Terms and Conditions

  1. Contract

This contract is made between the Designer Sara Whelan (“I” or “me”) and the Client (‘you”) as defined in the Proposal.

2.   Definitions

“Design(s)” means all designs including plans, drawings and documents produced by me.

“Fee(s)” means the fees set out in the Proposal or any agreed variation to the Fee(s).

“Proposal” means the written document(s) that I send to you, together with these Terms and Conditions, which will be agreed by both of us.

“Services” means the set of services to be provided by me under this contract as set out in the Proposal.

“Site” means the exact location, in terms of size, where the Design is to be used.

3.   Services

3.1.  Once the contract is accepted by you, we will provide the Services set out in the Proposal using reasonable skill and care in accordance with standards expected of a reasonable garden designer. I will provide the Services in a timely fashion but any time deadlines set out in the Proposal is only an estimate.

3.2.  This is a design and consultancy only agreement. I may assist you in communicating with third parties but it is your responsibility to contract directly with third parties carrying out the works.  All specifications, figures, sizes and other descriptions in the Design are approximate and should not be relied upon.

3.3.   You may suspend the Services at any time, but all sums due at the date of suspension will become due for immediate payment.

4.   Variations

4.1.   Either party will be entitled to vary or amend the scope of the Services or the Proposal upon the prior consent of the other party. Any variation will only be effective once the details of the variation together with an additional Fee or any variation to the Fee have been put in writing and agreed by both parties, whereupon this will form a binding contract between the parties.

5.   Fees

5.1.  The Fees for the Services are set out in the Proposal and will become fixed on  the acceptance of the Proposal by both Parties, unless varied in accordance with these terms, or unless the Fee is based on the size of the Site and this is found to be larger once the Site has been measured. 

5.2.  Fees will be payable in instalments in accordance with the payment schedule as set out in the Proposal.

5.3.  Payment shall be due on the date of receipt of an invoice by you. The final date for payment shall be 14 days after the due date.

5.4.  I reserve the right to charge interest at 10% on any outstanding amounts that remain payable after one calendar month.

5.5.  All invoices are exclusive of VAT, which shall be added to the invoice where applicable.

6.  Your Obligations

6.1   You will provide me at the time of asking with the necessary information in order to carry out the Services.

6.2.  You will allow me reasonable access to both you and the Site at agreed times in order to carry out the Services.

7.   Intellectual Property Rights

7.1.  I am the owner of all intellectual property rights in the Designs, together with any developments or modifications in such Designs.

7.2.  You will allow me to refer to you in any publicity after the Services have been provided, including the taking and publication of photographs of the Design and Site.

8.   Termination

8.1.  Either party may terminate this contract at any time by giving the other party at least 7 days’ written notice, but you will have to pay for the Services carried out up to the date of expiry of the notice.

8.2.  If any term of this contract shall be held to be invalid, illegal or unenforceable, the remaining terms shall remain in full force and effect.