Terms & Conditions

1. Agreement and definitions

1.1. These Terms and Conditions apply to the gardening, grounds maintenance, lawn care, pruning, planting, clearance, pressure washing and related services supplied by 4AllSeasons Gardening Limited (the Company). The person or organisation instructing the work is the Client.

1.2. A Domestic Client is an individual contracting mainly outside their trade, business or profession. A Commercial Client is a business, landlord, managing agent, public body or other person contracting for business purposes.

1.3. The contract consists of the accepted quotation or booking confirmation, these Terms and Conditions and any separately agreed maintenance agreement or Service Level Agreement (SLA). An individually agreed written term takes priority if it expressly differs from these general terms.

1.4. The Client must be provided with these terms, or given a fair opportunity to read them, before agreeing to work. Changes published later on the website do not automatically change existing contracts.

1.5. The Company will carry out the agreed services with reasonable care and skill. Nothing in these terms limits any right that cannot legally be excluded.

2. Services and scope of work

2.1. Services will be limited to those described in the quotation, work schedule, booking or SLA. Routine garden maintenance does not guarantee that every possible task will be completed on each visit.

2.2. The Company decides the practical order of maintenance tasks, taking account of agreed priorities, the time available, plant requirements, weather and safe working conditions.

2.3. Additional or significantly different work, including major pruning, removal, specialist access, extensive clearance and remedial lawn work, will be separately agreed before it is undertaken wherever reasonably practicable.

2.4. The Client must obtain or disclose any required permissions, restrictions or consents affecting the property, including relevant tree protections, conservation requirements, access rights and management-company approvals. The Company may postpone work where permission or legal compliance is unclear.

2.5. The Company may engage suitably competent employees or subcontractors but remains responsible for fulfilling its contractual obligations.

3. Quotations, prices and variations

3.1. Unless stated otherwise, quotations remain valid for 30 calendar days. A fixed quotation covers the described work; an estimate is a reasonable indication of the likely cost and may change as the work develops.

3.2. Hourly rates, day rates, visit charges and any call-out fee are as stated in the accepted quotation or booking. Additional materials, waste removal, parking, specialist equipment and other charges will be identified before agreement wherever possible.

3.3. Commercial quotations may state prices plus VAT. For Domestic Clients, the Company will clearly state the total VAT-inclusive price, or the method of calculating it if the total cannot reasonably be known beforehand.

3.4. If unexpected site conditions or the Client requests a change, the Company will explain any material effect on price, scope or timescale and seek agreement before additional chargeable work proceeds.

3.5. Rates for ongoing services may be reviewed with advance notice, but an agreed fixed price or existing contract will not be changed unilaterally where consent is required by law or by the agreement.

3.6. Where materials or a deposit are required, the amount, payment date and any applicable cancellation arrangements will be confirmed in advance.

4. Visit arrangements and weather

4.1. Visit frequency, approximate duration and any seasonal changes will be set out in the booking, quotation or maintenance agreement. Gardens require different levels of attention at different times of year.

4.2. The Company will make reasonable efforts to attend on agreed dates, but visits may need to be rearranged because of unsafe weather, ground conditions, staff illness, equipment failure or circumstances outside reasonable control.

4.3. Where a visit must be postponed, the Company will inform the Client as soon as reasonably practicable and attempt to arrange another suitable date.

4.4. Work will not be undertaken where continuing would be unsafe, likely to cause avoidable property damage, or unsuitable for the plants or soil conditions. Any legal rights concerning unreasonable delay remain unaffected.

5. Access and preparation of the work area

5.1. The Client must provide safe, practical and authorised access to the agreed work areas at the arranged time, including keys, gate access, parking permission or site instructions where needed.

5.2. Unless clearing them is part of the agreed work, the Client must remove toys, ornaments, portable furniture, rubbish and other avoidable obstructions from areas to be cut, strimmed, cleared or pressure washed.

5.3. The Client must identify known hazards such as cables, pipes, garden lighting, fragile glazing, unstable walls, concealed items and defects in paving or structures, and provide available site information.

5.4. Pets must be controlled or securely kept away from machinery and working areas. The Client must ensure that children, residents, visitors and other persons do not enter the active work zone.

5.5. Where access to water, electricity or particular facilities has been agreed as necessary, a safe and suitable supply must be made available.

5.6. The Company may pause, omit affected tasks or leave the property if access or conditions are unsafe. Any applicable charge for an aborted visit is dealt with in Section 16 and is not an automatic full-day charge.

6. Dog fouling, animal waste and contamination

6.1. All areas in which the Company is expected to work must be cleared of dog faeces and other animal waste before the team arrives. This applies to lawns, borders, paths and areas where machinery or equipment will be used.

6.2. Removal of dog mess or other animal waste is not included in normal garden maintenance. Employees are not expected to pick it up, work through it, strim or mow over it, or handle contaminated materials unless a specific safe cleaning service has been separately agreed.

6.3. Animal waste can create hygiene and health risks, including contamination of footwear, machinery and clothing. The Company may refuse to start, stop work immediately, or leave the site where fouling makes all or part of the work unsafe or unsuitable.

6.4. The team is not obliged to remain on site while animal waste is cleared. Whether unaffected areas can safely be worked is at the Company’s discretion, having regard to the circumstances and the planned tasks.

6.5. If work is stopped or a visit is lost because the Client has not cleared animal waste, a reasonable charge may apply under Section 16 where this condition and charging basis were disclosed and agreed before booking. The charge will reflect genuine, unavoidable losses and costs saved, not an automatic penalty.

6.6. The Company may request confirmation that the work area has been cleaned before scheduling a replacement visit. Repeated contamination may lead to suspension or termination of regular services following reasonable notice.

7. Clients, residents and other people working alongside the team

7.1. For safety reasons, Clients, household members, residents, gardeners, tradespeople and other third parties must not carry out gardening, maintenance or other work in the same immediate operational area as the Company’s employees while they are working, unless suitable arrangements have been agreed in advance.

7.2. This rule is especially important during mowing, strimming, hedge cutting, pruning, use of powered equipment, waste handling and work at height, when tools, debris, falling cuttings or moving equipment may create hazards.

7.3. The Company is happy to discuss instructions or garden preferences, but conversations must take place at a safe distance with work paused if necessary. No one should approach or touch operating machinery or enter a cordoned or otherwise identified work area.

7.4. Where work must take place alongside another contractor or person, the Client must tell the Company beforehand so that responsibilities, access and appropriate safety precautions can be agreed.

7.5. The Company has control of its employees, equipment and safe working methods. Employees are not required to follow instructions from unauthorised residents or third parties, or instructions that are unsafe or conflict with the agreed specification.

7.6. If someone enters the working area, works alongside staff without agreement or repeatedly interferes with safe operations, the Company may stop the affected work and, where necessary, leave the site. Any charge for lost time is subject to Section 16.

8. Health, safety and site instructions

8.1. The Company will use appropriate working practices, equipment and precautions consistent with the task and its assessed risks. It may refuse work considered unsafe, unlawful or unsuitable.

8.2. The Client must disclose known hazards and relevant site rules and must not ask staff to bypass guards, work in unsafe conditions or carry out tasks contrary to appropriate health and safety controls.

8.3. Chemical treatments will be selected and used in accordance with applicable law, label instructions and relevant risk assessments. Where a treatment requires an exclusion period or other precautions, the Client must follow the advice provided.

8.4. The Company may cease work where people, pets, vehicles or other activities make safe operations impracticable, and resume when a suitable working environment is available.

8.5. The Client should advise the Company of any known neighbouring access, shared boundaries or other factors that may affect how work can be undertaken safely.

9. Accidents, stones and flying debris

9.1. Gardening uses machinery and tools in areas that may contain hidden debris, gravel, loose stones, fragile fixtures and other hazards. Accidents can occasionally occur even when appropriate equipment and reasonable precautions are used.

9.2. Lawnmowers, strimmers, brush cutters and similar machinery may occasionally project stones, gravel or other objects. Some objects may be concealed within turf, long grass or vegetation and not reasonably visible during normal inspection.

9.3. The Company will take reasonable precautions appropriate to the site, including assessing working areas, using machinery correctly, checking for obvious debris where practicable and adapting methods near windows, vehicles and other vulnerable property.

9.4. If a stone or other object causes damage despite reasonable care and skill, the Company will not be responsible merely because the damage happened during its work. The fact that an accident occurred does not, by itself, establish negligence.

9.5. Where precautions were inadequate or damage results from negligence, failure to exercise reasonable care and skill or another breach of duty, the Company remains responsible to the extent required by law.

9.6. Clients should identify known areas of loose stones, broken glass, metal, hidden rubbish or fragile glazing and, where reasonably practical, move vehicles and vulnerable personal items away from the immediate working area when requested.

9.7. The circumstances of any reported incident will be investigated fairly, including the type of work, site conditions, reasonable foreseeability and precautions taken.

10. Hidden cables, pipework and garden services

10.1. Electrical cables, garden-lighting wiring, irrigation pipework, water services and other installations may be buried, threaded through plants, concealed in hedges or climbers, or hidden behind buildings and garden structures.

10.2. Before work begins, the Client must tell the Company about known or reasonably identifiable services in the work area and supply any available plans, labels, markings or warnings. The Client should arrange for uncertain services to be located or made safe where appropriate.

10.3. The Company will take precautions proportionate to the nature of the task, and may request further information, isolate a work area or decline to cut or dig until the position of a suspected service is clarified.

10.4. The Company will not be responsible merely because its tools make contact with a concealed installation where the hazard was not reasonably apparent or discoverable and the damage occurred despite the exercise of reasonable care and skill.

10.5. This is not an exclusion for negligent work. Responsibility will be assessed on the facts, including whether the installation should reasonably have been identified, whether appropriate checks were made and whether relevant information was provided.

10.6. If an electrical cable or other potentially hazardous service is damaged, work in the affected area may be stopped and appropriate safety precautions taken. Any necessary repairs should be carried out by a suitably competent person where required.

10.7. The Client and Company will cooperate reasonably in investigating incidents and documenting relevant information.

11. Pre-existing conditions and vulnerable structures

11.1. The Company is not responsible for problems arising solely from pre-existing deterioration, incorrect installation, decay or hidden defects where it has performed the agreed work with reasonable care and skill.

11.2. Older fences, loose paving, damaged mortar, rotten timber, glazing, fixtures and garden structures may be vulnerable to normal gardening activities or may reveal existing defects during clearance or pressure washing.

11.3. The Client should identify any known unstable, damaged or unusually fragile areas before work begins. The Company may decline or modify work if a previously unknown defect creates a risk of damage.

11.4. Any damage or deterioration will be considered according to its cause. Nothing in this section removes responsibility for damage caused by negligent work.

12. Plants, lawns, treatment and aftercare

12.1. The Company will use reasonable horticultural care, but the growth, appearance, germination, flowering and survival of living plants and lawns depend on weather, soil, drainage, pests, watering and other factors outside its control.

12.2. Unless aftercare is included in the contract, the Client is responsible for following advice given about watering, protection from pets and foot traffic, mowing height, new planting, seed establishment and other necessary care.

12.3. New grass seed and turf may require sustained moisture and restricted use while establishing. Damage due solely to drought, water restrictions, pet use, traffic or failure to follow clear aftercare advice is outside the Company’s responsibility.

12.4. Permanent removal of weeds, moss, algae or invasive growth cannot be guaranteed unless a specific result has been expressly agreed. Further treatment or repeat visits may be required.

12.5. Significant pruning or renovation may need to be staged or undertaken in an appropriate season. The Company may refuse work likely to cause unacceptable or unlawful harm to trees, plants or wildlife.

12.6. Where the Client requests work against professional advice, the Company will explain relevant risks, but it will not rely on Client instructions to avoid its own duty of reasonable care and skill.

12.7. The Company remains responsible where a failure results from defective materials supplied by it, unsuitable workmanship or another breach of applicable legal obligations.

13. Waste, materials and site clearance

13.1. Unless a quotation or agreement expressly includes removal, green waste will normally be left neatly on site in an agreed or appropriate location.

13.2. Waste removal, disposal fees, specialist material handling, skip hire and additional equipment may be charged separately if disclosed and agreed before the cost is incurred.

13.3. Hazardous, clinical, contaminated or otherwise specialist waste is not part of ordinary garden maintenance and will only be handled where expressly agreed and appropriate arrangements are in place.

13.4. Materials supplied will be of an appropriate standard for the agreed work and subject to all relevant statutory rights.

13.5. The Company may use a suitable waste carrier or disposal service where removal has been agreed, and will comply with its applicable waste-handling obligations.

14. Commercial sites, communal gardens and authorised instructions

14.1. For commercial buildings, care homes, blocks of flats or managed developments, the Client must nominate an authorised contact for instructions, site access and approval of additional work.

14.2. Residents, employees, visitors, tenants and third-party contractors cannot vary the agreed work specification or direct Company employees unless the Client has expressly authorised them.

14.3. The Company may ask for written approval before undertaking major pruning, alterations, unplanned removals or chargeable work not included in the agreed maintenance schedule.

14.4. The Client must advise the Company about site hazards, security procedures, other contractors, restricted areas and relevant safe-working requirements.

14.5. Visit frequencies, seasonal reductions, reporting, service standards and any special cancellation arrangements will be set out in the written contract or SLA where applicable.

15. Invoices, payments and overdue accounts

15.1. Domestic Clients must pay invoices within 48 hours of receipt unless a different period is agreed in writing.

15.2. Commercial Clients must pay invoices within 14 calendar days of receipt unless different terms are expressly agreed in writing or in an SLA.

15.3. Payment methods will be shown on the invoice. The Client should raise any invoice query promptly, with enough information to investigate it. Undisputed sums remain payable when due.

15.4. If a payment remains overdue, the Company may send reminders and, after reasonable written notice, suspend further work where legally and contractually permissible. A suspension does not itself cancel the obligation to pay for properly completed services.

15.5. For qualifying commercial debts, statutory late-payment interest and applicable debt-recovery compensation may be claimed under the Late Payment of Commercial Debts (Interest) Act 1998, as amended.

15.6. Any fee or recovery charge applied to a Domestic Client must be transparent, fair and legally recoverable. The Company does not impose an automatic weekly penalty for overdue domestic invoices.

15.7. Persistent material non-payment may justify termination in accordance with Section 16, subject to applicable rights and notice requirements.

16. Missed visits, cancellations and termination

16.1. Domestic Clients are asked to give at least 72 hours’ notice to cancel or rearrange an individual scheduled visit. No ordinary visit cancellation charge will apply when at least 72 hours’ notice is given.

16.2. Where less than 72 hours’ notice is given, the Company may make a reasonable cancellation charge only where the charging arrangement was made clear and agreed before booking and the amount reflects genuine net loss caused by that cancellation, taking account of costs saved and alternative work obtained or reasonably obtainable.

16.3. If the team attends but cannot safely or reasonably work because of lack of access, uncleared dog mess, uncontrolled pets, unauthorised people working alongside staff or another condition within the Client’s control, the Company may stop the visit and leave.

16.4. An abortive-visit charge for circumstances described in 16.3 may be made only where the Client was informed of and agreed to this possibility before booking, and the charge fairly reflects the Company’s reasonable unavoidable loss. A full visit or day rate is not charged automatically.

16.5. The Company may offer to reschedule after the cause of the interruption is resolved. A replacement visit is subject to staff availability and any agreed additional costs.

16.6. Commercial arrangements for cancelled or missed visits and contract termination are governed by the relevant SLA or written agreement, subject to applicable law.

16.7. Unless another valid notice period is agreed, either party may terminate an open-ended regular maintenance arrangement on 30 days’ written notice, without affecting accrued charges or statutory rights.

16.8. The Company may suspend or end an agreement for a serious safety risk, abusive or threatening conduct, persistent interference, or material non-payment or breach, with appropriate notice and an opportunity to resolve the problem where reasonably practicable.

16.9. If the Company cancels a booking without providing the agreed service, the Client will not be charged for work not performed, except for costs that are lawfully payable under a separately agreed arrangement.

16.10. Deposits and advance payments will be dealt with in accordance with the contract and applicable law. Any sum retained on cancellation must be fair and take account of costs saved, completed work and reasonable mitigation.

16.11. The rules in this section do not override statutory consumer cooling-off or cancellation rights described in Section 17.

17. Statutory cancellation rights for Domestic Clients

17.1. Some contracts arranged online, by telephone, by email or away from the Company’s business premises give Domestic Clients a statutory right to cancel within 14 days of the contract being entered into, subject to the relevant legal rules and exceptions.

17.2. Where those rights apply, the Company will provide the required pre-contract cancellation information and cancellation form. Domestic Clients may cancel by sending a clear statement of their decision by email or post; use of the model form is optional.

17.3. Where a Domestic Client expressly requests that a service begin during an applicable cancellation period, the Company will obtain any required request and acknowledgement before starting. If the Client then cancels, they may be required to pay an appropriate proportion of the agreed price for services already supplied, where the law permits.

17.4. Once a service has been fully performed following the legally required express request and acknowledgement, the statutory cancellation right may cease in the circumstances specified by law.

17.5. The model cancellation form at the end of this document may be used where a statutory right to cancel exists. The 72-hour visit-notice rule is separate and does not restrict statutory rights.

17.6. Where the Company has failed to provide legally required cancellation information or obtain legally required consent, the consumer’s rights and the Company’s obligations will be determined by the applicable law.

18. Damage reporting, liability and insurance

18.1. The Company will report suspected damage that may have occurred during its work as soon as reasonably practicable and will make appropriate records. Both parties should cooperate in establishing what happened and avoiding unnecessary further loss.

18.2. The Company maintains appropriate insurance for its activities, including public liability insurance, and will provide evidence of cover on reasonable request. Whether an insurer accepts a claim does not itself determine legal responsibility.

18.3. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, the Domestic Client’s statutory rights or any other liability that cannot lawfully be limited.

18.4. Subject to the law, the Company is responsible for damage or loss to the extent it is caused by negligence, failure to exercise reasonable care and skill or another breach of its obligations.

18.5. The Company is not responsible solely because damage occurred during work where it took reasonable care and the damage resulted from an unavoidable event, concealed hazard not reasonably discoverable or independent pre-existing defect.

18.6. For Commercial Clients only, any exclusion of indirect business losses such as loss of profit or business opportunity applies only so far as legally permitted and subject to the applicable reasonableness requirements.

18.7. No contractual provision requires a Domestic Client to waive a statutory remedy or prevents either party from raising a genuine dispute.

19. Concerns, complaints and remedies

19.1. The Company aims to resolve concerns promptly and fairly. The Client is asked to report any problem as soon as reasonably practicable, ideally within seven days of a visit so that the circumstances can be checked.

19.2. The seven-day request is not a limit on statutory rights or on reporting problems that become apparent later.

19.3. Where appropriate, the Company may request photographs, further information or reasonable access to inspect the affected area and propose a solution.

19.4. If the work does not meet the legal standard of reasonable care and skill or other applicable requirements, the Company will provide an appropriate remedy in accordance with the Client’s rights.

20. Photographs, information and privacy

20.1. The Company may take appropriate photographs and keep site records for quotations, work planning, quality checks, maintenance history, insurance or incident investigation.

20.2. Personal information will be handled in accordance with applicable data protection law and the Company’s published privacy information.

20.3. Identifiable photographs of a Client, their property or private details will not be used for public marketing without an appropriate lawful basis; permission will be requested where appropriate.

21. General provisions

21.1. Where exceptional events outside either party’s reasonable control prevent work, the affected party will inform the other where practicable and take reasonable steps to minimise delay or disruption. This does not remove statutory rights.

21.2. If any term is held unenforceable, the remaining terms continue to apply to the extent legally permissible.

21.3. A delay in enforcing a contractual right does not automatically amount to a waiver of that right.

21.4. The contract is governed by the law of England and Wales, subject to mandatory consumer protections that apply.

21.5. The full contract and the individual agreed service specification should be read together. No variation is binding unless agreed between the parties where agreement is required.

Checkatrade Logo

Address

28 Heritage Road, Chatham
Kent ME5 7ST