Terms and Conditions 2026
Last updated 30/04/2026
1. Definitions
In these Terms:
Studio Hummingbird / Designer / We / Us means Victoria Rumens and her team members trading as Studio Hummingbird.
Client / You / Your means the person or persons instructing Studio Hummingbird to provide the services.
Services means any of the following, as set out in the relevant proposal, quotation or invoice:
- Garden Whisper
- Signature Design Package
- Planting Design Package
- On-Site Planting Day / planting-day involvement
- Aftercare Programme
- any other agreed design-related services
Design Package means the garden design service described in the proposal, including concept development, revisions where stated, drawings, visuals, specifications, and limited design-intent oversight during build, where included.
Planting Design Package means the planting design service described in the proposal, including planting plans, set-out drawings, schedules, plant notes, and planting installation guidance.
Build Partner / Contractor means any landscaping contractor, construction company, or other third party appointed to carry out the build works.
Proposal / Quotation means the written fee proposal, service summary, or quotation issued by Studio Hummingbird.
Site means the property and garden to which the services relate.
2. Basis of Contract
2.1 These Terms apply to all services supplied by Studio Hummingbird unless otherwise agreed in writing.
2.2 A binding contract is formed when:
- Studio Hummingbird issues a proposal, quotation, booking confirmation or invoice;
- the Client accepts it in writing (including by email); and
- any required deposit has been paid.
2.3 These Terms should be read together with the proposal, quotation, invoice, and any written scope of works. If there is any inconsistency, the specific proposal or quotation takes priority over these Terms.
2.4 The Client confirms that they are at least 18 years old and have authority to instruct Studio Hummingbird in relation to the Site.
3. The Garden Whisper
3.1 The Garden Whisper is a paid clarity visit or online consultation and is a standalone advisory service.
3.2 Unless expressly stated otherwise in writing, the Garden Whisper does not include measured drawings, design plans, 3D visuals, planting plans, procurement, build coordination, or follow-up design work.
3.3 Any Garden Whisper credit policy will be as stated in the relevant proposal or booking confirmation.
4. Signature Design Package
4.1 The Signature Design Package includes only the items expressly listed in the proposal or quotation.
4.2 Unless expressly included in writing, the Design Package does not include:
- planting design
- plant sourcing or supply
- planting labour
- build management
- trade coordination
- materials procurement
- daily site administration
- obtaining statutory permissions, planning approval, or building regulation approval
- structural engineering, drainage design, electrical design, irrigation design, or other specialist technical design
4.3 Where the proposal states that design-intent oversight during build is included, this is limited to the scope stated in the proposal (for example, a pre-start meeting, a defined number of site visits, and review of proposed deviations from the approved design).
4.4 Design-intent oversight is not project management. Studio Hummingbird does not supervise works, manage contractors, control sequencing, direct health and safety, or assume responsibility for the means, methods, timing, or quality of construction.
5. Planting Design Package
5.1 Planting design is a separate service unless expressly included in the proposal.
5.2 The Planting Design Package includes only the items expressly listed in the proposal, which may include:
- planting plan
- planting set-out drawing
- plant schedule
- seasonal interest schedule
- plant specification notes
- planting installation guidance
5.3 Unless expressly stated in writing, planting design does not include the cost of plants, delivery charges, planting labour, or post-installation maintenance.
6. Plant Supply and Planting Day
6.1 Where agreed, Studio Hummingbird may source plants, obtain nursery quotations, and arrange supply and delivery.
6.2 Unless expressly stated otherwise in the proposal, the cost of plants, delivery, and any nursery handling charges are payable in addition to Studio Hummingbird’s design fees.
6.3 Where the proposal includes Victoria’s involvement on planting day, this means personal attendance to set out plants, guide final placement, and assist with planting so that the completed garden reflects the approved design intent.
6.4 Unless expressly stated in writing, Studio Hummingbird’s planting-day involvement includes Victoria’s own time only. Any additional planting labour, assistants, contractors, or specialist operatives required will be quoted and charged separately.
6.5 Studio Hummingbird is not responsible for plant losses caused by weather, site conditions, poor ground preparation, watering failures, pests, disease, or inadequate aftercare once plants have been delivered or installed, except where such loss is directly caused by Studio Hummingbird’s failure to exercise reasonable care and skill or to follow the agreed planting specification.
7. Build Partner / Contractor Relationship
7.1 All build works are carried out under a separate contract between the Client and the Build Partner or Contractor.
7.2 Studio Hummingbird may introduce a trusted contractor, but the Client contracts directly with that contractor for construction works.
7.3 Studio Hummingbird is not liable for:
- defects in workmanship
- construction delays
- contractor price changes
- site safety during construction
- disputes between Client and contractor
- failures by third-party suppliers or trades
7.4 Any review of changes during the build is limited to design intent and does not transfer responsibility for construction methods, technical detailing, or site safety to Studio Hummingbird.
8. Client Responsibilities
8.1 The Client agrees to:
- provide accurate and complete information
- ensure decision-makers are available when required
- give timely instructions and approvals
- provide reasonable access to the Site
- review and approve drawings promptly
- appoint appropriate specialists where required
8.2 The Client is responsible for verifying dimensions, boundaries, legal matters, and the location of underground services unless Studio Hummingbird has expressly agreed otherwise in writing.
8.3 For remote projects, Studio Hummingbird may rely on information supplied by the Client or third parties and is not responsible for inaccuracies unless it knew, or ought reasonably to have known, that the information was incorrect.
9. Revisions and Changes to Scope
9.1 The number of revisions included is as stated in the proposal.
9.2 Additional revisions, redesign after approval, or changes in scope may be charged separately.
9.3 Significant changes may result in revised fees, timelines, and programme.
10. Fees and Payment
10.1 Fees are set out in the proposal, quotation, or invoice.
10.2 All fees are in pounds sterling unless stated otherwise.
10.3 Payments are due as specified.
10.4 Studio Hummingbird may, after giving reasonable written notice, pause work and withhold deliverables if payment is overdue until payment is brought up to date.
10.5 Staged payments form part of one overall service unless stated otherwise.
10.6 Any late payment charges will only be applied where lawful and fair under applicable consumer law.
10.7 Third-party costs and disbursements are payable separately.
11. Timing and Delays
11.1 Timescales are estimates unless expressly agreed as fixed.
11.2 Studio Hummingbird is not responsible for delays caused by factors outside its reasonable control.
11.3 Projects paused for more than 90 days may be rescheduled, re-priced, or subject to additional fees.
11.4 Studio Hummingbird shall not be liable for delay or failure to perform where caused by events outside its reasonable control, including extreme weather, illness, government restrictions, supply chain disruption, or failure of utilities or transport. Reasonable extensions of time and fee adjustments may apply where appropriate.
12. Consumer Cancellation Rights
12.1 Where the Client is a consumer and the contract is entered into off-premises or at a distance, the Client may have a legal right to cancel within 14 days.
12.2 Studio Hummingbird will provide the required pre-contract and cancellation information.
12.3 If the Client requests work to begin within the cancellation period, they must make an express request.
12.4 If cancelled during that period, Studio Hummingbird may charge for work carried out up to the date of cancellation.
12.5 Where services are fully performed with the Client’s consent, the right to cancel may be lost.
13. Client Cancellation After the Cooling-Off Period
13.1 Studio Hummingbird is entitled to payment for:
- all work completed
- non-recoverable third-party costs
- a reasonable sum reflecting time spent and commitments made
13.2 Any charges must be reasonable and proportionate, taking into account work carried out and impact on resources.
13.3 Completed or substantially completed stages remain payable.
14. Studio Hummingbird Cancellation or Suspension
14.1 Studio Hummingbird may suspend or terminate the contract on written notice if:
- payment is not made on time
- the Client behaves abusively, threateningly, or in a way that materially obstructs delivery
- required information or decisions are repeatedly not provided
- health and safety concerns arise
14.2 The Client remains liable for fees and costs incurred up to termination.
15. Reasonable Care and Skill
15.1 Services will be provided with reasonable care and skill.
15.2 Nothing excludes the Client’s statutory rights.
15.3 Where required by law, remedies may include re-performance or a price reduction.
16. Intellectual Property
16.1 All design materials remain the intellectual property of Studio Hummingbird.
16.2 Upon full payment, the Client is granted a non-exclusive licence for use on the specific Site.
16.3 Materials must not be reused or shared for other projects without permission.
16.4 Studio Hummingbird may use project materials for portfolio and marketing purposes unless agreed otherwise.
17. Photography and Publicity
17.1 Studio Hummingbird may photograph the project.
17.2 Personal details will not be shared without consent.
17.3 Objections must be made in writing in advance.
18. Liability
18.1 Nothing excludes liability where unlawful to do so.
18.2 Studio Hummingbird is not liable for indirect loss or losses outside its control, except where caused by failure to exercise reasonable care and skill.
18.3 Liability shall not exceed the fees paid or such higher amount as is reasonable and proportionate in the circumstances.
18.4 This limitation applies only where fair and lawful.
Studio Hummingbird maintains appropriate professional indemnity insurance.
19. Complaints
19.1 Complaints should be raised in writing.
19.2 Studio Hummingbird will respond within a reasonable time and seek a fair resolution.
20. Data Protection
20.1 Personal data will be processed in accordance with UK data protection law and Studio Hummingbird’s privacy policy.
21. General
21.1 The applicable Terms are those in force at the time of contract.
21.2 If any provision is unenforceable, the remainder remains valid.
21.3 Third parties have no enforcement rights.
21.4 These Terms are governed by the law of England and Wales.
