Terms & Conditions Of Service

Please make sure you read and understand our terms and conditions of service, by using our services you agree to enter into a contract bound by our terms and conditions. This does not affect your statutory rights.

Brighton Services Group TERMS AND CONDITIONS

 

BACKGROUND:

 

These Terms and Conditions are the standard terms which apply to the provision of gardening services by Brighton Services Group (“the Trader”) to customers who require gardening services to be provided at their home. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.

 

These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

 

  1. Definitions and Interpretation

    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Agreed Times”

means the times which You and We agree for the Gardener to have access to the Property to complete the Job [as specified in the Agreement];

“Agreement”

means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions[. Our standard form of Agreement is attached as Schedule 1];

“Business”

means any business, trade, craft or profession carried on by You or any other person or organisation;

“Consumer”

means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Trader who receives Gardening Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;

“Deposit”

means the deposit You may be required to pay in accordance with Clause 5;

“Final Fee”

means the total of all sums You must pay which will be shown on the invoice issued in accordance with Clause 6 of these Terms and Conditions;

“Gardener”

means Us or Our employee who will be responsible for providing the Gardening Services;

“Gardening Services”

means the gardening services We will provide as specified in the Agreement;

“Job”

means the complete performance of the Gardening Services;

“Model Cancellation Form”

means the model cancellation form attached as Schedule 2;

“Order”

means Your initial request for Us to provide the Gardening Services as set out in Clause 4;

“Products”

means the products required for the provision of the Gardening Services which We will supply (if any) as specified in the Agreement;

“Property”

means Your home, as detailed in the Order and the Agreement, at which the Job is to take place;

“Quotation”

means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge;

“Quoted Fee”

means the fee set out in the Quotation which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions;

“Start Date”

means the date You and We agree on for Us to start providing the Gardening Services as specified in the Agreement;

“Visit”

means any occasion, scheduled or otherwise, on which the Gardener visits the Property to provide the Gardening Services;

“We/Us/Our”

means the Trader and includes all employees, agents and sub-contractors of the Trader; and

“You/Your”

means a Consumer who is a customer of the Trader.

 

  1. Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, [text message,] fax or other means.

  2. Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.

  3. Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.

  4. Each reference to a Schedule is a reference to a schedule to these Terms and Conditions.

  5. The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.

  6. Words signifying the singular number will include the plural and vice versa.

  7. References to any gender will include any other gender.

  8. References to persons, unless the context otherwise requires, include corporations.

 

  1. Information about Us

    1. We are Limited Company Tailor Made LTD.

    2. [We trade under the name Brighton Gardening Services.]

    3. [We are registered in United Kingdom under number 12888140.]

    4. [Our registered office is at Kemp House, 160 City Road, London, EC1V 2NX.]

    5. [Our main trading address is The Crestway, Brighton, BN1 7BN.]

    6. [Our VAT number is 364603695.]

    7. [We are regulated by Checkatrade.]

    8. [We are a member of Checkatrade.]

 

 

  1. Communication and Contact Details

    1. If You wish to contact Us with questions or complaints, You may contact Us by telephone at 078277133745 or by email at info@brightongardeningservices.co.uk.

    2. In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions).  When contacting Us in writing You may use the following methods:

      1. contact Us by email at info@brightongardeningservices.co.uk; or

      2. contact Us by pre-paid post at Tailor Made LTD, Kemp House, 160 City Road, London, EC1V 2NX.

 

  1. Orders

    1. We accept orders for Gardening Services through Online orders, Telephone & Email..

    2. When placing an Order You should set out, in detail, the Gardening Services required.  Details required include the location and size of the Property, the size of the garden, the type of work required and the type of plants, trees or similar that are required and/or that are to be maintained. [We will provide You with an order form containing prompts for all required information.] [All such details are set out in the Agreement.]

    3. Once the Order is complete and submitted We will prepare a Quotation and send it to You either by email or first class post. The Quotation will set out the required Deposit (if applicable) and fee (see Clauses 5 and 6).

    4. If We cannot accept your Order, We will inform you of this in writing.

    5. You may make changes to the Order and Quotation before accepting it.

    6. You may accept a Quotation by signing and dating a copy of it and returning it to Us within <<insert period, e.g. 21 calendar days>> after the date We issue the Quotation. Or by clicking the accept estimate link in email.

    7. When (but not before) You have returned the Quotation, signed and dated, and You have paid the Deposit, a legally binding contract between You and Us will be created for Us to provide the Gardening Services and for You to pay for them. We will then attach the signed Agreement and complete any blanks in the Agreement in accordance with the Quotation.

    8. If you wish to change your Order after accepting the Quotation, please contact Us and We will tell you whether or not the change can be accommodated, along with any changes to the fees payable as a result. If we cannot accommodate the changes or the changes to the fees or other matters are not acceptable to you, you may cancel in accordance with Clause 13 and/or 14.

 

  1. Deposit

    1. At the time of accepting the Quotation or not more than 7 calendar days thereafter, depending on the nature of the work and any specialist Products required in advance, You may be required to pay Us a Deposit. The Deposit will be 50% of the quoted fee, We will not confirm an Order until the Deposit is paid in full.

    2. If you cancel the Gardening Services, We may retain some or all of the Deposit as set out in Clauses 13, 14 and 15.

 

  1. Fees and Payment

    1. The Quoted Fee will include the price payable for the Gardening Services and for the estimated Products required.

    2. We will, where reasonably possible use only the Products (and quantities of Products) set out in the Quotation and the Agreement; however, if additional Products are required, We will adjust the Final Fee to reflect this.  We will keep any increases to a necessary minimum, will keep You informed at all times, and will not proceed without your agreement.

    3. If the price of Products or services increases during the period between Your acceptance of the Quotation and the Start Date, We will inform You of the increase and of any difference in the Final Fee. If You do not wish to accept the increase, You may cancel and receive a full refund of all sums paid including, where applicable, the Deposit.

    4. The Quoted Fee and the Final Fee are inclusive of VAT. If the rate of VAT changes We will adjust the amount of VAT that You must pay.

    5. We will invoice You when the Job has been completed.

    6. You must pay any invoice within 30 calendar days of receiving it.

    7. We accept the following methods of payment:

      1. Credit/Debit card;

      2. Cash;

      3. Bank Transfer

 

  1. If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 20% above the base rate of 2% from time to time until payment is made in full. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.

  2. If You have promptly contacted Us to dispute an invoice in good faith, We will not charge interest while such a dispute is ongoing.

 

  1. Gardening Services

    1. We will provide the Gardening Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).

    2. We may provide sketches, impressions, plans or similar documents in advance of the Job.  Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.

    3. We will use reasonable endeavours to ensure that the Products We use match those chosen by You. Given the nature of plants, trees, shrubs and similar, there may be slight variations to the same Products as a result of differences between photographs, catalogues and other materials, and the Products themselves. Product packaging, where applicable, may vary. There may also be minor technical differences with certain Products that will not affect your use of them. If different Products are required due to non-availability, We will not supply them without consulting with You first, in advance of the Job. If You do not wish to accept the alternative Products, You may cancel and receive a full refund of all sums paid including, where applicable, the Deposit.

    4. The responsibility (sometimes referred to as the “risk”) for the Products remains with Us until they have been delivered to You at which point it will pass to you. You will own the Products once We have received payment in full for them.

    5. We will ensure that the Gardening Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.

    6. We will ensure that We comply with all relevant codes of practice.

    7. We will ensure that no parts of the Property suffer damage as a result of Our provision of the Gardening Services. We will make good any damage that occurs at no additional expense to You as soon as is reasonably possible. [We may instruct You to take reasonable steps to protect the Property while We are performing the Gardening Services. We will not be liable for any damage which occurs as a result of Your failure to follow such instructions.]

    8. We will properly dispose of all waste that results from Our provision of the Gardening Services.

    9. Where a Job is to last for more than one working day, the Gardener will where reasonably possible leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will wherever possible store all tools and materials only in areas where work is being carried out or remove them from the Property at the end of each working day.

 

  1. Faulty Products

    1. If any Products are supplied in the course of Us providing the Gardening  Services, and You discover a defect with one or more of those Products or if the Product or Products have been incorrectly described, You should inform Us using the contact details above in Clause 3.

    2. Within the first 30 calendar days, You are entitled, at Your option, to a full refund, to keep the Product(s) at a reduced price, or to a repair or replacement.

    3. After the first 30 calendar days, and for the first six months, We will, at Our option, repair or replace any defective Products or, if a repair or replacement is not practicable or possible, or if a repair or replacement is unsuccessful, You are entitled to a full refund. Alternatively, You may keep the Product(s) at a reduced price. This right may not apply if We can prove that the defect has been caused deliberately or negligently by You, or as a result of Your failure to follow instructions given by the Gardener or as included with the Product.

    4. After the first six months, if any Product develops a fault, You must prove that the Product in question was faulty at the time We supplied it and You took ownership of it. You may be entitled to a repair or replacement, or to a partial refund for up to six years depending upon the nature of the Product and how long it can reasonably be expected to last.

 

  1. Problems with Our Service

    1. If there is a problem with the result of the Gardening Services, i.e. they have not been provided with reasonable care and skill, You are entitled to ask Us to repeat or fix the service, or to get a price reduction if this is not possible.

    2. We always use reasonable efforts to ensure that Our provision of the Gardening Services is trouble-free. If, however, there is a problem with the Gardening Services We request that You inform Us as soon as is reasonably possible. We will use reasonable efforts to remedy problems with the Gardening Services as quickly as is reasonably possible and practical.

    3. We will not charge You for remedying problems under this Clause 9 where the problems have been caused by Us [or where nobody is at fault].  If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work.

    4. As a consumer, You have certain legal rights with respect to the purchase of goods or services.  For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.

    5. If We do not perform the Gardening Services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price;

    6. If the Gardening Services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the Gardening Services), You have the right to a reduction in price.

    7. If for any reason We are required to repeat the Gardening Services in accordance with Your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full fees payable for the Job and, where You have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the same payment method originally used by You unless You request an alternative method.

 

  1. Your Obligations

    1. If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before we begin to provide the Gardening Services.

    2. We may ask you to move or remove certain furniture, fixtures and fittings at the Property before we begin work. Unless You and We specifically agree otherwise, this is Your responsibility.

    3. You will ensure that the Gardener can access the Property at the Agreed Times to provide the Gardening Services.

    4. You may either give the Gardener a set of keys to the Property or be present at the Agreed Times to give the Gardener access.  We promise that all keys will be kept safely and securely by the Gardener.

    5. If You do not provide the required access to the Property or make it impossible for Us to provide the Gardening Services by failing to comply with any other provision in this Clause 10, and do not have a good reason for this, We may invoice you for any additional charges incurred as a result.

    6. You must ensure that the Gardener has access to electrical outlets and a supply of hot and cold running water.

 

  1. Complaints and Feedback

    1. We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

    2. All complaints are handled in accordance with Our complaints handling policy and procedure, available from Kemp House, 160 City Road, London, EC1V 2NX.

    3. If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:

      1. [In writing, addressed to Kemp House, 160 City Road, London, EC1V 2NX]

      2. [By email, addressed to info@brightongardeningservices.co.uk]

      3. [Using Our complaints form, following the instructions included with the form;]

      4. [By contacting Us by telephone on 07827713745.]

 

  1. Changing the Start Date

    1. If You ask Us to change the Start Date:

      1. We will where reasonably possible agree a revised Start Date with You;

      2. If it is not possible to agree a revised Start Date either You or We may terminate the Agreement (see Clause 15).

  2. If We ask You to change the Start Date, You may either:

    1. agree a revised Start Date with Us; or

    2. terminate the Agreement (see Clause 15).

 

  1. Cancellation of Contract During the Cooling Off Period

    1. Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period.  This period begins once the contract between You and Us is formed and ends:

      1. in relation to any Products supplied, at the end of 14 calendar days after the date on which the Products are delivered. If the Products are delivered in instalments, the 14 calendar day period begins on the day that you receive the final instalment; and

      2. in relation to the Gardening Services, at the end of 14 calendar days after the date on which the contract is formed. 

  2. If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post, fax or email to the postal address, fax number or email address specified in these Terms and Conditions). You may use the Model Cancellation Form, but You do not have to. 

  3. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.

  4. If You exercise this right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract (including, but not limited to, the Deposit, where applicable).

  5. We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.

  6. We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 calendar days after the day on which We are informed of the cancellation.

  7. If You exercise the right to cancel in relation to Products:

    1. We will issue a refund within 7 days and in any event no later than 14 calendar days after We receive the relevant Products (and will include standard delivery charges if You send the Products to Us);

    2. You must return the Products to Us within 14 calendar days of the day on which You inform Us that You wish to cancel and return them;

    3. We may make a deduction from the refund for loss in value of any Products supplied, if the loss is the result of unnecessary handling by You;

    4. Please also note that Products that become inseparably mixed with others and perishable Products cannot be returned.

  8. If the Start Date falls within the cooling off period You must make an express request for provision of the Gardening Services to begin within the 14 calendar day cooling off period.  [This request forms a normal part of the ordering process.]  By making such a request, You acknowledge and agree to the following:

    1. If the Job is completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Job is completed;

    2. If You cancel the Agreement after provision of the Gardening Services has begun You will be required to pay for the Gardening Services and any Products that cannot be returned to Us supplied up until the point at which You inform Us of Your wish to cancel; 

    3. The amount due will be calculated in proportion to the full price of the Gardening Services and the actual Gardening Services already provided.  Any sums that have already been paid for the Gardening Services will be refunded subject to deductions calculated on this basis; 

    4. We will process any refund within 7 days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.

  9. Clause 14 applies to termination of the Agreement after the 14 calendar day cooling off period has elapsed.

 

  1. Cancellation Outside of the Cooling Off Period

    1. In addition to Your rights in Clause 13 relating to the cooling off period, You may terminate the Agreement (i.e. cancel the Job) at any time before the Start Date (if relevant):

      1. If You cancel the Job after the 14 calendar day cooling off period has expired (or where it does not apply) and more than 7 days before the Start Date, We will refund the Deposit, if applicable, and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.

      2. If You cancel the Job after the 14 calendar day cooling off period has expired (or where it does not apply) and less than 7 days before the Start Date, We will retain from the Deposit, if applicable, a sum to cover any net financial loss that We suffer due to the cancellation. We will refund the balance of the Deposit to You as soon as is reasonably possible, and in any event within 14 calendar days of cancellation. If Our net financial loss is more than the amount of the Deposit (and/or if no Deposit has been paid), We will invoice You for the shortfall and You will be required to make payment in accordance with Clause 6.

  2. We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control.  If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit, if applicable, and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.

 

  1. Termination

    1. You may terminate the Agreement with immediate effect at any time by giving Us written notice if:

      1. We have breached the Agreement in any material way and have failed to remedy that breach within 7 days of You asking Us in writing to do so;

      2. We enter into liquidation or have an administrator or receiver appointed over Our assets;

      3. You and We have been unable to agree a revised Start Date or You elect to terminate the Agreement under Clause 12;

      4. We are unable to provide the Gardening Services due to an event outside of Our control (see Clause 17).

  2. We may terminate the Agreement with immediate effect by giving You written notice if:

    1. You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.8);

    2. You have breached the Agreement in any material way and have failed to remedy that breach within 7 days of Us asking You in writing to do so; or

    3. You and We have been unable to agree a revised Start Date under Clause 12;

    4. You do not provide the Gardener with access to the Property and We have been unable to contact You to re-arrange the Gardening Services under sub-Clause 10.5;

    5. We have been unable to provide the Gardening Services for more than 4 weeks due to an event outside of Our control (see Clause 17).

  3. For the purposes of this Clause 15 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating Party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

  4. If at the termination date:

    1. You have made any payment to Us (including, but not limited to, the Deposit, where applicable) for any Gardening Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice. We may, however, deduct from such a refund (or charge You) reasonable compensation for the net costs We will incur as a result of your breaking the Agreement if We terminate it under sub-Clauses 15.2.1, 15.2.2, or 15.2.4;

    2. We have provided Gardening Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.

 

  1. Effects of Termination

    1. If the Agreement is terminated for any reason:

      1. Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.

      2. Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.

 

  1. Events Outside of Our Control (Force Majeure)

    1. We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .

    2. If any event described under this Clause 17 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

      1. We will inform You as soon as is reasonably possible;

      2. Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;

      3. We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Gardening Services as necessary;

      4. You or We may terminate the Agreement (see Clause 15).

 

  1. Liability

    1. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into.  We will not be responsible for any loss or damage that is not foreseeable.

    2. We will maintain suitable and valid insurance including public liability insurance.

    3. We provide Gardening Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

    4. If We cause any damage to the Property, We will make good that damage at no additional cost to You.  We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Gardening Services.

    5. We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Gardener.

    6. Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.

    7. Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

 

  1. How We Use Your Personal Data (Data Protection)

We will only use Your personal data as set out in Our Privacy policy available from Kemp House, 160 City Road, London, EC1V 2NX.

 

  1. Other Important Terms

    1. We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.

    2. We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business).  If this occurs We will inform You in writing.  Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.

    3. You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).

    4. The Agreement is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.

    5. If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.

    6. No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.

 

  1. Regulations and Information

    1. We are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and the Agreement has been signed) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see, or We will make it available to You before the Agreement is signed and you accept the Quotation. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

    2. As required by the Regulations:

      1. all of the information described in sub-Clause 21.1; and

      2. any other information which We give to You about the Gardening Services, or about Us or Our business which you take into account when deciding to accept the Quotation and sign the Agreement, or when making any other decision about the Gardening Services,

  1. will be a part of the terms of Our contract with You as a Consumer.

 

  1. Law and Jurisdiction

    1. These Terms and Conditions, the Agreement, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [England & Wales] [Northern Ireland] [Scotland].

    2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces your rights as a consumer to rely on those provisions.

    3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Agreement, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

 

 (“the Customer”)

 

 

BACKGROUND:

 

(1)       The Trader provides gardening services to consumer clients and has reasonable skill, knowledge and expertise in that field.

 

(2)       The Customer wishes to engage the Trader to provide the services specified below (“the Gardening Services”).

 

(3)       The Trader agrees to provide the Gardening Services to the Customer, subject to the attached Terms and Conditions and the terms of this Agreement.

 

 

IT IS AGREED as follows:

 

  1. The Agreement

    1. All Agreements incorporate the attached Terms and Conditions.

    2. In all Agreements, words with initial capital letters have the same meaning as they have in the Terms and Conditions.

    3. A legally binding contract between You and Us will be created when You and We you use Our services..

    4. We confirm and You acknowledge that We have given or made available to You the following information (save for where such information is already apparent from the context of the transaction):

      1. The main characteristics of the Gardening Services;

      2. Our identity and contact details;

      3. The total price payable for the Gardening Services including taxes or, if the Price cannot be calculated in advance, the manner in which it will be calculated;

      4. The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Gardening Services;

      5. Our complaints handling policy;

      6. The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.

  2. As required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

    1. all of the information described in Clause 1.4; and

    2. any other information which We give to You about the Gardening Services or about Us which You take into account when entering into this Agreement or when making any other decision about the Gardening Services

  1. will be part of the terms of Our contract with You as a Consumer.

 

  1. Waiver of Cooling Off Period

    1. By signing this Agreement You request Us to commence provision of the Gardening Services immediately and not to wait for the 14 calendar day cooling off period referred to in Clause 13 of the Terms and Conditions to expire.

    2. You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Gardening Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 13 of the Terms and Conditions.

    3. You acknowledge that You will lose the right to cancel if the Gardening Services are fully performed within the 14 calendar day cooling off period.

 

Cleaning  Services Terms of service:

-We only clean windows and blinds that can be reached with a 3 step ladder.
-For safety, no other jobs should be done while we are cleaning.
-The presence of other workers or excess of people in the house might cause the estimate to be inaccurate.
-Having other work done in a house while our teams are working might affect the cost and time needed to complete the cleaning to your satisfaction.
-No heavy furniture will be moved.


Use of homeowners equipment.

Use of Homeowner’s vacuum, cleaning equipment, cleaning supplies, chemicals or solvents.  If the homeowner requires or requests us to use their vacuum(s), cleaning equipment, supplies, chemicals, solvents or anything then we are not liability for damage caused to your home or to the items you supply the maids.  It's Maid Day is not liable for any damage caused by your vacuum including equipment hitting furniture, cabinets or anything. Brighton Services Group uses commercial vacuum cleaners with safety bumpers so in the off chance that we bump furniture it will not damage or leave marks.  Most residential vacuums do not have adequate safety bumpers.  In addition, our employees are not always familiar or trained on equipment, vacuums, cleaning supplies, chemicals or solvents unless they are provided by Brighton Services Group.  Homeowner understands and assumes all risk or problems including damage directly and indirectly caused from using anything including but not limited to equipment, cleaning supplies, vacuums, solvents, solutions, chemicals or anything provided by the customer.

 

Dusting. Our maids do a great job dusting.  Our microfiber rags, dusting spray, and techniques, capture and remove dust from surfaces.  If your home has not been professional dusted recently, you may encounter dust settling back onto surfaces even within a few hours.  This is more common in first time cleanings, and it may take several visits before settling dust becomes minimized.

 

Dusting height limits.  We are not able to dust items on shelves or hung on a wall that are higher than a maid can reach standing on a 2-step stepladder.  We do use extension poles to high dust rooms but we will not high dust items that may tip over or hung on the wall because we are not able to hold it with one hand to secure it while we dust. 

 

Showers and Tubs.  Showers and Tubs can accumulate lime, calcium and soap scum.  Our cleaning solutions work very well on cutting through these deposits, however sometimes it may take two to three visits before showers and tubs become free of these deposits.   Mold and mildew are organic and will grow deep into and behind grout or calk. Surface stains may be removed by our cleaning products, but eliminating it completely may require the homeowner to have their shower re-grouted or re-calked.

 

Repairs and Replacement of damaged items.  Accidents are rare but if they happen we take care of the problem right away.  Our primary remedy for a damage claim is repair.  All repairs are completed to industry standards.  If items cannot be repaired, the office will coordinate replacing the item.

 

Damage or Breakage disclaimer.  Our staff exercise reasonable care when cleaning your home.  We do carry insurance for damage or breakage caused by our maids for negligence.  We are not liable for damage that is caused by “normal wear and tear” or improper installation of an item.  These items include but are not limited to the following examples:

 

Carpet & Rug Snags.   Carpet snags are the result of “exposed loops” caused by normal wear and tear, moving furniture, etc. which are snagged by a vacuum’s roller-brush. 

Broken Blinds.    Customers should be aware that there are some inherent risks each time your blinds are cleaned.  Blinds will become brittle from daily exposure to the sun, and strings/chords will weaken over time resulting in breaks.

Improperly hung pictures/decorations/mirrors/anything.  If items are securely/properly attached to the wall, they should not fall when the item is dusted/wiped. 

Artwork, Collectibles, Family Heirlooms and valuables over £500.  These items are expensive or impossible to replace and so we will not take the risk of cleaning such items.  During our new client set up, we ask customers if any items in the home that we should not clean or touch.  It is the customer’s responsibility to inform Brighton Services Group of any new items brought into the home, after our initial setup, that falls into this category.  This notification must be sent in writing.  You can send via email to info@brightonservicesgroup.co.uk 

Floors that are not sealed.   Our standard floor cleaner is safe and effective on sealed floors including marble and hardwood floors.  If floors are not fully sealed they are subject to water damage.  According to the National Wood Flooring Association, hard wood floors need a maintenance coat every 3-5 years.  Brighton Services Group is not responsible for any hardwood floor damage on floors that have not had a maintenance coat outside of the recommended time frames.

  

Scheduled “Arrival Time” for cleanings.  When booking your service, we provide an estimated arrival-time when the maids will arrive at your home.  Actual arrival time may vary due to unforeseen circumstances (traffic jams, weather, the maids needing extra time to finish cleaning a previous home, etc.)  If staff are expected to be late by 30 minutes or more, we will call you.  

 

Cleaning appointments may need to be rescheduled.  We understand the importance of cleaning a home on day it is scheduled, however there are events that can result in your appointment being moved to a different day and time.  Bad weather, traffic problems, and excessive employee absences can result in your cleaning appointment being moved to a different day and time.

 

Lock-Out Fee.  You are responsible for providing staff access/entry to your home.  If our staff cannot enter your home, a £50 “lock-out fee” may be charged. 

 

Fee for Reschedule, Cancellation or Lock-Out with less than a 48-hour notice to Brighton Services Group.  We are happy to work with customers to reschedule and cancel services throughout the year to work around your schedule.  This policy has to do with rescheduling service or cancelling an appointment with less than 48 hours notice.

 

Your cleaners count on your business and are paid only when they clean a home.  Last minute changes make it nearly impossible to find your maids new work and can cause them financial hardships.  These financial hardships can lead to higher employee turnover rates which can lead to greater challenges in delivering high quality cleaning. 

 

If you reschedule or cancel service with less than a 24 hour notice you will be charged a £50 fee.  Brighton Services Group will use 100% of the £50 fee to subsidise the lost income to the staff.  The £50 will not make up for their lost income, but it will help.  

 

We also understand that last minute cancellations can occur because of unforeseen events in a customer's life including family emergencies, work requirements, a busted water pipe or other home emergencies, just to name a few.  Getting a £50 fee during these stressful times can make a stressful situation even more frustrating.  So with that in mind, we sometimes allow customers who have scheduled recurring service, one free last minute cancellation every six months without imposing the £50 charge.

 

Please note, that some last minute cancellations can be prevented if a customer provides us with access to their home using a garage door code, key, lockbox or other methods.  It's Maid Day is insured against any problems associated with giving us access to your home.

 
Quality Control and Inspections

 

Audits and Inspections:  Brighton Services Group inspects and audits staff teams.  The company inspector may inspect your home after a cleaning is completed and when the staff have left, or during the final phase of cleaning or during the entire cleaning.

 

Pictures of before and after work:  From time to time our Quality Inspection will include taking before and after photos of our staff's work.  These pictures are used for training, proof of our work performance and promotion of our high-quality standards.  If you do not want pictures taken of work areas in your home, please notify Brighton Services Group.

We do not 'scrub' walls or ceiling's apart from a general wipe down as this can usually damage paint work. Dirtied walls and ceilings would need repainting. We do not offer this service.

Please note unless explicitly specified we do not include:

-Animal waste.
-Mold removal.
-Moving heavy items or furniture.
-Moving or cleaning fragile items.
-High ceilings and fans that cannot be reached without specialist equipment.
-Hazardous waste (Blood, Human waste, Chemicals, Bodily Fluids)


The property must be completely empty of all personal belongings and vacated by all tenants in order for the service to take place. This is how we can guarantee that is has been cleaned up to the established standards of landlords and letting agencies. We do not offer refunds for failure to comply.

If you have selected extra services, these will be billed upon invoice alongside any remaining amounts owed from booking.
If you have not selected extra services, we will not carry out any additional work listed as an extra.

By using our service you agree to our terms and conditions of service and agree not to hold us or our employees or contractors liable for any potential damages that occur.

Please ensure access to the property on the booked date/time is available.

Please ensure payment is made as soon as invoice is received to avoid any further charges and collections fees.

Our money back guarantee: 

We endeavor to complete all of our jobs to the highest of standards, if you are not satisfied with our service we will return for free to perfect any imperfections. If you are still not satisfied we will refund your money less the non-refundable deposit. We retain the right not to make any refunds to fraudulent or dishonest claims.​
 

 

 

SCHEDULE 2

 

MODEL CANCELLATION FORM

 

To: <<trader to insert trader's name, geographical address and, where available, fax number and email address>>

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) cancel my/our (delete as appropriate) contract for gardening services dated <<   >>.

Name of consumer(s): <<   >>

Address of consumer(s): <<   >>

Signature of consumer(s): <<   >>

Date: