Gardeners Marks Gate Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Marks Gate provides gardening and related services to residential and commercial customers. By making a booking or allowing work to commence, you agree to be bound by these Terms and Conditions. Please read them carefully before confirming any service.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the individual, business, or organisation requesting services from Gardeners Marks Gate.
Company means Gardeners Marks Gate, the provider of gardening and related services.
Services means any gardening, grounds maintenance, landscaping preparation, light outdoor clearance, or related work provided by the Company.
Booking means a confirmed request for Services, whether made by telephone, online, in writing, or in person.
Service Area means the locations in which the Company offers its gardening and maintenance Services, generally focused on Marks Gate and surrounding areas, as determined by the Company from time to time.
2. Scope of Services
The Company provides a range of gardening and outdoor services, which may include lawn care, hedge trimming, planting, pruning, weeding, leaf clearance, general garden tidying, and other similar work. The precise scope of any job will be agreed at the time of Booking and confirmed verbally or in writing.
The Company reserves the right to refuse work that is unsafe, beyond the practical capability of the equipment on site, or outside the usual scope of domestic and light commercial gardening and maintenance work. Where appropriate, the Company may suggest alternative solutions or recommend that the Client seeks specialist services.
3. Booking Process
Bookings can be made by the Client via any method accepted by the Company at the time, which may include telephone or an online form. A Booking is provisional until confirmed by the Company. Confirmation may be by message, call, or other written confirmation.
The Client is responsible for providing accurate information about the garden, access, parking, and any specific requirements or known risks. The Company may request photographs or additional details to assist with estimating the work and allocating appropriate time and personnel.
Any quote given before an initial visit is an estimate only, based on the information provided by the Client. The Company reserves the right to review and adjust the price on arrival if the garden condition, access, or job requirements are significantly different from those described.
The Company may, at its discretion, require a deposit or prepayment to secure a Booking, particularly for larger jobs or for initial visits.
4. Access and Client Obligations
The Client must ensure that safe and reasonable access to the property and garden is available for the duration of the Booking. This includes ensuring that gates are unlocked, access routes are clear, and any entry codes or instructions are provided in good time.
The Client is responsible for securing and removing any valuable or fragile items from areas where the Company will be working. While the Company will take reasonable care, it cannot be held responsible for damage to items left in working areas that should reasonably have been removed or protected by the Client.
The Client must ensure that pets and children are kept away from work areas and equipment for the duration of the visit. The Company may refuse to commence or continue work if it considers that conditions are unsafe for personnel or third parties.
5. Health, Safety, and Weather Conditions
The Company will operate in line with reasonable health and safety practices. If, in the opinion of the Company, weather conditions or on-site hazards make it unsafe or impractical to carry out all or part of the Services, the Company may suspend, modify, or postpone the work.
In cases of severe weather, such as heavy rain, storms, strong winds, or extreme temperatures that would affect safety or the quality of gardening work, the Company may reschedule the Booking to the next available suitable date. The Company will use reasonable efforts to notify the Client of any such changes as soon as practicable.
6. Pricing and Quotations
Prices may be based on an hourly rate, a day rate, a fixed fee per job, or a combination of these, as advised at the time of Booking. All quotations are provided in good faith based on the information and garden condition known at the time.
If additional work is requested by the Client on the day, or if the Company discovers unforeseen issues that require extra time or resources, the Company will inform the Client and agree any revised pricing before proceeding. The Client has the right to decline additional work, in which case the Company will complete only the originally agreed scope where practical.
Unless otherwise agreed, quotes are valid for 30 days from the date issued. The Company reserves the right to update its price list, rates, and minimum charges from time to time.
7. Payments and Invoices
Payment terms will normally be communicated at the time of Booking. Unless agreed otherwise, payment is due immediately upon completion of the Services on the day of the visit.
The Company may accept various payment methods such as bank transfer or card payments, as available at the time. Cash payments may be accepted only if agreed in advance and in line with the Companys policies.
For regular maintenance contracts or commercial Clients, the Company may issue invoices with agreed payment terms. If no specific terms are agreed, payment is due within 7 calendar days of the invoice date.
Where payment is not received by the due date, the Company reserves the right to charge reasonable late payment fees and interest in accordance with applicable UK legislation. The Company may also suspend further Services until all outstanding sums are settled.
8. Cancellations and Rescheduling
The Client may cancel or reschedule a Booking by giving notice to the Company. To avoid a cancellation fee, the Client should provide at least 24 hours notice prior to the scheduled start time, or such longer period as may be specified at the time of Booking for large or full-day jobs.
If the Client cancels or reschedules with less than the required notice, the Company may charge a reasonable cancellation fee. This may be a fixed fee, a percentage of the estimated job value, or the full minimum call-out charge.
If the Company arrives at the property at the agreed time and is unable to gain access, or if the job cannot proceed due to circumstances within the Clients control, this may be treated as a late cancellation and a charge may apply.
The Company reserves the right to cancel or reschedule a Booking due to staff illness, vehicle breakdown, extreme weather, safety concerns, or other circumstances beyond its reasonable control. In such cases, no cancellation fee will be charged to the Client, and the Company will use reasonable efforts to agree a new suitable date.
9. Waste Removal and Environmental Regulations
During gardening work, green waste such as grass cuttings, leaves, branches, and plant material may be generated. The standard service may include collection and tidy stacking of green waste within the Clients garden, for example in a compost area or green bin, if available.
Unless expressly agreed in advance, the Company is not obliged to remove green waste from the site. Where waste removal is requested, an additional charge may apply to cover disposal costs, time, and any required licences. The Company will advise the Client of any such charges before proceeding.
The Company will comply with relevant UK environmental and waste regulations when handling and disposing of garden waste. Where the Company arranges off-site disposal, garden waste will only be taken to authorised facilities or managed in a manner compliant with applicable laws.
The Client is responsible for ensuring that any on-site waste storage facilities, such as council-provided bins, are suitable and that local rules on waste collection are followed. The Company does not accept liability for any rejection or non-collection of bins by local authorities.
10. Property Damage and Liability
The Company will take reasonable care when providing Services to avoid damage to property, fixtures, and fittings. However, minor damage or disturbance may be unavoidable during normal gardening work, such as light marking of lawns from equipment or incidental damage to very fragile plants.
The Client must inform the Company before work starts of any particularly fragile items, underground features, cables, irrigation systems, ponds, or other risks that may not be obvious. The Company cannot accept responsibility for damage to items or features that it was not made aware of and could not reasonably have identified.
To the fullest extent permitted by law, the Companys total liability arising under or in connection with the Services, whether in contract, tort, or otherwise, shall be limited to the total amount paid or payable by the Client for the specific Booking giving rise to the claim.
The Company does not exclude or limit liability for death or personal injury caused by its negligence, for fraud, or for any other liability that cannot lawfully be excluded or limited under UK law.
11. Exclusions of Liability
The Company shall not be liable for any indirect, consequential, or economic loss, including loss of profit, loss of enjoyment, or loss of opportunity, arising out of or in connection with the provision of the Services.
The Company is not liable for any deterioration of plants, lawns, or garden features caused by weather conditions, pests, diseases, soil conditions, watering practices, or factors beyond its reasonable control. Gardening inherently involves natural variation, and results cannot be guaranteed.
The Client remains responsible for ongoing maintenance between visits, including appropriate watering and care of plants, unless the Company has expressly agreed to provide ongoing maintenance and has full control over such tasks.
12. Complaints and Quality of Service
The Company aims to provide a professional and reliable gardening service across its Service Area. If the Client is dissatisfied with any aspect of the Services, they should notify the Company as soon as possible, and in any event within 48 hours of completion of the visit where practical.
The Company will investigate reasonable complaints and, where appropriate, may offer to rectify any issues or provide a partial refund or discount on future work. Any such remedy will be at the Companys discretion and subject to the circumstances of the case.
13. Insurance
The Company will maintain appropriate insurance cover for its gardening operations, including public liability insurance, in line with industry practice. Details of insurance cover can be provided upon request.
14. Data Protection and Privacy
The Company may collect and store basic personal information from the Client, such as name, address, and contact details, for the purposes of arranging and delivering Services, managing bookings, and administering accounts.
The Company will handle Client information in accordance with applicable UK data protection laws and will not sell personal data to third parties. Information may be shared with third parties only where necessary to deliver the Services, comply with legal obligations, or where the Client has given clear consent.
15. Changes to Terms and Conditions
The Company reserves the right to update or amend these Terms and Conditions from time to time. The latest version will apply to all new Bookings. Where practicable, any material changes will be highlighted to regular Clients before their next scheduled visit.
16. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the provision of Services by the Company, shall be governed by and construed in accordance with the laws of England and Wales.
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.
17. Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court or other competent authority, that provision shall be deemed deleted, but the remaining provisions shall continue in full force and effect.
18. Entire Agreement
These Terms and Conditions, together with any written quotation or specific written agreement for Services, constitute the entire agreement between the Client and the Company relating to the Services. No other terms, whether implied by trade, custom, practice, or course of dealing, shall apply unless expressly agreed in writing by the Company.
By proceeding with a Booking or allowing work to commence, the Client confirms that they have read, understood, and agree to these Terms and Conditions for gardening services provided by Gardeners Marks Gate.