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Gardening services terms and conditions

These terms and conditions for the provision of gardening services are primarily intended to act as "standard terms of business". In other words, they may form the basis of all (or most) legal relationships between a gardening services business and its customers. With this goal in mind, the document is relatively flexible, and may cover one-off services contracts as well as ongoing relationships. The document may be used in respect of both B2B and B2C contracts, and includes as special clause which aids compliance with distance selling and doorstep selling rules.

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Gardening services terms and conditions contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term: indefinite, or services completed and payment made; each contract distinct.
  3. Services: obligation to provide services; standard of services (B2C or mixed); failure to meet services standard; devotion of personnel to services; services: compliance with reasonable customer requests.
  4. Services appointments: services appointments; late services appointments; rescheduling services appointments; cancellation of services appointment on notice; personnel shortage and cancellation of appointments.
  5. Provider
    personnel:
    assurances relating to personnel.
  6. Customer
    Premises
    :
    obligations of second party in relation to premises (B2B or B2C); compliance with policies at premises (B2B or B2C); securing means of access to premises.
  7. Customer
    obligations:
    general second party obligations; provision of access to utilities.
  8. Provider
    Equipment
    and
    Provider
    Consumables
    :
    storage of first party equipment and consumables; no using etc equipment or consumables without consent; responsibility for loss of equipment and consumables; first party equipment and consumables following termination.
  9. Customer
    Equipment
    and
    Customer
    Consumables
    :
    provision of equipment and consumables to first party; use of second party equipment and consumables; second party equipment and consumables assurances.
  10. Representatives: instructions given by second party representatives.
  11. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT (B2B or B2C); variation of charges.
  12. Timesheets: obligation to keep timesheets; obligation to supply timesheets.
  13. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments (B2B or B2C).
  14. Provider
    's confidentiality obligations:
    first party confidentiality undertaking (no permitted purpose limitation); disclosure of confidential information by first party to certain persons (no permitted purpose); exceptions to first party's confidentiality obligations; disclosures of second party confidential information mandated by law etc; first party confidentiality obligations after termination.
  15. Distance and off-premises contracts: cancellation right: distance and off-premises contracts: cancellation right for consumers; cancellation right for services and digital content; consumer agreement to provision of services; exercise of cancellation right; refund upon services distance contract cancellation; refund method; refund timing for services and digital content; exception to cancellation right for urgent repairs and maintenance.
  16. Warranties: first party warranty of authority; second party warranty of authority; exclusion of implied warranties and representations.
  17. Customer
     indemnity:
    second party indemnifies first party upon breach.
  18. Limitations and exclusions of liability: caveats to limits of liability (B2C or B2C); interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of opportunities; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
  19. Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
  20. Termination: termination without cause (optionally assymetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment.
  21. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
  22. Status of
    Provider
    :
    first party is independent contractor not employee; no redundancy or compensation.
  23. Notices: contractual notices must be in writing; methods and deemed receipt of contractual notices; substitute contact details for notices.
  24. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
  25. General: no waiver; severability; variation written and signed; assymetric assignment of contractual rights (B2B, B2C or mixed); no third party rights; entire agreement: documents; governing law; exclusive jurisdiction.
  26. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

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