Gardeners Kenley Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Kenley provides gardening and related services to residential and commercial clients. By booking or using any of our services, you agree to be bound by these Terms and Conditions. Please read them carefully before confirming a booking.

1. Definitions

In these Terms and Conditions, the following expressions have the meanings set out below:

Client means any individual, company or organisation that requests, books or receives services from Gardeners Kenley.

Company, we, our or us means Gardeners Kenley as the provider of gardening services.

Services means any gardening, garden maintenance, landscaping, clearance or related work carried out by the Company.

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

Terms means these Terms and Conditions, as amended from time to time.

2. Scope of Services

2.1 The Company provides a range of gardening services including, but not limited to, lawn care, hedge trimming, pruning, planting, weeding, garden tidy-ups, garden clearance, soft landscaping and general maintenance.

2.2 The specific Services to be provided will be agreed with the Client at the time of booking and confirmed either verbally or in writing, together with the applicable charges and any special conditions.

2.3 The Company reserves the right to decline any job that, in its reasonable opinion, is unsafe, impractical or outside the scope of its expertise, or where access to the Site is inadequate.

3. Booking Process

3.1 Bookings may be made by the Client through the Company’s designated booking channels, including by enquiry form or other communication methods as made available by the Company from time to time.

3.2 At the time of booking, the Client should provide accurate information regarding the type of work required, size and condition of the garden or area, access arrangements and any other relevant details. The Company relies on this information to estimate the time and cost of the Services.

3.3 For some Services, the Company may offer an estimated price based on the information provided by the Client. This estimate may be subject to revision following arrival at the Site if the actual conditions differ significantly from those described by the Client or if additional work is requested.

3.4 For larger or more complex projects, the Company may conduct a Site visit to assess the scope of work and provide a written quotation. Quotations are generally valid for a limited period, which will be indicated to the Client at the time of issue.

3.5 A booking will be considered confirmed once the Client has accepted the estimate or quotation and, where required, paid any deposit specified by the Company.

4. Access and Client Obligations

4.1 The Client must ensure that the Company’s personnel have safe and reasonable access to the Site at the agreed time. This includes access to any external gates, side passages or communal areas necessary to reach the working area.

4.2 The Client is responsible for informing the Company of any known risks or hazards at the Site, including uneven ground, fragile surfaces, underground utilities, ponds, water features, pets, or any other matters that may affect the safe delivery of the Services.

4.3 The Client must ensure that pets and children are kept away from the working area while Services are being carried out, and that any vehicles, furniture or personal items that may obstruct the work are moved prior to the scheduled start time, where reasonably possible.

4.4 If access is not available or the Site is not in a suitable condition for the Services to be carried out, the Company may charge a call-out or cancellation fee as set out in these Terms.

5. Pricing and Payments

5.1 Prices for Services may be based on hourly rates, fixed fees, or project-based quotations, as communicated to the Client at the time of booking or quotation.

5.2 Unless otherwise agreed, hourly work is billed in minimum time units, with any additional time rounded up to the nearest unit. Project or fixed-fee work will be billed in accordance with the agreed schedule.

5.3 All prices quoted are exclusive of any government taxes or charges that may apply from time to time, unless otherwise stated.

5.4 The Company may require a deposit for certain Services, particularly for larger projects or where materials must be purchased in advance. The amount and due date for any deposit will be communicated to the Client before confirmation of the booking.

5.5 Payment of any balance is due upon completion of the Services, unless alternative payment terms have been agreed in advance in writing. The Company accepts payment by methods notified to the Client from time to time.

5.6 In the event of non-payment by the due date, the Company reserves the right to charge interest on overdue amounts at a reasonable rate and to recover any costs incurred in the collection of unpaid invoices.

5.7 Ownership of any supplied materials or plants remains with the Company until full payment has been received.

6. Cancellations and Amendments

6.1 The Client may cancel or amend a booking by giving the Company reasonable notice. The minimum notice period for cancellation or rescheduling will be confirmed at the time of booking and may vary depending on the type of Service.

6.2 If the Client cancels or significantly amends a booking with less than the required notice, the Company may charge a cancellation fee, which may include any reasonable costs or losses incurred, such as materials purchased or scheduled labour time.

6.3 If the Company needs to cancel or reschedule a booking due to unforeseen circumstances, severe weather, staff illness, equipment failure or other factors beyond its control, it will notify the Client as soon as reasonably practicable and offer an alternative date or time. The Company will not be liable for any indirect losses arising from such changes.

6.4 If the Client is not present at the Site at the agreed time and access has not been arranged, the Company may treat the visit as cancelled and charge a cancellation or call-out fee.

7. Service Standards and Materials

7.1 The Company will carry out the Services with reasonable skill and care and in accordance with generally accepted gardening practices.

7.2 Any times or dates for the start or completion of the Services are estimates only and are not guaranteed, although the Company will make reasonable efforts to meet agreed timeframes.

7.3 The Company may supply plants, materials and products as part of the Services. While every effort is made to ensure the quality and suitability of such items, living plants are subject to natural variation and the Company cannot guarantee specific growth outcomes, flowering performance or longevity once handed over to the Client’s care.

7.4 The ongoing health of plants and lawns depends on factors beyond the Company’s control, including weather conditions, pests, diseases, soil conditions and the Client’s maintenance regime. Accordingly, no warranty is given that any particular result will be achieved.

8. Garden Waste and Environmental Regulations

8.1 As part of the Services, the Company may generate green waste such as grass cuttings, branches, leaves and plant material. The handling of such waste will be agreed with the Client in advance.

8.2 Where agreed, the Company may cut or bag garden waste and leave it on site for the Client to dispose of using their own garden waste collection or composting facilities.

8.3 If the Client requests removal of garden waste, any additional charges for collection, transportation and disposal will be communicated in advance. The Company will comply with applicable waste and environmental regulations when transporting and disposing of waste.

8.4 The Company is not responsible for the disposal of non-garden waste, including soil contaminated with rubble, building materials, household rubbish, hazardous substances, or any items that fall outside normal green waste categories, unless expressly agreed as part of the Service.

8.5 The Client must not request or permit the Company to dispose of waste in ways that breach local or national regulations, including fly-tipping or the use of unauthorised sites.

9. Client Property and Damage

9.1 The Company will take reasonable care to avoid damage to the Client’s property and possessions while carrying out the Services.

9.2 The Client must inform the Company of any underground cables, pipes, irrigation systems, or other concealed services before work begins. The Company cannot accept liability for damage to concealed services that were not brought to its attention or were not reasonably identifiable.

9.3 Minor scuffs or marks may occasionally occur to lawns, borders or surfaces as a result of normal gardening activities and the use of equipment. The Client acknowledges that such incidental effects can be part of the gardening process and do not necessarily constitute damage.

9.4 Any concerns about damage must be reported to the Company as soon as reasonably possible and, in any event, within a reasonable period after completion of the Services so that the issue can be investigated.

10. Liability and Indemnity

10.1 Nothing in these Terms 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 be limited or excluded by law.

10.2 Subject to clause 10.1, the Company’s total liability to the Client for all claims arising out of or in connection with the Services and these Terms, whether in contract, tort or otherwise, shall be limited to the total amount paid or payable by the Client for the specific Services giving rise to the claim.

10.3 The Company shall not be liable for any loss of profit, loss of business, loss of opportunity, loss of anticipated savings, or any indirect or consequential loss or damage arising out of or in connection with the Services or these Terms.

10.4 The Client is responsible for maintaining appropriate insurance for their own property and belongings. The Company will not be liable for pre-existing defects or conditions at the Site, nor for deterioration of plants or garden features due to weather events, pests, diseases or lack of maintenance after completion of the Services.

10.5 The Client shall be responsible for any loss or damage suffered by the Company or its personnel as a result of unsafe conditions at the Site or failure to comply with these Terms, except where such loss or damage is due to the Company’s negligence.

11. Health and Safety

11.1 The Company will carry out the Services with regard to applicable health and safety requirements and will use appropriate tools, equipment and protective clothing.

11.2 The Client must not request the Company’s personnel to undertake any task that is unsafe, illegal or outside the scope of the agreed Services. The Company reserves the right to decline such requests.

11.3 If, in the opinion of the Company, the working conditions at the Site present a risk to health or safety, the Company may suspend or cancel the Services until the issue is resolved. Any resulting costs or delays will be discussed with the Client.

12. Complaints and Disputes

12.1 If the Client is dissatisfied with any aspect of the Services, they should notify the Company as soon as possible so that the matter can be reviewed and, where appropriate, remedial action can be taken.

12.2 The Client should provide details of the issue, including the date of the Service, the nature of the concern and any relevant evidence, such as photographs. The Company will use reasonable efforts to respond to complaints promptly and to reach a fair resolution.

12.3 Raising a complaint does not entitle the Client to withhold payment for undisputed parts of the Services. Any agreed refunds or credits will be confirmed by the Company following its investigation.

13. Privacy and Data

13.1 The Company may collect and process personal information about the Client, such as name, address and contact details, for the purposes of providing the Services, managing bookings and handling payments.

13.2 The Company will take reasonable steps to keep such information secure and will not sell personal data to third parties. Information may be shared with trusted partners only where necessary to fulfil the Services or comply with legal obligations.

13.3 By using the Services, the Client consents to the collection and use of their personal information in accordance with these Terms and any applicable privacy notices issued by the Company.

14. Variations to Terms

14.1 The Company reserves the right to update or amend these Terms from time to time. Any changes will apply to new bookings made after the updated Terms are published or otherwise notified to the Client.

14.2 For ongoing or long-term service arrangements, the Company will provide reasonable notice of any material changes to the Terms that may affect the Client’s rights or obligations.

15. Force Majeure

15.1 The Company shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from events or circumstances beyond its reasonable control. These may include, but are not limited to, extreme weather, natural disasters, acts of government, strikes, labour disputes, epidemics, or the breakdown of equipment.

15.2 In such cases, the Company will inform the Client as soon as reasonably practicable and will seek to reschedule or adapt the Services where possible.

16. Governing Law and Jurisdiction

16.1 These Terms and any dispute or claim arising out of or in connection with them, or with the provision of the Services, shall be governed by and construed in accordance with the laws of England and Wales.

16.2 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 or the Services.

17. General Provisions

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

17.2 No failure or delay by the Company in exercising any right or remedy under these Terms shall operate as a waiver of that or any other right or remedy.

17.3 These Terms, together with any estimate, quotation or written agreement issued by the Company, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior discussions or understandings.

By booking or using the Services of Gardeners Kenley, the Client acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.