Terms of Service for Rutland Garden Design
These Terms and Conditions govern the use of services provided by Rutland Garden Design. By engaging our services, you agree to be bound by these terms.
1. Services Provided We offer garden design services, including but not limited to consultation, garden designs, plant selection and maintenance information, plant placement and planting services, lighting plans and irrigation plans.
2. Initial Consultation and quote We offer an initial consultation to discuss your garden design needs and from this, we can provide a quote for all services available. This consultation is currently free of charge. The quote is valid for 14 days from the day sent to you and if agreed later than this timeframe, an updated quote will be created.
3. Design Agreement
- Once the initial consultation is complete and the quote agreed upon, we will discuss requirements in more depth, take soil samples to test and take measurements needed to create the designs. With some larger and more complex projects, it may be necessary for you to engage a specialist land surveyor to carry out a topographical survey at your own cost.
- We will provide two draft plans in pencil and meet to present our ideas to you. This is where changes big or small should be made to avoid issues further into the design process.
- Once ideas from the draft plans have been agreed upon, a 2D hand-drawn concept plan is created to show you the final design of your new garden. Before it is rendered and labelled, you will be able to agree the design. Any changes to this design after this point may result in additional charges.
- A working plan is created to scale to show measurements for a landscaper of your choice. We work regularly with trusted landscapers and would be happy to recommend them to you.
- Depending on services agreed, planting plans, lighting plans and irrigation plans are all created at this point. These can be added on once the working plan is completed and a new quote will be created. Lighting plans must be given to a qualified electrician for the execution of recommended works. This is a separate contract between you and the electrician.
- Any additional visits to the site to those already stated above and requested by you may result in additional travel and time charges.
- Once all plans are handed over to you and a landscaper has been agreed, we offer a service of ordering, taking delivery of plants on site and setting them out in positions, ready to plant. This happens after the landscaping works have been carried out, unless previously agreed by you and the landscaper. Payment for the plants, including delivery costs, is required upon delivery to your garden and before they are planted.
4. Payment Terms
A deposit of 25% is required before any work begins to secure services and initiate the design process.
The remaining balance is due upon completion of the project unless otherwise agreed. An invoice will be issued and payment is due within 14 days of receipt.
We accept payment by BACS. We are not a VAT-registered company.
Payments are non-refundable unless stated otherwise.
5. Project Timeline We will provide an estimated timeline for the completion of the design project. While we strive to meet deadlines, we are not liable for delays caused by unforeseen circumstances.
6. Changes and Revisions Any changes to the original concept design or scope of work after the agreement, may result in additional charges. We will inform you of any changes in pricing before proceeding with the revisions.
7. Client Responsibilities
You agree to provide access to the property as needed to complete the project.
You must notify us of any existing structures, utilities, or features on the property that may affect the design.
By confirming acceptance of the quotation in writing (or email) and paying the deposit to secure services and initiate the design process, you agree to the terms and conditions outlined in this document.
You understand that although a budget is in mind when designing, it is not always possible to accurately estimate the final cost of a design until it is presented to a contractor for pricing. Once costed, if savings need to be made, materials can be changed, elements can be removed, or the project can be phased to help with this.
You understand that when recommending contractors in good faith, we have no liability for any defects in the work carried out or goods supplied. It is a separate contact between you and the contractor.
You agree to carry out correct and regular horticultural maintenance to facilitate the ongoing establishment of the garden after completion.
8. Liability
- Rutland Garden Design cannot be held responsible for any unforeseen conditions or discoveries that may arise once the landscaping work has commenced. This includes but is not limited to, hidden utilities, underground structures or other unexpected issues that may require additional time, materials and labour.
- Dimensions, boundaries and the exact positioning of trees should be verified prior to commencing any work.
- When recommending plants, we have taken care to ensure they are chosen to suit the environmental factors within your garden. Their growth and survival depend on year-round maintenance and care, not solely on these conditions.
- Changes to the specification of the proposed construction works may require amendments to be made to the information presented in this drawing.
9. Intellectual Property All designs, plans, and drawings produced by us remain our intellectual property until payment is received in full. After full payment, you will have ownership of the final design.
10. Privacy and Confidentiality We will keep your personal information confidential and only use it for the purpose of fulfilling the contract. We will always seek permission before taking photographs of your garden. Any photographs or descriptions may be used in our marketing materials with your consent.
11. Dispute Resolution If any dispute arises in connection with this Agreement, the parties agree to attempt to resolve it amicably as follows:
First by negotiation between the parties
If negotiation fails within 14 days, by mediation, with he mediator to be agreed between the parties.
If mediation does not resolve the dispute within a further 14 days, then either party may initiate legal proceedings in a court of competent jurisdiction in England and Wales.
Each party shall bear its own costs in mediation unless otherwise agreed.
12. Termination Rights This Agreement may be terminated by either party under the following conditions:
Material breach: If a party materially breaches the Agreement and fails to remedy it within 14 days of written notice.
Force Majeure: If a Force Majeure Event continues beyond the agreed period, either party may terminate with 7 days' written notice.
Mutual agreement: Both parties may agree in writing to terminate at any time.
Upon termination:
You shall pay for all work completed and costs incurred up to the termination date.
We may invoice for non-recoverable commitments made in anticipation of continued work.
Upon full payment, we will deliver all completed design materials created up to the termination date.
13. Governing Law These Terms and Conditions are governed by the laws of England and Wales and any disputes arising from them will be resolved within that jurisdiction.
14. Amendments We reserve the right to update or amend these Terms and Conditions at any time. Any changes will be communicated to you and will take effect immediately upon publication.