Gardeners Bankside Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Bankside provides gardening and related services to residential and commercial clients. By making a booking, accepting a quotation, or allowing our gardeners to commence work, you agree to be bound by these Terms and Conditions in full.
1. Definitions and Interpretation
In these Terms and Conditions, the following expressions have the meanings set out below.
Client means the person, business, or organisation requesting or receiving services from Gardeners Bankside.
Company means Gardeners Bankside, the gardening services provider.
Services means any gardening, garden maintenance, soft landscaping, clearance, planting, lawn care, hedge cutting, pruning, or related services supplied by the Company to the Client.
Booking means a confirmed appointment for Services, whether agreed verbally, in writing, or via an online booking form or message.
Quotation means a price estimate or proposal supplied by the Company for specific Services, which may be subject to change as set out in these Terms and Conditions.
Waste means any green, organic, soil, turf, plant, timber, or general garden waste generated as a result of the Services.
2. Scope of Services
The Company provides a range of gardening and garden maintenance services within its usual service area. Service availability may vary depending on location, access, safety conditions, and staffing levels. The Company reserves the right to decline work that is unsafe, unlawful, or beyond its professional expertise or equipment capacity.
The exact scope of Services for each Booking will be as agreed between the Client and the Company, either by written quotation, written confirmation, or verbal agreement confirmed before work starts. It is the Client’s responsibility to ensure that the description of Services and any drawings, measurements, or instructions they provide are accurate and complete.
3. Booking Process
3.1 Making a booking
A Booking is made when the Client requests Services and the Company confirms the date, time, and nature of the work. Confirmation may be provided verbally, in writing, or via a confirmed online booking or message. The Company may require photographs, measurements, or further information before confirming a Booking.
3.2 Provisional bookings
Where a date is offered but not confirmed by the Client, the Company may treat this as a provisional booking and reserves the right to offer the slot to another Client. A Booking will only be treated as confirmed once the Company has sent confirmation and, where applicable, any requested deposit has been received.
3.3 Access to the property
The Client must ensure safe and reasonable access to the garden or outdoor area at the agreed time. If access is not available on arrival, the Company may charge a call-out fee or the minimum service charge to cover travel and lost time. If keys, fobs, or codes are required, the Client must provide these in advance and ensure they are valid and in working order.
3.4 Attendance and time slots
The Company aims to attend at the agreed time but some flexibility may be required due to traffic, weather, or delays on earlier jobs. Time slots are approximate and non-guaranteed. If there is a significant delay or the Company needs to reschedule, it will notify the Client as soon as reasonably possible.
4. Quotations and Pricing
4.1 Quotations and estimates
Any price given before an on-site inspection is an estimate only, based on the information provided by the Client. Final prices may vary if the scope of work, access conditions, volume of waste, or site conditions differ from those initially described.
The Company may provide fixed-price quotations based on an inspection or clear information. A quotation is valid for a limited period, which will be indicated at the time of issue, after which the Company may revise prices to reflect current rates and costs.
4.2 Variations to the work
If, during the performance of the Services, it becomes apparent that additional work is required or requested, the Company will inform the Client and, where practical, agree a revised price or hourly rate before proceeding. If the Client does not agree to the variation, the Company may complete only the original agreed work, or in some circumstances may stop work and charge for Services already provided.
4.3 Hourly and day rates
Where Services are charged on an hourly or daily basis, the time spent on site will be rounded up to the nearest half hour or as otherwise agreed. Travel time, parking time, and loading or disposal time may be charged where significant and clearly explained to the Client in advance.
5. Payments and Deposits
5.1 Payment terms
Unless otherwise agreed in writing, payment is due immediately on completion of the Services for one-off jobs, or on the date stated on any invoice or schedule for regular maintenance visits. The Company accepts a range of payment methods, which will be communicated to the Client in advance.
5.2 Deposits
The Company may require a deposit or part payment in advance for larger jobs, jobs requiring materials purchases, or where multiple days are booked. The amount and due date of any deposit will be confirmed before the Booking is finalised. Work may not commence until the deposit has been received and cleared.
5.3 Late payments
Where payment is not received by the due date, the Company reserves the right to charge interest on the overdue amount, to recover reasonable costs of collection, and to suspend or cancel future bookings until the outstanding balance has been settled. Ownership of any supplied materials or plants may remain with the Company until full payment has been received.
6. Cancellations and Rescheduling
6.1 Client cancellations
The Client may cancel or reschedule a Booking by giving reasonable notice. The required notice period will typically be 48 hours or more before the agreed start time unless agreed otherwise. If less than the required notice is given, the Company may charge a cancellation fee, up to a reasonable proportion of the agreed price or the minimum call-out fee.
6.2 Company cancellations
The Company may cancel or reschedule a Booking due to adverse weather, staff illness, unsafe conditions, or other events beyond its reasonable control. In such cases, the Company will endeavour to offer an alternative date and time. The Company is not liable for any loss suffered by the Client as a result of such cancellations or rescheduling, except to refund any deposit or pre-payment for Services not provided.
6.3 Weather and site conditions
Certain gardening work cannot be carried out safely or to a proper standard in severe weather or unsuitable soil conditions. The Company may postpone work in these circumstances and reschedule without liability, except for refunding any non-consumed deposit if appropriate.
7. Client Responsibilities
7.1 Site preparation
The Client must ensure the garden and access routes are reasonably clear of personal items, obstacles, and hazards before work starts. This includes removing or safely storing toys, furniture, ornaments, and pet waste where practicable. If the site is not prepared, the Company may either assist with preparation at its standard rates or decline to carry out the work, charging a call-out fee if applicable.
7.2 Safety and conduct
The Client must ensure that children and pets are kept away from tools, machinery, and working areas at all times. The Company may stop work if it considers that safety is compromised and may charge for time spent on site. Abusive or threatening behaviour towards any member of the Company’s staff will result in immediate termination of the visit and may lead to refusal of future service.
7.3 Permissions and boundaries
The Client is responsible for ensuring that any required permissions, consents, or approvals for the work are in place, including those relating to boundaries, trees, and shared fences. The Company will not be liable for issues arising from disputes over property boundaries or unauthorised alterations.
8. Waste Handling and Environmental Regulations
8.1 Green waste management
The Company will handle and dispose of green waste in accordance with applicable environmental and waste regulations. Where possible, the Company may chip, mulch, or arrange for green waste recycling. The method of waste handling and any associated charges will be agreed with the Client in advance wherever practicable.
8.2 Waste removal charges
Unless expressly included in a quotation, waste removal is an additional service and may be charged separately based on volume, weight, and disposal fees. If the Client chooses to retain green waste for composting or other use on site, the Company will, if requested, stack or place the waste in a designated area, provided it is safe and accessible.
8.3 Non-garden waste
The Company is not licensed to remove certain types of controlled or hazardous waste. The Client must not ask the Company to dispose of items such as electrical goods, chemical containers, building rubble, or other non-garden refuse unless specifically agreed and permitted by law. The Company may refuse to handle waste it considers unsafe or unlawful to transport.
9. Liability and Insurance
9.1 Reasonable care and skill
The Company will carry out the Services with reasonable care and skill, using appropriate tools and methods consistent with normal professional practice for gardening work. However, living plants, lawns, and natural materials are subject to conditions beyond the Company’s control, such as weather, pests, disease, and soil quality. The Company cannot guarantee specific growth results or long-term plant survival unless expressly stated.
9.2 Damage and loss
The Company maintains appropriate public liability insurance for its activities. If damage is caused to the Client’s property due to the Company’s negligence, the Client must notify the Company as soon as practicable and in any event within a reasonable period after becoming aware of the issue. The Company’s liability, whether in contract, tort, or otherwise, will be limited to the cost of repair or replacement of the damaged property, or the amount covered by its insurance, whichever is lower.
9.3 Exclusions of liability
The Company is not liable for indirect or consequential loss, including loss of enjoyment of the garden, loss of profits, or loss of opportunity. The Company is not responsible for pre-existing defects, latent structural issues, substandard prior work by third parties, or damage arising from instructions given by the Client which the Company has reasonably followed.
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 be excluded under applicable law.
10. Plants, Materials, and Guarantees
Where the Company supplies plants, turf, or other living material, it will take reasonable steps to ensure they are healthy and suitable at the time of planting or installation. Once the visit is complete, the ongoing care of plants, lawns, and other living materials is the responsibility of the Client, including watering, feeding, pest control, and protection from extreme weather.
Any guarantees or aftercare advice will be provided in writing if applicable. The Company is not responsible for the failure of plants or lawns due to neglect, inadequate watering, over-watering, inappropriate use of chemicals, pets, wildlife, or extreme weather events.
11. Complaints and Disputes
If the Client is dissatisfied with any aspect of the Services, they should contact the Company promptly, providing clear details and, where possible, photographs. The Company will investigate and, where appropriate, offer to rectify issues that arise from its own acts or omissions, within reasonable limits.
Both parties will endeavour to resolve disputes amicably and in good faith. If a resolution cannot be reached, either party may consider using mediation or other alternative dispute resolution mechanisms before pursuing formal legal action.
12. Force Majeure
The Company is not liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control, including but not limited to severe weather, natural disasters, accidents, strikes, transport disruptions, or changes in law or regulations. In such cases, the Company may suspend or reschedule the Services without liability, apart from refunding any pre-payments for Services not delivered.
13. Amendments to These Terms
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 the Client’s Booking will apply to that Booking. Continued use of the Services after any changes take effect will constitute acceptance of the revised Terms and Conditions.
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 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 provision of the Services.
15. Entire Agreement
These Terms and Conditions, together with any written quotation or written variation agreed between the Company and the Client, constitute the entire agreement between the parties in relation to the Services and supersede any prior understanding, representation, or agreement, whether written or oral.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, the remaining provisions shall continue in full force and effect.