Terms of Use

About Xakriondchalvorn

Xakriondchalvorn is a provider of professional garden care services operating in Birmingham and across the United Kingdom. We specialise in shrub trimming, tree shaping, hedge cutting and general garden maintenance. Our service offerings include the Shrub Trim Package (suitable for small to medium gardens), the Tree Shaping Session (for one or two trees), and Full Garden Care (combining shrubs, hedges and trees in one visit), as well as tailored arrangements agreed with you on a case-by-case basis. We operate from 27 St Peters Cl, Birmingham B28 0EF, United Kingdom. Our contact details, including telephone number and email, are published on the Contact page of our Website. References in these Terms to “we”, “us” or “our” are to Xakriondchalvorn; references to “you” or “your” are to the person or entity using the Website or engaging our Services.

Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use our Website or to book our Services. By using the Website or our Services, you represent and warrant that you meet these requirements. If you are booking on behalf of a property owner or another party, you represent that you have the authority to do so and that the property owner or other party has agreed to these Terms and to our performance of the Services at the relevant property.

Use of the Website

We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Website for your personal, non-commercial use in accordance with these Terms. You may use the Website only for lawful purposes and in a way that does not infringe the rights of others or restrict or inhibit their use of the Website.

You must not use the Website in any way that is unlawful, fraudulent, harmful, threatening, abusive, harassing, defamatory, obscene or otherwise objectionable. You must not use the Website to transmit any virus, malware or other harmful code, or to attempt to gain unauthorised access to any part of the Website, our systems, networks or data, or to the systems or data of any third party. You must not use automated means (such as bots or scrapers) to access or collect data from the Website without our prior written consent. You must not frame or mirror the Website or any part of it without our written permission.

You are responsible for all information you provide to us (including via the contact form, email or telephone). You must ensure that such information is accurate, current and complete, and that you have the right to provide it. We reserve the right to suspend or terminate your access to the Website or to refuse to provide Services if we reasonably believe that you have breached these Terms or that your use of the Website or our Services is harmful or inappropriate.

Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, photographs, illustrations, audio, video, software, layout, design and the selection and arrangement thereof, is the property of Xakriondchalvorn or our licensors and is protected by United Kingdom and international copyright, trade mark and other intellectual property laws. The name “Xakriondchalvorn” and any logos or marks used on the Website are our trade marks or those of our licensors.

You may view and print a reasonable number of copies of pages from the Website for your personal, non-commercial use only, provided that you do not remove or alter any copyright, trade mark or other proprietary notices. You must not otherwise reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any content from the Website, except with our prior written consent. Any unauthorised use of the content or the Website may violate intellectual property laws and other applicable laws and could result in legal action.

Services Generally

Our Services consist of labour and expertise in the field of shrub trimming, tree shaping, hedge cutting and related garden care. The descriptions of our Services on the Website (including the Shrub Trim Package, Tree Shaping Session and Full Garden Care) are for general information and marketing purposes only. They do not constitute an offer to provide Services on specific terms. The exact scope of work, the timing of visits, the price and any other material terms will be agreed with you before we carry out any work, typically by way of a written or emailed quote which you accept, or by other clear written or oral agreement. Nothing on the Website shall be construed as a contract until we have confirmed a booking with you on mutually agreed terms.

Enquiries and Quotes

When you submit an enquiry (via the contact form, email or telephone), we will use the information you provide to respond and, where appropriate, to prepare a quote for our Services. A quote is an invitation to you to accept our offer to provide Services on the terms set out in the quote. A quote may be valid for a limited period (which we will specify); if you wish to proceed after that period, we may need to issue a revised quote. We are not obliged to accept any request for Services and may decline to provide a quote or to perform work at our discretion (for example, if the work is outside our area, scope or expertise, or if we are unable to accommodate the requested timing).

Bookings and Contract Formation

A binding contract for our Services is formed when you accept our quote (or we otherwise agree terms with you) and we confirm the booking (for example, by email or other written confirmation). By confirming a booking, you agree to these Terms and to our Return Policy (which applies to cancellations and refunds). You must provide us with accurate details of the property where work is to be carried out, including the full address, access arrangements and any relevant information about the garden (e.g. type and number of shrubs or trees, presence of pets, underground services or other hazards). You must ensure that our team has safe and unobstructed access to the relevant areas on the agreed date(s). If you fail to provide access or if the conditions at the property differ materially from what you have described, we may be unable to perform the Services and may charge you in accordance with our Return Policy or these Terms.

Prices and Payment

All prices quoted and displayed on the Website are in pounds sterling (GBP) and are inclusive of VAT only where we have stated that VAT is included. Prices shown on the Website (such as “From £85”, “From £180”, “From £250”) are indicative starting prices; the final price for your job will depend on the size, complexity and location of the work and will be set out in your quote. We may require a deposit (typically for larger jobs or where we have agreed specific payment terms) at the time of booking. The balance is typically due on or after completion of the work, unless we have agreed otherwise in writing.

You must pay all sums due in full and on time. If you fail to pay, we may suspend further work, charge interest on overdue amounts at a rate permitted by law, and take steps to recover the debt (including through legal action or the use of debt collection agencies). You remain liable for all reasonable costs incurred in recovering unpaid amounts.

Cancellation and Postponement

If you wish to cancel or postpone a booked visit, you must notify us as soon as possible. Our Return Policy (available on our Website) sets out in detail the circumstances in which we will refund deposits, waive cancellation charges or offer to rearrange visits. In summary: cancellations with sufficient notice (typically more than 48 hours before the visit) may entitle you to a full refund of any deposit; cancellations with less notice may result in us retaining a reasonable sum to cover our costs. We may cancel or postpone a visit due to factors such as adverse weather, illness, safety concerns or your failure to provide access or accurate information. Where we cancel, we will endeavour to give you notice and to offer an alternative date or a refund as set out in our Return Policy. Please read the Return Policy in full before booking.

Your Responsibilities and Cooperation

You are responsible for ensuring that the property and the areas where we are to work are safe and accessible. You must inform us of any hazards (including but not limited to underground pipes, cables or drains, fragile or valuable plants, and the presence of pets) and you must secure or restrain pets as necessary to ensure the safety of our team and the public. You must not request or permit us to carry out work that would breach any applicable law, byelaw, tree preservation order or other legal restriction. If we reasonably believe that requested work would be unlawful or unsafe, we may refuse to perform it.

We will carry out our Services with reasonable skill and care. We are not responsible for damage to plants, property or other loss that arises from conditions you did not disclose to us, from factors beyond our reasonable control (including weather, pest or plant health issues, or the pre-existing condition of plants), or from your failure to follow any aftercare advice we have given. We do not provide advice that would require specialist qualifications (for example, formal arboricultural or legal advice); any general guidance we give is for information only and does not replace professional advice where appropriate.

Limitation of Liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

Subject to the foregoing, we shall not be liable to you for any indirect, consequential, special or punitive loss or damage, including but not limited to loss of profits, loss of business, loss of data, loss of goodwill or loss of anticipated savings, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, even if we have been advised of the possibility of such loss.

Our total liability to you for any loss or damage arising out of or in connection with the Services or your use of the Website shall not exceed the amount you have paid to us for the relevant Services in the twelve (12) months preceding the event giving rise to the claim. Where you have not paid for Services (for example, in respect of use of the Website only), our liability shall be limited to the maximum extent permitted by law.

You acknowledge that the Website is provided “as is” and that we do not warrant that the Website will be uninterrupted, error-free or free of viruses or other harmful components. We do not guarantee the accuracy or completeness of any content on the Website. Your use of the Website is at your own risk.

Indemnity

You agree to indemnify, defend and hold harmless Xakriondchalvorn and our officers, employees and agents from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with your use of the Website, your breach of these Terms, your violation of any law or the rights of a third party, or any act or omission by you or anyone acting on your behalf in connection with the Services or the property where the Services are performed.

Third-Party Links and Content

The Website may contain links to third-party websites or services (for example, mapping services). Such links are provided for your convenience only. We do not control and are not responsible for the content, privacy practices or availability of third-party sites. The inclusion of a link does not imply our endorsement of the linked site or any association with its operators. Your use of third-party sites is at your own risk and subject to the terms and policies of those sites. We encourage you to read the terms and privacy policies of any third-party site you visit.

Privacy and Data Protection

Your use of the Website and our Services is also governed by our Privacy Policy and our Cookies policy. By using the Website and providing information to us (including via the contact form), you consent to the collection, use and disclosure of your personal data as described in the Privacy Policy. We process personal data in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018. For full details of how we handle your data, please see our Privacy Policy and Cookies policy.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms or in providing the Services where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, civil unrest, pandemic, government action, embargo, strike, lockout, failure of third-party suppliers, or severe weather conditions that make it unsafe or impracticable to perform shrub trimming or tree work. In such circumstances, we will use reasonable endeavours to notify you and to reschedule or otherwise mitigate the impact, in accordance with our Return Policy where applicable.

Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the remaining provisions of these Terms, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ intentions, or if that is not possible, severed from these Terms.

Waiver

No failure or delay by us in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any further exercise of that right or remedy. Any waiver must be in writing and signed by us to be effective.

Entire Agreement

These Terms, together with our Privacy Policy, Cookies policy and Return Policy, and any quote or booking confirmation we send you, constitute the entire agreement between you and Xakriondchalvorn relating to the Website and the Services and supersede any prior agreements, understandings or arrangements (whether written or oral) relating to the same subject matter. Nothing in these Terms is intended to confer any benefit on any third party, and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.

Changes to These Terms

We may revise these Terms from time to time. The current version will always be posted on this page with an updated date. Changes may reflect updates to our Services, legal or regulatory requirements, or other business needs. If we make material changes that affect your rights or obligations, we will take reasonable steps to bring them to your attention (for example, by a notice on the Website or by email where we have your contact details). Your continued use of the Website or our Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website and our Services. We recommend that you review this page periodically.

Governing Law and Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or the Website or the Services shall be governed by and construed in accordance with the laws of England and Wales. You and we irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any such dispute or claim, save that we may bring proceedings against you in any other jurisdiction where you are resident or where you have assets.

Contact Us

If you have any questions about these Terms, or if you wish to contact us for any reason, please use the details on our Contact page. Our address is 27 St Peters Cl, Birmingham B28 0EF, United Kingdom. We will endeavour to respond to your enquiry as soon as reasonably practicable.

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