Concept Design Terms & Conditions
We consider these terms set out the whole agreement between you and us for the supply of the Services. Please check that the details in these terms along with The Proposal & Estimate are complete and accurate before you commit yourself by paying for our services. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing. Please ensure that you read and understand these Terms & Conditions before you pay for and submit an order, because you will be bound by them once you engage our design & consultancy services.
Definitions The Term ‘The Client’ shall mean the addressee mentioned in the Design Proposal & Estimate, who will be responsible for all payments to the Designer unless otherwise notified in writing, prior to commencement. The Client shall be deemed to be the rightful owner of the property as per the address shown in the Design Proposal Estimate.
The Term, ‘The Designer’ shall mean Jane Pearson Design, T/A Jane Pearson Design, Garden’s & landscape, who will be responsible to the Client for the works as described in the Design Proposal & Estimate.
Nothing in these Terms shall affect the Client’s statutory rights as a Consumer. The Client agrees that these Terms and Conditions of Trading define our working relationship. All projects, services, or goods that the Company may be contracted to produce or provide for the Customer will be subject to the following:
Services: Once our proposal & estimate is accepted by you, we will provide the services mentioned in the Proposal & Estimate using reasonable skill and care in accordance with standards expected of a professional remote garden designer. We will provide the services in a timely fashion, but any time deadline given is only an estimate.
This is a design & consultancy only agreement and covers sketch plans, final plans, planting plans, construction detailing, advice, tuition, and plant care guidance only. You are responsible for contracting directly with third parties to carry out any subsequent work. We will not be responsible for the work undertaken by third parties, the way the works are being carried out nor any other aspect of their progress. Our other services, including Plant procurement, Planting, Garden aftercare & Maintenance are subject to a separate Contract Service Terms & Conditions agreement.
Fees For each project: The Customer will receive a Design Estimate outlining the project scope and costs for our time, based on our current hourly rate (and, where appropriate, any goods and professional services commissioned by us) to complete the project.
We will begin works upon the Customer’s written or verbal approval of the Design Proposal & Estimate and fees paid. This will constitute an agreement between us. The Client agrees to pay the Company in accordance with the terms specified in each proposal/estimate. Estimates are valid for 30 days, as dated.
Payment is required in advance of services being supplied. All related balances must be settled in full prior to implementation of designed works. We accept payment by bank transfer only. Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the services until you have paid the outstanding amounts. The prices for the services include digital delivery for one set of documents. For customers outside the UK, an additional charge will be made, as agreed between us in advance.
Design Changes, Revisions and Alterations. Changes requested after sending us your documents (excluding the stage at which you choose the option to be developed into the final design and the included three hours of revisions) are at extra cost and may delay the completion and delivery of your revised documents. New work requested by the Client and performed by the Company after a proposal and client brief has been approved and initiated is considered as additional works. We will submit a revised estimate to you, and the revised additional fee must be paid prior to further work proceeding.
Contact Reports Contact reports may be issued by the Company of meetings between the Client and the Company, where appropriate. If the subject matter of a contact report is not questioned by the Client within three working days of its receipt, it will be taken to be a correct record of the meeting to which it refers. Author’s alterations and other copy changes requested after initial proposals are completed are billed at our standard hourly rates.
Overtime and rushed orders Estimates are based on a reasonable time schedule and may be revised to take into consideration your “Priority Scheduling” requests requiring overtime and/or weekend working. Knowledge of your deadlines is essential to provide an accurate estimate.*
Completion & Delivery Depending on the size and complexity of your site, we will endeavour to produce a completed design approximately 6 weeks from receipt of your full information photographs, measurements, and payment and our confirmed start date. Phase 1: We will present a scale plan of your original garden and 2 design options to you within approximately 28 days, for your comments and revision requests, Phase 2: We provide your final design from your chosen design option, including any revisions requested at the end of phase 1. Delivery is digitally by email in pdf format unless otherwise agreed. Reprographic costs are not included but printed copies are available to purchase, on request. We will use reasonable endeavours to comply with any specified delivery dates, but no such dates are guaranteed, and we exclude liability for any loss (whether direct, consequential, or otherwise) resulting from any delay in the delivery of the Services.
Your Obligations You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary, in accordance with these terms. This will include you notifying us in advance of any legal obligations affecting the site, including matters such as planning permission, building regulations or tree preservation orders and of any other special requirements relating to children, pets, disabled access, allergies, unusual climatic or soil conditions, boundary and or neighbour disputes etc. If you do not, or if you provide us with incomplete, incorrect, or inaccurate information, dimensions, or instructions, we may cancel the contract by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
Exclusion of liability Please note that this service is a Concept Only Remote Design and as such, does not require the strictures of CDM: (Construction) Design management Regulations 2015he designer has no control over any aspect of the project. Liability for all CDM matters remains firmly with the client unless or until a Principal Contactor is appointed by the client.
Nothing in this contract shall require us to provide advice or services in connection with the presence of or risk of contamination or pollution by harmful substances. You will be solely responsible for determining what investigations and actions should be taken in relation to such substances and shall commission such professional third-party advice as you consider necessary.
Although we may give you general advice as to how the design may be constructed and will endeavour to accommodate any special requirements of the site which you have specified, you are responsible for the construction of the design, and may need to seek specialist advice about surveys, structural aspects such as drainage, soil retention, retaining walls and site levels.
We have not surveyed your garden and cannot be held responsible for ground conditions, requirements for additional drainage, or the presence of services which may cross your garden.
The Designer cannot be held responsible for any damage to, or costs involved in, any underground hazards, obstructions or services not made known in writing prior to commencement of providing the Client with concept plans or drawings. The designer can only work using the information supplied by the client and cannot be held responsible for errors in site information supplied by the client.
The Client remains responsible at all times for any matters regarding Licenses, Permits, Planning Permission, CDM regulations or similar Legal requirements.
The Designer shall hold and maintain in force, all such Insurance cover as may be required for the project including Public Liability, Employers Liability, and Indemnity cover.
Errors and Omissions It is the Customer’s responsibility to check documents including design proposals and plans carefully for accuracy in all respects, including but not limited to prices, spelling, dimensions, and distances. The Company is not liable for errors or omissions. All specifications, figures, sizes, and other descriptions in the Design are approximations only and should not be relied upon.
Cancellation We comply with the Consumer Protection (Distance Selling) Regulations 2000. Because the designs are made to your specification, there is no right of cancellation or refund under these regulations (see regulation 13) once the Design has been purchased by you.
Privacy & Data Protection. We will only use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information. We will not pass your data to third parties. We do not share your details with any third parties other than when order details are processed as part of the order fulfilment, or with your permission. We may contact you by post, telephone, or email in connection with your design request.
Intellectual Property Rights and Licence. The copyright, design right and all other intellectual property rights in any materials and other documents or items that we prepare or produce for you in connection with the Services will belong to us absolutely.
We will grant you a non-exclusive, perpetual, non-transferable and personal licence to use the Designs for your own internal business or residential purposes at the location set out in the Proposal, but for no other purpose. You may not allow any third party to use any of those Designs; use those Designs on behalf of or for the benefit of any third party; sub-license the use of the whole or any part of those Designs; or transfer them to anyone else without our prior written permission.
We reserve the right to photograph and/or distribute or publish for our companies promotional and marketing needs any work we create for you, including roughs, visuals, preliminaries, proposals, mock-ups, and presentations, as samples for our portfolio, newsletter, brochures, presentations, and website and for entry for awards. We will endeavour to store files securely on computer for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them without notice.
Limitation A designs quality and compliance is measured against your design brief and the site conditions and dimensions you submit to us. The design is deemed successful if it demonstrates your written instruction in The Brief and documentation supplied.
In the unlikely event that the Services do not conform with these terms, please advise us in writing within 30 days of receipt of the service. In the event of a defect or fault in the Services, we will: (a) provide you with a full or partial refund, depending on what is reasonable; or (b) re-perform the Services. If you do not notify us within 30 days, you shall be deemed to have accepted the Services.
If either of us fails to comply with these terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these terms. The value of any claim made against The Designer shall be limited to the value of monies paid to The Designer at the time of the claim.
This clause does not include or limit in any way our liability for: death or personal injury caused by our negligence; or fraud or fraudulent misrepresentation; or any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
Force majeure We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event). This will include (but not be limited to) the death or incapacity of the garden designer working on the Design(s). If the Force Majeure event continues for a period of one month or more, we will take reasonable steps to bring the Force Majeure Event to an end, or if this is not possible, either party may terminate the contract, without either party sustaining any financial liability other than you being liable to pay our reasonable fees incurred up to the date of termination.
General This Contract and Terms and Conditions are governed by The Law of England.
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