Updated 10/11/24

These Terms of Service govern your access to and our provision of our contracting and supply services. By engaging our services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please refrain from using our services.

1. Services Provided

TOPIAMOR LTD offers a comprehensive range of services, including but not limited to:

• Contracting
  • Tree Surgery
  • Site clearances
  • Grounds Maintainence
  • Landscaping
  • Biodiversity Consultancy
  • Tapestry Lawns
  • Contract Planting
  • Design Work
  • Fencing/Surfacing

• Plant Sales
  • Trees, Hedging, Shrubs
  • Bulbs, Corms, Tubers etc.
  • Herbaceous Perenials
  • Annual/Bedding Plants
  • Biodiversity, Wildflower and Tapestry Lawn Plants
  • Wild Flower and Grass Seed Mixes

2. Acceptance of Terms

By using our services, you confirm that you have read, understood, and agree to these Terms. If you are using our services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

3. Estimates and Quotes

• Estimates: All estimates and quotes provided are preliminary and subject to change based on site conditions, material costs, labor considerations, and other factors. We will provide a written estimate prior to commencing work.
• Acceptance: Acceptance of the estimate must be provided in writing (email or acceptance through our quoting system is sufficient) before any work begins. Any additional work not included in the original estimate will be discussed and quoted separately.

4. Payment Terms

• Payment Due: Payment is due upon completion of the services rendered, unless otherwise agreed in writing.
• Accepted Forms of Payment: We accept cash, checks, and BACCS. A fee may be applied for returned checks.
• Late Payments: Any payments not received within the agreed terms of the invoice date will incur a late fee of [10% per month] and may result in the suspension of further services until the account is brought current.

5. Customer Responsibilities

As a customer, you agree to:

• Provide Accurate Information: You are responsible for providing accurate information regarding property access, site conditions, any known hazards, and any other relevant details that may affect the services.
• Prepare the Work Area: Ensure that the work area is clear of personal items, pets, and obstacles before our team arrives.
• Notification of Changes: Notify us of any changes or special instructions regarding the services to be performed at least 48 hours prior to the scheduled service date.

6. Permits and Regulations

• Customer Responsibility: You are responsible for obtaining any necessary permits, licenses, or approvals required for the work to be performed on your property, unless otherwise agreed in writing. (We will usually deal with any tree protection orders)
• Compliance: All work will be carried out in compliance with local laws, regulations, and industry standards.

7. Liability

• General Liability: TOPIAMOR LTD is fully insured and will take reasonable precautions to protect your property during service. However, we are not liable for any indirect, incidental, or consequential damages arising out of or related to our services.
• Indemnification: You agree to indemnify and hold TOPIAMOR LTD, its employees, and agents harmless from any claims, losses, or damages, including legal fees, resulting from your failure to provide accurate information or comply with local laws and regulations.
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8. Warranties

• Quality of Service: We strive to provide high-quality services. However, we do not guarantee specific results, as outcomes can vary based on environmental factors and other variables beyond our control.
• Written Warranties: Any warranties provided by us regarding materials, workmanship, or services will be documented in writing and are limited to the scope of the work performed.

9. Termination

• Termination by Customer: You may terminate the service agreement at any time by providing written notice. You will be responsible for payment for services performed up to the termination date.
• Termination by Us: We reserve the right to terminate the service agreement at any time for any reason, including but not limited to non-payment, unsafe working conditions, or failure to comply with these Terms.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising out of or related to these Terms shall be resolved in the English courts and you consent to the jurisdiction of such courts.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our Social media or notifying you directly. Your continued use of our services following any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically to stay informed of any updates.

12. Privacy Policy

Your use of our services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our services, you consent to the practices outlined in our Privacy Policy.

13. Intellectual Property

• Ownership: All content, trademarks, and other intellectual property related to TOPIAMOR LTD and its services are the property of TOPIAMOR LTD or its licensors. You may not use, reproduce, or distribute any of our intellectual property without our express written consent.
• Customer Materials: You grant us a non-exclusive, royalty-free license to use any materials you provide to us in connection with the services, solely for the purpose of performing the services.

14. Force Majeure

TOPIAMOR LTD shall not be liable for any failure to perform its obligations under these Terms if such failure is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, government actions, or natural disasters.

15. Limitation of Liability

In no event shall TOPIAMOR LTD be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to these Terms or services provided, even if we have been advised of the possibility of such damages. Our total liability to you for any claims arising out of these Terms or your use of our services shall not exceed the total amount paid by you for the services that gave rise to the claim.

16. Dispute Resolution

• Informal Resolution: In the event of any dispute arising out of or relating to these Terms or our services, you agree to first attempt to resolve the dispute informally by contacting us directly.
• Formal Resolution: If the dispute cannot be resolved informally, you and TOPIAMOR LTD agree to resolve the dispute through legal channels including mediation by a solicitor.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and TOPIAMOR LTD regarding the use of our services and supersede all prior agreements and understandings, whether written or oral, related to the subject matter herein.

19. Contact Information

For any questions, concerns, or comments regarding these Terms, please contact us at:

TOPIAMOR LTD
7 Grange View
Bolton le Sands
Lancaster
LA58JQ

By using our services, you acknowledge that you have read, understood, and agree to be bound by these comprehensive Terms of Service. Thank you for choosing TOPIAMOR LTD for your contracting needs!