Terms & Conditions
1. Contract
This contract is made between a PlanIT Online Garden Designs Ltd “Online Garden Designs” and anyone elected to represent this business in a design capacity referred to below as(“we”/designer or “us”), and the Client as stated in the Proposal (“you”). The terms of this contract will override terms that you may have sent or may send to us or any other written correspondence or verbal communication including any advice or recommendation made before we accept the order. Any typographical, clerical or other errors or omissions in the Proposal, Design or any other document may be changed without us incurring any liability.
2. Definitions
“Design or Designs” means all designs including drawings produced by us when performing the Services;
“Fee(s)” means the fees set out in the Proposal or any variation to the Fee;
“Project Inspection” has the meaning given to it in Clause 4;
“Proposal” means the written document(s) that we send to you together with these terms and conditions for the execution of the Platinum package Services, which will be agreed by both of us;
“Services” means the set of services to be provided by us under this contract as set out in the Proposal;
“Site” means the location where the Works are to be carried out as set out in the Proposal;
“Works” means all the hard and soft landscaping including preparation, construction and planting work undertaken at the Site to implement the Design(s).
3. Services
3.1 This is a design, consultancy service. We may also assist you in communicating with third parties but it is your responsibility to contract directly with third parties to carry out additional Works. We will not be responsible for the work undertaken by third parties, the manner in which the Works are being carried out nor any other aspect of their progress.
3.1(a) We take no responsibility for any and all measurements we present as part of the design as we are working off third party drawings/Layouts and measurements and as such are unable to assure their accuracy.Therefore all dimensions on the designs are only to be used as guides.We recommend that you employ a suitably qualified engineer to mark out any boundaries or party wall prior to commencing any works.
3.2 It is your responsibility to ascertain if you need any planning permissions for works and to apply to the relevant body for permission to proceed with works. All specifications, figures, sizes and other descriptions in the Design are approximations only and should not be relied upon.
3.3 You may suspend the Services at any time, but all sums due at the date of suspension will become due for immediate payment. Once we receive your further instructions we will use reasonable endeavours to reschedule the Services as soon as is practicable. This rescheduling will not be guaranteed to be at a time requested by you. Any additional cost incurred by us in complying with these instructions will be added to the total Fees unless such suspension was due to something we had done or failed to do.
3.4. Online Garden Designs will perform the Services in a professional manner, exercising all due skill and care and will use reasonable endeavours to meet dates for completion or delivery of the Services.Notwithstanding this, the Services are provided at your request and you accept that you are responsible f ensuring that the Services are suitable for your own needs.
4. Project Inspection
4.1. We will not supervise or manage the third party Works. We may if agreed in the Proposal assist you in communicating with third parties but you will contract directly with the third parties and by undertaking Project Inspection we will not take responsibility or liability for their work or the Works, and we will not accept any liability in respect of either the execution or performance of such third party contractor, or the delivery or performance of the Works once completed.
5. Variations
5.1. Either party will be entitled to vary or amend the scope of the Services or the Proposal upon the prior consent of the other party. Any variation will only be effective once the details of the variation (which may take the form of a further Proposal) together with an additional Fee or any variation to the Fee have been put in writing or agreed verbally by both parties, whereupon this will form a binding contract between the parties. We will then carry out the varied contract as if the variation was originally included in the Proposal. We may refuse to accept a variation if it reduces the value of the contract by ten per centum or more.
5.2. If you require services outside of the scope of the Proposal or at a higher level of service than that currently subscribed, then we will try to carry out such service at our convenience and for a fee that we will set at that time.
5.3. We may vary these terms and conditions by giving you 14 days’ prior written notice if we are required to do so for reasons beyond our reasonable control.
6. Fees
The Fees for the Services are set out and paid once accepting a package level. In Platinum package the Fees for the Services are set out in the Proposal and will become fixed on the acceptance of the Proposal by both parties unless varied in accordance with these terms, or unless the Fee is based on the value of the project, or on the size of the Site and this is found to be larger once the Site has been measured or the site plans or measurements provided show an error in same. The Fees will be payable in instalments in accordance with the payment schedule or in the circumstances set out in the Proposal. All invoices shall be paid by you upon receipt of the invoice. If sent by post, the invoice shall be deemed to have been received two working days after posting. We reserve the right to charge interest at 8% per annum above the base rate of the Central Bank on any outstanding amounts (calculated on a daily basis) that remain payable after the due date. If you fail to pay an invoice by the due date, we may, after seven days’ prior notice, suspend the performance of the Services until payment in full is received.
7. Your Obligations
7.1. You have certain obligations under this contract. Failure to comply with these obligations may result in us suspending or terminating the contract. If we incur any damages or fines through your failure to carry out your obligations, then you will repay us all such monies on a full indemnity basis.
7.2. You will provide us at the time of asking with the necessary information in order to carry out the Services. You will warrant the accuracy of this information and that the information is not subject to any third party rights that would prevent us from using this information. You will be liable for any costs that we may suffer if this warranty is not true.
7.3. You will allow us reasonable access to both you and the Site at the agreed times in order to carry out the Services if required.
7.4. You will notify us in writing of any issues which may affect the Services as soon as possible to enable us at the earliest opportunity to investigate and rectify where necessary; and notify us as soon as possible of any structural alterations that may affect the Works.
7.5. If as part of the Works there is a requirement that any remedial work is required to trees at the Site (including but not limited to cutting down or lopping), then you will make the necessary checks and arrangements that such tree is not subject to any type of protection order. You will also be responsible for the arrangement of any planning permission or licences in respect of the Works. You will cover any fines or damages that are incurred by either party as a result of failing to make such arrangements and you will indemnify us from and against any costs, claims, damages, liabilities and expenses incurred by us arising from any breach of planning permission or licences in respect of the Works.
7.6 Nothing in this contract shall require us to provide advice or services in connection with the presence of or risk of contamination or pollution by harmful substances. You will be solely responsible for determining what investigations and actions should be taken in relation to such substances and shall commission such professional third party advice as you consider necessary.
8. Intellectual Property Rights and Licence
8.1. We are the owner of all intellectual property rights in the Designs together with the rights in any developments and modifications in such Designs. We assert the moral rights that we may have in any Designs.
8.2. We will grant you a non-exclusive, perpetual, non-transferable and personal licence to use the Designs for your own internal business or residential purposes at the location set out in the Proposal, but for no other purpose. You may not allow any third party to use any of those Designs; use those Designs on behalf of or for the benefit of any third party; sublicense the use of the whole or any part of those Designs; recreate the Design at a different location or transfer them to anyone else without our prior written permission.
8.3. We will be allowed to refer to you in any publicity after the Services have taken place including the taking and publication of photographs of the Works and the Site.
8.4. The provisions of this clause 8 shall remain in full force and effect after termination of this contract for whatever reason.
9. Liability
9.1 In the event of any fault or defect arising in the Services, we shall have the right to remedy such fault where possible by resupplying the Service. In the event that you do not advise us of any defect in the Services within thirty days after completion of the Services or the provision or delivery of the relevant part of the Services, you shall be deemed to have accepted the Services or part thereof.
9.2. The Designers liability to you in respect of any claimer breach of contract, negligence, breach of statutory duty or otherwise shall be limited to a maximum of the price paid or payable to you under the proposal for the work carried out up to the dative the claim, except in respect of any claim for personal injury or death caused by the Designer’s negligence where no limit shall apply.
9.3. The Designer does not have any responsibility for carrying out the construction of the garden to which the Design Materials relate or the monitoring for that construction (unless you enter into a separate contract for them to do so). The Designer shall not be responsible for your acts or omissions or those of your contractor in constructing the garden.
9.4. In recovering against the Designer for any loss or damage suffered or incurred by you, loss of profits, loss of business and indirect or consequential losses or damages shall not be included as recoverable losses.
9.5. The only warranties given by the Designer are set out in clause 1. No other warranties, express or implied, are given and all warranties are hereby excluded to the extent possible under applicable law.
9.6. We will use reasonable endeavours to comply with any specified delivery dates but no such dates are guaranteed and we exclude liability for any loss (whether direct, consequential or otherwise) resulting from any delay in the delivery of the Services.
9.7. The provisions of this clause 9 shall remain in full force and effect after termination of this contract for whatever reason.
11. Termination
11.1. The Services will start on the date specified in the Proposal. Either party may terminate this contract at any time by giving the other party advance written notice if the other becomes insolvent or bankrupt, makes any arrangement or composition with its creditors, has any petition filed against it for compulsory liquidation or bankruptcy, has a receiver appointed over any or all of its assets, is unable to pay its/his/her debts as and when they fall due or otherwise ceases to carry on business.
11.2. If either party is in breach of any significant provision of this contract (a material breach) then that party will give the other party not less than fourteen (14) days’ written notice to allow them to correct that breach. If that party fails to remedy the breach within the notice period, then the other party will be entitled to terminate the contract with immediate effect at the end of that notice period.
11.3. You may cancel this contract at any time by giving us at least one month’s advance written notice but you will have to pay for the Services carried out up to the date of expiry of the notice. We may also assist you in the cancellation of any third party contracts but we cannot guarantee that you will not have to pay such fees in full subject to the terms of any third party contracts. Any licence that we have given you under Clause 7 will end and you must stop using any Designs immediately.
12. Notices
Notices to the address specified in the Proposal must be given in writing either by hand, by first class post, or by facsimile transmission provided that there is a transmission sheet showing that the transmission was properly transmitted to the correct number. Post will be judged to have arrived 2 days from date of posting. Notices sent by other means will be deemed received on delivery.
13. Boundaries
It is your responsibility to appoint a party wall surveyor (engineer), then you will be responsible for ensuring that such a surveyor is appointed.
14. Marketing
Online Garden Designs uses garden images and customer testimonials to promote business on the internet or other mediums. If you object to this then please let us know.
15. Design Revisions
Design revisions is the term given to changes to the design or elements within the design which are available only in some packages as listed below.
15.1. Bronze will not have design revisions available as part of this package.
15.2. Silver will not have design revisions available as part of this package
15.3. Gold will have a maximum of 1 design revision as part of this package.
15.4. Platinum will have a maximum of 2 design revisions as part of this package. Design revisions are available for all packages see 5.2
16. Category
16.1. Categories may also be referred to as tiers in video platforms and some print.
16.2. It is your responsibility to confirm your category/tier that best suits your dwelling or property as this may result in us being unable to proceed with your chosen package until it has been amended to the correct category.This may incur a cost indicative to the package best suited to your category if you wish to proceed.
17. Packages
Each design package lists the price and type of design and level of service which is available to you, it is your responsibility to chose a package which best suits your particular design needs.