Terms of Service & Terms and Conditions

Terms of Service & Terms and Conditions

Terms of Service:

The following terms and conditions govern all use of the www.johnsongardening.co.uk website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Johnson Gardening Services Ltd (“Johnson Gardening Services Ltd”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Johnson Gardening Services Ltd’s Privacy Policy) and procedures that may be published from time to time on this Site by Johnson Gardening Services Ltd (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Johnson Gardening Services Ltd, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

  1. Your www.johnsongardening.co.uk Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Johnson Gardening Services Ltd may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Johnson Gardening Services Ltd liability. You must immediately notify Johnson Gardening Services Ltd of any unauthorized uses of your blog, your account or any other breaches of security. Johnson Gardening Services Ltd will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Johnson Gardening Services Ltd or otherwise.
  3. By submitting Content to Johnson Gardening Services Ltd for inclusion on your Website, you grant Johnson Gardening Services Ltd a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Johnson Gardening Services Ltd will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
    Without limiting any of those representations or warranties, Johnson Gardening Services Ltd has the right (though not the obligation) to, in Johnson Gardening Services Ltd’s sole discretion (i) refuse or remove any content that, in Johnson Gardening Services Ltd’s reasonable opinion, violates any Johnson Gardening Services Ltd policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Johnson Gardening Services Ltd’s sole discretion. Johnson Gardening Services Ltd will have no obligation to provide a refund of any amounts previously paid.
  4. Payment and Renewal.
    • General Terms.
      By selecting a product or service, you agree to pay Johnson Gardening Services Ltd the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
    • Automatic Renewal.
      Unless you notify Johnson Gardening Services Ltd before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Johnson Gardening Services Ltd in writing.
  5. Services.
    • Fees; Payment. By signing up for a Services account you agree to pay Johnson Gardening Services Ltd the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Johnson Gardening Services Ltd reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Johnson Gardening Services Ltd.
    • Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Johnson Gardening Services Ltd to respond within three business days) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free www.johnsongardening.co.uk services. All support will be provided in accordance with Johnson Gardening Services Ltd standard services practices, procedures and policies.
  6. Responsibility of Website Visitors. Johnson Gardening Services Ltd has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Johnson Gardening Services Ltd does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Johnson Gardening Services Ltd disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.johnsongardening.co.uk links, and that link to www.johnsongardening.co.uk. Johnson Gardening Services Ltd does not have any control over those non-Johnson Gardening Services Ltd websites and webpages, and is not responsible for their contents or their use. By linking to a non-Johnson Gardening Services Ltd website or webpage, Johnson Gardening Services Ltd does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Johnson Gardening Services Ltd disclaims any responsibility for any harm resulting from your use of non-Johnson Gardening Services Ltd websites and webpages.
  8. Copyright Infringement and DMCA Policy. As Johnson Gardening Services Ltd asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.johnsongardening.co.uk violates your copyright, you are encouraged to notify Johnson Gardening Services Ltd in accordance with Johnson Gardening Services Ltd’s Digital Millennium Copyright Act (“DMCA”) Policy. Johnson Gardening Services Ltd will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Johnson Gardening Services Ltd will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Johnson Gardening Services Ltd or others. In the case of such termination, Johnson Gardening Services Ltd will have no obligation to provide a refund of any amounts previously paid to Johnson Gardening Services Ltd.
  9. Intellectual Property. This Agreement does not transfer from Johnson Gardening Services Ltd to you any Johnson Gardening Services Ltd or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Johnson Gardening Services Ltd. Johnson Gardening Services Ltd, www.johnsongardening.co.uk, the www.johnsongardening.co.uk logo, and all other trademarks, service marks, graphics and logos used in connection with www.johnsongardening.co.uk, or the Website are trademarks or registered trademarks of Johnson Gardening Services Ltd or Johnson Gardening Services Ltd’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Johnson Gardening Services Ltd or third-party trademarks.
  10. Advertisements. Johnson Gardening Services Ltd reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
  11. Attribution. Johnson Gardening Services Ltd reserves the right to display attribution links such as ‘Blog at www.johnsongardening.co.uk,’ theme author, and font attribution in your blog footer or toolbar.
  12. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
  13. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
  14. Changes. Johnson Gardening Services Ltd reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Johnson Gardening Services Ltd may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  15. Termination. Johnson Gardening Services Ltd may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.johnsongardening.co.uk account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Johnson Gardening Services Ltd if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Johnson Gardening Services Ltd’s notice to you thereof; provided that, Johnson Gardening Services Ltd can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  16. Disclaimer of Warranties. The Website is provided “as is”. Johnson Gardening Services Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Johnson Gardening Services Ltd nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  17. Limitation of Liability. In no event will Johnson Gardening Services Ltd, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Johnson Gardening Services Ltd under this agreement during the twelve (12) month period prior to the cause of action. Johnson Gardening Services Ltd shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  18. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Johnson Gardening Services Ltd Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  19. Indemnification. You agree to indemnify and hold harmless Johnson Gardening Services Ltd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  20. Miscellaneous. This Agreement constitutes the entire agreement between Johnson Gardening Services Ltd and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Johnson Gardening Services Ltd, or by the posting by Johnson Gardening Services Ltd of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the county of Wiltshire, UK, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Swindon, Wiltshire. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Swindon, Wiltshire, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Johnson Gardening Services Ltd may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

JOHNSON GARDENING SERVICES LTD

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:

 

“Agreed Times”

means the times which You and We agree for the Gardener to have access to the Property to provide the Gardening Services as specified in the Agreement;

“Agreement”

means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions. Our standard form of Agreement is attached as Schedule 1;

“Business”

means any business, trade, craft or profession carried on by You or any other person/organisation;

“Consumer”

means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Trader who receives Gardening Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;

“Gardener”

means Us or Our employee who will be responsible for providing the Gardening Services;

“Gardening Services”

means the gardening services We will provide as specified in the Agreement;

“Monthly Fee”

 

 

“Per Visit Value”

means the fee You are to pay for the Gardening Services as specified in the Agreement;

 

means the financial value of the work needed to complete an individual visit which is used in order to calculate the Monthly Fee;

“Order”

means Your initial request for Us to provide the Gardening Services as set out in Clause 2;

“Products”

means the products required for the provision of the Gardening Services which We will supply (if any) as specified in the Agreement;

“Property”

means Your home, as detailed in the Order and the Agreement, at which We are to provide the Gardening Services;

“Quotation”

means the quotation We give to You in accordance with Clause 2 detailing the services We will provide to You and the fees We will charge;

“Service Period”

means a period of one month beginning on the Start Date and repeating until the Agreement is cancelled or terminated;

“Start Date”

means the date You and We agree on for Us to start providing the Gardening Services as specified in the Agreement;

“Visit”

 

 

 

“Gardening Year”

means any occasion, scheduled or otherwise, on which the Gardener visits the Property to provide the Gardening Services;

 

means the period used to calculate gardening services required over a 12 month period. The Gardening Year runs from 1st April to 30th March each year;

“We/Us/Our”

means the Trader and includes all employees, agents and sub-contractors of the Trader;

“You/Your”

means a Consumer who is a customer of the Trader.

 

 

 

 

 

  • 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.

 

  1. 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

 

  1. 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 [email protected]
    • 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 [email protected]; or contact Us by pre-paid post at Johnson Gardening Services Ltd, 14 Norton Grove, Swindon, Wiltshire. SN3 1BW
  1. 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

 

  1. 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.
    • 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 30th 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.

 

  1. 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 a Visit.
    • 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.

 

  1. 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 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, We will invoice you at the normal rate plus any additional charges incurred as a result.
    • It is not possible to cancel 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 [email protected] Unless expressly agreed and in exceptional circumstances, 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.

 

  1. 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, [email protected]
      • By contacting Us by telephone on 01793 625876.

 

  1. 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.

 

  1. 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 14 days written notice.
    • 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.

 

  1. 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 We may 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.

 

  1. 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, 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 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).

 

  1. 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 any reasonable 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.

 

  1. 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.

 

  1. 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 and Agreed Time 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.
    • 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.

 

  1. 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.