Terms & Conditions

Table of Contents

1. These terms
2. Information about us and how to contact us
3. Our contract with you
4. Your rights to make changes
5. Our rights to make changes
6. Providing the services
7. Your rights to end the agreement
8. Our rights to end the agreement
9. Complaint Procedure

10. Price and payment
11. Our responsibility for loss or damage suffered by you
12. How we may use your personal information
13. General terms of service
14. Disclaimer
15. Other important terms

OUR TERMS

1. These Terms

1.1 These are the terms and conditions on which we supply services to you.

1.2 Please read these terms carefully before accepting any services from Shrekfeet Limited. These terms tell you who we are, how we will provide services to you, how you, and we, may change or end the service(s), what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us and how we contact you

2.1 We are Shrekfeet Limited (us), a company registered in England and Wales. Our

company registration number is 11205396 and our registered office is at Shrekfeet

Limited 5^th floor, Waverly House, 115-119 Holdenhurst Road, Bournemouth BH8 8DY. Our registered VAT number is 310 6373 39.

2.2 You can contact us by telephoning our customer service team via the telephone number published on our website or by writing to us at the address published on our website

2.3 If we have to contact you, we will do so by the contact details you supplied to us when asked to do so, this may be by telephone, email, or other forms of electronic communications such as text messages, WhatsApp or social media messaging platforms. It is your responsibility to ensure that we have the correct and up to date contact information we need in order to be able to communicate with you effectively

2.4 Failure to provide us with up-to-date contact information or to notify us of changes to your contact information is not a valid reason to claim not to have received our communications.

2.5 Sometimes our communications contain essential information relating to the products we are using or services we are providing. It is essential that you take the time to read our communications completely.

2.6 When we use the words “writing” or “written” in these terms, this includes written communications detailed in 2.3 above.

3. Our agreement with you

3.1 Our acceptance of your order will take place when we contact you to tell you that we are able to provide you with the services, at which point an Agreement will come into existence between you and us.

3.2 If we are unable to accept your order, we will inform you of this and will not charge you

for the services.

4. Your rights to make changes

If you wish to make a change to the services, please contact us. We will let you know if the

change is possible. If it is possible, we will let you know about any changes to the price of the

services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

5. Our rights to make changes

5.1 We may change the services to reflect changes in relevant laws and regulatory

requirements or to implement minor technical adjustments and improvements. These

changes will not affect your use of the services.

5.2 In addition, we may amend these terms or the services, but if we do so we will

notify you and you may then contact us to end the Agreement before the changes take effect.

6. Providing the services

6.1 We will supply the services to you from the date we accept your service request. The

estimated completion date for the services is as advised to you during the order process, or when we end the Agreement by written notice to you as described in clause 8.

6.2 Our services are an ongoing maintenance service and will auto-renew each year unless

you instruct us otherwise.

6.3 If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Such events may include, but are not limited to, the following:

1. Unsuitable weather conditions for the services planned to be completed
2. Machinery/vehicle breakdown/theft

• Staff absence

1. Supplier failure

6.4 If you have asked us to provide the services to you at your property and you do not allow

us access to your property as arranged, we may charge you additional costs incurred by us as a result as detailed below. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the Agreement and clause 7.3 will apply.

1. Cancellation of appointments – We will notify you in advance of our scheduled appointment date. If you need to cancel this scheduled date you must do so by email and you must receive confirmation from us, by email, that your appointment is cancelled. If you do not receive that confirmation, you can assume that we have not received your cancellation request and that your appointment is still scheduled.
2. Lockouts – Following our contact with you to notify you of the date of a scheduled service, if we are subsequently unable to gain access to your property to complete the service you have contracted us to provide, you may be charged 50% of the service price to cover incurred losses.

6.5 We may need certain information from you so that we can provide the services to you.

We will contact you to ask for this information. If you do not provide us with this information within a reasonable time of us asking for it, or you provide us with incomplete or incorrect information, we may either end the Agreement (see clause 8.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. The information we would need that would impact our ability to provide the service includes, but is not limited to, the following:

1. Property location/access information
2. Up to date contact details

• Location of irrigation/shallow pipes in lawn for machinery work or any other hidden hazards potentially damaging to equipment, e.g. rotary washing line holder.

1. Any changes to the property which could impact the pricing or service we have agreed to provide to you

6.6 We may have to suspend the services to:

1. Deal with technical problems or make minor technical changes.
2. Update the services to reflect changes in relevant laws and regulatory requirements.

• Make changes to the services as requested by you or notified by us to you (see clause 5).

6.7 We will contact you in advance to tell you we will be suspending the services, unless the

problem is urgent or an emergency. If we have to suspend the services for longer than three

months you may contact us to end the Agreement and we will refund any sums you have paid in advance for services not provided to you.

6.8 If you do not pay us for the services when you are supposed to (see clause 10.4) and you

still do not make payment within 7 days of us reminding you that payment is due, we may

suspend supply of the service until you have paid us the outstanding amounts.

7. Your rights to end the Agreement

7.1 You may contact us at any time to end the Agreement for the services, but in some

circumstances we may charge you certain sums for doing so, as described below.

7.2 If you are ending the Agreement for a reason set out below, the Agreement will end

immediately and we will refund you in full for any services which have not been provided or

have not been properly provided. Any outstanding invoices will need to be settled upon the

closure of the account. The relevant reasons are:

5. We have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.2).
6. We have told you about an error in the price or description of the services you have ordered, and you do not wish to proceed.

• There is a risk the services may be delayed by more than 3-months because of events outside our control.

1. We suspend the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or
2. You have a legal right to end the Agreement because of something we have done wrong.

7.3 If you are not ending the Agreement for one of the reasons set out in clause 7.2, the Agreement will still end immediately. You have the right to cancel any treatment plans within the first 12-months of entering into that Agreement with us. However, a cancellation within this period may result in a charge equal to the remaining payments due to us until the end of that initial 12-month period or £100, whichever sum is lowest.

If the cancellation is within 3 working days of a scheduled appointment, 50% of the service charge will be incurred.

7.4 You can cancel without reason up to 14-days after you accept any estimate from us provided that we have not notified you within that period of a scheduled visit date. If you cancel outside of the 14-day period any Agreement related to lawn renovation services, including but not limited to; scarification, aeration, over-seeding, or top-dressing, we reserve the right to charge you 15% of the total invoice value.

8. Our rights to end the Agreement

8.1 We may end the Agreement at any time if:

1. You do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
2. You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or

• You do not, within a reasonable time, give us access to your property to enable us to provide the services to you.

8.2 If we end the Agreement in the situations set out in clause 8.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Agreement as set out in 7.3 and 7.4 above.

8.3 We will refund any sums you have paid in advance for services which will not be provided.

9. Complaint Procedure

9.1 Our complaints procedure

We are committed to providing a high-quality service to all our customers. When something goes wrong, we need you to tell us about it. This will allow us to put things right for you and to help improve our service for others in the future.

1. We will do all we can to resolve your complaint quickly.
2. We will work to understand what went wrong and why it happened.

• We will explain the issue to you, what we have done, and what happens next.

1. We will ask if there is any particular resolution you would prefer and take that into account.

Our aim is to reach a mutually acceptable solution and we want you to have this as quickly as you can. We will keep you updated along the way and let you know what we are doing to fix your issue.

9.2 If you have a complaint

If you have a complaint, please contact the Customer Experience Manager who will be responsible for dealing with client care issues.

You can contact them via the contact details set out on our website

9.3 Reporting a complaint

In the unlikely event there is any problem with our service:

You must report the problem to us within the following time frames of the service occurring. If reported outside of this time frame, we reserve the right to refuse action based on lack of evidence that the service was defective at the time of

application/incident:

1. For general complaints or complaints about an aeration service – within 2weeks of the service being completed/incident.
2. For any treatment related complaints – within 3 weeks of the service being completed.

• For any renovation related complaints – within 2 months of the service being completed.

If remedying the problem is impossible or cannot be done within a reasonable time or without significant inconvenience to you, we will refund the price you have paid for the services.

In all other circumstances we will use every effort to repair or fix the problem free of

charge, without significant inconvenience to you, as soon as we can reasonably do so and, in any event, within 1 year.

If remedial work is undertaken by yourself or a third party that overwrites the work

that we have done, without our prior agreement, this action negates our responsibility to resolve the complaint.

9.4 On receipt of a complaint

1. We will acknowledge receipt of your complaint promptly.
2. We will ensure an appropriately qualified and senior individual investigates your

complaint.

• We will investigate your complaint fully and provide you with a comprehensive response including the decision arrived at as soon as reasonably practicable and in any event within 28 days of receipt of your complaint. If it is not possible to respond within 28 days, you will be notified of the reasons for this and provided with a further timescale for a final response which will be no longer than 8 weeks from the date of the complaint.

9.5 If you are dissatisfied with the outcome

At this stage, if you are still not satisfied, you should contact us again and we will arrange for

a senior manager who has not had any dealings with your matter to review the initial decision.

We will write to you within 28 days of receiving your request for a review, confirming our final position on your complaint, and explaining our reasons.

9.6 Legal Ombudsman Service

Once our own procedure is complete, if you are still not satisfied with our handling of your complaint or the outcome, you may contact The Legal Ombudsman Service by post at PO Box 6806, Wolverhampton WV1 9WJ, by email at enquiries@legalombudsman.org.uk or by telephone on 0300 555 0333 and ask them to consider the matter. You are required to allow us adequate time to satisfactorily resolve your complaint before referring the matter to The Legal Ombudsman but you must contact the Ombudsman within six months of the final response from ourselves. Details of further time limits and conditions that may apply can be found at www.legalombudsman.org.uk or directly from the Ombudsman’s office. If you wish to make a complaint of discrimination or harassment, you should also use this complaints procedure.

9.7 Non-payment of our bill(s)

Payment is due on the day the service is completed unless otherwise agreed in writing with us. You should be aware that we do not offer credit without prior final written notification and the company may be entitled to charge interest if all or part of our invoice(s) remains unpaid. Statutory Interest will be charged on any outstanding invoices. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

10. Price and payment

10.1 The price of the services (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see clause 10.3 for what happens if we discover an error in the price of the services you order.

10.2 If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.

10.3 It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated or previously estimated, we will endeavour to advise you of this price change prior to commencing service. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Agreement, refund you any sums you have paid and not perform the services.

10.4 If we discover that a service requires more work than originally quoted for due to size changes, unforeseen circumstances, access issues or environmental factors, we will not carry out the incorrect service level, but instead provide a new quote for the appropriate level of work and await your agreement. We may also, on occasion, discover that we are unable to complete a service altogether and would instead recommend an alternative course of action. Unforeseen factors may include, but are not limited to, the following:

1. The discovery of significant levels of thatch.
2. The discovery of significant levels of grubs in the lawn (such as chafer grubs or leatherjackets).

• The discovery of large stones/other items in the lawn that can cause damage to our machinery.

1. Access issues

10.5 If we are providing you with treatment services and find that the area to be treated is different to the area that we initially estimated and provided pricing for, we will adjust your pricing accordingly in line with our current published price charts. We will endeavour to advise you of this price change prior to applying any treatments. However, we reserve the right to charge you the correct price for any services provided regardless of the estimated price previously quoted.

10.6 As our pricing models are based on the measured area receiving services, it is your responsibility to ensure that the estimated area correctly matches the area you wish us to service

10.7 For any services valued above £1000 (including VAT), we may request, and you must make an advance payment of 50% of the price of the service(s), before we start providing them. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice when it is presented. We do not offer credit arrangements. We do not accept cash or cheque payments.

10.7 If you think an invoice is wrong, please contact us promptly to let us know.

10.8 If we are unable to carry out part of a service due to access restrictions at your property, the price of the service will remain the same as this is outside of our control.

11. Our responsibility for loss or damage suffered by you

11.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill.

11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.

11.3 As we are providing services at your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

11.4 Exceptions:

1. If you have requested that we gain access to your garden by going through your

house/garage or adjoining building(s)/structures, we do not accept any responsibility      for any damage that may be caused by doing so.

1. If you fail to notify us in writing of cables/irrigation systems/wiring or similar in the garden prior to us carrying out machinery work and these items are damaged as a result of that work, we do not accept responsibility for this.

11.5 We do not accept liability for damage to any planters, plant-pots, garden furniture, garden ornaments or similar items. It is the responsibility of the customer to ensure we have clear, unobstructed access to the areas of your property that we have agreed to provide services to.

12. How we may use your personal information

12.1 We will use the personal information you provide to us when you first make an enquiry about our services to:

1. provide the services.
2. process your payment for such services.

• to inform you about similar products that we provide.

1. to contact you about services we provide that you have not previously purchased from us.
2. to invite you to re-join our services should you cancel services we have previously provided to you.

You may stop receiving these communications at any time by contacting us.

12.2 We will only give your personal information to third parties where the law either requires or allows us to do so

12.3 From time to time we may take photographs or make images of the areas of your property that we are working on. This media will only ever be used for training purposes, for promotional purposes or for the purpose of recording conditions or progress of issues we are managing. We will always ensure that your personal details are protected, and your property is not identifiable from these images alone.

13. General terms of service

13.1 Waste Removal – we are a licensed waste removal company however we do not remove any garden waste from your property unless we have specifically agreed, in writing, to do so.

13.2 Items in your garden – upon arrival at your property, we assume that the garden is in the condition in which you would like it prior to commencement of our services. The following conditions may mean that we are unable to carry out services:

1. Leaf Litter – any leaf fall must be cleared prior to our visits. If a minimal amount of leaf cover is present, our employee may blow the leaves into the closest non managed area (hard standing, flowerbed etc) free of charge if they have time in their schedule to do so. If the area has a significant amount of leaves, and our employee has time to do so, they may blow the leaves from the area to be treated. We reserve the right to charge for this service without your prior consent as we have notified you in advance of our service date to give you adequate time to arrange the removal of obstructions such as leaves. If they do not have time, they will cancel the treatment and you will be charged 50% of the service price to cover incurred losses. The treatment will then be rescheduled at full price.
2. Dog Faeces – any dog faeces must be cleared prior to our visits. If there are more than 3 faeces per 100m2 then we reserve the right to cancel the treatment which will result in a charge for 50% of the treatment price. The treatment will then be rescheduled at full price.

• Furniture/toys/recreational items – these items must be cleared from the areas to be treated/serviced prior to our visit. Should any treatment areas be inaccessible due to items left out, our employee will treat the area around them and 100% of the service charge will still be applied. We will not accept any liability for damage to items left in the area in which we are working – this includes staining for sprayed products. If the items left out restrict access to the areas to be treated/serviced, the visit will be rescheduled, and you will be charged 50% of the service price to cover incurred losses.

1. Access – The company provides advance notice of visits, and it is your responsibility to ensure access is provided to the garden for our employee and any equipment required to carry out the service.
2. Disclaimer

14.1 We cannot be held responsible for any circumstances beyond our control which may affect services or the client’s property. These circumstances include but are not limited to:

1. The effect of Acts of God on the client’s property
2. The effect of weather on the client’s property

• Insect/animal damage to the client’s property

1. Plant disease
2. Weeds or weed grasses in lawns, paths patios or driveways
3. Any damage caused by the client or another contractor. For example, misapplication of DIY products, damage caused by a mower or other machinery, insufficient watering, etc.

• Any lack of results of the service caused by the client failing to follow our advice and guidance. For example, poor seed germination/treatment results due to the client not watering sufficiently or mowing the area too soon after the service
• Any new weed or moss growth after the date of a treatment application. The products used target existing weeds and moss only.

15. Other important terms

15.1 We may transfer our rights and obligations under these terms to another organisation.

15.2 You may only transfer your rights or your obligations under these terms to another person with our written consent.

15.3 This agreement is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.

15.6 These terms are governed by English law, and you can bring legal proceedings in respect of the services in the English courts.