Terms and Conditions for Gardening Services in Ham
These Terms and Conditions set out the basis on which gardening services are provided by Gardeners Ham to residential and commercial clients. They are designed to make the service clear, fair and legally sound. By making a booking, you agree to these terms, so please read them carefully before confirming any work. These terms apply to all standard garden maintenance, soft landscaping, clearance, pruning, lawn care and related garden services unless we agree otherwise in writing.
The purpose of these terms is to explain what you can expect from the service, what is expected from you, how payments are handled, and how issues are dealt with if plans change. They also cover important legal matters such as waste disposal, liability and the law that applies to the agreement. In these terms, “we”, “us” and “our” refer to the gardening service provider, and “you” and “your” refer to the customer.
We may update these terms from time to time to reflect changes in our services, legal obligations or operational procedures. Any updated version will apply from the date it is published or otherwise communicated to you. If you continue to use our gardening services in Ham after changes are made, this will be taken as acceptance of the revised terms, provided the changes are reasonable and lawful.
Booking a service can be made by phone, email or any other method we make available from time to time. A booking is not confirmed until we have accepted it and, where required, received any deposit or advance payment. We may request details such as the type of work required, the size and condition of the garden, access arrangements, photographs, preferred dates and any special instructions. This information helps us provide an accurate estimate and schedule the work properly.
Any quotation or estimate provided is based on the information supplied at the time. If the scope of work changes, or if the site conditions are materially different from what was described, we may need to revise the price, timing or staffing required. For example, hidden waste, difficult access, severe overgrowth or unsafe conditions may affect the service. A quotation remains valid for the period stated in it, or if no period is stated, for a reasonable time only.
We reserve the right to decline or reschedule a booking if we are unable to carry out the work safely, legally or within the agreed time frame. This may happen where weather conditions are unsuitable, access is restricted, or the requested work falls outside our service capability. If we cancel a booking for our own operational reasons, any payment received for the cancelled work will be refunded or rearranged, as appropriate.
Payments must be made in accordance with the terms agreed at the time of booking or in the invoice issued afterwards. Unless otherwise stated, payment is due upon completion of the work or within the period specified on the invoice. We may require a deposit for larger jobs, seasonal bookings or services that involve ordering materials, booking specialist labour or reserving significant time. Deposits are used to secure your slot and may be non-refundable if the cancellation terms below apply.
Accepted methods of payment may include bank transfer, card payment, cash or other lawful methods we agree to accept. Any bank charges, failed payment fees or costs arising from incorrect payment details may be charged to you where permitted by law. If payment is overdue, we may suspend further work, withhold future bookings or charge reasonable interest and recovery costs on any unpaid amount, subject to applicable law. All prices stated are in pounds sterling unless otherwise confirmed.
Late payment may also affect service continuity, especially where ongoing garden maintenance in Ham has been arranged on a recurring basis. We may issue reminders, but this does not waive our right to require payment in full. If you dispute an invoice, you must notify us promptly and provide the reasons for the dispute. Any undisputed portion of the invoice remains payable by the due date.
Cancellations and rescheduling must be made as early as possible. If you need to cancel or change an appointment, please do so within a reasonable period so that the time can be reassigned. Where a booking is cancelled too close to the scheduled date, we may charge a cancellation fee to reflect time reserved, staff allocated, materials purchased or travel costs incurred. The amount of any fee will depend on the circumstances and, where possible, will be explained in advance.
If you are not present at the arranged time and we cannot gain access, this may be treated as a late cancellation or a wasted visit. In such cases, we may charge the full or partial fee for the appointment. If weather, health and safety concerns or events beyond our control prevent us from attending, we may rearrange the booking without liability for delay. For ongoing services, you may be asked to provide notice before pausing or ending regular visits.
In relation to regular garden care services, one-off jobs, or seasonal work, any special cancellation period will be stated at the time of booking. If materials have been ordered, third-party costs incurred, or bespoke planning completed before cancellation, these may still be charged even where the work itself has not yet started. We act reasonably and proportionately when applying cancellation charges.
We will take reasonable care when carrying out all gardening work, but liability is limited to the extent permitted by law. We are not responsible for pre-existing defects, structural issues, hidden hazards, unstable surfaces, buried items, underground services, poor weather effects, or damage caused by factors outside our control. You are responsible for informing us of any known risks, such as sprinkler systems, fragile features, pet hazards, asbestos, buried cables or irrigation lines.
We do not accept liability for indirect or consequential losses, loss of profit, business interruption, missed events or loss of enjoyment resulting from the service, except where such exclusion is not allowed by law. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded under UK law. Where damage is caused by our proven negligence, our responsibility will generally be limited to repairing, replacing or paying compensation for the affected item, subject to fair valuation and evidence.
You must ensure that the garden and access routes are reasonably safe and that we can perform the work without unnecessary risk. This includes securing pets, informing us of hidden dangers, and ensuring that fragile items are moved or identified before the service begins. Where we ask for your instructions on protected plants, boundaries or delicate areas, you should provide clear guidance. If you choose not to follow our recommendations, any resulting issues may fall outside our responsibility.
Waste arising from gardening work must be managed in accordance with applicable UK environmental and waste disposal laws. Where we remove garden waste on your behalf, it will be handled and transported lawfully and, where appropriate, taken to a licensed facility or processed through a permitted recycling route. We may charge separately for waste collection, disposal, tipping fees or green waste handling if this is not already included in the quotation. Waste charges may vary depending on the volume, weight and type of material.
You must tell us in advance if the garden contains items that require special handling, such as treated timber, contaminated soil, household rubbish mixed with green waste, sharp objects, chemicals or materials that may be regulated differently from ordinary garden debris. We are not obliged to remove waste that is unlawful, hazardous, contaminated or not reasonably within the agreed scope of gardening work. If such waste is discovered during the service, we may stop work, amend the price or request that it be dealt with separately.
Where waste remains your property or responsibility, you must ensure that it is stored, sorted and disposed of lawfully. We may leave waste on site if instructed to do so or if removal has not been agreed. In all cases, both parties must comply with environmental protection rules, local authority requirements and any other waste regulations applicable to the service. Misrepresentation of waste type or volume may result in additional charges.
All plants, materials, equipment and suggestions supplied by us remain subject to availability and suitability. We may substitute items of similar quality where needed, particularly if seasonal stock changes or supply shortages occur. Any planting advice or maintenance recommendations provided are based on general horticultural practice and the information available at the time, but they do not create a guarantee of growth, survival or long-term performance unless expressly stated in writing.
We may take photographs of work in progress or completed work for internal records, quality control, insurance, scheduling and training purposes. Any such images will be used in accordance with applicable data protection law and our internal policies. We will not share personal information beyond what is reasonably necessary for service delivery, administration, lawful compliance or dispute resolution. If access to your property involves keys, codes or gate instructions, you are responsible for ensuring that any information supplied is accurate and current.
The service agreement may be ended by either party in writing, subject to any notice period or outstanding obligations already agreed. Termination does not affect rights or responsibilities that have already arisen, including unpaid invoices, cancellation fees, waste charges or liability for completed work. If we believe these terms have been breached, we may suspend or end services immediately where continued work would be unreasonable, unlawful or unsafe.
Nothing in this document affects your statutory rights as a consumer where you are entitled to them. If any clause is found to be invalid, unlawful or unenforceable, the remaining clauses will continue in full force. We aim to resolve any disagreements amicably and in good faith. If a dispute cannot be settled informally, the parties may consider mediation or another lawful alternative dispute resolution method before starting court proceedings.
These Terms and Conditions are governed by the laws of England and Wales. Any dispute arising from or connected with the gardening services, the booking process, payment, cancellation, liability or waste handling will be subject to the exclusive jurisdiction of the courts of England and Wales. By proceeding with a booking, you acknowledge that you have read, understood and accepted this legal agreement for Gardeners Ham.