Standard Terms and Conditions of Contract for Karl Harrison Landscapes Ltd

These Terms of Use, and any documents referred to herein, set out the terms and conditions on which Karl Harrison Landscapes Ltd and the Client is bound. By using our services, you agree to be bound by, and to comply with, these Terms of Use.

These Terms of Use are effective from 07th September 2019.

Read these Terms of Use carefully. We recommend that you print off a copy of these Terms of Use for your records, they may be updated from time to time.

If you do not agree to these Terms of Use, you must not use our services.

OUR DETAILS

Karl Harrison Landscapes Ltd (we, our and us) operates the website.

Karl Harrison Landscapes Ltd is a limited liability company incorporated in the United Kingdom with company number 12572343.

Our registered address is Brandon House, 90 The Broadway, Chesham, Buckinghamshire, United Kingdom, HP5 1EG

Our VAT registration number is

Our contact telephone number is 07581 193 034 and our email address is karl@karlharrison.design

1.0 DEFINITIONS

1.1 “Client” means the individual who buys or agrees to buy goods or services from the Contractor and

who will be responsible for all payments to the Contractor.

1.2 “Contractor” means (insert your company name, registered number and address here).

1.3 “Contract” means the contract between the Contractor and the Client for the purchase of goods

and services incorporating these Terms.

1.4 “Goods” means the goods and materials supplied by the Contractor.

1.5 “Services” means the landscaping services supplied by the Contractor.

1.6 “Terms” means the terms and conditions set out in this document and any special terms and

conditions agreed in writing by the Contractor.

2.0 CONTRACTS

2.1 Nothing in these Terms shall affect the Client’s statutory rights as a consumer.

2.2 The prices in any estimate or quotation issued by the Contractor shall be valid for 30 days.

2.3 A Contract will be formed when:

2.3.1 the Client accepts the Contractor’s quotation within the period of validity; or

2.3.2 the Client places an order for Goods and/or Services which the Contractor accepts in writing in which case the Client is responsible for ensuring the accuracy of the order and

for checking that the Contractor’s confirmation is correct.

2.4 All Contracts shall be subject to these Terms which shall prevail over any other documentation or

communication from the Client.

2.5 No variation to these Terms shall be binding unless agreed in writing by the Contractor and the

Client.

2.6 Any errors or omissions in any sales literature, estimate, quotation, price list, order confirmation,

invoice or other documentation or information issued by the Contractor can be corrected in consultation with the Client.

3.0 PRICE AND PAYMENT

3.1 The Client agrees to pay the Contractor the price due under the Contract together with any applicable VAT.

3.2 Unless otherwise agreed the Contractor’s invoices are payable on receipt or within 7 days of the date of the invoice and prior to starting the works.

3.3 spare

3.4 If there is any snagging work to be done following practical completion of the work the Client may hold a retention of 5% of the total price (or such other sum as the parties may agree) but, subject to this, the remainder of the total price must be paid in full on practical completion. The retention shall be paid on satisfactory completion of the work on the agreed snagging list.

3.5 If the Client fails to make any payment by the due date the Contractor may:

3.5.1 cease work on the Contract and remove all unused materials from the site; and

3.5.2 charge interest on the overdue amount at the rate of 6.5% per annum above the Bank of England’s base rate.

3.6 For contracts with a value less than £25,000 excluding VAT, a deposit of 50% of the total cost is to be paid on entering the Contract and the Client will make progress payments in accordance with the payment schedule agreed by the parties. For contracts with a value in access of £25,001 excluding vat a payment schedule is to be agreed by contract.

4.0 RISK AND TITLE

4.1 The Goods shall be at the Client’s risk from delivery.

4.2 Title (ownership) in the Goods will not pass to the Client until the Client has paid for them in full.

5.0 CONTRACTOR’S OBLIGATIONS

5.1 The Contractor agrees to use Goods that are suitable for their intended purpose. All Goods delivered to the site become the responsibility of the Client and the Contractor accepts no liability for loss or damage to the Goods after delivery unless directly caused by the Contractor.

5.2 Goods in excess of the Contract requirements remain the property of the Contractor and will be removed from site upon completion of the Contract.

5.3 The Contractor will be responsible for the safe and legal disposal of all rubbish and debris arising from the Services.

5.4 The Contractor will be responsible for the safe storage and positioning of equipment and materials on the site at all times.

5.5 The Contractor will carry out the work in accordance with health and safety regulations and will take all reasonable steps to minimise environmental disturbance, nuisance and pollution.

5.6 The Contractor will carry out and complete the Services in a good and workmanlike manner.

5.7 The Contractor will not accept responsibility for damage to the Client’s premises arising from third parties employed by the Client. The Client will be liable for any damage to the work carried out by the Contractor and any delay to the Contract caused by third parties employed by the Client.

5.8 The Contractor will make arrangements for staff welfare facilities unless otherwise agreed with the Client.

6.0 CLIENT’S OBLIGATIONS

6.1 The Client confirms that the site is free from hazards or obstructions which are not discoverable upon visual inspection of the surface of the site or made known in writing by the Client to the Contractor prior to submission of the Contractor’s estimate or quotation.

6.2 The Contractor cannot be held responsible for any unseen hazards or obstructions and any costs incurred by the Contractor as a result of unforeseen hazards or obstructions will be subject to an additional cost which will be agreed with the Client in advance (unless this forms part of the professional services provided by the Contractor, e.g. tree root investigation).

6.3 If the Client does not agree to any reasonable variation to the Contract made necessary by an unforeseen hazard or obstruction in order to complete the Contract and to satisfy any health and safety requirements, the Contractor will be entitled to discontinue the work with immediate effect and the Client will pay the Contractor for the work carried out and any expenses incurred

by the Contractor.

6.4 The Client must provide reasonable access to mains electricity and water on the site. The cost of providing electricity and water will be borne by the Client.

6.5 The Client will allow the Contractor access to the site within the agreed working hours and throughout the period of the Contract.

6.6 The Client will allow the Contractor their normal working hours 08:00 until 17:00, Monday through to Saturday under normal circumstances.

6.7 The client will bear the cost of labour if they force cessation of any works where the contractor is prohibited from working under the normal working hours or days. Public Holidays are outside the scope of this obligation unless the client requests work to continue during this time.

6.6 The Client is responsible for obtaining any necessary consent for the work to be carried out by the Contractor and for ensuring that the implementation of the work is in accordance with any relevant statutes, regulations or by-laws.

6.7 The Client warrants that he/she is the owner of the site or is authorised by the owner of the site

to enter into the Contract.

7.0 DELAYS

7.1 The Contractor will give the Client an estimate of the duration of the Contract. The Contractor shall not be liable for any delays or failure to perform any of its obligations due to circumstances beyond the Contractor’s reasonable control such as acts of God, strikes, accidents, war, fire, breakdown of plant or machinery, shortage or unavailability of materials from a natural source of supply, adverse weather or adverse or difficult site conditions not reasonably foreseen by the Contractor. In any such circumstances the Client and Contractor will allow a fair and reasonable extension of time.

7.2 If the Client wishes to postpone the start date under the Contract less than 7 days beforehand the Contractor reserves the right to charge the Client a short notice delay fee not exceeding 10% of the price due under the Contract.

8.0 PLANTING MATERIAL

8.1 The Contractor does not accept responsibility for the wellbeing and maintenance of plant material and turf following completion of the Contract although it will provide care notes for the Client to assist with the maintenance of living material. Upon completion of the Contract responsibility for the care and maintenance of all living material is handed over to the Client.

8.2 Maintenance of living material is not included in the Contract unless agreed in writing.

8.3 If plant material specified in the Contract is unavailable the Contractor will suggest suitable

alternatives. The Client has the choice whether to accept the alternative plant material.

9.0 COMPLAINTS

9.1 Any complaint that the Client has arising from the Contract must be reported to the Contractor in writing within 7 days of completion of the Contract or such other period as is reasonable in the circumstances. If not so reported the Client will be liable for the full amount of the Contractor’s invoice.

9.2 The Contractor will properly investigate any complaint in accordance with the complaint procedure recommended by the Association of Professional Landscapers. A copy of this procedure can be obtained from The Association of Professional Landscapers, Horticulture House, 19 High Street, Theale, Reading, Berkshire RG7 5AH.

9.3 If the Contractor’s work is faulty then the Contractor shall re-perform the Services so as to remedy the fault at no extra charge to the Client.

10.0 COPYRIGHT

10.1 Unless otherwise agreed in writing the copyright in all original designs, drawings, specifications,

photographs and written material produced by the Contractor remain the property of the Contractor and the Contractor may use any such material for any promotional or other purposes.

11.0 FORCE MAJEURE

11.1 The Contractor shall not be liable for any delay or failure to perform any of its obligations if the

delay or failure results from events or circumstances beyond the Contractor’s reasonable control, including acts of God, strikes, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of materials from a natural source of supply. In such event the Contractor shall be entitled to a reasonable extension to its obligations.

12.0 TERMINATION

12.1 The Contractor may terminate or suspend the Contract with immediate effect by giving written

notice to the Client if the Client:

12.1.1 commits any continuing or material breach of these Terms and, in the case of such a breach which is capable of remedy, fail to remedy it within 7 days of the Contractor’s written request to do so;

12.1.2 makes any voluntary (or similar) arrangement with his/her creditors, is declared bankrupt or is subject to insolvency proceedings;

12.1.3 fails to pay any amount due under the Contract on the due date.

13.0 GENERAL

13.1 This Contract is governed by the laws of England and any dispute arising under or in connection with it shall be subject to the non-exclusive jurisdiction of the English courts.

13.2 The Contract shall not be enforceable by a person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

13.3 The Client may not assign or transfer the Contract to any third party except with the Contractor’s consent.

13.4 Any notice or other information to be given under these Terms should be sent by first class pre- paid post to the other party or by email (provided it is supported by a valid server delivery receipt). The notice will be treated as been received 2 days after the date of sending.

13.5 No waiver of any breach of these Terms shall be valid unless made in writing and signed on behalf of the Contractor.

13.6 If any provision of the Contract is declared by any judicial or other competent authority to be unenforceable, the remaining provisions of the Contract will remain in full force and effect.

14.0 ACCEPTANCE

14.1 It is important that the Client reads and understands these Terms before signing the Contract

because, subject to clause 15, they will bind the Client once he/she has signed.

15.0 CANCELLATION

15.1 The Consumer (Information, Cancellation and Additional Charges) Regulations 2013 will apply to the Contract unless the Contract was concluded at the Contractor’s business premises.

15.2 The Client may cancel the Contract at any time within 14 days of the date it was entered into (as described in clause 2.3). Information about the Client’s right to cancel and a form of cancellation

notice are provided with these Terms.

15.3 Subject to clause 15.4, where the Client exercises his/her right of cancellation in accordance with clause 15.2 the Contractor will reimburse all payments received from the Client under the Contract.

15.4 If the Client confirms in writing that he/she wants the Contractor to proceed with the Contract before the end of the cooling off period referred to in clause 15.2, the Client must pay any costs and expenses the Contractor has reasonably incurred in doing so up to the date when it receives the notice of cancellation. To the extent that the payments received from the Client exceed such costs and expenses, the Contractor will refund the excess (if any) to the Client.

Website Terms of use

These Terms of Use, and any documents referred to herein, set out the terms and conditions on which you are permitted to use our website, https://www.karlharrison.design (our website). By using our website, you agree to be bound by, and to comply with, these Terms of Use.

These Terms of Use are effective from 07th September 2019.

Read these Terms of Use carefully. We recommend that you print off a copy of these Terms of Use for your records, they may be updated from time to time.

If you do not agree to these Terms of Use, you must not use our website.

  1. OUR DETAILS

1.1 Karl Harrison Landscapes Ltd (we, our and us) operates the website.

1.2 Karl Harrison Landscapes Ltd is a limited liability company incorporated in the United Kingdom with company number 12572343.

Our registered address is Brandon House, 90 The Broadway, Chesham, Buckinghamshire, United Kingdom, HP5 1EG

Our VAT registration number is

1.3 Our contact telephone number is 01494 291 030 and our email address is karl@karlharrison.design

  1. IT IS DEEMED YOUR RESPONSIBILITY FOR OTHERS WHO ACCESS OUR WEBSITE USING YOUR DEVICE OR INTERNET CONNECTION

You must ensure that any persons who access our website on your device, or who are permitted or able to access our website on your device, or who use your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason, persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.

  1. DOCUMENTS GOVERNING YOUR USE OF OUR WEBSITE

3.1 In addition to these Terms of Use, your use of our website is also governed by our privacy policy

3.2 By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your personal information in accordance with our privacy policy.

3.3 If you do not agree to the terms set out in these Terms of Use, or if you do not wish for us to process your personal information in accordance with our privacy policy you must not use our website.

  1. AVAILABILITY OF OUR WEBSITE

4.1 We make no representations and provide no warranties that

(a) the website will be made available at any specific time or from any specific geographical location;

(b) your access to the website will be continuous or uninterrupted; or

(c) the website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.

4.2 We reserve the right to suspend access to all or part of the website for any reason, wherever we anticipate that we need to suspend access to the website for a considerable period of time, we may promulgate details if reasonable and or practicable.

  1. CHANGES WE MAKE TO OUR TERMS OF USE AND OR OTHER DOCUMENTATION

5.1 We reserve the right to update our Terms of Use, our privacy policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason

  1. YOUR ACCOUNT DETAILS

6.1 We do not offer accounts therefore no account information will be held on our website

  1. OWNERSHIP OF MATERIAL ON OUR WEBSITE

7.1 All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

7.2 The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, ‘Third Party Mark(s)’) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.

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  1. INFORMATION AND CONTENT ON OUR WEBSITE PROVIDED ON NON-RELIANCE BASIS

8.1 Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms of Use.

8.2 The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time.

8.3 We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.

  1. PERMITTED USE OF MATERIALS ON OUR WEBSITE

9.1 The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal, private and non-commercial purposes, and you may also make others within your organisation aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.

9.2 Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.

9.3 You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent.

9.4 Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.

  1. PROHIBITED USES OF OUR WEBSITE

10.1 You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms of Use.

10.2 You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

10.3 You must use our website for lawful purposes only and in accordance with these Terms of Use. You must not use our website:

(a) for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;

(b) for any fraudulent purposes, whatsoever;

(c) to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;

(d) to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;

(e) to communicate with, harm or attempt to harm children in any way; or

(f) in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.

10.4 You must not submit to us any personal information about you if you are under the age of 18, or about any other person who is either:

(a) under the age of 18; or

(b) if they are aged 18 or above, where you have not received their prior written consent to submit personal information about them to us.

10.5 You must not submit to us any personal information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.

10.6 If you accidentally or intentionally submit such information to us in contravention of these Terms Of Use, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769) and we will process such information for the purposes of deleting it.

  1. VIRUSES AND OTHER HARMFUL CONTENT

11.1 We do not guarantee that our website does not contain viruses or other malicious software.

11.2 We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.

11.3 You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.

11.4 You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

11.5 You must not use any third parties, software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data.

11.6 You must not attempt to perform any denial of service type attack on our website.

11.7 You must not perform any action which would contravene the Computer Misuse Act 1990.

11.8 We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.

  1. LINKS TO OTHER WEBSITES

12.1 Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.

12.2 Any third party website accessible via a link on our website may collect and process your personal information. We are not responsible for any data-processing activities carried out by any third party website which is linked to from our website, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your personal information before you decide to use their website and its features.

  1. LINKS TO OUR WEBSITE

13.1 You may not link to our website without our prior written consent.

13.2 Where you have obtained our consent to link to our website:

(a) you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;

(b) wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and

(c) you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.

13.3 We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.

  1. EXCLUSIONS AND LIMITATIONS OF LIABILITY

14.1 We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.

14.2 Subject to the aforesaid, in no event shall we (including our parents, subsidiaries, affiliates, officers, directors, members, employees or agents) under any circumstances whatsoever be liable to you for any loss, damage (whether direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) costs, expenses, liabilities or penalties, whether in contract, tort, breach of statutory duty or otherwise, whether foreseeable or unknown, arising from, in connection with or relating to:

(a) your use of our website; (b) any corruption or loss of data; (c) any inability to access our website, including, without limitation, any interruptions, suspension or withdrawal of our website (for any reason whatsoever); (d) any use you make of any content or materials on our website, including any reliance you make on such content or material; (e) any loss of savings, profits, sales, business or revenue; (f) any loss of reputation or goodwill; (g) any loss of savings; (h) any loss of a chance or opportunity; or (i) any other secondary, consequential or indirect losses, and even if we have been advised of the possibility of such loss or damage, without limitation, you assume and shall be liable for the entire cost of all necessary servicing, repair or correction in the event of any such loss, damage, costs, expenses, liabilities or penalties arising.

14.3 We shall not be liable for any damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

14.4 You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

14.5 You agree that in the event that you incur any damages, losses or injuries arising out of, or in connection with, our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by us.

14.6 To the extent that any of the provisions of this clause 14 (Exclusions and limitations of liability) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.

  1. INDEMNIFICATION

15.1 You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal fees and costs, arising out of or in any way connected with any of the following

(a) your uploads, access to or use of the website

(b) your breach or alleged breach of these Terms of Use

(c) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right

(d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities

(e) any misrepresentation made by you.

15.2 You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

  1. DISCLAIMERS

16.1 The website is provided on an ‘as is’, ‘as available’ and ‘with all faults’ basis. to the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:

(a) the service;

(b) the website content;

(c) user content; or

(d) security associated with the transmission of information to the website.

In addition, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

16.2 We do not represent or warrant that the service will be error-free or uninterrupted, that defects will be corrected, or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. we do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete or useful. you acknowledge that your use of the website is at your sole risk. we do not warrant that your use of the website is lawful in any particular jurisdiction, and we specifically disclaim such warranties. some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these terms of use.

16.3 By accessing or using the website you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.

16.4 We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of action of any kind or character based upon or resulting from any content.

  1. AGE RESTRICTIONS ON USE OF OUR WEBSITE

17.1 Our website and any products or services available on or via the website are not intended for use by individuals under the age of 18.

17.2 If you are under the age of 18, you must not use our website, purchase or attempt to purchase any of our products or services, or submit any personal information to us.

17.3 We do not knowingly or intentionally process the personal information of any individual under the age of 18.

  1. GOVERNING LAW AND JURISDICTION

18.1 These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with English law.

18.2 The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any documents they refer to.

  1. COPYRIGHT

19.1 The copyright in these Terms of Use is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.

19.2 These Terms of Use are based on a General Data Protection Regulation (Regulation (EU) 2016/769) (‘GDPR’) compliant template.

Privacy Policy

PRIVACY

This Privacy Policy sets out how we, Karl Harrison Landscapes Ltd, collect, store and use information about you when you use or interact with our website, https://www.karlharrison.design (our website) and where we otherwise obtain or collect information about you.

This Privacy Policy is effective from 7th September 2019

SUMMARY

This section summarises how we obtain, store and use information about you. It is intended to provide a very general overview only. It is not complete in and of itself and it must be read in conjunction with the corresponding full sections of this Privacy Policy.

How we collect or obtain information about you:

Information we collect: IP address, information about your computer or device (e.g. device and browser type), and information about how you use our website (e.g. which pages you have viewed, the time when you view them and what you clicked on).

How we use your information: for administrative and business purposes (particularly to contact you) and in connection with our legal rights and obligations.

Disclosure of your information to third parties: only to the extent necessary to run our business, to our service providers, to fulfil any contracts we enter into with you, where required by law or to enforce our legal rights.

Do we sell your information to third parties (other than in the course of a business sale or purchase or similar event): No

How long we retain your information: for no longer than necessary, taking into account any legal obligations we have (e.g. to maintain records for tax purposes), any other legal basis we have for using your information (e.g. your consent, performance of a contract with you or our legitimate interests as a business) and on the basis of certain additional criteria set out in the main section below entitled How long we retain your information. For specific retention periods in relation to certain information which we collect from you, please see the main section below entitled How long we retain your information.

How we secure your information: using appropriate technical and organisational measures such as storing your information on secure servers, encrypting transfers of data to or from our servers using Secure Sockets Layer (SSL) technology, only granting access to your information where necessary.

Use of cookies:

We do not use cookies or similar technologies on our website.

However, we have previously used cookies on our website, including Google Analytics and third party cookies set by YouTube. It is possible that if you have visited our site before we removed cookies that some of these cookies may still be stored in your browser.

For information on how to remove any cookies previously used by our site which are still stored in your browser, please see the instructions in our cookies policy.

Transfers of your information outside the European Economic Area: we will only transfer your information outside the European Economic Area if we are required to do so by law. Where we do so, we will ensure appropriate safeguards are in place.

Use automated decision making and profiling: we do not use automated decision making and/or profiling.

Your rights in relation to your information

Sensitive personal information: we do not knowingly or intentionally collect what is commonly referred to as ‘sensitive personal information’. Please do not submit sensitive personal information about you to us. For more information, please see the main section below entitled Sensitive Personal Information.

OUR DETAILS

The information management in respect of our website is Karl Harrison Landscapes Ltd

We are registered in England & Wales under registration number 12572343 and our registered office address is Brandon House, 90 The Broadway, Chesham, Buckinghamshire, United Kingdom, HP5 1EG

Karl Harrison Landscapes Ltd is a member of the British Association of Landscape Institutes and Association of Professional Landscapers Horticultural Trading Association.

INFORMATION WE COLLECT WHEN YOU VISIT OUR WEBSITE

We collect and use information from website visitors in accordance with this section and the section entitled Disclosure and additional uses of your information.

WEB SERVER INFORMATION

We use a third-party server to host our website. Our website server automatically logs the IP address you use to access our website as well as other information about your visit such as the pages accessed information requested, the date and time of the request, the source of your access to our website (e.g. the website or URL (link) which referred you to our website), and your browser version and operating system.

Our website server is based in the United Kingdom.

Use of website server log information for IT security purposes

Our third-party hosting provider collects and stores server logs to ensure network and IT security and so that the server and website remain uncompromised. This includes analysing log files to help identify and prevent unauthorised access to our network, the distribution of malicious code, denial of services attacks and other cyber-attacks, by detecting unusual or suspicious activity.

Unless we are investigating suspicious or potential criminal activity, we do not attempt nor do we allow our website server provider to identify you or attempt to identify you from the information collected via server logs.

Legal basis for processing: compliance with a legal obligation to which we are subject (Article 6(1)(c) of the General Data Protection Regulation).

Legal obligation: recording access to our website using server log files is an appropriate technical measure to ensure a level of security appropriate to protect information collected by our website.

Legal basis for processing: our and a third party’s legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest: we and our third-party hosting provider have a legitimate interest in ensuring network and information security.

Cookies and similar technologies

We do not use cookies or similar technologies on our website.

However, we have previously used cookies on our website, including Google Analytics and third party cookies set by YouTube. It is possible that if you have visited our site before we removed cookies that some of these cookies may still be stored in your browser.

For information on how to remove any cookies previously used by our site which are still stored in your browser, please see the instructions in our cookies policy.

INFORMATION WE COLLECT WHEN YOU CONTACT US

We collect and use information from individuals who contact us in accordance with this section and the section entitled Disclosure of your information to third parties.

Email

If you contact us sending an email to the email address displayed on our website, we will collect your name and email address and any other information contained in the email you send us (for example, any information in your email signature (if applicable)).

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).

Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so).

Transfer and storage of your information

Messages you send us are stored on our third-party hosting provider’s services in the United Kingdom.

Phone

When you contact us by phone, we collect your phone number and any information provide to us during your conversation with us.

We do not record phone calls.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation)

Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).

Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so.

Transfer and storage of your information

Information about your call, such as your phone number and the date and time of your call, is processed and stored by our third-party telephone service provider which is located in the United Kingdom.

Post

If you contact us by post, we will collect any information you provide to us in any postal communications you send us.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation)

Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).

Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so).

HOW WE COLLECT OR OBTAIN INFORMATION ABOUT YOU FROM THIRD PARTIES

This section sets out how we obtain or collect information about you from third parties.

Information received from third parties

Generally, we do not receive information about you from third parties.

It is possible, however that third parties with whom we have had no prior contact may provide us with information about you.

Information we obtain from third parties will generally be your name and contact details, but will include any additional information about you which they provide to us.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).

Reason why necessary to perform a contract: where a third party has passed on information about you to us (such as your name and email address) in order for us to provide services to you, we will process your information in order to take steps at your request to enter into a contract with you and perform a contract with you (as the case may be).

Legal basis for processing: consent (Article 6(1)(a) of the General Data Protection Regulation).

Consent: where you have asked that a third party to share information about you with us and the purpose of sharing that information is not related to the performance of a contract or services by us to you, we will process your information on the basis of your consent, which you give by asking the third party in question to pass on your information to us.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interests: where a third party has shared information about you with us and you have not consented to the sharing of that information, we will have a legitimate interest in processing that information in certain circumstances.

For example, we would have a legitimate interest in processing your information to perform our obligations under a sub-contract with the third party, where the third party has the main contract with you. Our legitimate interest is the performance of our obligations under our sub-contract.

Similarly, third parties may pass on information about you to us if you have infringed or potentially infringed any of our legal rights. In this case, we will have a legitimate interest in processing that information to investigate and pursue any such potential infringement.

Where we receive information about you in error

If we receive information about you from a third party in error and/or we do not have a legal basis for processing that information, we will delete your information.

Information obtained by us from third parties

In certain circumstances (for example, to verify the information we hold about you or obtain missing information we require to provide you with a service) we will obtain information about you from certain publicly accessible sources, both EU and non-EU, such as websites (including your own website if you have one).

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).

Reason why necessary to perform a contract: where you have entered into a contract or requested that we enter into a contract with you, in certain circumstances, we will obtain information about you from public sources in order to enable us to understand your business and provide services to you or services to a sufficient standard.

For example, we would obtain and/or verify your email address from your website or from a directory where you ask us to send you information by email but we do not possess the information or we need to confirm that we have recorded your email address correctly.

Legal basis for processing: our legitimate interests (Article 6(1)(b) of the General Data Protection Regulation).

Legitimate interests: in certain circumstances, we will have a legitimate interest in obtaining information about you from public and private sources. For example, if you have infringed or we suspect that you have infringed any of our legal rights, we will have a legitimate interest in obtaining and processing information about you from such sources in order to investigate and pursue any suspected or potential infringement.

DISCLOSURE AND ADDITIONAL USES OF YOUR INFORMATION

This section sets out the circumstances in which we will disclose information about you to third parties and any additional purposes for which we use your information.

Disclosure of your information to service providers

We use a number of third parties to provide us with services which are necessary to run our business or to assist us with running our business, and who may process your information for us on our behalf.

These include the following:

Your information will be shared with these service providers where necessary to provide you with the service you have requested, whether that is accessing our website or ordering goods and services from us.

We do not display the identities of our service providers publicly by name for security and competitive reasons. If you would like further information about the identities of our service providers, however, please contact us directly via karl@karlharrison.designand we will provide you with such information where you have a legitimate reason for requesting it (where we have shared your information with such service providers, for example).

Legal basis for processing: legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest relied on: where we share your information with these third parties in a context other than where is necessary to perform a contract (or take steps at your request to do so), we will share your information with such third parties in order to allow us to run and manage our business efficiently.

Legal basis for processing: necessary to perform a contract and/or to take steps at your request prior to entering into a contract (Article 6(1)(b) of the General Data Protection Regulation).

Reason why necessary to perform a contract: we may need to share information with our service providers to enable us to perform our obligations under that contract or to take the steps you have requested before we enter into a contract with you.

Disclosure of your information to other third parties

We disclose your information to other third parties in specific circumstances, as set out below.

Sharing your information with third parties, which are either related to or associated with the running of our business, where it is necessary for us to do so. These third parties include our insurers, accountants and independent contractors. Further information on each of these third parties is set out below.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest: running and managing our business efficiently.

Accountants

We share information with our accountants for tax purposes. For example, we share invoices we issue and receive with our accountants for the purpose of completing tax returns and our end of year accounts.

Our accountants are located in the UK.

Independent contractors

We use independent contractors in our business. Your information will be shared with independent contractors only where it is necessary for them to perform the function we have hired them perform in relation to our business.

Our contractors are located the UK

Insurers

We will share your information with our insurers where it is necessary to do so, for example in relation to a claim or potential claim we receive or make or under our general disclosure obligations under our insurance contract with them.

Our insurers are located in the UK.

We do not display the identities of the other third parties we may share information with by name for security and competitive reasons. If you would like further information about the identities of such third parties, however, please contact us directly via karl@karlharrison.design and we will provide you with such information where you have a legitimate reason for requesting it (where we have shared your information with such third parties, for example).

We will share your information with a prospective or actual purchaser or seller in the context of a business or asset sale or acquisition by us, a merger or similar business combination event, whether actual or potential.

Legal basis for processing: legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest(s): sharing your information with a prospective purchaser, seller or similar person in order to allow such a transaction to take place.

Disclosure of your information for legal reasons

Indicating possible criminal acts or threats to public security to a competent authority

If we suspect that criminal or potential criminal conduct has been occurred, we will in certain circumstances need to contact an appropriate authority, such as the police. This could be the case, for instance, if we suspect that a fraud or a cyber crime has been committed or if we receive threats or malicious communications towards us or third parties.

We will generally only need to process your information for this purpose if you were involved or affected by such an incident in some way.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interests: preventing crime or suspected criminal activity (such as fraud).

In connection with the enforcement or potential enforcement our legal rights

We will use your information in connection with the enforcement or potential enforcement of our legal rights, including sharing information with debt collection agencies if you do not pay amounts owed to us when you are contractually obliged to do so. Our legal rights may be contractual (where we have entered into a contract with you) or non-contractual (such as legal rights that we have under copyright law or tort law).

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest: enforcing our legal rights and taking steps to enforce our legal rights.

In connection with a legal or potential legal dispute or proceedings

We may need to use your information if we are involved in a dispute with you or a third party for example, either to resolve the dispute or as part of any mediation, arbitration or court resolution or similar process.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest(s): resolving disputes and potential disputes.

For ongoing compliance with laws, regulations and other legal requirements

We will use and process your information in order to comply with legal obligations to which we are subject. For example, we may need to disclose your information pursuant to a court order or subpoena if we receive one.

Legal basis for processing: compliance with a legal obligation (Article 6(1)(c) of the General Data Protection Regulation).

Legal obligation(s): legal obligations to disclose information which are part of the laws of [England and Wales] or if they have been integrated into the United Kingdom’s legal framework (for example in the form of an international agreement which the United Kingdom has signed).

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest: where the legal obligations are part of the laws of another country and have not been integrated into the United Kingdom’s legal framework, we have a legitimate interest in complying with these obligations.

HOW LONG WE RETAIN YOUR INFORMATION

This section sets out how long we retain your information. We have set out specific retention periods where possible. Where that has not been possible, we have set out the criteria we use to determine the retention period.

Retention periods

Server log information: we retain information on our server logs for 2 months.

Correspondence and enquiries: when you make an enquiry, or correspond with us for any reason, whether by email or via our contact form (if relevant) or by phone, we will retain your information for as long as it takes to respond to and resolve your enquiry, and for 3 further months, after which point we will delete your information.

Newsletter: we retain the information you used to sign up for our newsletter for as long as you remain subscribed (i.e. you do not unsubscribe) or if we decide to cancel our newsletter service, whichever comes earlier.

Criteria for determining retention periods

In any other circumstances, we will retain your information for no longer than necessary, taking into account the following:

HOW WE SECURE YOUR INFORMATION

We take appropriate technical and organisational measures to secure your information and to protect it against unauthorised or unlawful use and accidental loss or destruction, including:

Transmission of information to us by email

Transmission of information over the internet is not entirely secure, and if you submit any information to us over the internet (whether by email, via our website or any other means), you do so entirely at your own risk.

We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by such means.

TRANSFERS OF YOUR INFORMATION OUTSIDE THE EUROPEAN ECONOMIC AREA

All of your information is stored in the following European Economic Area (EEA) countries: UK.

Other than to comply with any legal obligations to which we are subject (compliance with a court order, for example), we do not intend to transfer your information outside the EEA or to an international organisation. In the unlikely event that we are required to transfer your information outside the EEA (or to an international organisation) for such a purpose, we will ensure appropriate safeguards and protections are in place.

YOUR RIGHTS IN RELATION TO YOUR INFORMATION

Subject to certain limitations on certain rights, you have the following rights in relation to your information, which you can exercise by writing to us at or sending an email to karl@karlharrison.design

In accordance with Article 77 of the General Data Protection Regulation, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or of an alleged infringement of the General Data Protection Regulation.

For the purposes of the UK, the supervisory authority is the Information Commissioner’s Office (ICO), the contact details of which are available here: https://ico.org.uk/global/contact-us/

Further information on your rights in relation to your personal data as an individual

The above rights are provided in summary form only and certain limitations apply to many of these rights. For further information about your rights in relation to your information, including any limitations which apply, please visit the following pages on the ICO’s website:

You can also find out further information about your rights, as well as information on any limitations which apply to those rights, by reading the underlying legislation contained in Articles 12 to 22 and 34 of the General Data Protection Regulation, which is available here: http://ec.europa.eu/justice/data-protection/reform/files/regulation_oj_en.pdf

Verifying your identity where you request access to your information

Where you request access to your information, we are required by law to use all reasonable measures to verify your identity before doing so.

These measures are designed to protect your information and to reduce the risk of identity fraud, identity theft or general unauthorised access to your information.

How we verify your identity

Where we possess appropriate information about you on file, we will attempt to verify your identity using that information.

If it is not possible to identity you from such information, or if we have insufficient information about you, we may require original or certified copies of certain documentation in order to be able to verify your identity before we are able to provide you with access to your information.

We will be able to confirm the precise information we require to verify your identity in your specific circumstances if and when you make such a request.

YOUR RIGHT TO OBJECT TO THE PROCESSING OF YOUR INFORMATION FOR CERTAIN PURPOSES

You have the following rights in relation to your information, which you may exercise in the same way as you may exercise by writing to the Data Controller or sending an email to design@decorum.london:

You may also exercise your right to object to us using or processing your information for direct marketing purposes by:

SENSITIVE PERSONAL INFORMATION

‘Sensitive personal information’ is information about an individual that reveals their racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic information, biometric information for the purpose of uniquely identifying an individual, information concerning health or information concerning a natural person’s sex life or sexual orientation.

We do not knowingly or intentionally collect sensitive personal information from individuals, and you must not submit sensitive personal information to us.

If, however, you inadvertently or intentionally transmit sensitive personal information to us, you will be considered to have explicitly consented to us processing that sensitive personal information under Article 9(2)(a) of the General Data Protection Regulation. We will use and process your sensitive personal information for the purposes of deleting it.

CHANGES TO OUR PRIVACY POLICY

We update and amend our Privacy Policy from time to time.

Minor changes to our Privacy Policy

Where we make minor changes to our Privacy Policy, we will update our Privacy Policy with a new effective date stated at the beginning of it. Our processing of your information will be governed by the practices set out in that new version of the Privacy Policy from its effective date onwards.

Major changes to our Privacy Policy or the purposes for which we process your information

Where we make major changes to our Privacy Policy or intend to use your information for a new purpose or a different purpose than the purposes for which we originally collected it, we will notify you by email (where possible) or by posting a notice on our website.

We will provide you with the information about the change in question and the purpose and any other relevant information before we use your information for that new purpose.

Wherever required, we will obtain your prior consent before using your information for a purpose that is different from the purposes for which we originally collected it.

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CHILDREN’S PRIVACY

Because we care about the safety and privacy of children online, we comply with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations protect the privacy of children using the internet. We do not knowingly contact or collect information from persons under the age of 18. The website is not intended to solicit information of any kind from persons under the age of 18.

It is possible that we could receive information pertaining to persons under the age of 18 by the fraud or deception of a third party. If we are notified of this, as soon as we verify the information, we will, where required by law to do so, immediately obtain the appropriate parental consent to use that information or, if we are unable to obtain such parental consent, we will delete the information from our servers. If you would like to notify us of our receipt of information about persons under the age of 18, please do so by sending an email to karl@karlharrison.design

DO NOT TRACK DISCLOSURES

‘Do Not Track’ is a privacy preference that users can set in their web browsers. When a user turns on a Do Not Track signal in their browser, the browser sends a message to websites requesting that they do not track the user. For information about Do Not Track, please visit www.allaboutdnt.org

As we do not use any tracking cookies on this site, we do not respond to Do Not Track requests received from browsers at this time.

COPYRIGHT

This Privacy Policy is based on a General Data Protection Regulation (Regulation (EU) 2016/769) (GDPR) compliant template.

The copyright in this Privacy Policy is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. All intellectual property rights in this document are reserved.

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TERMS OF USE

© Copyright 2019 Karl Harrison Landscapes Ltd, Amersham – Website by HappyKite