A contract is formed between a client (referred to as the “Client”) and Design Only Gardens Ltd (referred to as the “Agency”) when an Order is received from the Client. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Agency to the Customer. These conditions do not affect your statutory rights.
The Agency agrees to supply the product(s) or service(s) to the Client as detailed in the Order and according to the terms and conditions of this contract.
3) Rights Reserved
Should the Agency choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Agency’s rights. By providing the Agency with an Order, the Client accepts these terms and conditions.
The Agency shall issue an invoice to the Client in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. These payment Terms override any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts these Terms. The Agency reserve the right to add an accumulative percentage on late payments as dictated under the UK government late payments scheme. Title in the goods or services shall remain with the Agency until full payment has been received, unless otherwise stipulated in the Order.
5) Approval / amendments of designs (2 set of amendments)
On the majority of projects, a ‘draft’ version of the garden design will be forwarded to the Client for their review. This draft may receive 2 rounds of revisions only, which is included in the original agreed cost. A major re-edit or re-vision will incur an additional hourly garden design rate of £75.00 per hour. (£150.00 per consultation visit and £500.00 per garden survey)
6) Health & Safety
The Agency and Client will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s). In all instances Design Only Gardens will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance the Client will be liable for any costs incurred as a result of this.
7) Bad weather
In the event of inclement weather, Design Only Gardens reserves the right to change the dates of garden surveys, in-person consultations and site visits to a more suitable day. Design Only Gardens will not allow the safety of the equipment or personnel to be compromised.
8) Aborting site-visit and survey (on the day) or re-visiting due to clients lack of organisation
In the event of your garden site visit or survey being delayed or aborted due to a lack of organisation from the Client, Design Only Gardens reserves the right to charge the relevant hours of design costs. A re-visit to site to carry out further works may incur additional cost.
9) Changing site-visit and survey dates
In the event the Client wishes to change the date/time of their site-visit or garden survey. Design Only Gardens require a reasonable notice period. The definition of a reasonable notice period is at least one full week's notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred.
10) Equipment or person substitution / failure
In the unlikely event that Design Only Gardens experiences equipment failure or difficulties on the day of your garden survey, all efforts will be made to find suitable replacement of persons and equipment as soon as possible. The equipment and persons used on the day of the survey will be at the discretion of the garden designer working on your project. No further claims or liability will be accepted.
11) Works specified (as per invoice)
All works undertaken will be as per Design Only Gardens consultation undertaken. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional design work, consultation visits, or site surveys will be charged.
12) Creative Brief
Unless otherwise agreed, the Client accepts the Agency’s decisions on creativity within the product(s) or service(s).
13) Design Fee/Cancellation
Monies paid by the Client to reserve the product(s) or service(s) of the Agency will be accepted as a Design Fee. If the Customer cancels the order after the commencement of supply of the product(s) or service(s) the Client will be liable for the costs incurred by the company. Deductions will be made in the event a refund is requested in relation to how much work has been committed to the project.(£150.00 per consultation visit and £500.00 per garden survey and £75 per hour spent on the design elements of the project as recorded within our design log.)
The Agency accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of the Agency being unable to supply the product(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Client.
Unless otherwise stated in the Order, the Agency retains copyright in all their Original Material. Original Material includes video recordings, garden designs, video animations, printed material (including plans) and any other design work commissioned by the Client in relation to the Order. The Client must ensure that permission is sought for the inclusion of any copyright material they supply to the Agency to enable them to deliver the product(s) or service(s). The Agency reserves the right to use the material; / media, either in sections or in its entirety, for promotional purposes. The Client agrees to indemnify the Agency in the event of any breach of copyright claims being brought against the Agency in respect of material supplied by the Client.
16) Care and Damage to client property
Whilst every care is taken in the handling of the Client’s property, the Agency accepts no responsibility whatsoever for any loss or damage, however caused, or any other loss by unforeseen circumstances whilst they are in the custody of the Agency. Liability for such loss or damage will be limited to the replacement cost of the materials.
17) Right of Assignment
The Agency retains the right to assign the supply or partial supply of the product(s) or service(s) to the Client to another suitable Agency to conduct required work should they be unable to complete these terms and conditions.
The Agency retains the right to charge out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide the Client with proof of expenditure. All out-of-pocket expenses will be charged at cost. Out of pocket costs include but are not limited to; travel, food and accommodation.
Unless otherwise agreed the Agency will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Client shall keep confidential any methodologies and technology used by the Agency to supply of the product(s) or service(s).
20) Basis of law
These Terms and Conditions and any Agency letter and/or contracts are governed by the laws of the United Kingdom.