Terms & Conditions

Please read the following terms and conditions relating to your use of this website carefully. 

‘The Client’, ‘You’, ‘Your’ shall mean the person, firm or company who requests design and/or landscaping and/or associated works from Alona Permaculture. The Client shall be responsible for all payments to the Contractor unless otherwise notified in writing prior to commencement.

‘The Contractor’, ‘I’, ‘We’ shall mean Chris Seagal & Vicky Baker of Alona Permaculture, and approved sub-contractors as instructed by the Project Manager to which these terms and conditions apply. The Contractor will be responsible to the Client for works as described in the specification attached.

‘Project Manager’, ‘I’, ‘We’ means Chris Seagal & Vicky Baker of Alona Permaculture, who shall oversee all aspects of the Works.

Quotation means the written estimate provided by Alona Permaculture or contractor for completion of the design and/or development works.

Site means the location where the design and or, development is to be carried out.

Specification means the documents including detailed plans and/or drawings describing the design provided by the Contractor. These include but are not limited to: Design Brief; Landscape Design; Planting Plan.

Works means the design and/or landscaping work to be carried out by the Contractor or a Contractor appointed Sub-contractor, in accordance with the Specification.

Nothing in these Terms and Conditions shall affect the Client’s Statutory Rights as a consumer.

1. INITIAL CONSULTATION

After enquiry from the Client, Alona Permaculture will provide an initial consultation at the Site. This meeting enables you to discuss your ideas, requirements and expectations for your project. We will make comprehensive notes that will form the basis of the Quotation and Specification documents for later inclusion in the design. 

2. DESIGN FEES & PAYMENT SCHEDULES

After the Initial Consultation Alona Permaculture will provide a Design Quotation for our design services, including costs and payment details. Quotations will remain open for acceptance for 21 days.

The Design Quotation is based on Alona Permaculture’s best assessment of the time it will take to carry out the design services requested. If we find it will take more hours than estimated to complete the design services these hours will be chargeable to the Client but will not be worked nor charged for without consulting you first and receiving your agreement to proceed.

Fees described in the Design Quotation may be charged at an hourly rate (£45 per hour) or a fixed amount as specified.

We will require written confirmation (email or design agreement) that you accept the Design Quotation and these Terms and Conditions before we proceed with any design services.

3. DESIGN PROCESS

An accurate scale survey of the Site is required to produce the design. Small, straightforward gardens can be surveyed by the Designer and one other. For larger or more complex gardens, a specialist land surveyor may be required which We can arrange or make a recommendation of a service provider if the Client prefers.

If the Client directly instructs a surveyor, the contract between the two parties, including fees and payment terms will be entirely separate to Your contract with Landscapes of Distinction.

A brief report document will be created outlining the Client’s requirements as discussed at the Initial Meeting. This document forms the basis of the Design documents. The Design Brief will be sent to the Client for approval. Any required additions or amendments can be made by the Client on this document before signing and returning to the Contractor.

The Design will be produced according to the information contained within the design brief and site survey. Upon completion this will be presented to the Client for approval. Should the client require any further additions or amendments these will be charged at an hourly rate (£45 per hour) or a fixed amount as specified.

A Planting Plan specifies the variety, number and location of plants to be used within the Design. Plants are selected for their form, function and suitability for the Site. The Contractor will produce a planting plan at the request of the Client. The Contractor accepts no responsibility for the viability of any plants requested by the Client that are unsuitable for the Site conditions.

Additional site visits and virtual meetings at the Client’s request will be charged at an hourly rate, plus travel (charged at 50p per mile).

Alona Permaculture aim to complete designs within 6 weeks. However, due to the complexity and research required for more detailed designs, the completion time can be more than 6 weeks. We endeavour to inform you of any delays.

4. CONTRACT SUM

The Contractor will, upon written instruction from the Client, produce a Quotation for the construction of the design to be carried out by the Contractor or a Contractor appointed Sub-contractor, using the materials agreed by the Client, in accordance with the design and planting plan documents.

The Quotation shall remain open for acceptance for 21 days. If the Quotation is not accepted by the Client in writing within this period, the Quotation will lapse and be deemed to have been withdrawn.

If the Client accepts the Quotation in writing within the 21 day period the price contained therein shall become the Contract Sum.

5. CONSTRUCTION

(If Alona Permaculture are instructed to project manage the design)

The Client shall provide access to the Site at all times, and water and electricity at no charge to the Contractor during working progress. Use of welfare facilities is to be agreed before Works commence.

Materials delivered to the Site become the responsibility of the Client, and the Contractor accepts no responsibility for loss, damage or expense after delivery of the materials to site for any reason. Unfixed materials and goods delivered, placed on or adjacent to the Site and intended for use in connection with the Works shall remain the property of the Contractor until the value of such materials and goods have been included in any interim or final payment and the amount has been discharged whereupon such materials and goods shall become the property of the Client.

The Contractor and/or Sub-contractor shall carry out and complete the Landscape Works described in the Specification documents using reasonable care and skill, and in a proper and workmanlike manner. They shall have no obligation to execute any additional work unless otherwise agreed in writing between the parties.  

Any additional work or alterations required by the Client beyond those outlined in the Specification must be requested in writing to the Project Manager and will be subject to separate payment and be charged as required.

Site personnel have no authority to alter the contract in any way. Additional work or alterations agreed with any site personnel other than the Project Manager or carried out without the knowledge and approval of the Project Manager, except in an emergency, may result in the termination of Works by the Contractor. All emergency works must be reported to the Project Manager at the earliest opportunity.

Should the termination of Works take place the Client remains liable for any costs (including, but not limited to, labour and materials) incurred by the Contractor up to and including the date of termination.

The Contractor and/or Sub-contractor cannot be held responsible for any damage to, or costs relating to any underground hazards, obstructions or services not made known in writing prior to the commencement of the Landscape Design. Should any underlying rock or building rubble be found after Quotation, the Contractor reserves the right to charge as required for the additional works to remove and dispose of this following consultation with the Client.

The Contractor undertakes to use all reasonable endeavours to complete the works within a reasonable time. The Contractor shall incur no liability however for any delays or non-performance arising from force majeure, adverse weather conditions, strikes, lock-outs, war or other hostilities or any active event beyond our reasonable control.

The Contractor is not able to accept responsibility following practical completion for any damage caused by adverse weather, animals or any other physical action beyond our reasonable control.

The Client remains responsible at all times for any matters regarding Licences, Permits, Planning Permission or similar Legal requirements.

The Contractor shall hold and maintain in force all such Insurance cover as may be required including Public Liability, Employers Liability and Indemnity Cover.

6. RIGHT TO CANCEL

If the Client wishes to terminate the contract after Works have commenced and before the completion of the Works You must do so in writing directly to the Project Manager. Works will cease immediately upon this instruction and all site personnel, tools and materials not installed shall be removed from Site. The Client shall be liable for all costs (including, but not limited to, labour and materials) incurred by the Contractor up to and including the date of termination. The Contractor shall be under no obligation to complete the Works as set out in the Specification.

7. PAYMENT

Full payment of the design cost is due prior to the commencement of the design.

The Contractor shall be entitled to receive payments against any works completed/materials at the intervals stated in the Quotation. All invoices are payable within 3 days of the date of issue. A final payment is to be made following practical completion and payable within 3 days of invoice, otherwise subject to a 3% interest per month thereafter until paid.

The Contractor shall be entitled to suspend or terminate Works immediately if the Client fails to pay any sum due in accordance with the payment terms, or is in breach of these terms, or becomes bankrupt. In such cases, the Contractor shall be entitled to payment for all works carried out and all goods suppled at the date of termination or suspension of the contract and retain any deposit or interim payments made towards this. Any materials on site that are not fixed remain the property of the Contractor and may be removed from site by the Contractor or their agents.

8. MAINTENANCE AFTER COMPLETION FOLLOWING INSTRUCTION TO PROJECT MANAGE THE DESIGN

The Contractor undertakes to execute the basic requirements for the initial establishment of the design, but, following the practical completion of the contract, the responsibility for proper maintenance of the site passes to the Client.                                                                                   

Guidance on maintenance operations will be supplied by the Contractor upon request. The Contractor may charge for this service and the amount will be added to the final invoice.

9. PLANTS & PLANTING

 The Contractor guarantees that all plants and trees sourced and/or supplied by us will be inherently healthy and planted according to permaculture practice.

The Contractor cannot be held responsible for any plant or tree failure as a result of adverse weather, malicious or animal damage, vandalism, neglect and/or maintenance failure by the Client, pest and/or disease damage.               

In the rare occurrence of multiple plant failure (of a single variety from a single supplier) not resulting from any of the factors laid out above, replacements of the same or similar variety may be offered at the discretion of the Contractor. Removal of the original plants and replanting of the new plants will take place at no additional cost to the Client. At no time will the Contractor be responsible for more than the value of the original plants.                                                                            

Plants and/or trees that are supplied by the Client will remain the sole responsibility of the Client and are covered by these terms.

In circumstances of plant non-availability, substitutes may be used at the discretion of the Contractor. All substitutes will be similar in colour and/or form and/or maintenance requirements to achieve the overall aesthetic as laid out in the Specification. The Contractor will liaise with the Client on any changes where possible. If substitute plants are more expensive than the plants detailed in the Specification, then the Client shall be liable to cover this cost. Any difference in the cost of substitute plant(s) will be reflected in the interim or final invoice.                                                                                                                                                     

We will do our best to plant as laid out in the design Specification, however if planting is attempted and deemed not possible due to, including but not limited to, underground obstructions, inappropriate planting conditions or roots, we will discuss this with the Client.

10. QUALITY OF ALL WORKMANSHIP

Will be in accordance with recognised permaculture practice in accordance with the Permaculture Association UK and that materials supplied will be suitable for their intended use. Where normal ground conditions prevail, the contractor warrants a 12 month defects period from the date of practical completion for any workmanship found to be defective due to any cause other than neglect, damage (caused by wilful and/or accidental means or as a result of natural conditions i.e. weather) or theft. The Contractor is unable to offer guarantees for products supplied outside its own manufacture. Unless otherwise stated, timber supplied will be pressure treated. It should be noted that timber products can be prone to some natural movement in extreme weather conditions for which the Contractor can accept no liability.

The value of any claim made against this Contract shall be limited to the value of the agreed works and values contained and described within the Quotation.

This Contract and Terms and Conditions are governed by the Law of England.

By using this website, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this website after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this website.

Scope of Terms and Conditions
These terms and conditions apply to your use of this website. These terms and conditions do not apply to your use of unaffiliated websites to which this website only links.

Restrictions On Use of Materials
The contents of Alona Permaculture website (the website) are protected by copyright and trademark laws, and are the property of Remedy Permaculture Design. Unless we say otherwise, you may access the materials located within the website only for your personal use. This means you may download copies of posted materials for personal, noncommercial use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights to that material.

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the website. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the website.

Links
These terms and conditions apply only to the website, and not to the websites of any other companies or organizations, including those to which the website may link. We are not responsible for the availability of any other website to which the website links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website’s administrator or Webmaster. We reserve the right, however, to rescind any permission granted by us, and to require termination of linking to the website, at our discretion at any time.

Disclaimers
The services materials on the website are provided “as is” and without warranties of any kind, either express or implied.  We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
We do not warrant that any functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes them available are free of viruses or other harmful components.

We do not make any representations regarding the use or the results of the use of the services or materials in this website in terms of their correctness, accuracy, reliability, or otherwise.  You assume the entire cost of all necessary servicing, repair or correction to your system.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
We do not endorse, warrant or guarantee any products or services offered on the website. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.

Limitation of Liability
Under no circumstances, including but not limited to negligence, will we be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the website, or any products of services provided pursuant to the website, even if advised of the possibility of such damages.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you.  In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the website.

No Personal Advice
The information contained in or made available through the website cannot replace or substitute for the services of trained professionals in any field. We make no representations or warranties concerning any treatment, action, or application of services or preparation by any person following the information offered or provided within or through the website. We will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

Indemnity
You agree to defend, indemnify and hold us harmless, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these terms and conditions, (ii) your content and materials, (iii) your use of materials or features available on the website (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Jurisdictional Issues
We control and operate this website from our offices in the United Kingdom. We do not represent that materials on the website are appropriate or available for use in other locations. Persons who choose to access this website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.