Terms and Conditions

1. Definitions:

• "Client" refers to any individual, business, or entity that engages the services of Barnes and Bloom.

• "Barnes and Bloom" (or "we," "us," "our") refers to Barnes and Bloom Pty Ltd, ABN: 20685095096

• "Service(s)" refers to any garden maintenance or landscaping work provided by Barnes and Bloom as agreed upon with the Client.

• "Agreement" refers to the contract formed between the Client and Barnes and Bloom for the provision of Services, which includes these Terms and Conditions and any written quotes or other agreed-upon documentation.

• "Property" refers to the Client's premises where the Services are to be performed.

• "Quotation" (or "Quote") refers to the written or emailed estimate of costs provided by Barnes and Bloom for the Services.

2. Services Provided:

Barnes and Bloom offers a range of garden maintenance and landscaping services, including but not limited to: lawn mowing, edging, pruning, weeding, mulching, planting, soil amending, dug edging, garden design, and garden clean-ups. The specific Services to be provided will be outlined in the Quotation or other written agreement.

3. Agreement Formation:

A binding Agreement between the Client and Barnes and Bloom is formed upon the Client's written or emailed acceptance of a Quotation provided by Barnes and Bloom, or through other mutually agreed-upon written confirmation of the Services. Quotations are valid for 30 days from the date of issue.

4. Client Responsibilities:

The Client shall:

• Provide Barnes and Bloom with safe and unobstructed access to the Property at the agreed-upon times.

• Ensure the work environment is safe for our personnel, including informing us of any known hazards (e.g., buried cables, dangerous structures, aggressive animals).

• Secure any pets or other animals on the Property to ensure the safety of our personnel.

• Provide accurate information about their garden and any specific requirements or concerns prior to the commencement of Services.

• Ensure that water and electricity are available on the Property if required for the performance of the Services, unless otherwise agreed.

5. Barnes and Bloom Responsibilities:

Barnes and Bloom will provide the Services with reasonable skill and care, in accordance with the terms of the Agreement. We will endeavor to adhere to agreed-upon schedules, but these are estimates and may be subject to change due to unforeseen circumstances.

6. Pricing and Payment:

• All prices for Services will be outlined in the Quotation. Unless otherwise stated, prices are inclusive of GST.

• Payment for garden maintenance services is due upon completion of the Service and payable within seven (7) days of the invoice date via bank transfer or card payment. Cash payments are not accepted.

• For landscaping projects, a non-refundable upfront deposit of twenty percent (20%) of the total quoted price is required prior to the commencement of work. The remaining eighty percent (80%) is due in payments throughout the project and upon completion of the landscaping project, as outlined in the formal quote, via bank transfer or card payment, payable within seven (14) days of the invoice date.

• Late Payment Fee: A late payment fee of [Suggest: 1.5% per month or part thereof on the outstanding balance, or a fixed fee of $[e.g., 20] per overdue invoice] may be applied to invoices not paid within the agreed-upon timeframe.

• Barnes and Bloom reserves the right to suspend or terminate Services for non-payment of invoices.

• Card payments may incur a surcharge to cover processing fees, which will be communicated to the Client at the time of payment.

7. Access to Property:

The Client grants Barnes and Bloom permission to enter the Property at the agreed-upon times for the purpose of providing the Services. It is the Client's responsibility to ensure that access is available.

8. Health and Safety:

Barnes and Bloom is committed to providing a safe working environment. Our personnel will adhere to safe work practices. The Client is responsible for ensuring the Property is safe and free from hazards. If our personnel deem the work environment unsafe, we reserve the right to cease work until the issue is resolved.

9. Changes and Amendments:

Any changes to the agreed-upon Services or these Terms and Conditions must be agreed upon in writing (including email) by both the Client and Barnes and Bloom. Additional charges may apply for changes to the original scope of work.

10. Cancellation and Termination:

• Cancellation by Client: The Client must provide at least twenty-four (24) hours' notice for cancellation or rescheduling of any scheduled Service. Failure to provide the required notice may result in a cancellation fee of fifty percent (50%) of the quoted service price.

• Cancellation by Barnes and Bloom: Barnes and Bloom reserves the right to cancel or reschedule Services due to unforeseen circumstances such as severe weather conditions, illness of personnel, or other events beyond our reasonable control. We will endeavor to provide the Client with reasonable notice in such cases.

• Either party may terminate the Agreement if the other party breaches a material term of the Agreement and fails to remedy the breach within a reasonable timeframe after receiving written notice.

11. Liability and Indemnity:

To the extent permitted by law:

• Barnes and Bloom's liability for any loss or damage arising from the provision of the Services shall be limited to the value of the Services provided.

• Barnes and Bloom shall not be liable for any indirect, consequential, or economic loss or damage.

• The Client shall indemnify and hold harmless Barnes and Bloom, its employees, and agents from and against any claims, actions, demands, losses, damages, liabilities, costs, and expenses (including legal fees) arising out of or in connection with: (a) the Client's breach of these Terms and Conditions; (b) any unsafe conditions on the Property that were not disclosed to Barnes and Bloom; or (c) any damage caused by the Client or their agents to Barnes and Bloom's equipment.

Barnes and Bloom holds public liability insurance up to ten million dollars ($10,000,000 AUD).

12. Intellectual Property:

Barnes and Bloom retains all intellectual property rights in any designs, plans, or other creative works produced as part of the Services, unless otherwise agreed in writing. The Client has a license to use these designs for the specific project for which they were created and paid for.

13. Governing Law and Jurisdiction:

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria.

14. Entire Agreement:

These Terms and Conditions, together with any written Quotation or other mutually agreed-upon written documentation, constitute the entire agreement between the Client and Barnes and Bloom concerning the provision of the Services and supersede all prior discussions and agreements.