Design Fee Terms And Conditions
The Garden Design Company (Midlands) Limited
Acceptance of these terms
It is not necessary for any Client to have signed an acceptance of these Terms and Conditions for them to apply. If a Client accepts a design proposal by way of paying a Design Fee, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these Terms and Conditions in full. Please read these Terms and Conditions carefully. Any purchase or use of our Services implies that you have read and accepted these Terms and Conditions.
Acceptance of a design commission is confirmed upon The Garden Design Company (Midlands) Limited receiving a Design Fee payment. Once this payment is received, a Site Survey booking date is confirmed and the design process commences.
You have the right to cancel our services within 14 days of acceptance of the design commission. Cancellation by the Client must be requested in a written notice and will be effective on acceptance of such notice. If cancellation is received before a Site Survey is carried out, the Client will be reimbursed in full, no later than 14 days after acceptance of the cancellation notice.
The Garden Design Company (Midlands) Limited reserves the right to cancel the Service at any time.
Suspension of services
The Garden Design Company (Midlands) Limited reserves the right to suspend all or any of the Services that we have given to you, including those that have been already paid for should any of these terms not be met.
Charges and payments
The price that we charge you for our Services is stated in your consultation and/or invoice for a Design Fee payment. Payment is to be made in one full installment unless otherwise stated. No work will be booked or undertaken until the Design Fee is in our account. You can and may request additional services at any time after your agreement has started and, in such case, we will confirm any additional charges that relate to these additional Services. If we agree to provide you with these Services, you will pay the additional charges they incur.
If at any time in the design process you are not satisfied with the quality of work, you may bring it to our attention. In general, once a Site Survey has been carried out, we will not refund payments on time spent/services rendered.
In the case where a Site Survey has been carried out before a refund request is accepted, a charge of £997 ex vat will apply for the Site Survey. This charge will be deducted from any refund amount.
In the case where design work has been carried out before a refund request is accepted, The Garden Design Company (Midlands) Limited reserves the right to charge for the time spent in design. These charges will be deducted from any refund amount.
During the design process, The Garden Design Company (Midlands) Limited will consult with the Client on the design and consider any adjustments to the Design before completion of any/all Design.
Included within the design commission are 6 hours of design time for design changes. The Garden Design Company (Midlands) Limited may carry out additional non-billable changes at our discretion. The Garden Design Company (Midlands) Limited reserves the right to charge for additional design time for changes which are over 6 hours. Any additional design time charges will be agreed before any such work commences.
The Client retains the copyright to data, files and artwork provided by the Client, and grants The Garden Design Company (Midlands) Limited the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting The Garden Design Company (Midlands) Limited permission and rights for use of the same and agrees to indemnify and hold harmless The Garden Design Company (Midlands) Limited from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
Unless explicitly specified in writing, The Garden Design Company (Midlands) Limited will hold all copyright and intellectual property rights for all sketches, scale plans, 2D visuals and models and 3D visuals and models produced by us. The Design will remain the sole intellectual property of The Garden Design Company (Midlands) Limited until the design process is complete, and a Design Fee is paid in full. Where payments are outstanding, all design work produced by us will remain the sole intellectual property of The Garden Design Company (Midlands) Limited.
You agree to use all Company services and facilities at your own risk and agree to defend, indemnify, and hold The Garden Design Company (Midlands) Limited harmless from any and all demands, liabilities, losses, costs and claims. You agree that this indemnification extends to all aspects of design work completed by The Garden Design Company (Midlands) Limited.
These Terms and Conditions supersede all previous representations, understandings, and/or agreements. To maintain the quality of our service to our Clients we reserve the right to change these Terms and Conditions and the nature of our services at any given time.
All notices must be in writing via email or addressed to;
The Garden Design Company (Midlands) Limited
Unit 11 The Warren
East Goscote Industrial Estate
Notices to the Client will be considered validly given if addressed to your address.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision.
(a) “Client” means the persons commissioning the Design work
(b) “Services” means the services of Design supplied to the Client
(c) “Design” means the various aspects of design work including sketches, scale plans, 2D visuals and models and 3D visuals and models that we produce
(d) “Design Fee” means the payment for the production of the Design and Site Survey
(e) “Site Survey” means the site visit we conduct to take the measurements and levels of an outdoor space in order to begin the Design process.
(f) “Agreement” means the agreement to these Terms and Conditions for the Design Fee