Terms and Conditions
Welcome to Studio Hummingbird's terms of service! By using our services, you agree to the following terms and conditions:
‘The Designer’ means Victoria Rumens of Studio Hummingbird (SH).
‘The Client’ means the person who requests a garden design service from Studio Hummingbird.
‘Garden Design Service’ means planning, concept design, concept development, and final design.
‘Project coordination’ means liaising with and coordinating trades involved in the implementation of the design.
‘The Contractor’ means a representative of a landscaping or construction company which carries out the works.
'Garden Design Consultation' means a 90-minute site visit only for clients in Sussex. The consultation is an advice-only session, where layout and planting options are verbally expressed. The client can take written notes and ask questions in this session. Drawings, plans or 3D visuals are not included in this service.
'Garden Vision Package': This Design Master Plan gives the client a detailed vision of the garden. They get everything they need to implement the design through their own trusted tradesmen or themselves. It includes an Initial concept design, 2 revisions, a Planting scheme and legend, a Lighting plan, Photorealistic 3D images of the key features, 1 final garden design, 1 final layout plan in 2D, 3D video walk-through. It does not include the implementation of the garden design.
The discount provided to gift voucher recipients is exclusively applicable to Studio Hummingbird's design fee and coordination fee. It does not apply to any landscaping costs like material costs and labour costs quoted separately by the landscaping contractor.
These terms and conditions are a binding contract between you, the Client, and me, the Designer. By buying our garden design services, you agree that you have read, understood and will be bound by the below. If you don’t agree, then you may not use this service:
- By purchasing a Garden Design Service The Client agrees that he/she is 18 years of age.
- Before the start of the Design service, The Designer will visit The Client’s garden (initial site visit), with ideally all decision-makers present. This initial visit is free of charge, unless a chargeable 90-minute Garden Design Consultation session was booked, and gives The Client a chance to get to know The Designer. The Designer takes measurements and photos of the garden space.
- After the initial visit, The Client receives a Design Brief and a Proposal/Quotation regarding the fees. The Proposal/Quotation will be based on the condition of the garden at the time of the initial visit and is valid for 30 days.
- After receiving 50% of the design fee (deposit) and the filled-in questionnaire the performance of the garden design service starts. All fees are collected in Pounds Sterling and payments can be made via bank transfer.
- The Client will send a written confirmation (including by email) that the Proposal/Quotation and these Terms and Conditions are accepted to enable The Designer to proceed with the Garden Design Services.
- Payments are due on receipt of the invoice. In the case of overdue payments, The Designer reserves the right to charge interest on all unpaid amounts where payment is not received within 30 days following delivery of an invoice with interest accruing at the rate of 8% per annum compounded monthly until full payment is received. Any costs and expenses incurred to recover payment will also be charged to The Client.
- Garden Design Service is a design service only. All recommendations are regarded as suggestions to improve the look of your outdoor space. The Designer makes no representations and expressly disclaims all responsibilities, about the suitability, for any purpose, of the Design Concept. The design scheme is provided “as is” without expressed or implied warranty of any kind. The Designer cannot be held responsible for arranging repairs, replacement or freight claims for purchases made in conjunction with recommendations for the project. The Designer can’t be held responsible for the quality of the plants purchased by the client.
- The design implementation will be done by The Contractor hired and paid by The Client. If requested The Designer can recommend trusted and local contractors and liaise or coordinate trades and contractors. In this case, an additional project coordination fee will occur.
- a) Although The Client will have to negotiate and agree to the terms and conditions of a separate contract between The Client and the Contractor, The Designer can assist where requested, with the choice of the Contractor to construct the garden. The Designer will recommend Contractors due to availability and whilst The Designer’s recommendations are made in good faith, The Designer shall have no liability for any defects in the Contractor’s work or goods supplied, or be in any way liable in the event of a dispute between The Client and the Contractor.
- b) After The Client appointed The Contractor, any changes to the design requested by The Client during the construction stage may well affect the contract with The Contractor and all resulting cost implications and extensions of time (if any) will need to be agreed between The Client and The Contractor before The Client requests a change in the design by The Designer.
- The Designer’s role during construction is not to supervise or manage the Contractor’s works. The Designer will make agreed site visits during the construction works to liaise between The Client and The Contractor and to help ensure that construction is progressing in accordance with the design.
- An estimate of the number of anticipated visits will have been given and will be charged as per the agreed cost per site visit. Liaising with the Contractor and The Client also presents opportunities as the project takes shape, to see if, subject to The Client’s approval, there may be small changes or variations that could be made to enhance the final result and is a valuable fine-tuning element of the construction.
- The Client will provide all information needed (questionnaire) accurately. The Designer will recommend concepts, planting schemes, and products for the Client that may include but are not limited to, paving, fencing, tiles, bricks, outdoor furnishings, accessories, etc. These selections will be made based on the information provided to the Designer by the Client. The Client agrees to provide full information regarding The Client’s requirements for the project at the initial site visit. In the case of a remote project, the Designer will not be responsible for the accuracy, reliability, and completeness of the information provided by the Client. This includes but is not limited to, incorrect measurements and dimensions, unclear photos, and misinformation as gathered through the design process.
- All communication is made via email or phone call. The Client and the Designer agree that communication takes place during weekdays and office hours (Mo -Fr. 9 am -5 pm)
- After receiving the concept plan The Client can make up to 2 revisions. If The Client wants more revisions an hourly fee of £125 will be charged.
- The Designer shall not be held responsible for the means, methods or procedures of construction, fabrication, delivery or installation, or safety precautions in connection with supplies, suppliers or third parties in connection with the project, or for any failure of them to meet schedules or completion dates. Furthermore, the Designer shall have no liability for the design of electrical, plumbing, heating or other mechanical systems that exist or might be needed. The Designer shall not be liable for any damage to the Client’s premises, the Client’s property, or its personal belongings due to the act or omission of hired labourers, contractors, carpenters, plumbers, electricians, installers or other tradespeople.
- The Client and contractors are responsible for the review and verification of dimensions or quantities. The Designer has no control over market conditions, availability of labour, contractor or fabricator’s method of pricing or construction. Estimates of fixed costs prepared by the Designer represent the designer’s best judgment as a professional. The Designer does not have control over manufacturers, labourers, delivery, or showroom costs and accordingly, cannot and does not warrant or represent that prices will not vary from the prepared estimates. The Designer’s total liability for any cause of action related to these Terms and Conditions shall be exclusively limited to and shall not exceed the fees received by the Designer for the performance of the Services under this Agreement.
- The Designer will select products and materials based on current availability. If there is a delay between receipt of a design plan with specifications and the time of purchasing and a product or material is no longer available The Designer is not responsible or liable to reselect.
- Outdoor furniture package: Some products in the design boards have affiliate links. Studio Hummingbird has partnered with companies with which it shares the same values and believes in its products and quality. The Client has no obligation to buy affiliate products, but if The Client decides on an affiliate product, there is no fee to pay on The Client’s side. A small commission will be paid by the product seller to Studio Hummingbird.
- The Designer may change the design packages and offerings, fees and timelines, and processes at any given time, but will give a notice of 2 weeks.
- In the design packages (sourcing list) we will include links to third-party websites. The Client agrees to access those websites of their own doing. We only link to websites we use regularly and are familiar with but are not liable for your usage of those sites.
- Because of the nature of this design package, there are no refunds or returns on purchases. In the case of an extenuating circumstance, the client may email [email protected] to discuss.
- The Client agrees to send “before and after photos” or, when local, allow The Designer to take photos of the project during all stages of development, including after project completion, and use the photographs or any part thereof in connection with any marketing, promotional and/or advertising campaigns of The Designer. Photographs will be used for business purposes only and will not disclose the Client’s name without prior consent. The Client hereby grants the Designer permission to include a description of the project in any marketing, promotional and/or advertising campaigns, and The Designer shall obtain permission from The Client prior to using The Client’s name.
- Copyright and Intellectual Property Rights: Having first asked for The Client’s permission to take photographs at the site visit, those taken by The Designer are copyrighted to The Designer and she reserves the right to use photographs of the garden, before, during and after completion in promotional material, to showcase the work. As above mentioned, only generic descriptions are used and no material used will include The Client’s personal information. However, if a client expressly requests in writing that photographs of their garden are not used, The Designer will agree to such a request. All sketches, designs, concepts, plans and documents prepared by The Designer are the intellectual property of Studio Hummingbird and subject to copyright which remains The Designer’s notwithstanding the payment in full for the Design Services.
- The Garden Design Service expires within 90 days of payment being made by The Client. No full or partial refunds will be given for delays on the part of The Client for the above steps.
Last updated: 09/11/2023