STUNNING GARDENS, SUSTAINABLE APPROACH

TERMS & CONDITIONS FOR SUSTAINABLE LANDSCAPES

These terms set out the basis on which we will provide our services to you

Sustainable Landscapes is a trading name of TSLG Limited, registration number 14253605.
On this page you will find both our TERMS OF BUSINESS and TERMS OF OUR WEBSITE.
These terms set out the basis on which we provide our services.

 

TERMS OF BUSINESS

General

All work undertaken will be discussed and agreed prior to the start date. All work will be completed from the final agreed estimate by Sustainable Landscapes using the final agreed design drawings by Sustainable Landscapes, or the final agreed design drawings supplied by the client or their garden designer.

The estimate for work includes all materials and labour stated from the final agreed design or if there is no drawing the final agreed estimate.

The estimate does not include any costs involved in the removal of any objects, stumps, concrete or any other unknown material buried underground that are unexpectedly revealed during excavation works.

Any delays caused by the removal of any unknown materials, which delay the project beyond the estimated completion date, will incur additional charges at our standard daily rate for the period of the delay.

Sustainable Landscapes is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to us in writing or apparent on visual inspection.

Severe weather conditions, including drought, may cause the delay of the start date of the contract. This will not affect the original, agreed price.

Any delays caused by either the client or other companies on site which cause work to be slowed or delayed past the estimated completion date will incur additional charges at our standard daily rate for the period of the delay.

Any estimated time given for the length of time a project will take to complete is purely an estimate and does not take in to account weather conditions, staff availability and alterations to the design. If projects overrun their estimated time and the quality of work is not in question the client does not have the right to apply penalty payments or seek out other contractors to complete remaining sections of work.

It is the sole responsibility of the client to ensure Sustainable Landscapes are made aware of any special / statutory bylaws / conditions/permissions that may be involved.

Sustainable Landscapes accept no responsibility for works that have been carried out on land that is not under the ownership of the client and it is assumed that all planning laws or regulations have been applied before commencement of any works.

The client shall provide access to site and dry storage space for materials at all times during the works progress and during working hours, typically being 7.30am – 16.30pm.

The client shall provide water, electricity and toilet facilities, if needed, at no charge to Sustainable Landscapes.

In the absence of off-street parking; permits must be obtained from your local authority for the entirety of the project.

Payment Process

The client will be responsible for all payments to Sustainable Landscapes, unless otherwise notified in writing prior to commencement.

Sustainable Landscapes provide free estimates by email from measurements and plans. If a site visit is needed or requested to design additional features not originally estimated for, then Sustainable Landscapes reserve the right to charge £60 per hour +VAT and this will be added on to the final invoice when you proceed with the work.

A booking deposit of 10% of the total estimate price is required to book in and secure the date of the work. The booking deposit will be deducted from the final amount due. Should the client decide not to proceed with the project, the booking deposit is refundable up to 28 days prior to the project start date. By paying the booking deposit it is presumed that the client accepts our terms of business.

A mobilisation payment of 40% of the total estimate price is payable five working days prior to project commencement. However, if a project requires a significant outlay on materials which need to be ordered well in advance of the build, then the mobilisation fee may be required more than 5 working days in advance of the commencement date. In such instances, we will confirm the time frame in the estimate.

For estimates under the value of £10,000, a final payment of the remaining 50% of the total estimate price, plus the costs of any additional works carried out, to be made within three working days following practical substantial completion of the project. Should additional works costs be greater than £1,000, then these costs will be treated as a separate invoice and settled when completed.

For estimates over the value of £10,000, an interim payment of 25% is payable 7 working days from the start of the project. A final payment of the remaining 25% of the total estimate price, plus the costs of any additional works carried out, to be made within three working days following practical substantial completion of the project. Should additional works costs be greater than £1,000, then these costs will be treated as a separate invoice and settled when completed.

For estimates over the value of £30,000, Sustainable Landscapes will create a bespoke payment plan to be agreed by the client prior to accepting the estimate.

The work is substantially complete when all items described in the estimate have been constructed, installed or disposed of (if this is agreed in the estimate). Substantial completion shall not include adjustment, repair, replacement or cleaning of any item so constructed or installed after final inspection. Requests for adjustment, repair, replacement or cleaning of any constructed or installed item shall not be the cause for delay of final payment, but rather shall be considered warranty items.

Cancellation of work not received within five working days of scheduled start of work will be subject to a charge of 20% of the quoted price on the estimate. If the original price included a materials payment, this amount will be non-refundable as materials would have already been purchased.

Sustainable Landscapes will be entitled to suspend performance of, or terminate the contract if the client fails to pay any sum due to us, in accordance with the payment terms, or is in breach of these terms, or becomes bankrupt, in which case Sustainable Landscapes shall be entitled to payment for all the work carried out and for all goods supplied to the date of the termination or suspension of the contract, and to retain any deposit or interim payment made towards this.

Sustainable Landscapes will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if Sustainable Landscapes are not paid according to agreed credit terms. Payment methods are by bank transfer or cash to include all VAT due.

Payments overdue by more than 3 days beyond their agreed due date will invalidate the one-year warranty provided on the project.

Alterations or Changes

Any additions and/or alterations to the schedule/project shall be properly treated as variations and subject to written instructions and additional payments may be required to cover the agreed changes. The client agrees that necessary extra purchases of a total up to £100 can be made without verbal or written consent, anything greater than £100 will be discussed with the client before purchase.

If the client adds extra work to the planned landscape gardening, then this will be chargeable at our standard day rates.

If the measurements given for the garden, by the client, are incorrect, then again, any extra labour and materials will be noted and charged to the client.

Miscellaneous

In instances where Sustainable Landscapes makes purchases of materials or goods on behalf of the customer, it is the responsibility of the customer to return any such materials or goods should they be unsatisfied with their quality or condition. Sustainable Landscapes is not obligated to manage or facilitate the return process of these items. It is incumbent upon the customer to ensure that returns are conducted in accordance with the supplier’s return policies and procedures.

Sustainable Landscapes accepts no liability for the quality, condition, or overall suitability of any materials or goods purchased on behalf of the customer. In the event of any issues, discrepancies, or dissatisfaction with the purchased materials or goods, the customer agrees to directly address and resolve such matters with the respective supplier or manufacturer. Sustainable Landscapes shall not be held responsible for any defects, damages, or deficiencies in materials or goods sourced on the customer’s behalf.

All materials surplus to the contract will remain the property of Sustainable Landscapes and will be removed from site upon completion unless paid for directly by the client, with the exception being any materials supplied by the client.

Sustainable Landscapes shall not be liable for any defects arising from the client’s own actions or lack of care, including without limitation, inadequate watering, deliberate damage, removal or other abuse or damage caused by the client.

Sustainable Landscapes are not able to accept responsibility for the well-being and maintenance of living plant material, including turf, following practical substantial completion. If necessary, Sustainable Landscapes reserve the right to substitute any plant with another of equal value and growth/habitat/colour in accordance with the specification. In regards to any landscaping work that involves digging – such as patios, artificial grass, drives or any other digging, nearby to trees, shrubs, flowers, plants etc. Sustainable Landscapes cannot be held responsible if roots are in the way and need to be cut to complete the work.

All finished hard surfaces will be installed with water flow away from property as per industry
standards requirements per metre. If flow is required, due to specific site conditions, to run back
towards a property, it must do so into a fully functioning ACO drain system. Should existing system
prove to be dysfunctional as a result of exposure from excavation works all subsequent costs will be
treated as additions to the agreed estimate.

After practical substantial completion, Sustainable Landscapes are not able to accept responsibility for any damage through the elements, including drought, winds, rain and frost to any materials, including plants.

Upon practical substantial completion the responsibility for the care and watering of all plants, lawns, etc., is handed over to the client and will require regular attention until established. Great care is taken to remove all weeds/roots from the site when being prepared, Sustainable Landscapes cannot accept responsibility for subsequent weed growth on completion of the project.

Any waste costs incurred that are not specified on the estimate shall be regarded as additions with
labour costs charged at an additional four hours per tonne filled in a skip.

If you accept the proposal, Sustainable Landscapes reserve the right to place an advertising a-board at the front of the property throughout the duration of the project.

If you accept the proposal, Sustainable Landscapes reserve the right to use photographs of the garden (before, during and after construction) in promotional material. Such promotional material will not include any personal information.

Garden maintenance is not included in landscaping projects unless specified.

 

TERMS OF OUR WEBSITE

Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

If you register with our website, we will ask you to expressly agree to these terms of use.

You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.

Licence To Use This Website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(c) show any material from the website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e) edit or otherwise modify any material on the website; or

(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

You may access our RSS feed by clicking on the link on the blog page. By accessing our RSS feed you accept these terms of use. Subject to your acceptance of these terms of use, and notwithstanding the restrictions set out above, we grant to you a non-exclusive non-transferable non-sub-licensable licence to display our RSS feed in unmodified form on any non-commercial website owned and operated by you. It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).

We may revoke this licence at any time, with or without notice or explanation.

Acceptable Use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

Restricted Access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

You must not use any other person’s user ID and password to access our website, unless you have that person’s express permission to do so.

We may disable your user ID and password in our sole discretion without notice or explanation.

User Generated Content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your user content will comply with these terms of use.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your user content (and its publication on our website) must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy, or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

Limited Warranties

You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations & Exclusions of Liability

You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Breaches of These Terms of Use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the website;

(c) permanently prohibit you from accessing the website;

(d) block computers using your IP address from accessing the website;

(e) contact your internet services provider and request that they block your access to the website;

(f) bring court proceedings against you for breach of contract or otherwise;

(g) suspend and/or delete your account with the website; and/or

(h) delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Third Party Websites & Hyperlinks

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may add hyperlinks directed at our website to your own website without our specific permission, providing that:

(a) such hyperlinks; and

(b) your website,

comply with the linking guidelines published on our website from time to time, and do not contain or include or link to any materials that would, if published on our website, breach these terms of use.

Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of Third Party Rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Entire Agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law & Jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Domain Registration & Copyright Owner

AB1 Group Limited is owner of the brand Sustainable Landscapes, as well as the registered domain owner of sustainablelandscapes.uk and is credited as the website’s creator, author, and copyright owner of all displayed content. This encompasses all text, graphics, logos, images, and software on sustainablelandscapes.uk, which are exclusively owned by AB1 Group Limited and safeguarded under English and international copyright laws. Furthermore, AB1 Group Limited grants TSLG Limited the license to use the trading name and brand Sustainable Landscapes, and operate the sustainablelandscapes.uk website.