Gardeners Nine Elms Terms and Conditions of Service

These Terms and Conditions set out the basis on which Gardeners Nine Elms provides gardening and related services to residential and commercial clients. 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 definitions apply:

Client means the person, firm or company requesting the services of Gardeners Nine Elms.

Company means Gardeners Nine Elms, the gardening services provider.

Services means any gardening, landscaping, lawn care, hedge trimming, planting, maintenance, clearance, or other related work carried out by the Company.

Visit means any attendance by the Company or its gardeners at the Client’s premises to provide the Services.

Premises means the property or garden at which the Services are to be provided.

2. Scope of Services

The Company provides a range of gardening and garden maintenance services including but not limited to lawn mowing, lawn care, planting, pruning, hedge trimming, weeding, garden tidy-ups, garden clearances, basic soft landscaping, and seasonal maintenance. The precise Services to be provided will be agreed at the time of booking, either as a one-off job or as part of an ongoing maintenance plan.

The Company reserves the right to decline work that falls outside its expertise or that cannot be carried out safely or lawfully. Any description of Services on publicity materials is for general guidance only and does not form a binding specification unless confirmed in writing in a booking confirmation or quotation.

3. Booking Process

Bookings can be made by the Client through the Company’s chosen contact channels. When making a booking, the Client must provide accurate information about the Premises, access arrangements, parking availability, garden condition, and any specific requirements. The Company may request photographs or further details to provide an accurate estimate.

For many jobs, the Company will provide a quotation or estimated cost prior to confirming the booking. Quotations are typically based on the information provided by the Client and may be subject to revision if the actual conditions differ materially from those described. Any change in price will be communicated to the Client before work proceeds.

A booking is confirmed when the Client accepts the quotation or estimate and the Company confirms the Visit date and time. The Company may, at its discretion, require a deposit to secure the booking, particularly for larger projects or during busy periods.

4. Access and Client Obligations

The Client must ensure that the Company and its gardeners have safe and reasonable access to the Premises at the agreed time. This includes any security instructions, gate codes, or key arrangements required to access the garden areas. If the Premises are part of a multi-occupancy building, the Client is responsible for arranging access through any relevant building management where necessary.

The Client must ensure that the garden areas to be serviced are free from hazards that may pose a risk to the Company’s gardeners, including but not limited to unsecured pets, sharp objects, broken glass, hazardous waste, or unstable structures. The Client must inform the Company in advance of any known risks or particular site conditions.

The Client is responsible for supervising any children or pets on the Premises during the Visit and must keep them away from the work area. The Company reserves the right to refuse or suspend work where safety is compromised, and any resulting delay or cost may be charged to the Client.

5. Estimates, Quotations and Pricing

Unless expressly stated as a fixed price quotation, any price given by the Company is an estimate based on the anticipated time, resources and disposal requirements. If additional work is required due to unforeseen circumstances or where the garden condition is substantially different from that described, the Company will inform the Client and may revise the estimate.

Pricing may be based on hourly rates, day rates, or fixed fees for specified tasks. Minimum charges may apply for smaller jobs or short Visits. All pricing details will be communicated to the Client at or before the time of booking, subject to these Terms and Conditions.

Any additional materials, plants, products, or specialist equipment required for the job may be charged separately. Where requested, the Company can source materials on the Client’s behalf; in such cases, the cost of materials and any sourcing fee or mark-up will be explained to the Client.

6. Payments and Invoicing

Unless agreed otherwise in writing, payment is due on completion of the Services for one-off jobs, and after each Visit or in accordance with the agreed billing cycle for regular maintenance plans. The Company will issue an invoice or provide a payment request setting out the work performed and the amount due.

Accepted payment methods will be communicated by the Company and may include bank transfer, card payment or other standard payment options. The Client is responsible for ensuring that payment is made in full and on time. The Company does not accept payment in cash left unattended at the Premises.

Where payment is not received by the due date, the Company reserves the right to charge interest on overdue sums in accordance with applicable UK law and may suspend further Services until all outstanding amounts are settled. The Company may also recover from the Client any reasonable costs of pursuing overdue payments, including collection agency fees or legal costs.

7. Cancellations, Rescheduling and Delays

The Client may cancel or reschedule a Visit, subject to giving the Company reasonable notice. Unless agreed otherwise, a minimum of 24 hours’ notice before the scheduled Visit is required to avoid a cancellation charge. Cancellations or rescheduling requests made with less than 24 hours’ notice may incur a fee up to the value of the minimum charge for the booked Services.

If the Company needs to cancel or reschedule a Visit due to unforeseen circumstances, staff illness, severe weather, or events beyond its reasonable control, it will notify the Client as soon as practicable and offer an alternative date. The Company will not be liable for any consequential loss arising from such cancellation or rescheduling, provided that it uses reasonable efforts to rearrange the Visit.

Where a Visit cannot proceed because the Company is unable to gain access to the Premises, or because the garden conditions or safety issues prevent work from being carried out, this may be treated as a late cancellation by the Client and a charge may apply at the Company’s discretion.

8. Garden Conditions, Weather and Seasonal Work

Gardening and outdoor work are subject to weather and seasonal conditions. The Company will use its professional judgment to decide whether it is safe or practical to carry out certain tasks during adverse weather, including heavy rain, storm conditions, high winds, snow or extreme temperatures. The Company may adjust, delay or adapt the Services accordingly.

The Client acknowledges that plant growth, lawn condition and overall garden appearance are influenced by factors beyond the Company’s control, including soil quality, sunlight, pests, diseases, client watering practices and local environmental factors. The Company cannot guarantee specific results where these factors are involved but will exercise reasonable skill and care in performing the Services.

9. Waste Handling and Environmental Regulations

The Company is committed to operating in line with applicable UK environmental and waste regulations. As part of certain Services, the Company may collect and remove green garden waste such as grass cuttings, leaves, small branches and plant trimmings. Any waste removal arrangements and associated charges will be discussed with the Client in advance.

Where the Company agrees to remove green waste from the Premises, it will do so in accordance with relevant legislation and will dispose of waste at authorised facilities or designated collection points. The Client acknowledges that waste disposal costs may vary depending on volume, weight and local disposal charges, and that any quoted waste fee is based on an estimate of these factors.

The Company will not remove hazardous waste, contaminated materials, soil suspected of contamination, or bulky items such as old garden furniture, rubble or construction debris, unless expressly agreed as part of a separate waste management arrangement. Responsibility for such materials remains with the Client.

The Client may choose to retain green waste on site for composting or disposal through local authority collections. In such cases, the Company will, if requested, reasonably assist in bagging or stacking green waste but is not responsible for its ultimate disposal.

10. Liability and Insurance

The Company will perform the Services with reasonable skill and care, using appropriately trained personnel and suitable equipment. The Company maintains suitable liability insurance in accordance with industry standards for gardening services.

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

Subject to the above, the Company’s liability to the Client for any claim arising out of or in connection with the Services shall, in aggregate, not exceed the total fees paid or payable by the Client for the specific Visit or project from which the claim arises. The Company will not be liable for any indirect or consequential loss, loss of profit, loss of enjoyment, or loss arising from delays, cancellations or rescheduling where it has acted with reasonable care.

The Client is responsible for notifying the Company promptly of any concerns, damage or issues arising from the Services, and in any event within a reasonable time after becoming aware of them. The Company reserves the right to inspect the alleged issue and, where appropriate, to remedy it through further work, repair or partial refund, at its discretion.

11. Client Property and Existing Damage

The Client is responsible for identifying and making the Company aware of any underground services, pipes, cables, irrigation systems, or other concealed features within the garden that could be affected by the Services. The Company will not be liable for damage to such items where it has not been properly informed of their presence and approximate location.

The Company will take reasonable care not to damage driveways, paths, structures, ornaments, or other property, but shall not be responsible for pre-existing defects or weaknesses. The Client should ensure that any fragile items are removed from the work area before the Visit.

12. Plants, Materials and Guarantees

Where the Company supplies plants, turf, or other living materials, it will take reasonable care to source healthy stock and to plant or lay them in accordance with good horticultural practice. However, the ongoing health and survival of plants and turf depend on factors such as watering, pests, diseases, weather and soil conditions, which are outside the Company’s control once the Visit is completed.

Unless expressly agreed in writing, the Company does not provide a guarantee that plants, turf or seeds will thrive or survive for a particular period. The Company may provide care advice to the Client, and it is the Client’s responsibility to follow such guidance to maximise the chances of success.

13. Health and Safety

The Company will comply with relevant UK health and safety legislation and will use tools, machinery and substances in a safe and responsible manner. The Client must not interfere with or misuse any equipment brought to the Premises by the Company and must keep all persons and pets away from powered machinery and work areas.

If the Company considers that conditions at the Premises pose an unacceptable risk to health and safety, it may suspend or refuse to carry out some or all of the Services until the issue is resolved. Any such suspension will be communicated to the Client, and any additional costs resulting from rectifying safety issues may be chargeable.

14. Complaints and Dispute Resolution

If the Client is dissatisfied with any aspect of the Services, they should raise the issue with the Company as soon as possible so that it can be investigated and addressed. The Company will aim to respond to complaints promptly and to reach a fair resolution, which may include remedial work, a price adjustment, or another appropriate remedy at its discretion.

Both parties agree to attempt to resolve disputes in good faith through informal discussions before considering formal legal action. This does not affect either party’s right to seek legal remedies where necessary.

15. Data Protection and Privacy

The Company may collect and process personal data relating to the Client, such as names, addresses, property details and payment information, for the purpose of managing bookings, providing Services and handling invoices. The Company will handle personal information in accordance with applicable UK data protection laws and will take reasonable steps to protect personal data from unauthorised access, loss or misuse.

The Company will only use the Client’s personal data for legitimate business purposes, such as administering Services, managing accounts, and providing relevant updates. Personal data will not be sold to third parties.

16. Changes to These Terms

The Company reserves the right to update or amend these Terms and Conditions from time to time to reflect changes in the law, industry practice or the Company’s operations. The version of the Terms and Conditions in force at the time of the Client’s booking will apply to that booking, unless a change is required by law or agreed with the Client.

17. Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services provided 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.

18. General Provisions

If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable by a court or competent authority, that provision will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable, and the remaining provisions shall remain in full force and effect.

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. A person who is not a party to these Terms and Conditions shall have no rights to enforce any of their terms.

These Terms and Conditions constitute the entire agreement between the Client and the Company in relation to the provision of the Services and supersede any prior discussions, correspondence or understandings, whether written or oral, relating to their subject matter.