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## Terms of Service - Totnes Gardening
Welcome to Totnes Gardening! These Terms of Service ("Terms") govern your use of the services provided by Totnes Gardening ("we," "us," or "our"), owned and operated by Kevin Hare. By engaging with our services, you agree to comply with and be bound by these Terms. Please read them carefully.
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### 1. Services Provided
Totnes Gardening offers a range of professional gardening and grounds maintenance services, including but not limited to: garden maintenance (grass cutting, hedge trimming, weeding, etc.), lawn care, plant care, rewilding and biodiversity services, grounds maintenance, garden clearance, garden design & landscaping, seasonal maintenance, and special projects. A detailed description of our services can be found on our website.
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### 2. Quotations and Pricing
2.1. All quotations for services are provided free of charge and without obligation.
2.2. Quotations are based on the information provided by the client and a visual assessment of the garden/site. Any significant changes to the scope of work or site conditions after the quote has been provided may result in an adjustment to the price.
2.3. Quotes are valid for a period of [e.g., 30 days] from the date of issue.
2.4. We reserve the right to amend pricing for ongoing services with reasonable prior notice to the client.
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### 3. Service Commencement and Scheduling
3.1. Services will commence on a mutually agreed-upon date and time.
3.2. While we strive to adhere to scheduled appointments, unforeseen circumstances (e.g., adverse weather conditions, equipment malfunction, emergencies) may necessitate rescheduling. We will inform you as soon as possible in such events.
3.3. For regular maintenance services, we will establish a recurring schedule (e.g., weekly, fortnightly, monthly) as agreed.
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### 4. Client Responsibilities
4.1. **Access:** The client must ensure that Totnes Gardening has clear and safe access to the garden/site at the agreed-upon time. Any delays or inability to perform services due to lack of access may incur charges.
4.2. **Information:** The client is responsible for providing accurate and complete information regarding the garden/site, including the location of any underground pipes, cables, or other hidden hazards that could be damaged during our work.
4.3. **Safety:** While on your property, we expect a safe working environment. Please ensure pets are secured and children are supervised away from the working area.
4.4. **Waste Removal:** Unless otherwise agreed in the quotation, green waste generated from our services will be removed from the site. Specific arrangements for waste removal will be detailed in your quote.
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### 5. Payment Terms
5.1. Payment terms will be specified in your quotation or invoice.
5.2. For one-off services, payment is typically due upon completion of the work.
5.3. For ongoing maintenance contracts, payment may be required [e.g., monthly in arrears, monthly in advance].
5.4. Invoices will be sent via email or post as agreed.
5.5. Late payments may be subject to a late payment fee or interest charge at a rate of [e.g., 8%] per annum above the Bank of England base rate, calculated daily, from the due date until the date of full payment.
5.6. We reserve the right to suspend services if payments are not made according to the agreed terms.
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### 6. Cancellations and Rescheduling
6.1. **By Client:** If you need to cancel or reschedule a scheduled service, we request a minimum of [e.g., 24-48 hours'] notice. Cancellations made with less than this notice period may incur a cancellation fee equivalent to [e.g., 50% of the service cost] or a minimum call-out charge, at our discretion.
6.2. **By Totnes Gardening:** In the rare event we need to cancel or reschedule a service, we will provide as much notice as possible and work with you to find an alternative suitable time.
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### 7. Liability and Insurance
7.1. Totnes Gardening holds comprehensive Public Liability Insurance.
7.2. We will exercise reasonable care and skill in performing our services. However, we are not liable for damage caused by pre-existing conditions, hidden defects, or incorrect information provided by the client.
7.3. Our liability for any damage caused directly by our negligence is limited to the value of the service provided or the limits of our insurance policy, whichever is lower.
7.4. We are not responsible for the health or survival of plants or lawns once our services are completed, unless explicitly agreed upon in a specific plant care or planting guarantee, and provided that proper aftercare instructions have been followed by the client.
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### 8. Environmental Policy
8.1. Totnes Gardening is committed to sustainable and eco-friendly practices. We strive to use battery-powered equipment where feasible, minimize waste, and encourage biodiversity through our rewilding and organic landscaping services.
8.2. We aim to recycle green waste where possible, or it will be disposed of responsibly at a licensed waste facility.
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### 9. Intellectual Property
9.1. Any garden designs, plans, or bespoke solutions created by Totnes Gardening remain the intellectual property of Totnes Gardening until full payment for the design service has been received.
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### 10. Termination of Services
10.1. Either party may terminate ongoing services by providing [e.g., 30 days'] written notice.
10.2. We reserve the right to terminate services immediately if these Terms are breached by the client, or if we deem the working environment unsafe or unreasonable.
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### 11. Complaints
11.1. In the unlikely event that you are dissatisfied with our services, please contact us within [e.g., 48 hours] of the service completion. We will endeavour to address your concerns promptly and professionally.
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### 12. Governing Law
12.1. These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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### 13. Changes to Terms
13.1. Totnes Gardening reserves the right to update or modify these Terms at any time. Any changes will be posted on our website, and continued use of our services after such changes constitutes your acceptance of the new Terms.
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### Contact Us
If you have any questions about these Terms of Service, please contact us at:
**Email:** kevin@totnesgardening.co.uk
**Website:** www.totnesgardening.co.uk
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