Find A Local Gardener
Trusted By Thousands Of People, All Over The UK
Terms of Business
- Find a Local Gardener Ltd is registered in England & Wales under company number 11727062. Our VAT number is 335 4587 83. Our registered office is at Pera Business Park, Nottingham Rd, Melton Mowbray LE13 0PB Our office contact details are specified on our contact page.
- Please read these terms and conditions carefully, they cancel and replace any previous versions. By booking a gardener through our company you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Website in future.
- Where you communicate on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
Capitalised terms have the following meanings in these terms and condition:
2.1 “Booking” means a booking which you make by telephone, email or through our website
2.2 “Customer” means a natural person acting outside his or her trade, business or profession;
2.3 “Content” means all information of whatever kind (including information, garden services, reviews), published, stored or sent on or in connection with our Website;
2.4 “Repeat Booking” means a Booking for recurring Garden Services;
2.5 “Review” means any review, comment or rating;
2.6 “Garden Service Provider” means a Gardener;
2.7 “Services” means Garden Services supplied or to be supplied by a Gardener;
2.8 “Website” means the services we offer by means of our website
2.9 “User” means a person who uses our Website.
2.10 “Act of God” means an event that directly and exclusively results from the occurrence of natural causes that could not have been prevented by the exercise of foresight or caution; an inevitable accident.
2.11 “Design” means all designs including drawings produced by us when performing the Services.
2.12 “Booking Confirmation” means the written or emailed document(s) that we send you to confirm the date for the gardener to start work as agreed by us and you.
2.13 “Deposit” means the full amount payable for the Booking, which must be made in advance of all Services.
2.14 “Start Date” means the date the Gardener will start work in your garden
2.15 The “Completion Date” means the date the Gardener will complete the work in your garden.
- Very Important:
3.1 Find a Local Gardener provides a Gardener Introduction Service which connects consumers with independent Garden Service Providers. Find a Local Gardener is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. A Gardener provides gardening services to you as an independent contractor and is not an employee, joint venture, partner, agent, or franchisee of Find a Local Gardener for any purpose whatsoever.
3.2 We act as a booking agent for Garden Service Providers, the terms and conditions comprise;
- a contract between you and us regarding the use of our Service/Website and
- a separate direct contract between you and the Garden Service Provider concerned (and not with us) regarding supply of Services to you.
3.3 While we may attempt to assist with resolution of any complaint or dispute, you acknowledge that any legal recourse against the Garden Service Provider arising from the Services whether for breach of contract or otherwise is against the Service Provider and not against us, notwithstanding anything to the contrary in this agreement or on our Website.
3.4 We do not accept legal responsibility for any acts or omissions of Garden Service Providers in relation to the Services.
3.5 Where we describe Garden Service Providers as “vetted” or similar, we are promising only that we have carried out certain reference and gardening experience checks as specified on our Website at the time you make a Booking and that those checks did not reveal any cause for concern. You acknowledge that in carrying out these checks we are reliant on information supplied by third parties. We cannot guarantee that that information is accurate. Nor can we guarantee that the Garden Service Providers are otherwise suitable for your purposes. You use Garden Service Providers at your risk.
- Supply of Services
4.1 Your Booking is only confirmed when you receive an email/text to confirm the start date and time.
4.2 The hourly rate quoted is per person per hour. Some of our gardeners work in teams and may, therefore, complete the work in a shorter duration than the hours selected. For example, a team of two gardeners will only require one hour to complete a two hour booking.
4.3 The hourly rate price covers gardening work only, removal of waste is available at an extra cost.
4.4 You agree to treat the gardeners courteously and lawfully and agree to provide a safe working environment.
4.5 In the unlikely event of a complaint or query, you agree to contact a Find a Local Gardener office and not deal directly with the gardener. All matters must be raised with a Find a Local Gardener office within 24 hours of the work being carried out.
4.6 You understand that your regular gardener may occasionally be unavailable due to holiday, illness or unforeseen circumstances. In this situation you will be offered an alternative gardener to continue the service until your regular gardener is once again available.
4.7 Delays or disruption to your booking may occur occasionally due to British weather conditions such as rain, frost, snow or excessive heat. You will be kept informed if your booking date needs to be moved.
4.8 For the benefit of ensuring that the work requested has been carried out correctly, the gardener will take before and after pictures of your garden as part of his/her duties. We will occasionally display some of these images on our website and social media sites for promotional purposes. Please notify us if you don’t wish us to use images of your garden.
4.9 We ask that you allow the gardeners to work without interruption while in your garden. They will need to concentrate whilst using their machinery and will also be adhering to a carefully planned work schedule. It’s important they utilise their time effectively to keep your job on schedule.
- Introduction and Transfer Fees
5.1 By booking a gardener with Find a Local Gardener, you agree that all future bookings between you and the gardener supplied will only be made through Find a Local Gardener and you will not engage or employ the same gardener directly. If a gardener supplied by a booking with Find a Local gardener offers to provide direct garden services to you other than through Find a Local Gardener, you must refuse such offer and notify us immediately.
5.2 If you accept any such offer or if you make a similar offer to that gardener, we will immediately suspend the gardener and withdraw your right to use Find a Local Gardener (without any obligation to refund any fees already paid by you). In addition you and the gardener will be required to compensate us in respect of any losses we suffer up to a maximum of £1,500 each.
5.3 You also agree not to engage or employ directly any gardener previously booked through Find a Local Gardener to provide garden services for a period of 12 months after the date of the last date the gardener worked for you through Find a Local Gardener.
5.4 If you wish to arrange to work directly with the gardener we have provided, this can be arranged by paying a Transfer Fee of £500, which would be shared between the customer and the gardener to Find a Local Gardener.
- Payment for Services / Cancellation by You
6.1 Payment for our services must be made daily, once the gardener has finished work.
6.2 Prices include any applicable VAT or other sales tax unless otherwise stated.
6.3 Payment can be made by
(a) Bank Transfer
(c) Credit/Debit Card
WE DO NOT ACCEPT CASH OR CHEQUES
6.4 If Payment is not received within 24 hours, an additional administration cost of £25 will be added followed by a 10% weekly charge until the invoice is paid.
6.5 We will give you notice by email at least one week before any price change takes effect.
6.6 If you wish to cancel a gardener visit or a repeat booking, you must do so at least 48 hours before the scheduled start time. If you cancel within 24 hours, you will still be charged the full cost of your booking. You may cancel by contacting us by telephone, Text or email
- Regular Maintenance Package
7.1 If you sign up to one of our Regular Maintenance Packages, the subscription is subject to a minimum of 8 gardening visits. The 8 visits can be arranged weekly, fortnightly or monthly but must be carried out within 12 months from the first visit date. The amount of time per visit can be amended (minimum 2-hour visit) and if you would like to rearrange or cancel a scheduled visit, please contact us via phone or email email@example.com
7.2 Any rearrangements made directly with the gardener are not valid and non-refundable, all rearrangements must go through the head office to ensure they are carried out. If you cancel your bookings before meeting the minimum amount of visits or with less than 14 days’ notice we reserve the right to charge the full value of the total bookings or a minimum administration fee of £50, which will be taken as a holding deposit when you first sign up to the package. The holding deposit will be refunded in full on completion of the 12 visits. Please note that if you take a break from the consecutive package service (fortnightly or weekly), the first visit after the break will be charged at a higher rate (in line with ad hoc rates as per our pricing page) and the reduced package rate will then be applied for the following consecutive visits.
7.3 Once you sign up to the Maintenance Package service, you will receive a confirmation email from the office confirming the amount and the frequency of the payments. It is your responsibility to check this email and ensure that the payments are in line with the visits booked. If there are any discrepancies, please notify firstname.lastname@example.org and we will rectify this as soon as possible. If the Gardener carries out more hours/visits or less hours/visits which are not directly agreed with the head office, it is your responsibility to inform us so that you are not charged for additional hours/visits or paying for hours/visits that have not been carried out. If we are not informed within 24 hours of an under payment or overpayment you may be automatically charged for additional time or if less time is carried out, we will not be able to process a refund after 24 hours.
7.4 Please note that any scheduled booking (including Repeat Bookings) can be rescheduled a maximum of 2 times by giving 48 hours’ notice, after which time the Deposit becomes automatically non-refundable.
- No-fee Guarantee
8.1 If there is an issue with the Garden Service and you notify us via telephone, email or through our Website within 24 hours after the scheduled end time, then we will at our option decide either to take no payment or partial payment or else use reasonable endeavours to re-arrange the visit. We reserve the right to take payment or re-arrange a visit if we are not notified within that 24 hour period.
- Cancellation by Us
9.1 We may at any time without cause cancel any particular Booking or this agreement as a whole including your right to use our Website, giving notice by email to the extent reasonably practicable.
9.2 Following cancellation of this agreement: Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to continue to use our Services if we have given you notice of cancellation.
- Changes to the Terms and Conditions
10.1 We may change these terms and conditions by posting the revised version on our Website at least 14 days before they become effective. Please check our Website from time to time. You will be bound by the revised agreement if you continue to use our Website or the Services following the effective date shown.
- Your Content
11.1 You are responsible for your Content.
11.2 You must not publish or send any Content (including links or references to other content) which is threatening, harassing, invasive of privacy, defamatory, offensive, racist, hateful, discriminatory or abusive or which we otherwise consider to be inappropriate;
11.3 If you post a Review, you also promise that it is your independent, honest, genuine opinion.
11.4 You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the Website and these terms and conditions.
11.5 We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
11.6 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
11.7 We reserve the right to irretrievably delete your Content at any time.
- Content of other Users
12.1 We do not endorse or recommend any Reviews by other Users. You rely on such information at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Reviews.
- Functioning of our Website
13.1 We cannot guarantee that the Website will be uninterrupted or error-free.
13.2 We are entitled, without notice and without liability, to suspend the Website for repair, maintenance, improvement or other technical reason.
14.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
14.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
14.3 We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- such loss or damage was not reasonably foreseeable by both parties;
- such loss or damage is caused by you, for example by not complying with this agreement;
14.4 You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service/Website
14.5 The following clauses apply only if you are not a Consumer:
- To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
- Our liability of any kind (including our own negligence) with respect to our Service/Website for any one event or series of related events is limited to £100 or the total fees payable by you in the 12 months before the event(s) complained of, whichever is higher.
14.6 In no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data (even if we have been advised of the possibility of such losses).
14.7 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Website and/or breach of this agreement.
14.8 This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us.
14.9 We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements.
14.10 Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
- Intellectual property rights
17.1 All trademarks, logos, graphics, images, photographs, animation, videos, text and software used on the Website and social media sites are our intellectual property or that of our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
17.2 For the avoidance of doubt you may not collect, scrape or harvest any Content on our Website or deep-link to or frame Content on our Website without our specific prior written consent.
17.3 You must not circumvent or otherwise interfere with any security related features of the Website or features that limit or prevent copying of Content or which restrict use of Content.
17.4 If you publish any Content on our Website, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display such Content on our Website. You also grant each User a licence to use your Content to the extent permitted by the functionality of the Website and these terms and conditions.
18.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
- Third party websites
19.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
- “Act of God”
20.1 Adverse weather conditions can prevent Service Providers from carrying out Services. Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control including third party telecommunication failures.
21.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
- English Law
22.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of England.
23.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
24.1 If you have any complaints, please contact us via the contact details shown on our Website or write to our address shown at the start of these terms and conditions