Design Heights Terms and Conditions of Service
All contracts are between Design Heights Limited and the ‘Client’.
Services – Design Heights offers design, project management, procurement and planting services as well as quarterly maintenance and gardening tuition, fees are agreed based on requirement and scale of the project.
Description of Service
Design Heights (represented by Carole Jordorson) will, on behalf of the Client, undertake to provide the following range of Services listed in the Design Process. Such services to be agreed in writing and confirmed in the Notice of Engagement – Design Phase and Notice of Engagement – Works Phase. (see example in Appendix 1)
Confirmation of the services required with appropriate details will be confirmed in writing at stages defined in the Design Process below, email confirmation is binding unless otherwise stated.
A signed Notification of Engagement – Design Phase is required before any site survey or design work will be undertaken.
A signed Notice of Engagement – Works Phase is required before any work is scheduled, contractors are hired and materials or plants are sourced.
The Process, including legal obligations:
Consultation Meeting – Once you’ve contacted us, we will arrange a site visit: to meet you, understand your requirements, like and dislikes and look at the site. There is normally no charge for this meeting and neither party is under obligation to proceed.
Brief – If you are happy to proceed, after the initial meeting, you will be asked to sign a Notice of Engagement – Design Phase. The cost for a master plan and supporting concept presentation will be confirmed before the briefing meeting, and is payable in advance. We will then have a briefing meeting, which takes approximately one hour. It is important that everyone who uses the garden attends. We will through a series of questions to define the brief. The brief will then be confirmed in an email after the meeting and unless changes are requested at this stage, the brief is confirmed.
Design – Once the brief is confirmed we will create a scale drawing of the site the Master Plan and define the design concept with material choices and overall plant ideas via a presentation of images. This will probably require a visit the garden to undertake a site survey. If the garden is particularly large or has a large level variance a professional surveyor maybe required to undertake the survey, the cost of this is born by the client; however this additional cost will most likely be confirmed at the consultation meeting.
Design Meeting – We will then present the design concept to you taking you through the layout, image presentation, and supporting sketches if required, so you can ask questions and visualise how the garden will look. The conclusion of the Design Meeting will be confirmed via email and unless changes are requested at this stage the design is then confirmed. Changes made, are without charge for up to one hour of revisions that Design Heights considers reasonable changes. Any additional hours will be charged at £40/hour.
Material & Labour Quotes – once the design including materials has been agreed, labour quotes can be undertaken. If appropriate The Schedule of Works and an estimate of Time Scales will also be given at this stage. NB – Time Scales can vary due to the weather and therefore it cannot be guaranteed.
Planting Plan –This is the detailed scale plan which shows which plants go where, how many, with a defined plant list (Latin names including specific species/type). The cost to be confirmed at the Design Meeting, this is payable in advance. Changes to the Planting Plan are welcomed however if changes result in more than one hour to research alternatives additional hours will charged at £40/hour.
Build Process – This is confirmation via a Notice of Engagement – Works Phase, in which you will be required to formally accept the quotation for the Works, this will include an estimate for plants, as prices vary due to availability at the time of ordering. Once all quotes are agreed the works can begin; starting with site clearance, foundations, electric cables are laid for lighting and any power requirements, conduit for irrigation, hard landscaping, structures etc. Payment terms will vary dependant on the contractors and materials required. However normal payment terms are 50% in advance and 25% at the date notified to you as the mid-point and 25% at the date notified to you as the end date. Delays in receiving payment may result in delays to works and may incur additional charges to client.
Planting – Once the build phase is completed, the flower beds are then prepared, plants are bought and planted following the agreed planting plan. The final cost for plants will be confirmed 2-3 weeks before planting. Payment is required in advance of ordering. Delays in receiving payment will result in delays to planting. If alternative plants are required to be sourced, due to delays a £40/hour plant design and sourcing charge will be required.
Finishing Details – Irrigation is installed if required, as is final fix lighting.
Scope of Work with and Timeline
If the scope of works is varied by the Client at any point after the Notice of Engagement – Works Phase has been signed, Design Heights will increase the fee payable according to the additional time incurred. The rate of charge for variations is £60/hour or part of an hour incurred for additional time incurred by Design Heights. If the additional/amended works cannot be achieved in the scheduled time due to other commitments, Design Heights reserves the right to sub-contract the provision of such of the Services as the Design Heights/Carole Jordorson deems appropriate (with any further cost to be discussed and borne by the Client).
Fair usage provision
In the case of designing, project management of the build or planting, the Design Heights will confirm an estimate of the number of hours required to complete the services agreed as part of the Notice of Engagement – Design & Works Phases. If these hours exceed 10% of original estimate the Company will require additional payment at an hourly rate of £40, if this is not paid Design Heights has the right to terminate the contract and render no further services. The Client shall remain liable to make payment of agreed fee and any additional costs for additional time incurred.
The Total Fee payable to the Design Heights by the Client shall be defined in the Notification of Engagements; Design & Works Phases.
The Design Heights shall submit invoices to the Client as defined in The Process or as stated in a pre-agreed Payment Schedule. The Client shall make payment in full within 5 days of the invoice date.
Interest shall be payable should invoices be re-issued and/or payment is late, at a rate of 1% above Bank of England base rate of the total sum invoiced, per day.
The work the Client requires as part of the Services shall be agreed by means of a written acceptance – Notices of Engagements. Changes to the Design Brief, Design Concept or Schedule of Works must be negotiated and agreed.
The Schedule of Works may also be updated and/or added when agreed, each addition shall require signature by both parties.
In the event of cancellation by the Client of these T & Cs, or of any of the work, within 14 days after the Date of Acceptance (or agreement in writing for further Works), the Client agrees to pay to the Company 50% of the proposed Fee.
In the event of cancellation by the Client of these T&Cs, of the Services or of any of the work, after 14 or more days of the Date of Acceptance (or agreement in writing for further Services or Works), the Client agree to pay to the Company the full proposed Fee.
Payment shall be made by the Client within 14 days of the date of cancellation.
Deductions, Tax and N.I. and VAT
The Company shall bear its own tax liabilities. For the avoidance of doubt, the Client agrees it shall not make any deductions from the Fee, in respect of tax, national insurance contributions or otherwise.
The Design Heights/Carole Jordorson shall retain ownership of any and all Intellectual Property developed by it during the currency of these T&Cs. The Client shall retain its ownership of any and all Intellectual Property to which it provides the Design Heights/Carole Jordorson access during the currency of these T & Cs and the Client shall indemnify the Design Heights/Carole Jordorson for any sums awarded by a court against the Design Heights/Carole Jordorson in connection with any claim brought against the Client for infringement of a third party’s rights (including any Intellectual Property Rights) arising in connection with, the receipt or use of the Services by the Client.
No party shall use any other party’s confidential information for any purpose other than to perform its obligations under these T&Cs.
The Design Heights/Carole Jordorson shall have no liability to the Client and the Client shall have no liability to the Design Heights/Carole Jordorson, in each case, save as set out in these T&Cs.
Either party to these T&Cs may terminate them with immediate effect by giving written notice to the other party if the other party commits a material breach of any term of these T&Cs which breach is irremediable or (if such breach is remediable) fails to be remedied within 3 days of being notified in writing (e.g. by email) to do so.
On termination of these T&CS for whatever reason, the Client shall immediately pay to the Design Heights/Carole Jordorson all of the outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Design Heights/Carole Jordorson may submit an invoice, which shall be payable by the Client immediately on receipt.
Acceptance of Terms
Payment by the Client to the Design Heights/Carole Jordorson or provision by the Client of a request for work or Services or agreement/contract to work shall constitute acceptance of these T & Cs.
This is the entire agreement between the parties. No variation of these T&Cs shall be effective unless set out in writing and signed by the parties. No other party shall have any rights.
Any notice, questions or other communication given to a party under these T&Cs shall be in writing, addressed to that party at its above address and by email.
These T&CS and dispute arising from them shall be governed by English law and the courts of England shall have exclusive jurisdiction.
Example of Notification of Engagement
Notification of Engagement
No 27 The Avenue,
In respect of the full back garden re-model for the above address, I accept the quotation dated 33rd of April 2017 in the sum of £XXXX, and associated terms & conditions. I therefore wish to instruct Design Heights to commence works, as detailed in the quotation dated 33rd of April 2017, as Principal Designer for the purposes of Construction (Design and Management) Regulations 2015.