faith and are subject to weather, access, and operational constraints. The Company will notify the Client of any necessary changes as soon as reasonably practicable.

4. Access and Client Responsibilities

The Client must provide safe and reasonable access to the Site at the agreed times. This includes ensuring that gates are unlocked or that arrangements have been made for the Company to enter the property, and that pets are secured safely away from the working area.

The Client is responsible for informing the Company of any relevant Site conditions, including underground services, pipes, cables, septic tanks, or other features that might be affected by the Services. The Company will not be liable for damage arising from unknown or undisclosed structures or services.

The Client should remove any personal items, garden furniture, or obstacles that may prevent or delay the Services. If the Site is not ready for the agreed work, the Company may charge for wasted time, additional time spent clearing access, or may reschedule the visit.

5. Materials, Plants, and Garden Products

Where the Company supplies plants, turf, soil, mulch, or other materials, these will be selected with reasonable care and skill, and in accordance with the specification agreed with the Client.

Natural variations in plants and turf are to be expected. The Company cannot guarantee exact colour, size, or growth rate, nor long-term performance, which will depend significantly on weather, soil conditions, and the Client’s aftercare.

Title to any materials supplied by the Company will pass to the Client only upon payment in full of the charges relating to those materials. The Company may remove unfixed or unplanted materials if payment is not received in accordance with these Terms and Conditions.

6. Pricing and Payments

6.1 Pricing basis

The price for the Services will be as set out in the quotation or as agreed with the Client. Prices may be calculated on an hourly rate, a fixed price per visit, or a fixed price for a project.

Any additional work requested by the Client that falls outside the original scope of the Contract may be chargeable and will be agreed in advance where reasonably possible.

6.2 Deposits

The Company may require a deposit before commencing certain works, particularly for larger projects or where substantial materials must be purchased in advance. Deposits are payable by the date specified by the Company and are generally non-refundable once materials have been ordered, save as required by law.

6.3 Invoicing and payment terms

The Company will issue invoices in accordance with the agreed schedule, which may be per visit, monthly, on stage completion, or on completion of the project. Unless otherwise agreed, invoices are payable within 7 calendar days of the invoice date.

Payment must be made using one of the methods accepted by the Company, as advised during the booking process or on the invoice. Cash payments, where accepted, should be made directly to the Company and not left unattended on the Site.

6.4 Late payment

If the Client fails to pay any invoice by the due date, the Company reserves the right to suspend further work, cancel future visits, and charge interest on the overdue amount at the maximum rate permitted by law until payment is received in full.

7. Cancellations and Amendments

7.1 Client cancellations

The Client may cancel or reschedule a regular maintenance visit or one-off booking by giving at least 48 hours notice prior to the scheduled start time. Cancellations or rescheduling requests should be communicated directly to the Company.

If less than 48 hours notice is given, the Company reserves the right to charge a cancellation fee of up to 50 percent of the estimated value of the visit, or a minimum call-out fee, to cover lost time and scheduling costs.

For larger projects requiring special materials or significant preparation, alternative cancellation terms may be specified in the quotation. Where materials have already been purchased or delivered, the Client will remain responsible for those costs, subject to any statutory rights.

7.2 Company cancellations

The Company may cancel or postpone a visit due to severe weather, illness, access problems, safety concerns, or operational reasons. The Company will endeavour to give as much notice as reasonably practicable and to offer a new date at the earliest mutually convenient time. The Company will not be liable for any indirect loss or costs arising from such cancellations.

7.3 Amendments to the scope of work

Any changes to the agreed scope of work must be agreed between the Client and the Company. The Company may adjust the price and timescales accordingly and will inform the Client of any such adjustments before proceeding.

8. Waste Handling and Environmental Regulations

8.1 Green waste removal

Where agreed, the Company will remove green garden waste such as grass cuttings, leaves, prunings, and non-invasive plant material generated as part of the Services. The cost of waste removal and disposal will be included in the quotation or charged separately as specified.

If the Client prefers to keep green waste on Site for composting or other use, this must be agreed in advance. The Company will not be responsible for any subsequent issues arising from the storage or handling of such waste.

8.2 Non-green waste

The Company is not obliged to remove non-green waste such as rubble, metal, plastics, household rubbish, or hazardous materials unless expressly agreed in writing. Additional charges may apply for the removal and lawful disposal of such items, and the Company reserves the right to refuse to handle materials it considers dangerous or inappropriate.

8.3 Compliance with regulations

The Company will handle and dispose of waste in accordance with relevant waste management and environmental regulations. The Client must not request or require the Company to dispose of waste in any unlawful manner. If the Company reasonably believes that a request would breach such regulations, it will refuse and may terminate the Contract if necessary.

9. Health, Safety, and Site Conditions

The Company will take reasonable steps to carry out the Services safely, using appropriate tools and equipment, and following relevant health and safety guidance. The Client must inform the Company of any known hazards on the Site, including uneven ground, unsafe structures, or potentially dangerous animals.

The Company may withdraw from the Site or suspend work if it considers that conditions are unsafe, including extreme weather such as high winds, lightning, or severe ice. In such cases, the visit may be rescheduled, and the Company will discuss any implications for pricing with the Client.

10. Liability and Limitations

The Company will use reasonable care and skill in providing the Services. If the Client believes that work has been carried out negligently or not in accordance with the Contract, the Client must notify the Company as soon as reasonably practicable and in any event within a reasonable time of becoming aware of the issue. The Company will investigate and, where appropriate, may offer to rectify the work.

The Company will not be liable for:

Loss or damage arising from inaccurate or incomplete information provided by the Client, including failure to disclose underground services or site hazards.

Deterioration of plants, turf, or other living materials due to weather events, pests, diseases, or inadequate aftercare once responsibility has passed to the Client.

Indirect or consequential losses, including loss of enjoyment, loss of use, or loss of profit.

Normal wear and tear, or minor damage to lawns or surfaces reasonably incidental to the carrying out of the Services.

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

11. Complaints and Dispute Resolution

The Company aims to provide a professional and reliable service. If the Client is dissatisfied with any aspect of the Services, the Client should raise the matter with the Company at the earliest opportunity so that it can be investigated and addressed.

The Client should provide clear details of the concern, including dates, times, and, where relevant, photographs. The Company may request access to the Site to inspect the work. Where a complaint is upheld, the Company may, at its discretion, offer to re-perform the Services, provide a partial refund, or agree another form of resolution.

12. Data Protection and Privacy

The Company will collect and use personal information about the Client, such as name, address, and contact details, for the purposes of providing the Services, managing bookings, issuing invoices, and maintaining records of the work carried out.

The Company will take reasonable steps to keep such information secure and will not sell personal data to third parties. Information may be shared with third parties only where necessary for the provision of the Services, for compliance with legal obligations, or with the Client’s consent.

13. Changes to These Terms and Conditions

The Company may update these Terms and Conditions from time to time to reflect changes in law, industry practices, or the way the Company operates. The version in force at the time of booking will apply to that Contract. Updated terms may be made available to Clients for future bookings.

14. Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or in connection with them, or with the Services, shall be governed by and construed in accordance with the laws of England and Wales.

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 provided by the Company.

15. General Provisions

If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from the remaining provisions, which shall continue in full force and effect.

No failure or delay by the Company in exercising any right or remedy shall constitute a waiver of that or any other right or remedy. The Client may not assign or transfer the Contract or any rights under it without the prior written consent of the Company.

These Terms and Conditions, together with any quotation or written agreement, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any previous understandings, communications, or representations, whether oral or written.