Gardeners Freezywater Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Freezywater provides gardening and related services to domestic and commercial customers in the United Kingdom. By booking or receiving services from Gardeners Freezywater, you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the person, company or organisation that requests or receives services from Gardeners Freezywater.
We, us, our means Gardeners Freezywater, the gardening services provider.
Services means any gardening, grounds maintenance, soft landscaping, hedge cutting, lawn care, clearance, planting, garden waste removal or related work carried out by us for the Client.
Booking means a request by the Client for Services, whether made verbally or in writing, and accepted by us.
Visit means a scheduled attendance by our gardeners at the Client address to perform the Services.
2. Scope of Services
2.1 We provide general gardening and grounds maintenance services, which may include but are not limited to lawn mowing, hedge trimming, pruning, weeding, planting, leaf clearance, garden tidy ups, soft landscaping and non-hazardous garden waste removal.
2.2 Any description of Services provided in quotations, on our website, or in other materials is an indication of the type of work we undertake. The exact scope of each job will be confirmed and agreed with the Client prior to the start of work.
2.3 We reserve the right to refuse any work which we consider unsafe, unlawful, unsuitable for our operatives or outside our usual range of services, including work involving hazardous materials or specialist equipment beyond our normal operations.
3. Booking Process
3.1 Bookings may be made by the Client by phone, in person or through any booking method we make available from time to time.
3.2 When making a Booking, the Client must provide accurate information, including the property address, access details, a description of the required work, any known risks or restrictions, and any special instructions.
3.3 A Booking is only confirmed when we accept it and provide a date or time window for the Visit, or when we send a written or verbal confirmation of the Service details.
3.4 For larger or ongoing projects, we may provide a written quotation describing the proposed Services, estimated duration and pricing structure. The quotation will be valid for a limited period as stated on the quotation. Acceptance of the quotation by the Client constitutes acceptance of these Terms and Conditions.
3.5 We will use reasonable efforts to attend at the agreed time, but timing is not guaranteed. Visits may be affected by weather conditions, traffic, staff availability or other factors beyond our reasonable control. If we need to amend the time or date of a Visit, we will notify the Client as soon as reasonably practicable.
4. Access and Client Responsibilities
4.1 The Client must ensure that our gardeners have safe and unobstructed access to the garden or outdoor areas where the Services are to be performed, including access through side passages, gates or communal areas as required.
4.2 The Client is responsible for ensuring that pets are safely secured and that children and other occupants keep a safe distance from the areas in which work is being carried out.
4.3 The Client must inform us prior to the Visit of any known hazards, such as unstable structures, sharp objects, hidden ponds, damaged paving, uneven surfaces, or any other risk that may affect the safety of our gardeners.
4.4 We reserve the right to refuse or discontinue work if, in our reasonable opinion, conditions at the property are unsafe or materially different from those described at the time of booking. In such cases, a call out or minimum charge may still apply.
5. Pricing and Quotations
5.1 Services may be charged on an hourly rate, fixed price, or per-project basis. The applicable pricing method will be confirmed at the time of Booking or in our quotation.
5.2 Where we provide an estimate of time or cost, this is based on the information available to us and our professional judgement. If, during the Visit, the work is found to be more extensive or complex than initially described, we will inform the Client and may revise the estimate or quotation.
5.3 Unless otherwise stated, prices quoted exclude any additional charges for waste disposal, materials, plants, specialist equipment hire or parking fees. Any such additional charges will be explained to the Client as applicable.
5.4 All prices are stated in pounds sterling and are subject to any applicable taxes as required by UK law at the time the Services are provided.
6. Payments and Invoicing
6.1 Payment is due in full upon completion of the Services, unless otherwise agreed in writing prior to the Visit.
6.2 We may accept payment by cash, bank transfer, card payment or other methods we specify from time to time. We are not obliged to accept any particular form of payment.
6.3 For regular maintenance contracts or larger projects, we may issue invoices on completion of each Visit or at agreed stages. Each invoice will state the amount due and the date by which payment must be made.
6.4 If the Client fails to pay any sum due by the specified due date, we reserve the right to charge interest on the overdue amount, calculated on a daily basis until payment is made in full. We may also suspend further Services until all outstanding invoices are settled.
6.5 The Client is responsible for all bank charges and transaction fees that may arise from the chosen method of payment, particularly for international transfers if relevant.
7. Cancellations, Rescheduling and Missed Appointments
7.1 The Client may cancel or request to reschedule a Visit by giving reasonable notice. Unless otherwise specified in our quotation or confirmation, we require at least 24 hours notice to cancel or reschedule without charge.
7.2 If the Client cancels or reschedules a Visit with less than the required notice period, we reserve the right to charge a cancellation fee, which may be up to the full fee for the scheduled Visit.
7.3 If our gardeners attend the property and are unable to gain access, or if the Visit cannot proceed due to factors within the Client control, such as locked gates, unsecured pets or unsafe conditions, this will be treated as a late cancellation and a call out or full Visit charge may apply.
7.4 In the event of severe weather or circumstances beyond our reasonable control that prevent us from safely carrying out the work, we may cancel or postpone the Visit without liability. We will offer the Client an alternative date for the Visit as soon as practicable.
8. Garden Waste and Environmental Regulations
8.1 We comply with applicable UK environmental and waste regulations when handling and disposing of garden waste arising from our Services.
8.2 Our standard Services may include the collection and bagging of green waste, such as grass cuttings, leaves, small branches and plant material. Removal of waste from the site is not always included and, where included, may be subject to an additional charge.
8.3 When garden waste removal is not included, we may leave bagged waste in an agreed location within the Client property for disposal by the Client, such as via a local authority garden waste collection scheme or at a licensed recycling facility.
8.4 We do not remove hazardous or prohibited materials, including but not limited to soil contaminated with chemicals, asbestos, controlled waste, or any items that cannot be legally transported or disposed of as normal garden waste.
8.5 If the Client requests that we dispose of waste beyond that reasonably generated by our own work, additional charges may apply and will be agreed before such work is carried out.
9. Materials, Plants and Products
9.1 Where we supply materials, plants or products as part of the Services, we will use reasonable care to source suitable items from reputable suppliers.
9.2 Any photographs or descriptions of plants or materials given prior to the Visit are for guidance only. Natural variations in colour, size and appearance are to be expected.
9.3 The Client is responsible for the ongoing care, watering and maintenance of any plants or turf supplied and installed by us, unless a separate maintenance agreement is in place. We cannot guarantee the lifespan or performance of living plants, which are subject to natural conditions beyond our control.
10. Client Satisfaction and Complaints
10.1 We aim to provide Services with reasonable care and skill. If the Client is dissatisfied with any aspect of the work, they should notify us as soon as possible, ideally within 48 hours of completion of the Visit.
10.2 We will review any complaint, and where appropriate and feasible, we may arrange to revisit the property to inspect the work and, at our discretion, carry out reasonable remedial work.
10.3 Our liability in respect of any defective Services will be limited, to the extent permitted by law, to either re-performance of the Services or a refund of the price paid for the relevant portion of the Services.
11. Liability and Insurance
11.1 We will exercise reasonable care and skill in providing the Services. However, the Client acknowledges that gardening work carries inherent risks of minor damage or disruption to fragile plants, lawns and surfaces.
11.2 We are not liable for normal wear and tear or for damage resulting from pre-existing defects, unstable structures or items that were not reasonably visible or disclosed at the time of the Visit.
11.3 We are not liable for any loss or damage arising from factors beyond our reasonable control, including extreme weather, pests, disease, acts of third parties, or subsequent misuse or neglect by the Client.
11.4 Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, for fraud, or for any other liability which cannot legally be limited or excluded under UK law.
11.5 Subject to the above, our total liability to the Client for any loss or damage arising out of or in connection with the Services, whether in contract, tort or otherwise, shall not exceed the total amount paid or payable by the Client for the specific Visit or project giving rise to the claim.
12. Damage to Property
12.1 The Client must ensure that any fragile items, decorations, or valuable objects are removed from areas where we will be working.
12.2 If accidental damage to property occurs due to our negligence, the Client must notify us promptly with details and, where possible, photographs. We will investigate the matter and, where appropriate, arrange for repair, replacement or compensation up to the limits set out in these Terms and Conditions.
13. Health and Safety
13.1 We are committed to operating in a manner that protects the health and safety of our gardeners, Clients and the public.
13.2 Our gardeners will use appropriate tools, machinery and personal protective equipment. The Client must not interfere with or use our equipment unless explicitly authorised.
13.3 The Client must ensure that we have access to any necessary facilities, such as water for mixing products or cleaning tools when required, and must inform us of any restrictions or considerations relevant to the safe completion of the work.
14. Data Protection and Privacy
14.1 We will collect and process personal data such as names, addresses and contact details for the purposes of managing bookings, providing Services and handling accounts.
14.2 We will take reasonable steps to keep personal information secure and will not share it with third parties except where required for the performance of the Services, for legal or regulatory reasons, or with the consent of the Client.
15. Amendments to Terms and Conditions
15.1 We reserve the right to amend these Terms and Conditions from time to time. Any updated version will apply to new Bookings made after the date of publication of the revised Terms and Conditions.
15.2 For ongoing maintenance contracts, we will notify the Client of any significant changes to these Terms and Conditions. Continued use of our Services after such notification will constitute acceptance of the updated terms.
16. Governing Law and Jurisdiction
16.1 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.
16.2 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 Services, including any non-contractual disputes or claims.
By making a Booking with Gardeners Freezywater or by allowing our gardeners to commence work, the Client confirms that they have read, understood and agree to be bound by these Terms and Conditions.