Terms And Conditions

Gardeners St Helier Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners St Helier provides gardening and related services to residential and commercial customers. By making a booking, accepting a quotation, or allowing our gardeners to commence work at your property, you are deemed to have read, understood and agreed to these Terms and Conditions.

If you do not agree to these Terms and Conditions, you should not proceed with a booking or allow our services to be carried out. These terms are intended to form a legally binding agreement between you and Gardeners St Helier.

1. Definitions

In these Terms and Conditions, the following definitions apply:

Client means the person, company or organisation requesting services from Gardeners St Helier.

Services means any gardening, garden maintenance, clearance, landscaping, or related work provided by Gardeners St Helier.

Property means the garden, land, exterior area or premises at which the Services are to be carried out.

Agreement means the contract between the Client and Gardeners St Helier incorporating these Terms and Conditions and any written quotation or confirmation of booking.

2. Scope of Services

Gardeners St Helier provides a range of gardening and outdoor maintenance services, which may include lawn care, hedge trimming, planting, weeding, seasonal tidy-ups, garden clearance, and minor landscaping work, subject to agreement in advance.

The precise scope of Services for each visit or project will be set out in a written quotation, booking confirmation or agreed work schedule. Any additional tasks requested on the day that fall outside the agreed scope may be charged at our standard hourly rate or require a separate quotation.

We reserve the right to decline work that is unsafe, unlawful, beyond the capability of our team or equipment, or which falls outside our usual gardening and outdoor maintenance activities.

3. Booking Process

3.1 Initial enquiries

Clients may request Services by making an enquiry and providing a description of the garden, required work and preferred dates. We may request photographs or a site visit in order to prepare an accurate quotation.

3.2 Quotations

Where appropriate, we will provide a quotation for the requested work. Unless otherwise stated, quotations are estimates based on information provided at the time. If the actual condition of the Property or the volume of work differs significantly from that described, we may revise the quotation before commencing or continuing the work.

3.3 Acceptance and confirmation

A booking is considered confirmed when the Client has accepted our quotation or proposal, and we have issued confirmation of the appointment, whether by written communication or booking message. We may also request a deposit or prepayment as a condition of booking for certain Services or larger projects.

3.4 Access to the property

The Client is responsible for ensuring that Gardeners St Helier has clear and safe access to the Property at the agreed date and time. If we are unable to gain access, or if access is unduly delayed, we may treat the visit as a late cancellation and apply the relevant charges as set out in the Cancellations section.

4. Client Obligations

The Client agrees to:

Provide accurate information regarding the Property, the required Services and any known hazards.

Ensure that pets and children are kept safely away from the work area while Services are being carried out.

Remove or clearly identify any items of particular value, fragility or sentimental importance in the garden or surrounding area.

Comply with any reasonable instructions given by Gardeners St Helier in relation to safety or the performance of the Services.

5. Pricing and Payment Terms

5.1 Pricing

Services may be charged on a fixed-price basis, an hourly rate, or a combination of both, as specified in the quotation or booking confirmation. Prices may vary depending on the size and condition of the garden, the complexity of the work, materials required, and travel time to the Property within our service area.

5.2 Deposits and advance payments

For certain Services, particularly larger or multi-day projects, Gardeners St Helier may require a deposit or partial advance payment. The amount and timing of such payments will be confirmed in writing. Work may not commence until the required deposit has been received.

5.3 Payment methods

Accepted payment methods will be communicated to the Client at the time of booking or invoicing. The Client is responsible for ensuring that payments are made using an accepted method and within the specified time.

5.4 Payment due date

Unless otherwise stated on the invoice or booking confirmation, payment is due immediately upon completion of the Services for one-off visits, and within the specified period for ongoing maintenance contracts or project work. Late payments may incur interest or administrative charges as permitted by applicable law.

5.5 Non-payment

If the Client fails to pay any amount due under the Agreement, Gardeners St Helier reserves the right to suspend further Services, charge interest on overdue sums, and take reasonable steps to recover the outstanding amount, including legal action where necessary.

6. Changes, Rescheduling and Cancellations

6.1 Client-initiated changes

If the Client wishes to change the date, time or scope of the Services, they should contact Gardeners St Helier as early as possible. We will attempt to accommodate reasonable changes, subject to availability. Changes to the scope of work may result in a revised quotation.

6.2 Cancellations by the client

The Client may cancel a booking by providing notice in advance. Where cancellation is made within an agreed minimum notice period, no cancellation charge will usually apply. If the Client cancels with insufficient notice, or fails to provide access to the Property on the day, Gardeners St Helier may charge a cancellation fee or a proportion of the quoted fee to cover time and travel costs.

6.3 Cancellations or rescheduling by Gardeners St Helier

In the event that we need to cancel or reschedule a booking due to staff illness, equipment failure, severe weather, or other circumstances beyond our reasonable control, we will notify the Client as soon as practicable and offer an alternative date or time. Gardeners St Helier will not be liable for any indirect losses or costs incurred by the Client as a result of such changes.

7. Performance of Services

7.1 Standards of work

Gardeners St Helier will perform the Services with reasonable care and skill, using appropriate tools, equipment and materials for typical gardening work. We aim to complete the Services in accordance with the agreed schedule, but timings may be approximate and subject to weather and site conditions.

7.2 Weather and site conditions

Gardening work is subject to weather and ground conditions. If conditions are unsuitable or unsafe, we may decide to postpone or modify the Services. Where necessary, work may be rearranged, and we will seek to minimise disruption to the Client.

7.3 Health and safety

Our gardeners will work in accordance with reasonable health and safety practices. The Client must inform us of any known hazards at the Property, such as unstable structures, hidden drains, exposed cables or hazardous materials. We reserve the right to cease work if conditions are unsafe.

8. Materials, Plants and Equipment

8.1 Supply of materials

Unless otherwise agreed, Gardeners St Helier will supply the necessary tools and standard materials required for the Services. Where specific plants, landscaping materials or fixtures are requested, these may be charged separately and subject to availability.

8.2 Planting and plant health

While we will take reasonable care in selecting and planting shrubs, flowers and other plants, their long-term growth and survival depend on factors outside our control, including weather, soil conditions, pests, diseases and ongoing maintenance. Gardeners St Helier cannot guarantee the lifespan or performance of any planting once the work is complete, unless expressly agreed in writing.

8.3 Use of client equipment

If the Client requests that we use their own equipment or materials, we do so entirely at the Client’s risk. Gardeners St Helier will not be responsible for any malfunction, damage or unsuitability of client-supplied equipment or materials.

9. Garden Waste and Environmental Regulations

9.1 Handling of garden waste

Services may generate green waste, such as grass cuttings, branches, leaves and plant material, as well as limited non-organic waste associated with gardening tasks. Our default approach to managing waste will be explained at the time of booking or quoting and may vary by service type.

9.2 Disposal options

Gardeners St Helier may, by prior agreement, remove garden waste from the Property for disposal, recycling or composting, and this may incur additional charges based on volume and weight. Alternatively, we may agree to place waste in the Client’s compost area, garden waste bin or another designated location on site.

9.3 Compliance with regulations

All waste removal and disposal will be carried out in accordance with applicable environmental and waste management regulations. The Client agrees not to request or permit any unlawful disposal of waste, such as fly-tipping or burning in prohibited areas.

10. Liability and Insurance

10.1 Limitation of liability

Gardeners St Helier will exercise reasonable care when working at the Property. However, we shall not be liable for minor cosmetic damage or wear and tear arising from the normal delivery of gardening services, such as minor scuffing to surfaces, incidental disturbance of soil or plants not directly worked on, or marks from equipment that are reasonably expected.

We will not be liable for any loss or damage arising from inaccurate information provided by the Client, failure by the Client to comply with these Terms and Conditions, or pre-existing defects or conditions at the Property.

10.2 Exclusions

To the fullest extent permitted by law, Gardeners St Helier shall not be liable for any indirect or consequential loss, loss of profit, loss of enjoyment, or loss of opportunity arising out of or in connection with the Services, whether in contract, tort or otherwise.

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.

10.3 Insurance

Gardeners St Helier maintains appropriate insurance cover in respect of public liability and, where applicable, employer’s liability. Evidence of insurance can be provided upon reasonable request.

11. Complaints and Quality Issues

If the Client is dissatisfied with any aspect of the Services, they should notify Gardeners St Helier as soon as possible, ideally within a reasonable period following completion of the work. We may request photographs or a site visit to assess the issue.

Where a complaint is justified and relates directly to the standard of our work, we will seek to rectify the issue by re-performing the relevant part of the Services or offering another appropriate remedy, at our discretion. This does not affect any statutory rights the Client may have.

12. Intellectual Property

Any designs, plans, planting schemes or similar materials prepared by Gardeners St Helier as part of the Services remain our intellectual property unless expressly transferred in writing. The Client is granted a non-exclusive licence to use such materials only for personal use at the Property for which they were created.

13. Privacy and Data Protection

Gardeners St Helier will collect and use personal information about Clients only as necessary to arrange and deliver the Services, manage bookings, issue invoices and communicate about our work. Personal details will be handled in accordance with applicable data protection legislation and shall not be sold to third parties.

We may keep records of work carried out, including photographs taken before or after the Services, for administrative and quality control purposes. Where such images show parts of the Client’s Property, we will use them responsibly and will not identify the Client by name without consent, save where required by law.

14. Termination

Either party may terminate an ongoing maintenance arrangement or longer-term Agreement by giving the notice period specified in the booking or contract. If no notice period is specified, a reasonable period of notice should be given, taking into account the frequency of visits and the nature of the Services.

Gardeners St Helier may terminate the Agreement immediately if the Client fails to pay sums due, behaves abusively towards staff, repeatedly fails to provide access, or otherwise commits a serious or persistent breach of these Terms and Conditions.

15. Events Beyond Our Control

Gardeners St Helier shall not be liable for any failure or delay in performing the Services where such failure or delay results from events, circumstances or causes beyond our reasonable control. This may include, without limitation, extreme weather, accidents, illness, transport disruption, or any legal or regulatory restrictions affecting our ability to operate. In such cases, we will take reasonable steps to notify the Client and, where possible, rearrange the Services.

16. 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 applicable in the United Kingdom.

Both Gardeners St Helier and the Client agree that the courts with jurisdiction over the relevant part of the United Kingdom 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. General Provisions

17.1 Entire agreement

These Terms and Conditions, together with any quotation or booking confirmation, constitute the entire agreement between Gardeners St Helier and the Client in relation to the Services and supersede any prior discussions or understandings.

17.2 Severance

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision shall be deemed severed from the remaining provisions, which will continue to be valid and enforceable.

17.3 Assignment

The Client may not assign or transfer their rights or obligations under the Agreement without the prior written consent of Gardeners St Helier. We may subcontract or assign our rights and obligations where reasonably necessary to deliver the Services, while remaining responsible for their performance.

17.4 Changes to terms

Gardeners St Helier reserves the right to amend these Terms and Conditions from time to time. The version in force at the time of booking will apply to that booking, unless a change is required by law or by mutual agreement in writing.

By proceeding with a booking or allowing Gardeners St Helier to provide Services at your Property, you confirm that you have read, understood and agree to be bound by these Terms and Conditions.