Terms & Conditions TheNewGardening
1. RECITALS
1.1 The New Gardening Services is a reputable and experienced gardening service provider.
1.2 The Client intends to formalise a contractual arrangement with The New Gardening for gardening services.
1.3 The parties have agreed that The New Gardening Services will provide the Services, subject to the terms and conditions of this Agreement.
2. SERVICE
2.1 Services: The New Gardening Services will provide services to the Client as described in documents such as the Contract, Support Agreement, Proposal, Quote, Detailed Design, Statement of Work, or Scope of Work (hereafter referred to as “the SOW”). Specific services requested by the Client will be detailed in the SOW, which becomes a part of this Agreement.
2.2 The New Gardening Services agrees to deliver the Services specified in the SOW to the Client under the terms and conditions of this Agreement.
2.3 The New Gardening Services will adhere to the Client’s policies during the Agreement’s Term. Any deviations from these policies, required to address urgent issues, will only occur with prior written approval from the Primary Client Contact named in the SOW.
3. EXCLUSIONS
3.1 Services do not include:
Repair of garden equipment components (except coordination with the vendor/supplier).
Repair of third-party failures (except coordination with the vendor/supplier).
3.2 The New Gardening Services reserves the right to exclude from its Service:
4. BUSINESS HOURS
4.1 Standard Business Hours are from 7:00 am to 7:00 pm, excluding federal or state-recognised public holidays in Western Australia.
5. STANDARD SERVICE FEE
5.1 From the Date of Agreement, the Client agrees to pay the Service Fees for the specified Services outlined in the SOW, in accordance with the terms stated in the SOW.
6. INCURRED EXPENSES
6.1 The New Gardening Services will bill the Client for all reasonable expenses incurred while providing services. Travel and accommodation costs for overseas or regional travel will be provided by the Client.
7. The New Gardening Services TO PAY ALL TAXES, CHARGES AND LEVIES
7.1 The New Gardening Services is responsible for paying all taxes, levies, and charges imposed on its personnel or persons engaged by The New Gardening Services. This includes taxes imposed on fees paid to The New Gardening Services personnel, as well as any taxes related to the services or this agreement. The New Gardening Services will also file any required returns or documents as needed.
8. SUPPLY OF GOODS
8.1 If requested by the Client to provide goods as part of the SOW, The New Gardening Services will make reasonable efforts to secure these Goods at the best available price or lease/rental terms. A separate SOW will specify the price and terms of sale, which the Client must accept.
9. ACCESS TO CUSTOMER PREMISES AND FACILITIES
9.1 The Client will provide The New Gardening Services with access to its premises, equipment, documentation, and licences as needed to fulfil its obligations under this Agreement. If access is temporarily denied, The New Gardening Services will be granted an extension of time to complete affected obligations.
10. CUSTOMER RESPONSIBILITY
10.1 The Client will designate a contact person to facilitate communication and provide access to premises and gardens as required during the Agreement’s Term.
11. The New Gardening Services’S OBLIGATIONS
11.1 The New Gardening Services commits to providing services with professionalism, care, and competence. The New Gardening Services will act in good faith, adhere to relevant laws and regulations, and ensure the safety, security, and quality of services. Only qualified personnel will be used.
12. INSURANCE
12.1 The New Gardening Services will maintain required insurance coverage, and the Client is responsible for insuring its equipment accessed by The New Gardening Services personnel. The New Gardening Services will provide proof of insurance upon request.
13. CONFIDENTIAL INFORMATION
13.1 The Client may share confidential information with The New Gardening Services. The New Gardening Services is authorised to use this information solely for this purpose and will keep it confidential. The Client agrees to return the information as specified.
14. ENTIRE AGREEMENT
14.1 This Agreement, along with any schedules, attachments, and appendices, constitutes the entire agreement between the parties, supplanting all prior agreements, arrangements, or understandings.
15. AMENDMENTS TO AGREEMENT
15.1 No amendments will have any effect unless made in writing and signed by both parties.
16. NO WAIVERS
16.1 No waiver of any provision of this agreement is effective unless in writing and signed by both parties. Waivers are specific to individual instances.
17. NO ASSIGNMENT
17.1 Neither party can assign its rights or obligations under this agreement without the written consent of both parties.
18. NOTICES
18.1 Notices, invoices, and documents will be provided in writing and sent to the respective party’s postal address, as specified in the agreement.
19. CONFLICT OF INTEREST
19.1 The New Gardening Services will promptly inform the client if any actual or potential conflict of interest arises during the agreement’s Term.
