Terms and Conditions for Garden Maintenance Services by Gardeners Upton
These Terms and Conditions set out the basis on which gardening and related outdoor maintenance services are provided by Gardeners Upton. By making a booking, confirming a quotation, or allowing work to begin, you agree to these terms in full. They are designed to create a clear understanding between the customer and the service provider, covering how bookings are arranged, how payments are handled, how cancellations are managed, and what happens if issues arise during or after the service. In this document, references to Gardeners Upton, we, us, or our mean the service provider, and references to you or the customer mean the person or business receiving the service.
These terms apply to a wide range of garden services, including regular garden maintenance, grass care, hedge trimming, pruning, planting, clearance, and other agreed outdoor tasks. They are intended to be fair and practical, while also protecting both parties from misunderstandings. Nothing in these terms affects your statutory rights as a consumer under UK law.
If any part of these terms is unclear, the meaning should be read in a reasonable and common-sense way. We may update or amend these terms from time to time, and the version in force at the time of booking will normally apply to the service agreement. Where a written quotation, estimate, or service proposal contains specific conditions, those conditions will apply alongside these terms unless they conflict, in which case the written quotation or proposal will take priority for that particular booking.
Booking Process
All bookings are subject to availability and confirmation by Gardeners Upton. A booking request may be made by phone, email, online enquiry, or any other channel we make available. However, no booking is confirmed until we have accepted the request and provided confirmation. We may request further information before confirming the appointment, such as the size of the garden, access arrangements, parking restrictions, the type of work required, and any known hazards. This helps ensure that the correct team, equipment, and time allowance are assigned to the job.
Where a quotation is provided, it may be based on the information supplied by you and, where necessary, a brief inspection or photographic assessment. If the actual site conditions differ significantly from the details provided, we may need to revise the quotation, the estimated duration, or the scope of work. Gardeners Upton will always aim to notify you before carrying out additional chargeable work. If you do not agree to a revised price or scope, we may limit the work to the original agreement or cancel the service without liability for any resulting delay.
It is your responsibility to ensure that the information you give us is accurate and complete. You should also make sure that we have safe access to the property at the agreed time, including access to gates, water supply, electricity where needed, and any secured areas that are part of the agreed service. 
If we are unable to access the site, or if access is unreasonably delayed, we may charge for wasted time, reattendance, or any additional travel incurred. In the case of recurring maintenance, appointment dates may be arranged in advance, but exact timings may vary due to weather, workload, and seasonal conditions.
Payments and Pricing
Prices will usually be provided as either a fixed quote or an estimate. A fixed quote is based on the work described and, once accepted, remains fixed unless the scope changes or unforeseen conditions arise. An estimate is a guide only and may vary depending on the time taken, materials used, disposal requirements, or site conditions. Unless otherwise agreed in writing, all prices are stated in pounds sterling and may be subject to VAT where applicable.
Payment terms will be confirmed at the time of booking or in the quotation. For one-off jobs, payment may be required upon completion on the same day, or within a specified number of days after invoicing. For larger projects, recurring services, or work requiring materials, we may request a deposit or staged payments in advance. Where a deposit is taken, it secures time and labour for your job and may be non-refundable in the circumstances described in the cancellation section below.
Invoices must be paid in full by the due date shown. If payment is not received on time, we reserve the right to charge interest and reasonable recovery costs in line with the Late Payment of Commercial Debts (Interest) Act 1998 where applicable, or otherwise in accordance with the applicable law. We may also suspend future services until outstanding balances are cleared. Any discounts, promotional rates, or special offers are offered at our discretion and may be withdrawn or amended without notice for future bookings.
Cancellations, Changes, and Delays
You may cancel or reschedule a booking by giving us reasonable notice. For routine appointments, at least 24 to 48 hours' notice is preferred, unless a different notice period is stated in the booking confirmation. If you cancel after the team has already been scheduled, mobilised, or arrived at the site, we may charge a cancellation fee to cover wasted time and expenses. This may include the cost of labour already allocated, travel, and any materials that have been ordered specifically for your job.
Where a deposit has been paid, its treatment will depend on the type of service and the notice given. If you cancel with sufficient notice, the deposit may be returned or applied to a rearranged visit. If you cancel late or without notice, the deposit may be retained in full or in part to reflect administrative loss and reserved capacity. Any non-refundable elements will be explained to you as clearly as possible before you confirm the booking.
We may need to reschedule, delay, or cancel a visit due to adverse weather, safety concerns, staff illness, equipment failure, access issues, or circumstances outside our reasonable control. In such cases, we will try to rearrange the appointment promptly. 
We are not liable for indirect losses caused by such changes, including inconvenience, missed deadlines, or lost enjoyment of the garden, provided we act reasonably and communicate with you as soon as practicable. If you request changes to the original booking, additional charges may apply where the revised work increases labour, materials, or disposal costs.
Service Standards and Liability
Gardeners Upton will carry out services with reasonable care and skill, using suitable tools, equipment, and methods for the agreed work. We will endeavour to follow any reasonable instructions you provide, but we may refuse to carry out an instruction if it appears unsafe, unlawful, or likely to cause damage. Although gardening can improve the appearance and condition of outdoor spaces, certain natural outcomes cannot be guaranteed, particularly where plant health, weather, soil quality, or pest conditions are involved.
We are not responsible for pre-existing defects, hidden damage, unstable ground, underground services, weak structures, or deterioration that becomes apparent during the work unless this is caused by our negligence. You should tell us about any known risks, such as buried cables, fragile ornaments, loose paving, water features, or protected plants. Where we discover an issue that creates a safety concern, we may pause work until the matter is resolved. If you ask us to continue despite a known risk, we may decline.
Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot legally be limited or excluded under UK law. Subject to that, our total liability for loss or damage arising from a service will be limited to the amount paid or payable for the specific work giving rise to the claim, except where a different limit is required by law. 
We will not be liable for loss of profits, business interruption, loss of enjoyment, or indirect and consequential losses unless such liability cannot lawfully be excluded.
Waste Removal, Green Waste, and Environmental Compliance
Where waste removal is part of the service, it will be handled in accordance with applicable UK waste regulations and environmental requirements. This includes the proper handling of green waste, soil, branches, hedge cuttings, grass clippings, and any other agreed garden debris. Waste will only be removed if that has been agreed in advance or included in the quotation. If the quantity, type, or weight of waste differs from the original description, additional charges may apply.
We may transport garden waste to an authorised waste transfer station, composting facility, or other lawful disposal point. You agree that any waste created during the service belongs to you unless otherwise agreed, and you authorise us to remove and dispose of it on your behalf where this forms part of the contract. We will make reasonable efforts to separate recyclable or compostable materials where appropriate. However, some materials may require different handling or incur disposal fees depending on local site rules and legal requirements.
You must not ask us to dispose of hazardous, contaminated, or prohibited materials unless we have expressly agreed in writing and are lawfully able to do so. This includes asbestos, chemicals, oils, fuel, clinical waste, builders’ rubble, batteries, electrical items, and any other controlled waste not covered by the agreed service. If such items are found among garden waste or mixed into a load, we may refuse removal, charge additional fees for segregation or safe handling, or suspend work until the issue is resolved. All waste-related activity will be carried out with reasonable care and in compliance with current environmental obligations.
Customer Responsibilities
You are responsible for ensuring that the work area is reasonably prepared before the appointment. This may include securing pets, removing personal items from the work zone, and advising us of any restricted access or sensitive areas. You must also ensure that any necessary permissions are in place, such as landlord approval, leasehold consent, or permission from a managing agent, where required. If permission is missing and work cannot proceed, any resulting cancellation or delay fees may still apply.
For the avoidance of doubt, we do not provide legal, planning, tree-preservation, or building-control advice as part of ordinary garden services. If your request involves regulated trees, protected species, boundary disputes, or work requiring statutory permission, you are responsible for obtaining the necessary approval before the service begins. We may choose to refuse or postpone work where we believe permission is required but has not been obtained. This is to protect both parties from legal or regulatory risk.
You must inspect the completed work as soon as reasonably practicable after the service is finished and notify us of any concern within a reasonable time. If you do not raise a problem promptly, the work will be treated as accepted, subject to your legal rights. Minor natural variations in finish, colour, growth response, or seasonal appearance do not amount to defects. Gardening services often involve living material, and results may vary according to weather, time of year, and site conditions.
Events Outside Our Control, Termination, and Governing Law
We will not be in breach of these terms if we are prevented from performing our obligations by events beyond our reasonable control. This includes severe weather, fire, flood, strike action, utility failure, transport disruption, illness, accident, or acts of public authority. If such an event continues for a prolonged period, either party may be entitled to terminate the affected booking after reasonable notice. In that event, payment will be due for work already completed and any unavoidable costs already incurred.
We may terminate or suspend a booking if you fail to pay on time, provide unsafe access, behave abusively toward staff, request unlawful activity, or otherwise materially breach these terms. If termination occurs because of your breach, you may remain liable for completed work, reserved time, materials, and reasonable losses arising from the breach. We reserve the right to refuse future bookings where necessary to protect staff welfare, safety, or business continuity.
These terms and any dispute or claim arising from them are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction unless mandatory consumer law provides otherwise. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force. These terms form the entire agreement between the parties in relation to the relevant service, subject to any written variation agreed by both sides.
Gardeners Upton aims to provide a reliable, professional, and transparent service across every booking. By using our services, you confirm that you have read, understood, and agreed to these terms, including the rules on booking, payment, cancellation, liability, waste handling, and legal compliance. We may occasionally use updated working practices, seasonal adjustments, or revised service methods, but any major change to your agreed booking will be communicated where reasonably possible before the work begins.
To the extent permitted by law, any variation to these terms must be agreed in writing. If we choose not to enforce a provision on one occasion, that does not mean we waive the right to enforce it later. These terms are intended to support a clear, lawful, and practical service relationship, helping ensure that both sides understand their obligations from the first enquiry through to completion of the work.