Before we can get going with your new garden design, we need to bring our standard terms and conditions to your attention. Please read the terms below which govern how we provide our services to you.
This contract is made between Harrogate Garden Design, whose principal address is at 1 Shelley Court, Harrogate, HG1 3LR (“we” or “us”) and the customer as stated in the Proposal (“you”).
The formal contract between us will come into effect on our confirmation of the Proposal. After that, any changes to the details set out in the Proposal must be agreed between us, as set out in the terms below.
The terms of this contract will override terms that you may have sent or may send to us or any other written correspondence or verbal communication including any advice or recommendation made before we confirm the Proposal.
“Design or Designs” means all designs including drawings and plans produced when performing the Services;
“Fee(s)” means the fees payable by you in connection with the Services, as set out in the Proposal or as may be varied by agreement between us;
“Proposal” means the written document(s) that is sent to you which sets out the detail of the Services we agree to provide to you;
“Services” means the services to be provided under this contract as set out in the Proposal;
“Writing” includes emails; when we use the words “writing” or “written” in these terms, this includes emails.
We will provide the Services to you as set out in the Proposal using all reasonable skill and care. We will provide the Services in a timely fashion but any time deadline set out in the Proposal, or as may be discussed between us, is only an estimate.
You agree to provide to us all necessary access and information to enable delivery of the Services. We will not be responsible for any delay or not providing any part of the Services if this is caused by you not giving us the access and/or information we need within a reasonable time of us asking for it.
If, despite our reasonable efforts, we are unable to contact you or arrange access to your property, we may end the contract and clause 11 will apply.
If you wish to make a change to the Services or any part of the Proposal, please contact us. We will let you know if the change is possible, any changes to Fees, any changes to the timetable or anything else which would be necessary as a result of your requested change.
We may make minor changes to the Services or the Proposal, from time to time, but these will not impact delivery of the Services. If we need to make more significant changes for any reason, we will provide full details to you and discuss and agree the changes with you.
All changes anticipated above will be agreed in writing between us.
Suspension of Services
If you do not pay us for the Services on the agreed payment dates (as set out in the Proposal) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services.
The Fees for the Services are set out in the Proposal, unless varied in accordance with these terms.
The Fees will be payable in accordance with the payment schedule set out in the Proposal.
All invoices shall be paid within 7 days of date of the invoice.
It is always possible that, despite our best efforts, Fees may need to be varied during the Project due to factors outside our control or factors that were unforeseen at the outset of the Project. In such event, we will contact you for your instructions before we continue the Services so that we can agree a reasonable variation to the Fees.
If we are unable to agree the variation to the Fees, we may end the contract and the terms at clause 11 shall apply. In addition, we will refund you for any Fees paid in advance in connection with Services that we have not delivered (at the date of termination).
From time to time, we may recommend third party suppliers or contractors to you in connection with the Designs or your garden. These are recommendations only and we will not be responsible for any products supplied or work undertaken by third parties, fees charged or any other aspect of their progress.
We may assist you in communicating with third parties, but it is your responsibility to contract directly with any third parties to supply products and/or carry out works.
We retain all rights and title to intellectual property in the Designs together with any developments and modifications to such Designs. We assert the moral rights that we have in the Designs.
Provided that you have paid all Fees payable under the contract, we hereby grant you a non-exclusive, perpetual, non-transferable and personal licence to use the Designs for your own internal business or residential purposes at the location set out in the Proposal, but for no other purpose.
You may not, without our written permission:
allow any third party to use the Designs;
recreate the Designs at a different location or transfer them to anyone else.
The provisions of this clause 8 shall remain in full force and effect after termination of this contract for whatever reason.
If any problems arise in connection with the provision of the Services, please contact us as soon as possible so that we can discuss and rectify any issues.
In the unlikely event that we fail to comply with any the terms of this contract, we shall use all reasonable endeavours to fix the problem or remedy the default where possible.
If we are unable to fix the problem or remedy the default, and we are to blame for any loss or damage you suffer as a result, we accept responsibility for any loss or damage that is foreseeable. This includes loss or damage that is either obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen (for example, if you discussed it with us during the sales process).
If you use the services for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in this contract shall affect the statutory rights of a consumer.
The provisions of this clause 9 shall remain in full force and effect after termination of this contract for whatever reason.
We take great care with our Designs and recommend what we consider to be suitable plant varieties for local conditions. However, due to the nature of living plants, care and maintenance requirements, subsequent site conditions and other factors that are outside our control, we do not accept responsibility for any loss of plants in situ.
The provisions of this clause 10 shall remain in full force and effect after termination of this contract for whatever reason.
You may cancel the contract before the Services have been completed and paid for. If you wish to cancel, you must provide not less than 7 days’ written notice to us.
On cancellation, we will charge you for all Services carried out up to the date of cancellation; this will be charged at our standard hourly rates. We may also charge you for any costs incurred by us in connection with the Services that cannot be cancelled and/or refunded. We will provide appropriate details to you.
Termination for Breach
If either party is in breach of any significant provision of this contract (a material breach) then that party will give the other party not less than fourteen (14) days’ written notice to allow them to correct that breach. If that party fails to remedy the breach within the notice period, then the other party will be entitled to terminate the contract with immediate effect at the end of that notice period.
Termination by Harrogate Garden Design
In addition to the rights above, we may terminate the contract at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
you do not, within a reasonable time, give us access to your property to enable us to provide the services to you; or
we are unable to agree a variation to the Fees as anticipated in clause 6
Consequences of Termination
If we terminate the contract in the situations set out above or for your breach, we will charge you for all Services carried out up to the date of termination. This will be charged at our standard hourly rates. We may also charge you for any costs incurred by us in connection with the Services that cannot be cancelled and/or refunded. We will provide appropriate details to you of any such charges payable.
We will use the personal information you provide to us to:
provide the Services;
process your payment for such Services (if applicable); and
if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
We will seek your consent if we wish to use any photographs or testimonials for marketing purposes.
We will only give your personal information to third parties where the law either requires or allows us to do so.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
These terms and conditions are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.