The Terms and Conditions.

We are Scarlet Oak Garden Design & Build, doing business as Scarlet Oak Landscapes ('Company', 'we', 'us', or 'our'), a sole trade company registered in the United Kingdom.

Our terms and conditions are for both the client and us. We create a mutual agreement on value, good communication, price transparency and fairness for clients, suppliers, and within Scarlet Oak Garden Design & Build.

The website scarletoakgardendesign.co.uk (“Site”) is published and operated by Scarlet Oak Landscapes.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Scarlet Oak Landscapes and Scarlet Oak Garden Design & Build, concerning your access to and use of the Services. You agree that by accessing the digital and physical Services of Scarlet Oak Garden Design & Build, you have read, understood, and agreed to be bound by all of these Legal Terms. You will discontinue the use of this Site if you do not agree.

We will provide you with prior notice of any scheduled changes to the Services you are using. Changes to Legal Terms will become effective fourteen (14) days after the notice is given, except if the changes apply to new functionality, security updates, and bug fixes, in which case the changes will be effective immediately. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

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PLEASE NOTE

The terms and conditions override any other terms contained in any other verbal or written communication between us.

Design & Build

a) Scarlet Oak Garden Design & Build will provide design and build services; producing estimation, drawings, sketches and other design documents with specifications (if required). Estimations and invoices are produced and all projects are broken in to phases. They will display their individual deposits which must be paid before work begins.

b) We will maintain standards expected of a luxury garden designer in carrying out the design and build services. This means in good time where we maintain clear communication if the following are needed / may occur: adjusted deadlines to accommodate unforeseen weather, delays in supplies and seeking third-party approval e.g. from local councils or conservation teams. With reasonable care, we will adhere to the written deadline as the ultimate goal. Accuracy of figures, sizes and volumes set out in the estimation and invoice will be set out on the relevant document in each case.

c) We will ensure the highest quality of materials are used for hard and soft landscaping including the supply of plants, and slabbing etc. While we are not responsible for the terms and conditions of third party suppliers, we have formed good rapport with them to ensure fairness, understanding on duties, rectifying poor quality materials, and clients expectations on their property if working or delivering supplies.

d) Scarlet Oak Garden Design & Build are not responsible for any work undertaken by third parties such as surveyors, tree surgeons, or conservation specialists.

e) If you need Scarlet Oak Garden Design & Build to carry out any services beyond the scope or to a level higher than set out in this contract, these will be the subject of a separate agreement and fee with your consent.

Maintenance Packages

a) Scarlet Oak Garden Design & Build will provide estimations and invoices for required work. Maintenance can be weekly, monthly or for the day with an hourly charge of £40 if a package is not suitable for the client.

By placing an order on our Site, you are accepting to purchase a Service subject to the following terms and conditions of Scarlet Oak Garden Design & Build. Please read them carefully, together with our Privacy Policy. Our terms and conditions and Privacy Policy may be updated at any given time. Also note that invoices, estimations and bank statements may state ‘Scarlet Oak Landscapes’.

b) All prices as displayed on the Site and on other materials originating from Scarlet Oak Garden Design & Build are for orders within the United Kingdom (“UK”) and include VAT and any other taxes and levies imposed by the government, unless stated otherwise on the Site. If the rate of VAT changes between the Customer’s order date and the date perform the Service, we will adjust the rate of VAT that the Customer pays, unless the Customer has already paid for the Service in full before the change in the rate of VAT takes effect.

c) While we take great care to ensure that the content of the Site is accurate and up to date, we cannot guarantee that all information on the Site is displayed correctly and/or is complete at all times. All prices and other information displayed on the Site and on other materials originating from Scarlet Oak Garden Design & Build may include typographical and/or programming errors. We are not liable for such typographical and/ or programming errors and reserve the right to correct such errors at all times. If we accept and process the Customer’s order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Customer as a mispricing, we may end the Agreement, refund any sums paid.

d) While we offer payment flexibility through Klarna (this allows the customer to divide the costs of their maintenance package on our Site by 3 monthly payments), we are not affiliated with Klarna and their terms and conditions as well as privacy policy should be read separately via this link https://www.klarna.com/uk/terms-and-conditions/. We are not responsible for any changes Klarna may present in payment options, late payment fees, or interest incurred from a lack of payment. Customers should consider their financial management at all stages including our Design & Build work before accepting our agreement.

e) We reserve the sole right to make changes to the pricing and availability of the Services at any time without further notice. This will not affect any Agreements which have already been concluded between the Customer and Scarlet Oak Garden Design & Build.

f) We may change the Service at any time and without further notice (i) to reflect any changes in relevant laws and regulatory requirements; and (ii) to implement minor technical adjustments and improvements; (iii) to note the physical capability of Daniel during his period of work. These changes will not affect the Customer’s ability to enquire about Maintenance Packages.

You also understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services i.e. contact form submission under ‘Book Your Consultation’, through purchasing a Maintenance package on the attached form on our online store, or via email on danieljamesbland@gmail.com.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

  • confirm that you have read and agree with our 'terms and conditions' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;

  • warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and

  • warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

g) We may suspend, cancel or change the Services at any time and without further notice. The Services are only provided to customers in the UK. More specifically within Kent or London.

h) Changes or cancellations to an appointment for your Maintenance Package is required up to forty eight (48) hours prior to the appointment. In the event a Customer fails to timely cancel, change or be available for the Maintenance Package, the Customer will not receive a refund of the costs of the service that is booked on our online store. This includes cancellations on the day. This does not apply to payments that are to take place at the job site. Failure to timely cancel, change or attend an appointment via online booking on multiple occasions may result in refusal to participate in the Services offered by Scarlet Oak Garden Design & Build.

i) If the Customer does not attend the appointment for the Service of Maintenance within the first twenty (20) minutes to allow us access or to begin our work, then we are under no obligation to go ahead with the appointment and may cancel it at our sole discretion, without any obligation to reschedule or refund the online booking of the Maintenance Package to the Customer. We will make all attempts to contact the customer via the chosen method of communication or through physical presence on the property.

j) Scarlet Oak Garden Design & Build retains the right to cancel, change the date and time of or amend an appointment for a Maintenance Package at any time with a good reason to do so. Including ‘Force Majeure’ and extreme weather where it would be dangerous to operate machinery or may cause harm to our physical wellbeing. In the event that Scarlet Oak Garden Design & Build cancels or changes an appointment, the Customer will have the option to either change or cancel the appointment at the time of notification.

k) Prior to the Maintenance, the Customer will be asked to complete the ‘priorities of the garden’ form attached to their order to assist the Customer with a more tailored service. This allows us to accommodate the time needed to bring the appropriate equipment for Maintenance and the clearing required at the job site. It ensures we remain efficient and timely for the day you have paid for. Any personal data provided will be treated in accordance with our Privacy Policy.

l) The Online Purchase Agreement will be deemed to be concluded at such moment that the Customer accepts the offer of Scarlet Oak Garden Design & Build by clicking the “Payment” button on the checkout page of the Site, which is subject to our Terms and Conditions.

m) After the Customer has accepted the offer by electronic means, we will confirm receipt of acceptance of the offer with an automatic response form, as well as calling the customer directly after being notified of a Maintenance Package job request.

n) If it is found that, in accepting or otherwise entering into the Agreement, the Customer has provided incorrect data, we will have the right to suspend our obligations until the correct data has been received from the Customer.

o) We expressly reserve the right to reject a Customer’s order and will provide appropriate reasons.

p) In the event Scarlet Oak Landscapes and Scarlet Oak Garden Design & Build suspects any fraudulent activity, including but not limited to providing false information, unauthorized use of payment methods or other actions which intend to disrupt, abuse, exploit or deceive our services, Scarlet Oak Landscapes and Scarlet Oak Garden Design & Build reserves the right, at its sole discretion, to: (i) Block access to the Site and the Services of Scarlet Oak Garden Design & Build.; (ii) Cancel any orders or transactions related to fraudulent activity; and (iii) Prevent placement of any future orders on the Site.

q) As soon as we have received a Customer’s order on our online order system and email and has confirmed its acceptance, we will make direct contact with the Customer using the contact options provided in their form—we will adhere to our Privacy Policy when making contact. We will confirm a suitable date that works for both parties if the preferred date given cannot be fulfilled.

r) Scarlet Oak Garden Design & Build is authorised to engage third parties in the fulfilment of its obligations under the Agreement, this may include requesting highly trained specialists who could be needed for Maintenance to happen. The prices of Maintenance will be re-estimated if it is found more work is required beyond our scope. A new date for work to be fulfilled will be given.

s) If we are unable to deliver the Maintenance Package or Service within thirty (30) days after the confirmation of acceptance of the order online or over verbal agreement, we will notify the Customer accordingly. In such event, the Customer has the right to either agree to a new date or to cancel the Agreement without incurring any costs, and the Customer will receive a refund for any Services paid for but not received.

t) The Customer has the right to query the Services fulfilled and receive improvements within fourteen (14) days after the Service has been delivered for the Customer.

u) The Customer must inform Scarlet Oak Garden & Build of its wish to cancel the Maintenance Package bought on our online store by sending an e-mail to danieljamesbland@gmail.com, or in any other unambiguous way within two (2) days of the organised Maintenance day is confirmed after direct contact with the Customer. This notification must include the following information: order number, name, phone number, e-mail address and home address. After receipt of the notification, Scarlet Oak Garden Design & Build will issue a refund to the Customer. A refund notification will be sent to the customers corresponding email address. It may take up to 14 business days for a refund to be received by your chosen bank. The email notification sent to the customer may state ‘Order Fulfilled’ —this is also in reference to refunds completed as well as the initially required Maintenance Package.

v) The Customer shall pay the amounts due to Scarlet Oak Garden Design & Build in accordance with the ordering process and through the payment method selected on the Site. Scarlet Oak Garden Design & Build is free to offer any payment method of its choice and may change these payment methods at any time.

We accept the following forms of payment:

-  Visa

-  Mastercard

-  American Express

-  Discover

- Klarna

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. VAT will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in GBP.

You authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

w) Any refunds will be provided by the method used by the Customer for payment, unless agreed otherwise.

x) If the delivered Maintenance fails to comply with the quality of the Customer, the Customer must notify Scarlet Oak Garden Design & Build thereof in writing (which includes e-mail) within a reasonable period of time, where a notification within one (1) week after the Customer has discovered the defect will be considered reasonable. Such notification must contain a description of the defect in as much detail as possible, in order to enable Scarlet Oak Garden Design & Build to provide an adequate response and/or take adequate action.

y) If a Maintenance service fails to comply with the Agreement and the Customer has correctly notified Scarlet Oak Garden Design & Build in writing within a reasonable period of time of one week, the concerned issue will be repaired and rectified as may be agreed with the Customer. We will not refund the day of Maintenance this service took place on.

Complaints

a) If the Customer has any complaints in connection with a Maintenance Service, Garden Design & Build or regarding any other aspects of the Site or service of Scarlet Oak Garden Design & Build, it can submit a complaint by email.

b) We will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint. If we are unable to formulate a substantive response to the complaint within such period, we will confirm receipt of the complaint within seven (7) days after receipt of the complaint and give an indication of the term within which we expect to be able to give a substantive or definitive response to the Customer.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Canterbury, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Liability

a) Scarlet Oak Garden Design & Build does not limit or exclude in any way its liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation or for breach of the Customer’s legal rights in relation to the Maintenance Services or Garden Design & Build. We are not responsible for the third party products used, including their durability or condition under the Consumer Law in the UK.

b)The total liability of Scarlet Oak Garden Design & Build in respect of the Customer due to our failure to perform the Agreement is limited to an amount equal to the price paid in our Written Agreement for the Design & Build or Maintenance Package or individual service carried out.

c) Subject to the extent permitted by applicable law, Scarlet Oak Garden Design & Build is not liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.

d) Abiding by applicable law, Scarlet Oak Garden Design & Build will only be liable to the Customer on account of an attributable failure in the performance of an Agreement if the Customer issues a written notice of default to Scarlet Oak Garden Design & Build without delay, stipulating a reasonable period of time in which Scarlet Oak Garden Design & Build has the possibility to remedy the default. The notice of default must contain a description of the default in as much detail as possible, in order to enable Scarlet Oak Garden Design & Build to provide an adequate response and/or take adequate action.

e) Any event giving rise to compensation is always subject to the condition that the Customer reports the damage or loss in writing to Scarlet Oak Garden Design & Build as soon as possible after the damage or loss has arisen.

f) If we fail to perform or are delayed in performing any of our obligations under the Agreement due to an event outside of our control (or the control of any third parties engaged by us) then, provided we take steps to minimise the effect of any failure or delay, Scarlet Oak Garden Design & Build is not liable for such failure or delay in the performance of its obligations under the Agreement, the Terms and Conditions or any damage or loss the Customer has incurred. If there is a complete failure or a risk of a substantial delay then you may contact us to end the Agreement and receive a refund for any Services you have paid for but not received.

g) If any fault or defect arises in the Maintenance, Design or Build Services, we shall have the right to remedy such fault where possible by re-supplying the Services.

h) So far as permitted by law, Scarlet Oak Garden Design & Build shall not be liable in contract, (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof:

i) For any loss of profits, business, contracts, revenues or anticipated savings, or

ii) For any special, indirect or consequential damage of any nature whatsoever.

c) Nothing in this contract shall affect your statutory rights as a consumer, nor limit either party’s liability for death or personal injury arising from the proven negligence by themselves, their agents or third party providers. The provisions of this clause will remain in full force and effect after termination of this contract.

Payment

a) Scarlet Oak Garden Design & Build may suspend its obligations until payment has been received in full through BACS or direct transfer. Cash is suitable for smaller jobs where the sum value is less than £200.

b) The fees are payable for the Maintenance or Design & Build Services set out Online in our online store or in the Estimation / Invoice and must be paid within 7 days after the price is agreed. For the Garden Build, deposits are taken and must be paid for before the work begins. The final outstanding bill, after the building and design work has finished, must be paid within 14 days.

b) If you fail to pay an invoice within this 7 or 14-day period, we reserve the right to charge interest at 6% per annum above the base rate of the Bank of England on any fees outstanding after the final date for payment (calculated on a daily basis).

c) We reserve the right to suspend providing Services until any outstanding invoiced fees are settled, whether or not payment is late.

d) If you agree to any services charged at an hourly rate, please confirm our current hourly rates before proceeding. They are currently £40 per hour for Maintenance.

Personal Details

a) Scarlet Oak Garden Design & Build will process the Customer’s personal data in accordance with the Privacy Policy as published on the Site.

Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

  • Use any information obtained from the Services in order to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Services in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorised framing of or linking to the Services.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').

  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

  • Harass, annoy, intimidate, or threaten any of our employees or third party suppliers engaged in providing any portion of the Services to you.

  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Services.

  • Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

  • Sell or otherwise transfer your profile.

Privacy Policy

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.

User Generated Contributions

The Services does not offer users to submit or post content. We may however, use our own photos and videos of (with your consent) to promote our services on our Site, Google Ads, or Social Media platforms.

User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Signatures and Contracts

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Contribution Licence

You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

Guidelines For Reviews

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have first hand experience with the person/Services being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.

Other Considerations

a) The Terms and Conditions and the Agreement and any dispute or claim arising out of or in connection with them (including any non-contractual disputes or claims) shall be exclusively governed by and construed in accordance with English law.

b) The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out or in connection with the Terms and Conditions and the Agreement or its subject matter or formation, including non-contractual disputes or claims.

c) In the event that any of the Services or information contained in the Terms and Conditions are invalid or unenforceable, then the remaining Services shall take place when invalid Services were not fulfilled; and such invalid or unenforceable Services will then be improved as closely as possible, so the intention of Scarlet Oak Garden Design & Build can meet the expectations of the original Service.

d) In the event of any conflict or inconsistency between the Services in these Terms and Conditions and the Agreement, the provisions of the Agreement will prevail.

e) These Terms and Conditions are only for those parties involved with our Services.

f) Scarlet Oak Garden Design & Build has the right to update and to make changes to these Terms and Conditions at any time. It is the Customer’s responsibility to check these Terms and Conditions from time to time to ensure that the Customer is aware of any changes which have been made. We will notify Customers if changes to these Terms and Conditions are significant and/or have an adverse effect on Customer’s rights and obligations under the Agreement. In case of significant or adverse changes, the Customer will have the right to end the Agreement before the changes take effect and receive a refund for any Services paid for but not received.

Your obligations

a) You will provide Scarlet Oak Garden Design & Build with necessary information to perform the Maintenance, Design or Build Services in good time and allow us reasonable access to both you and the site at agreed times.

b) You will be responsible for making any necessary checks to ascertain any planning permission, tree protection order, restrictive covenants or other legal issues that may affect the site, Maintenance, Design or Building the design. You will inform Scarlet Oak Garden Design & Build of any points you find in good time.

c) You will inform Scarlet Oak Garden Design & Build if there are any third-party rights or other reasons preventing us from including any information you provide to Scarlet Oak Garden Design & Build in written contact.

d) If you become aware of any issues or potential issues with or affecting the design on the Maintenance, Design, or the Build Services, you will notify us in writing as soon as possible to enable us to investigate, rectify or take any other necessary action to minimise the effect of any such issue on either of us.

e) As between us, you will be liable for the accuracy for the information you provide to Scarlet Oak Garden Design & Build.

f) You will not require Scarlet Oak Garden Design & Build to provide advice or any services connected to or in the presence of contamination or pollution by harmful substances. As between us, you will be responsible for determining what investigations and remedial actions need to be carried out and commission such professional third-party advice as is reasonable.

Rights and publicity

a) Scarlet Oak Garden Design & Build are the owners of all intellectual property rights in the Design & Build sketches, documents, our Site and any development or modification of them. Including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws).

b) You will not, nor allow any third party, to use, publish, reproduce, recreate or transfer the Designs, Build or Maintenance for another site or Design company.

c) Unless otherwise agreed in writing, we reserve the right to refer to the work and to reproduce photographs and other illustrations relating to the work for publicity and other marketing purposes.

d) The provisions of this clause will remain in full force and effect after termination of this contract.

e) The media, including photos and videos on this Site and any Social Media platform we use are owned by Scarlet Oak Garden Design & Build and subject to copyright law.

the contract

a) The required Services will start on the date you confirm acceptance of these terms and conditions and the Maintenance or Design agreed upon.

b) Either party may terminate Garden Design & Build services (not Maintenance) at any time by giving the other party at least fourteen (14) days advance written notice. You will not be entitled to any licence to use or benefit from the Design or Build created by Daniel that is not delivered and paid for before receipt of the termination notice.

c) Neither of us will be held in breach of this contract for any failure resulting from any circumstance beyond our reasonable control, including due to COVID or other national emergencies. If national emergencies continue for one week or more, we will discuss possible remedial actions for the period the national emergency exists. If this is not possible, either party may terminate the contract upon written notice to the other without either party sustaining any financial liability, other than to pay all outstanding fees and disbursements.

d) We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

Miscellaneous

a) We will be able to transfer all or any of my rights (but not my obligations) under these terms and conditions.

b) If either of us has a right of action against the other and does not exercise it, this will not prevent that party from taking action on the same or similar points at another time.

c) This contract can only be amended or varied by either of us with the prior written agreement of the other. If I am required to change these terms and conditions for reasons outside my reasonable control, I can do so by giving you fourteen (14) days prior written notice.

d) Written notices and invoices must be delivered:

(1) to the address in the contact form or

(2) by email (if this has been used as a regular means of communication during the design process) to the address in the Estimation. If your email is not given in our contact, it can be delivered to the email address most recently used by you to contact me.

f) The estimation is valid for thirty (30) days. If you choose to accept this estimation, all prices quoted are valid for one (1) month from acceptance. Beyond this date we reserve the right to review our fees and material costs.