The Grounding Studio
Garden Installation - Terms & Conditions
Planting, landscaping and garden installation works
1. The contract
1.1 – The contract is between The Grounding Studio (“we”, “us” or “the business”) and the person named on the quotation (“you” or “the client”).
1.2 – The quotation, agreed scope of works, these Terms & Conditions, drawings/specifications and any written variations together form the contract.
1.3 – A quotation is valid for 30 days unless it states otherwise. No booking is secured until any required deposit has cleared and we have confirmed the booking in writing.
1.4 – Where there is a conflict between documents, a later written variation or project-specific quotation will take priority over these general terms to the extent of that conflict.
2. Scope, design and site information
2.1 – We will carry out the work described in the accepted quotation with reasonable care and skill. Items not expressly included are excluded.
2.2 – Measurements, quantities, planting numbers and material allowances may be adjusted where reasonably necessary to suit actual site conditions, provided any material change affecting price or design is agreed as a variation.
2.3 – The client must disclose relevant information about the site, including known underground services, drainage, boundaries, rights of way, access restrictions, contaminated ground, tree preservation orders, planning restrictions and other matters that may affect the works.
2.4 – Unless specifically included, structural engineering, planning applications, building-control approval, party-wall matters, specialist surveys and utility searches are the client’s responsibility.
3. Projects over £5,000
3.1 – For garden installation projects with a contract value over £5,000, the quotation should include a detailed scope, estimated programme and staged payment schedule. The £5,000 figure is an internal project-management threshold and does not limit or replace any statutory consumer rights.
3.2 – Before work starts, the client should approve the scope, drawings or planting plan where applicable, material selections and payment stages in writing.
3.3 – A typical project may use a booking deposit followed by stage payments linked to mobilisation, materials, progress and practical completion. The actual percentages and due dates will be those stated in the quotation.
3.4 – We may pause work where an undisputed stage payment is overdue, after giving reasonable written notice. Any resulting reasonable remobilisation, storage or delay costs may be charged where they arise from the overdue payment.
3.5 – Title to unfixed materials supplied by us remains with us until they have been paid for in full, so far as the law permits. Risk in materials delivered to site passes to the client when delivered, except where loss or damage is caused by our failure to take reasonable care.
4. Deposits, invoices and payment
4.1 – Maintenance fees may be invoiced monthly. An initial maintenance visit may be subject to a 50% deposit where stated in the quotation.
4.2 – For installation work, the deposit and payment schedule will be stated in the quotation. Deposits may be used to reserve labour and purchase project-specific materials.
4.3 – Invoices are payable within 7 days unless the quotation or invoice specifies a different period.
4.4 – Bank transfer is the preferred payment method.
4.5 – We may review maintenance rates periodically. Any increase for ongoing services will be notified before it takes effect.
5. Variations and additional work
5.1 – Changes requested after acceptance of the quotation may affect price and programme. Wherever practicable, variations will be described and priced in writing before the additional work is carried out.
5.2 – If urgent additional work is reasonably required to protect the property, works or safety, and it is not practicable to obtain prior approval, we will take reasonable steps to contact the client and keep any unavoidable additional work proportionate.
5.3 – Extra work arising from concealed or unforeseen site conditions is not included in a fixed quotation unless the quotation expressly says otherwise.
6. Unforeseen ground and site conditions
6.1 – Garden work can reveal conditions that were not reasonably visible before work began, including buried concrete, rubble, roots, old foundations, contaminated soil, poor drainage, hidden services, unstable ground or unexpected excavation requirements.
6.2 – If such conditions materially affect the work, we may stop the affected part, explain the issue and provide a proposed variation to price and/or programme before proceeding, except where immediate action is reasonably necessary for safety.
6.3 – We are not responsible for pre-existing defects or hidden conditions that could not reasonably have been identified before work began.
7. Materials, plants and substitutions
7.1 – Natural products such as stone, timber, soil, turf and plants vary in colour, texture, size and appearance. Reasonable natural variation is not a defect.
7.2 – Plant availability is seasonal. If a specified plant or material becomes unavailable, we will seek approval for a reasonably comparable substitute where practicable.
7.3 – Plants are living products and their future performance depends on weather, soil, watering, pests, disease and aftercare. Unless a written plant guarantee is expressly included, we cannot guarantee establishment after handover where failure results from inadequate aftercare, extreme weather, pests, disease, animal damage or other matters outside our reasonable control.
7.4 – Consultancy and plant sourcing may be charged at the gardening hourly rate unless a separate fee is quoted.
8. Access, parking, utilities and welfare
8.1 – The client must provide safe and reasonable access to the garden at the agreed times.
8.2 – If we cannot gain access for a booked maintenance visit, the visit may be charged in accordance with the cancellation provisions below.
8.3 – Parking, permits, congestion charges and tolls reasonably incurred for the job may be added to the invoice where not included in the quotation. The client should arrange parking where requested.
8.4 – Unless otherwise agreed, the client will allow reasonable access to water and electricity needed for the works.
8.5 – Hand tools are normally provided. Any unusual requirement for client-provided equipment will be agreed in advance; for installation projects we will ordinarily provide or hire the tools and equipment included in our quotation.
9. Waste
9.1 – Waste collection/removal is the client’s responsibility unless the quotation includes waste removal or we agree to arrange it for an additional charge.
9.2 – For routine gardening, green waste may be placed in the client’s domestic/green-waste facilities where appropriate and agreed.
9.3 – Any specialist disposal, skip, grab collection or controlled-waste cost will be charged where included in the quotation or agreed as an additional cost.
10. Safety, children, pets and dog waste
10.1 – Children must be supervised and kept away from active work areas, tools, machinery, excavations and stored materials.
10.2 – Pets should be kept safely away from the work area. Dog waste must be removed before our arrival. If the site is unsafe or unhygienic because waste has not been removed, we may cancel the visit and charge the applicable cancellation fee.
10.3 – The client must not interfere with barriers, temporary protection, machinery, materials or incomplete works.
11. Weather, programme and delays
11.1 – Garden work is weather dependent. Heavy rain, frost, excessive heat, saturated ground, high winds or other unsafe/unsuitable conditions may require work to be postponed.
11.2 – Dates and completion estimates are given in good faith but may change because of weather, material availability, variations, unforeseen conditions, access issues or events outside our reasonable control.
11.3 – We will keep the client reasonably informed of material delays and arrange revised dates where necessary.
11.4 – Regular maintenance pricing is based on flexible rather than fixed visit days unless expressly agreed otherwise. Visits may occasionally be rescheduled.
12. Maintenance visits and cancellation
12.1 – If we need to cancel or reschedule a maintenance appointment, we will contact the client using the contact details supplied and offer an alternative where reasonably possible.
12.2 – If the client cancels or reschedules a booked maintenance visit with less than 48 hours’ notice, a charge of 50% of the visit fee may be invoiced.
12.3 – Where we attend but cannot gain access, a charge of up to 50% of the booked visit fee may be made, unless the quotation states a different reasonable cancellation charge.
12.4 – After the first three completed regular maintenance visits, either party should give four weeks’ notice to end ongoing maintenance, unless a different notice period is agreed in writing.
12.5 – Visits may be carried out by one or more gardeners. Reasonable rest and meal breaks may be taken during longer working periods and will be managed in accordance with the quoted charging basis.
13. Cancellation of installation work by the client
13.1 – Any statutory cancellation rights described in section 14 apply first.
13.2 – Outside any statutory cancellation period, if the client cancels an installation before work starts, we may retain or charge only amounts that are fair and reasonably reflect losses or costs actually incurred, such as non-refundable project-specific materials, design work or committed third-party charges.
13.3 – If the client terminates after installation work has begun without us being in breach, the client must pay for work properly completed, materials supplied or reasonably committed to the project, and reasonable demobilisation or other unavoidable costs, subject always to applicable consumer law.
14. Consumer cancellation rights
14.1 – Where the client is a consumer and the contract is concluded at a distance or away from our business premises, statutory cancellation rights may apply. For a service contract, the normal cancellation period is 14 days after the contract is entered into, subject to the applicable rules and exceptions.
14.2 – If the client wants services to begin during an applicable 14-day cancellation period, we will obtain the client’s express request. If the client then cancels after work has started, the client may have to pay a proportionate amount for services supplied up to cancellation where the law permits.
14.3 – Where a service has been fully performed during the cancellation period following the client’s required request and acknowledgement, the statutory right to cancel that service may cease.
14.4 – Nothing in these terms removes or restricts rights that cannot lawfully be excluded under consumer legislation.
15. Practical completion, snagging and handover
15.1 – Installation work reaches practical completion when the main contracted work is substantially complete and the garden can reasonably be used for its intended purpose, even if minor snagging items remain.
15.2 – The client should identify apparent snagging items promptly after practical completion. We will assess legitimate items within our scope and arrange reasonable remedial work.
15.3 – Minor snagging does not normally justify withholding the whole final payment. The client may raise any genuine dispute about an amount in writing, identifying the reason.
15.4 – Care instructions provided at handover form an important part of plant establishment and ongoing performance.
16. Workmanship, liability and statutory rights
16.1 – We will perform services with reasonable care and skill and will not exclude or restrict liability where it would be unlawful to do so.
16.2 – We are responsible for reasonably foreseeable loss or damage caused by our breach of contract or negligence, subject to the law. We are not responsible for losses caused by pre-existing defects, inaccurate information supplied by the client, client interference, failure to follow aftercare instructions, or events outside our reasonable control.
16.3 – Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.
16.4 – Nothing in these terms affects the client’s statutory rights.
17. Subcontractors and suppliers
17.1 – We may use suitably skilled subcontractors or specialist suppliers where reasonably required. We remain responsible to the client for the contracted work we undertake to provide, subject to these terms.
17.2 – Where the client directly appoints another contractor, that contractor remains the client’s responsibility unless we expressly agree otherwise in writing.
18. Complaints and disputes
18.1 – Please raise concerns as soon as possible so we have a reasonable opportunity to inspect and, where appropriate, put matters right.
18.2 – The parties should first try to resolve disputes through good-faith discussion. This does not affect either party’s legal rights.
18.3 – These terms are governed by the law of England and Wales. A consumer retains any mandatory right to bring proceedings in a court that has jurisdiction under applicable law.
19. Business details and notices
19.1 – Notices and approvals under the contract may be given by email or other written method customarily used between the parties, unless the law requires another form.
The Grounding Studio
1 Charlton Terrace , London, SE11 4DG
Telephone: 07730312374
Email: Katie.fuller@gmail.com
The Grounding Studio
Maintenance Terms & Conditions
For regular and one-off garden maintenance services
1. Agreement
1.1 - These terms explain how our regular and one-off garden maintenance service works. They apply to work carried out by The Grounding Studio ('we' or 'us') for the person named on the quotation or booking ('you').
1.2 - Your quotation or booking details, these terms, and any changes we agree with you in writing make up our agreement with you.
1.3 - Quotations are valid for 30 days unless stated otherwise.
1.4 - We will look after your garden with reasonable care and skill and carry out the work we have agreed with you. If you would like us to do something extra, we will agree any additional charge with you first.
2. Visits and scheduling
2.1 - For regular maintenance, we usually work with flexible visit days rather than guaranteeing the same day each time, unless we have agreed a fixed day with you.
2.2 - Visits may occasionally need to be rescheduled because of weather, staff availability, access or other practical circumstances. We will let you know as soon as reasonably possible and offer an alternative where appropriate.
2.3 - Visits may be carried out by one or more gardeners. Reasonable rest and meal breaks may be taken during longer working periods in accordance with the agreed charging basis.
3. Weather
3.1 - We may postpone or shorten a visit where heavy rain, frost, snow, high winds, excessive heat, saturated ground or other conditions make the work unsafe, impractical or likely to damage the garden.
3.2 - Where a visit is postponed for weather, we will contact you and arrange an alternative where reasonably possible.
4. Access
4.1 - You must provide safe and reasonable access to the garden at the agreed time, including any agreed keys, gate codes or access instructions.
4.2 - If we attend but cannot gain access, we may charge 50% of the booked visit fee.
4.3 - Please let us know about anything we should be aware of before we start, such as fragile items, unsafe structures, underground services or other potential hazards.
5. Client cancellation and ending regular maintenance
5.1 - We understand that plans sometimes change. Please give us at least 48 hours' notice if you need to cancel or move a booked visit.
5.2 - If you give us less than 48 hours' notice, we may charge 50% of the booked visit fee, as we may not be able to fill the time at short notice.
5.3 - After your first three regular maintenance visits, we ask that either you or we give four weeks' notice if the regular service is to come to an end, unless we have agreed something different in writing.
5.4 - Nothing in this section affects statutory cancellation rights that apply to a consumer contract.
6. Cancellation or rescheduling by us
6.1 - If we need to move or cancel a visit, we will let you know as soon as we can and do our best to arrange a suitable alternative.
6.2 - We are not responsible for losses caused by reasonable postponement due to weather, illness, unsafe conditions or events outside our reasonable control, except where the law provides otherwise.
7. Parking and travel costs
7.1 - If you live in an area without free parking any parking costs will be added to your invoice.
8. Tools, water and electricity
8.1 - We normally provide ordinary hand tools required for maintenance work.
8.2 - If specialist or powered equipment is required, we will agree in advance who will provide it and whether an additional charge applies.
8.3 - You agree to provide reasonable access to water and, where required, electricity unless otherwise agreed.
9. Garden waste
9.1 - Unless waste removal is included, garden waste will normally be placed in your appropriate domestic or green-waste facilities where sufficient capacity is available.
9.2 - If you want us to remove garden waste, this must be agreed and may carry an additional disposal, transport or collection charge.
9.3 - Larger quantities requiring a specialist collection, skip or other disposal arrangement will be agreed separately.
10. Pets, dog waste and children
10.1 - Please make sure dog waste is cleared from the areas we will be working in before we arrive. If an area is not safe or hygienic to work in, we may need to cancel the visit and the usual cancellation charge may apply.
10.2 - Pets should be kept safely away from the working area while tools or machinery are in use.
10.3 - Children must be supervised and kept away from active work areas for safety reasons.
11. Plants, pruning and garden condition
11.1 - Plants are living material affected by weather, soil, pests, disease, watering and previous care. We cannot guarantee existing plants against deterioration caused by matters outside our reasonable control.
11.2 - We will use our horticultural experience and judgement when pruning, cutting back, dividing, moving or caring for plants. If there are any particular plants you do not want us to cut, move or treat, please let us know before the visit.
11.3 - If you request work contrary to our horticultural recommendation, we may decline it or ask you to confirm the instruction in writing.
12. Consultancy, plant sourcing and additional work
12.1 - Consultancy, plant sourcing, shopping for materials and similar agreed services may be charged at the same hourly rate as gardening unless a separate price is agreed.
12.2 - Plants, compost, soil improvers, stakes, ties and other materials are additional to labour unless expressly included.
12.3 - If we spot extra work that would be useful but is outside the booked maintenance, we will check with you before going ahead where it would add a meaningful cost.
13. Invoicing and payment
13.1 - Regular maintenance may be billed monthly. One-off or initial visits may require a deposit where stated in the quotation.
13.2 - Invoices are payable within 7 days unless a different period is stated on the invoice or quotation.
13.3 - Bank transfer is the preferred payment method.
13.4 - From time to time we may need to review our maintenance rates, for example at the start of a new year. We will always let regular clients know before a new rate takes effect.
14. Consumer rights
14.1 - Nothing in these terms excludes or restricts rights that cannot lawfully be excluded under consumer law.
14.2 - Where you are a consumer and a contract is made at a distance or away from our business premises, statutory cancellation rights may apply. Where applicable, the normal cancellation period for a service contract is 14 days after the contract is entered into, subject to the relevant rules and exceptions.
14.3 - If you expressly ask us to begin services during an applicable cancellation period and later cancel, you may be required to pay a proportionate amount for services already supplied where the law permits.
15. Liability and complaints
15.1 - We are responsible for reasonably foreseeable loss or damage caused by our breach of contract or negligence, subject to applicable law.
15.2 - We are not responsible for pre-existing defects, inaccurate information supplied by you, hidden hazards we could not reasonably identify, or loss caused by failure to follow reasonable care or aftercare advice.
15.3 - Nothing excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or liability that cannot legally be excluded.
15.4 - If you are unhappy with any part of our work, please tell us as soon as you can. We would like the opportunity to look at the issue and, where appropriate, put it right.
16. Ending or suspending service
16.1 - Either party may end ongoing maintenance in accordance with the notice provisions above.
16.2 - We may end or suspend services on reasonable notice where invoices remain unpaid, access is repeatedly unavailable, working conditions are unsafe or abusive, or there is another serious breach of the agreement.
16.3 - Amounts properly due for services already provided remain payable when the arrangement ends.
17. Governing law
17.1 - These terms are governed by the law of England and Wales. A consumer retains any mandatory right to bring proceedings in a court that has jurisdiction under applicable law.
Business details
The Grounding Studio
1 Charlton Terrace, London, SE11 4DG
Telephone: 07730312374
Email: katie.fuller@gmail.com