Regular Garden Maintenance Terms and Conditions

TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms which apply to the provision of gardening services by Johnson Gardening Services Ltd (“the Trader”) to customers who require gardening services to be provided at their home on a regular basis.

These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

1. Definitions and Interpretation
   • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

• Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message, fax or other means.
• Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
• Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
• Each reference to a Schedule is a reference to a schedule these Terms and Conditions.
• The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
• Words signifying the singular number will include the plural and vice versa.
• References to any gender will include the other gender.
• References to persons, unless the context otherwise requires, include corporations.

2. Information about Us
   • We are a Limited Company.
   • We trade under the name Johnson Gardening Services Ltd
   • We are registered in the United Kingdom under number 10099105.
   • Our registered office is at 14 Norton Grove, Swindon, Wiltshire. SN3 1BW
   • Our main trading address is 14 Norton Grove, Swindon, Wiltshire. SN3 1BW

3. Communication and Contact Details
   • If You wish to contact Us with questions or complaints, You may contact Us by telephone at 01793 625876 or by email at enquiries@johnsongardening.co.uk.
   • In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
     • contact Us by email at enquiries@johnsongardening.co.uk; or

contact Us by pre-paid post at Johnson Gardening Services Ltd, 14 Norton Grove, Swindon, Wiltshire. SN3 1BW

4. Orders
   • We accept orders for Gardening Services through telephone, the internet, email and in person.
   • When placing an Order You should set out, in detail, the Gardening Services required. Details required include the location of the Property, the size of the garden, the type of work required, the type of plants, trees or similar that are required and/or that are to be maintained and the frequency of Visits required.
   • Once the Order is complete and submitted We will prepare a Quotation and send it to You either by email, first class post or in person. The Quotation will set out the required Monthly Fee (see Clause 5).
   • You may request changes to the Order and Quotation before accepting it. You may accept the Quotation by internet (clicking the “Accept Quote” button within the online quote) or by telephone or

5. Fees and Payment
   • We will calculate the “Per Visit Value” based on the following factors:
     • Approximate length of each visit required to complete work;
     • Fluctuations in the needs of your garden during each visit depending on season;
     • Services required;
     • Size of garden;
     • Tools required to complete work including use of tools requiring fuel;
     • Frequency of visits based on seasonal requirements.
   • We will calculate the Monthly Fee based on the following calculation:
     • An annual cost is calculated by multiplying the Per Visit Value by the number of visits required over 1 full Gardening Year.
     • The annual cost is then divided by 12 into equal monthly payments, producing the Monthly Fee due.
   • We reserve the right to increase the Monthly Fee on an annual basis (usually at the start of the Gardening Year in April) in line with any increased running costs and the rate of inflation. We will make all reasonable endeavours to notify you of any price increase with at least 14 days notice.
   • Unless specifically noted otherwise within the Quote, the removal of green waste is not included in our monthly fee. Customers are advised to take advantage of the Council Green Bin Scheme if available. If any waste generated during the course of providing Gardening Services exceeds the available space in the Green Bin, then it is understood, unless prior notice is given and authority withdrawn, that We will remove the Green Waste and charge You by way of a separate invoice. The charge is calculated by weight as per the fee schedule set out by Swindon Borough Council.
   • We will charge You for any Products supplied as part of our provision of the Gardening Services. We will seek your approval before supplying and charging you for any Products. You may if you wish authorise us to supply Products up to a specified value each month without seeking approval.
   • If the price of Products increases between Your approval of the price and Our purchase of the Produces, We will inform You of the increase and seek your approval to proceed. You may if you wish pre-authorise a specified percentage increase in the price of Products.
   • We will invoice You at the end of each Service Period on the 30^th of each month for Gardening Services provided as per the schedule set out in the Quote regardless of how many Visits are made in that Service Period.
   • You must pay each invoice within 5 days of receiving it.
   • We accept the following methods of payment:
     • Direct Debit;
     • Direct bank transfer;
     • Cash;
     • Cheques are not normally accepted unless in exceptional circumstances.
   • If You do not pay an invoice within 30 days of the due date We may charge You interest on the overdue sum at the rate of 8% above the base rate of Lloyds Bank from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
   • If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.

6. Gardening Services
   • We will provide the Gardening Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).
   • We will begin to provide the Gardening Services on the Start Date and will continue to provide the Gardening Services for a minimum period of 12 months or until the Agreement is terminated by You or Us in accordance with these Terms and Conditions.
   • We will use reasonable endeavours to ensure that You are always assigned the same Gardener. If a particular Gardener is unavailable We will inform You of any change prior to or during a Visit. We do not guarantee to provide a particular assigned gardener to you in the provision of our Service. If we temporarily or permanently change your assigned gardener, We will let You know as soon as is reasonable practical.
   • We may, from time to time, provide sketches, impressions, plans or similar documents. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Gardening Services nor to guarantee specific results.
   • We will use reasonable endeavours to ensure that the Products We use match those chosen by You. However, We cannot guarantee the quality, properties or consistency of the Products. If plants, trees, shrubs or other materials chosen by You are unavailable, We will select alternatives that are as close a match as possible to Your original requirements.
   • The responsibility (sometimes referred to as the “risk”) for the Products remains with Us until they have been delivered to You at which point it will pass to you. You will own the Products once We have received payment in full for them.
   • We will ensure that the Gardening Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best practice in the gardening market.
   • We will ensure that We comply with all relevant codes of practice.
   • We will properly dispose of all waste that results from provision of the Gardening Services in accordance with Clause 5.3.
   • We will where reasonably possible leave the Property in a clean and tidy state at the end of each Visit and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will wherever possible store all tools and materials only in areas where work is being carried out or remove them from the Property at the end of each working day.
   • If gardening work beyond the normal remit of the Gardening Services is required (to deal with diseased plants or storm damage, for example) We will first obtain Your consent to perform such work and will add the costs of such work to the invoice for the Service Period in which the work takes place.

7. Your Obligations
   • You will ensure that the Gardener can access the Property at the Agreed Times to provide the Gardening Services.
   • You will be present at the Agreed Times to give the Gardener access or arrange for access to be available, for example through an unlocked gate. We commit to ensure that all routes of access, for example gates, will be closed after use and left in the manner in which they were found. No responsibility will be taken for loss or damage to the property outside of the Agreed Times that happens as a result of unlocked access to the garden being available.
   • If any consents, licences, permits (including parking) or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them, including payment of any applicable fees, before we begin to provide the relevant part of the Gardening Services.
   • If We receive any fine or penalty as a result of any consent, licence, permit (including parking) or other permission not being obtained or provided, We will pay the fine on your behalf and invoice you the same charge incurred in accordance with Clause 5.
   • If You do not provide the required access to the Property or make it impossible for Us to provide the Gardening Services by failing to comply with any other provision in this Clause 7, You will continue to pay Your invoice at the normal rate plus any additional charges incurred as a result.
   • It is not possible to cancel or rearrange individual visits on our Regular Garden Maintenance Service without Terminating your Contract as per Clause 10. If you do not require us to complete an individual Gardening Visit as planned, where possible, please provide 48 hours notice by emailing paul@johnsongardening.co.uk. Unless in exceptional circumstances and with express written Agreement, We will continue to invoice you at the normal rate.
   • If You notice any damage following Our visit that We have not noticed or notified You about, You must contact us within 7 days of the alleged damage occurring in order for us to conduct an investigation. Any claims arising from this investigation are in accordance with Clause 13.

8. Complaints and Feedback
   • We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
   • All complaints are handled in accordance with Our complaints handling policy and procedure, available from Janet Johnson, Commercial Director.
   • If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
     • In writing, addressed to Janet Johnson, Commercial Director, Johnson Gardening Services Ltd, 14 Norton Grove, Swindon, Wiltshire. SN3 1BW;
     • By email, addressed to Janet Johnson, Commercial Director, janet@johnsongardening.co.uk
     • By contacting Us by telephone on 01793 625876.

9. Cancellation of Contract During the Cooling Off Period
   • Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends at the end of 14 calendar days after that date. 
   • If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post, fax or email to the postal address, fax number or email address specified in these Terms and Conditions).
   • To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
   • If You exercise the right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract.
   • We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
   • We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.
   • If the Start Date falls within the cooling off period You must make an express request for provision of the Gardening Services to begin within the 14 calendar day cooling off period. By making such a request You acknowledge and agree to the following:
     • If You cancel the Agreement after provision of the Gardening Services has begun You will be required to pay for the Gardening Services supplied up until the point at which You inform Us of Your wish to cancel;
     • The amount due will be a fair proportion of the Monthly Fee. Any sums that have already been paid for the Gardening Services will be refunded subject to deductions calculated on this basis; 
     • We will process any refund within 3 working days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.
   • Clause 10 applies to termination of the Agreement after the 14 calendar day cooling off period has elapsed.

10. Termination
    • In addition to Your rights in Clause 9 relating to the cooling off period, You may terminate the Agreement at any time by giving Us at least 30 days written notice for individual residential customers and 3 months written notice for corporate or resident association customers.
    • You may terminate the Agreement with immediate effect by giving Us written notice if:
      • We have breached the Agreement in any material way and have failed to remedy that breach within 7 days of You asking Us in writing to do so;
      • We enter into liquidation or have an administrator or receiver appointed over Our assets;
      • We are unable to provide the Gardening Services due to an event outside of Our control (see Clause 12);
      • We wish to change these Terms and Conditions to Your material disadvantage.
    • We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible.
    • After the Start Date, We may terminate the Agreement at any time by giving You at least 14 days written notice.
    • We may terminate the Agreement with immediate effect by giving You written notice if:
      • You fail to make a payment on time as required under Clause 5 (this does not affect Our right to charge interest on overdue sums under sub-Clause 5.8);
      • You have breached the Agreement in any material way and have failed to remedy that breach within 7 days of Us asking You in writing to do so; or
      • We have been unable to provide the Gardening Services for more than 4 weeks due to an event outside of Our control (see Clause 12).
      • You have invited any employees to perform additional Gardening Services outside of Our Agreement without Our knowledge or express Agreement.
    • For the purposes of this Clause 10 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

11. Effects of Termination
    • If the Agreement is terminated for any reason the provisions of this Clause 11 will apply.
    • At the termination date, the total number of visits made since the Gardening Year Start Date (usually April) or your contract Start Date (if within the last 12 months) will be multiplied by the Per Visit Value resulting in the “Value of Gardening Services Received”.
    • At the termination date, the total value of all Payments made to us since the Anniversary will be calculated resulting in “Total Payments Received”.
    • If at the termination date:
      • The Total Payments Received is more than the Value of Gardening Services Received, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
      • The Value of Gardening Services Received is more than the Total Payments Received, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 5.
    • Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
    • Termination will not remove or reduce any right to damages or other remedy which either You or Wemay have in respect of any breach of the Agreement which exist at or before the date of termination as long as notice is provided within 30 days of any incident resulting in damage or claim.

12. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, rain, snow, wind, flood, extreme heat, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
    • If We are unable to carry out a Visit due to circumstances beyond our control, including where Weather Warnings are in place from the Met Office for circumstances including rain, wind, heat or snow, We will:
      • We will inform You as soon as is reasonably possible;
      • Re-arrange your Visit to another date within the same Gardening Year of the original planned Visit;
      • If We haven’t been able to re-arrange your Visit to another date by the end of the same Gardening Year, a credit equal to the Per Visit Value will be placed on your account to be redeemed against your invoice for the following Gardening Year or at Termination, whichever is soonest.
    • If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      • We will inform You as soon as is reasonably possible;
      • Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Gardening Services as necessary;
      • You or We may terminate the Agreement (see Clause 10).

13. Liability
    • We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
    • We will maintain suitable and valid insurance including public liability insurance and employers liability insurance.
    • We provide Gardening Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    • If We cause any damage to the Property, We will make good that damage at no additional cost to You, subject to the limits set out in Clause 13.6. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Gardening
    • If we feel circumstances within your garden means there is increased risk of damage, or damage is unavoidable, We will notify You in advance of starting work. Any subsequent damage to areas of increased risk will be Your responsibility and neither Johnson Gardening Services Ltd or its employees will accept liability or responsibility for damage to those areas.
    • Our total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions or the Agreement (or that of the Gardener) is limited to £100.
    • We are not liable for any loss or damage You suffer which results from Your failure to follow anyreasonable instructions given by Us or the Gardener.
    • Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
    • Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

14. How We Use Your Personal Information (Data Protection)
    • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
    • We may use Your personal information to:
      • provide the Gardening Services to You;
      • process Your payment for the Gardening Services;
      • inform You of new products and services available from Us. You may request that We stop sending You this information at any time.
    • We will not pass on Your personal information to any other third parties without first obtaining Your express permission.

15. Other Important Terms
    • We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
    • We may from time to time change the regular Agreed Day, Agreed Time or your assigned Gardener for Gardening Services to be provided in line with the needs of Our Business. We will make all reasonable endeavours to inform you of any change with at least 48 hours’ notice.
    • The Monthly Fee may be adjusted on an annual basis in line with changes in running costs and the rate of inflation. We will make all reasonable endeavours to inform you of any change with at least 14 days notice.
    • If any gardening work outside the remit of your normal Gardening Services is required, You should forward all such requests to either Paul Johnson or Janet Johnson. You must not invite your assigned Gardener to perform any additional work outside of Our Agreement without Our express Agreement. This includes Gardening work carried out in Our Gardeners’ personal time. Failure to do so will result in immediate termination of Our Agreement as set out under Clause 10.5.4.
    • We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing.  Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
    • The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the
    • If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
    • No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.

16. Law and Jurisdiction
    • These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) will be governed by, and construed in accordance with, English Law.
    • Any dispute, controversy, proceedings or claim between You and Us relating to the Agreement or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by Your residency.