Gardening services terms and conditions

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 (B2B 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 asymmetric); 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; asymmetric variation; asymmetric 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.

STATEMENT OF WORK