Gardeners Fortis Green Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Fortis Green provides gardening and related services to residential and commercial clients in the United Kingdom. By making a booking or allowing our gardeners to commence work at your premises, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

1. Definitions

In these Terms and Conditions, the following expressions shall have the following meanings:

Client means the individual, company, or organisation requesting the services of Gardeners Fortis Green.

Company means Gardeners Fortis Green, the gardening services provider.

Services means the gardening and related services to be provided by the Company, including but not limited to garden maintenance, lawn care, hedge trimming, planting, garden tidy-ups, soft landscaping, and other services agreed between the Company and the Client.

Premises means the property, garden, or outdoor area where the Services are to be carried out.

Contract means the agreement between the Company and the Client for the supply of Services, comprising these Terms and Conditions and any written or verbal confirmation of the booking.

2. Scope of Services

The Company will provide gardening and related services as agreed at the time of booking and set out in any written confirmation or schedule. The scope of Services may include one-off visits or regular maintenance, as specified by the Client.

Any additional work or variations requested by the Client that fall outside the original scope may be subject to separate charges and may require a revised booking or quotation.

3. Booking Process

3.1 Enquiries and quotations

Clients may request information or a quotation for Services by contacting the Company. Quotations may be provided based on the Client's description, photographs, or an on-site visit, where appropriate. All quotations are given in good faith but are estimates only. If, upon arrival at the Premises, the work required is significantly different from the Client's description, the Company reserves the right to amend the quotation or decline the work.

3.2 Making a booking

A booking is made when the Client confirms their acceptance of the quotation, price, or hourly rate and the Company confirms the appointment date and time. Confirmation may be given verbally or in writing. By confirming a booking, the Client agrees to these Terms and Conditions.

3.3 Access to the Premises

The Client must ensure that the Company and its gardeners have clear and safe access to the Premises on the agreed date and time. This includes access through gates, communal areas, and any security systems that might otherwise prevent access. If the team cannot gain access and the work cannot proceed, this may be treated as a late cancellation and charges may apply.

4. Pricing and Payment Terms

4.1 Pricing

The Company may charge for Services either on a fixed-price basis or an hourly rate, as agreed with the Client at the time of booking. Prices are given in pounds sterling and may be subject to any applicable taxes.

Where Services are charged on an hourly basis, the minimum charge and any subsequent increments will be specified at the time of booking. Time spent assessing the site, preparing equipment, and clearing up after the work is completed may be included in the chargeable time.

4.2 Materials and additional costs

The cost of plants, soil, turf, consumables, and other materials may be charged separately from labour. Any parking fees, congestion charges, or similar costs reasonably incurred in carrying out the Services may also be added to the invoice, where applicable and previously discussed with the Client.

4.3 Payment terms

Payment is due on completion of the Services, unless otherwise agreed in advance. For ongoing or regular maintenance contracts, the Company may issue invoices periodically, such as weekly or monthly, according to the agreement with the Client.

Accepted methods of payment will be communicated by the Company and may include bank transfer, card payment, or other non-cash methods. Payment must be made in full by the due date shown on the invoice.

4.4 Late payment

If the Client fails to make payment by the due date, the Company reserves the right to charge interest on the overdue amount at a reasonable rate and may suspend or cancel future bookings until all outstanding sums are paid. The Company may also take reasonable steps to recover unpaid debts, including the use of debt collection agencies or legal action, and the Client may be liable for any associated costs.

5. Cancellations, Rescheduling, and Access

5.1 Client cancellations

The Client may cancel or reschedule a booking by giving the Company reasonable notice. Unless otherwise agreed, at least 24 hours notice prior to the scheduled appointment is required to avoid a cancellation fee.

If the Client cancels or reschedules with less than 24 hours notice, or fails to provide access to the Premises at the agreed time, the Company may charge a cancellation fee, which may be up to the full amount of the scheduled visit, depending on the circumstances and any costs incurred.

5.2 Company cancellations

The Company will use reasonable endeavours to attend bookings on the agreed date and time. However, the Company reserves the right to cancel or reschedule appointments due to factors beyond its control, including severe weather, staff illness, vehicle breakdown, safety concerns, or unforeseen operational issues.

In such cases, the Company will notify the Client as soon as reasonably practicable and arrange an alternative appointment. The Company will not be liable for any loss or inconvenience resulting from such cancellations or delays, provided reasonable efforts are made to reschedule.

5.3 Inclement weather and safety

Some Services may be unsafe or impractical to carry out in adverse weather conditions. The Company may suspend or adapt the work if weather conditions present a risk to staff, property, or the quality of the work. Any necessary rescheduling will be agreed with the Client.

6. Client Responsibilities

The Client is responsible for ensuring the Premises are in a condition that allows the Services to be carried out safely and efficiently.

This includes:

Ensuring pets, children, and other persons are kept away from working areas and equipment.

Informing the Company of any hazards, such as uneven surfaces, hidden cables, sharp objects, or known issues with soil or plants.

Pointing out any features to be preserved, protected, or avoided, such as valuable plants, underground utilities, irrigation systems, or garden ornaments.

The Client is also responsible for complying with any relevant property management or landlord rules relating to gardening works at the Premises.

7. Waste Removal and Environmental Regulations

7.1 Green waste

During the provision of Services, the Company may generate green waste such as grass cuttings, branches, leaves, and plant material. The method of disposal will be agreed with the Client before work starts.

Options may include:

Using the Client's own garden waste bin, compost heap, or designated area at the Premises.

Bagging or piling green waste neatly on-site for the Client to arrange disposal.

Removing green waste from the Premises for disposal or recycling, which may incur additional charges depending on volume and disposal fees.

7.2 Non-green waste

The Company is not licensed to remove certain types of waste, such as builder's rubble, household rubbish, hazardous materials, or electrical items. Any such waste must be removed or managed by the Client using an appropriate waste carrier or local authority services.

7.3 Compliance with laws

The Company will take reasonable care to dispose of green waste in accordance with applicable environmental and waste regulations. The Client agrees not to request or require the Company to dispose of waste unlawfully or in a manner that breaches regulations or local requirements.

8. Standards of Service and Guarantees

The Company aims to deliver Services with reasonable care and skill, consistent with professional standards for gardening work.

If the Client is dissatisfied with any aspect of the work, they must notify the Company promptly, ideally within 48 hours of completion, and provide details and, where possible, photographs of the issue. The Company will review the matter and, where appropriate, may arrange a revisit to address any reasonable concerns.

Living materials such as plants, turf, and seeds are subject to environmental conditions beyond the Company's control, including weather, pests, diseases, watering, and maintenance carried out by the Client. Accordingly, the Company cannot guarantee the long-term survival, growth, or appearance of plants or lawns once the work has been completed and handed over to the Client.

9. Liability and Limitations

9.1 Property and personal injury

The Company will take reasonable care to avoid damage to property and to ensure the safety of its staff, the Client, and other persons present at the Premises during the provision of Services.

However, the Company shall not be liable for:

Any pre-existing damage, defects, or weaknesses in the Premises, structures, or garden features.

Damage arising from the normal use of gardening tools and equipment where reasonable care has been taken.

Any indirect, consequential, or purely economic loss arising from the provision of the Services.

Nothing in these Terms and Conditions limits or excludes the Company's liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot be excluded or limited under UK law.

9.2 Client instructions

If the Client insists on a particular method of working or instructs the Company to carry out work that the Company has advised against, the Client accepts responsibility for any resulting damage or issues, to the extent permitted by law.

9.3 Force majeure

The Company shall not be liable for any delay or failure to perform its obligations where such delay or failure is due to events beyond its reasonable control, including but not limited to extreme weather, natural disasters, strikes, accidents, breakdowns, or changes in law or regulation.

10. Insurance

The Company will maintain appropriate public liability insurance for the nature of the gardening Services it provides. Details of insurance cover can be made available to the Client on reasonable request.

11. Complaints and Disputes

If the Client has a complaint regarding the Services, they should contact the Company at the earliest opportunity, providing details of the issue and any supporting evidence.

The Company will aim to investigate complaints promptly and to communicate its findings and any proposed resolution to the Client. Both parties agree to act reasonably and in good faith in seeking to resolve any disputes arising out of or in connection with the Contract and these Terms and Conditions.

12. Changes to Bookings and Terms

12.1 Changes to bookings

Any changes to the scope, timing, or nature of the Services must be agreed between the Client and the Company. Changes may affect the price and duration of the work.

12.2 Changes to Terms and Conditions

The Company reserves the right to update or amend these Terms and Conditions from time to time. The version in force at the time of booking will apply to that booking, unless the Client is notified of changes and continues to use the Services.

13. Privacy and Data

The Company may collect and store basic personal information about the Client, such as name, address, and contact details, for the purposes of managing bookings, providing Services, and issuing invoices.

The Company will handle such data in a lawful and responsible manner and will not sell personal data to third parties. Data may be shared with service providers such as accounting or payment processing providers where necessary to deliver the Services and manage the business.

14. Governing Law and Jurisdiction

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.

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 Contract.

15. Severability and Entire Agreement

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

These Terms and Conditions, together with any written or verbal confirmation of the booking and any agreed quotation or schedule, constitute the entire agreement between the Company and the Client in relation to the Services, and supersede any prior understandings or representations, whether oral or written.

By booking or receiving Services from Gardeners Fortis Green, the Client confirms their acceptance of these Terms and Conditions.