Terms of Engagement

The term "Client" shall mean the person or persons accepting the accompanying Proposal and paying the design fee, who shall be responsible for all payments to the Designer unless otherwise agreed in writing prior to commencement.​The Client warrants that they have the authority to instruct the Designer in relation to the Property.​The term "Designer" shall mean Taylor Gee Ltd, who shall be responsible for providing the services described within the accompanying Proposal.​The term "Proposal" shall mean the quotation, scope of works, fee schedule and project details issued by the Designer.

Acceptance of the accompanying Proposal and payment of the design fee or deposit shall constitute acceptance of these Terms of Engagement and shall form a binding agreement between the Client and the Designer.​Nothing contained within these Terms of Engagement shall affect the Client's statutory rights as a Consumer.

The Designer shall carry out the services described within the Proposal.​These services may include, but are not limited to, site surveys, concept designs, developed designs, planting plans, technical drawings, visualisations, specifications and presentation documents.​Any services requested outside the agreed scope of the Proposal shall be treated as Additional Works and may incur additional charges.

The Client shall provide reasonable access to the Property for the purposes of carrying out surveys and site evaluations.​The Client shall notify the Designer in writing of any known matters affecting the Property, including boundary issues, rights of way, easements, neighbour disputes, underground services or any other relevant site constraints.​The Client shall ensure that all information supplied to the Designer is accurate and complete.The Designer shall be entitled to rely upon information supplied by the Client.​The Client shall be responsible for reviewing and approving all drawings, specifications and design documentation before construction or implementation.​The Designer shall not be responsible for errors, omissions or variations arising from information supplied by the Client or from design documentation approved by the Client.

The Client acknowledges that garden design is a creative service and accepts the Designer's professional judgement in relation to the creative interpretation of the agreed design brief.​The number of revisions included within the Project shall be as stated within the accompanying Proposal.​Unless otherwise stated within the Proposal, the Project includes up to two consolidated rounds of revisions following presentation of the Concept Design and up to one consolidated round of revisions following each subsequent design stage.​A revision shall consist of one consolidated list of requested amendments submitted by the Client.​Approval of any design stage shall constitute acceptance of that stage.​Any amendments requested after approval, revisions exceeding those included within the Proposal, or changes to the agreed design brief shall be treated as Additional Works and charged at the Designer's current rates.

The Designer shall use reasonable endeavours to complete the services within the estimated timescales stated within the Proposal. Payment shall be made in accordance with the payment schedule stated within the Proposal.​The Designer reserves the right to suspend further work until any outstanding payment has been received.​The Client shall not be entitled to receive or use any design documentation relating to a stage of the Project until payment for that stage has been received in full.

Should the Client cancel the Project after work has commenced, the Designer shall be entitled to payment for all work completed and any reasonable costs incurred up to the date of cancellation.​Any refund due shall be calculated after deduction of such costs.

Any services requested beyond those identified within the Proposal, including additional meetings, redesigns, research, sourcing, material selection, travel, site visits or consultancy services, shall be treated as Additional Works and may be subject to additional charges.​If the Client changes the agreed design brief, requirements or project scope after commencement, the Designer reserves the right to review the scope, programme and fees accordingly.

The Designer shall not be held responsible for delays, damage or additional costs arising from underground services, obstructions or site conditions that were not disclosed by the Client or were not reasonably identifiable during a visual inspection.

The Client shall remain responsible for obtaining any planning permission, licences, permits, building regulations approval or other statutory approvals required for the Project unless expressly agreed otherwise in writing.

The Designer provides design services only unless otherwise agreed in writing.​The Designer may recommend or introduce the Client to contractors, suppliers or other third-party providers to assist with the delivery of the Project.​Any recommendations are made based on the Designer's professional judgement and experience. The Client remains responsible for selecting and appointing any contractor, supplier or third party.​Where the Designer receives a direct financial benefit specifically as a result of recommending a particular contractor, supplier or product to the Client, the Designer will disclose this arrangement prior to the Client entering into an agreement with that third party.​Any agreement for construction, installation, products or services shall be between the Client and the relevant third party.The Designer shall not be responsible for the workmanship, quality, pricing, availability, programme or performance of any contractor, supplier or third party appointed by the Client.

Computer-generated images, visualisations, animations and illustrations are provided for illustrative purposes only.​Colours, textures, materials, lighting, planting maturity and construction methods may differ from the completed Project.Planting plans are prepared using the Designer's professional judgement.​The Designer cannot guarantee the establishment, growth or survival of plants due to factors beyond the Designer's reasonable control, including weather, soil conditions, maintenance, pests, disease or contractor installation.

The Designer retains the copyright and all intellectual property rights in all drawings, plans, visualisations, specifications, planting plans, photographs and other original material produced in connection with the Project unless otherwise agreed in writing.​The Client grants the Designer permission to use photographs, images and other visual material relating to the Property, including existing site photographs, progress photographs and completed project photographs, for portfolio, marketing and promotional purposes.​The Designer shall not disclose the Client's personal details or property address without the Client's consent.​Upon payment of the relevant fees, the Client is granted a non-exclusive licence to use the design documentation solely for the purpose of constructing and maintaining the garden at the Property detailed within the Proposal.​The Client shall not reproduce, distribute or permit others to use the Designer's drawings, plans, visualisations or other design material for any other purpose without the Designer's prior written consent.

The Designer shall maintain appropriate Professional Indemnity and Public Liability Insurance during the provision of the services.​The total liability of the Designer arising from the Project shall not exceed the total amount paid or payable by the Client under the Proposal.​The Designer shall not be liable for any indirect, consequential or economic loss arising from the Project.

The Designer shall treat all information supplied by the Client as confidential and shall not disclose such information except where required by law or where necessary for the proper delivery of the services.

Neither the Client nor the Designer shall be liable for any delay or failure to perform their obligations where such delay or failure results from circumstances beyond their reasonable control.

These Terms of Engagement and the accompanying Proposal shall be governed by and construed in accordance with the laws of England and Wales.