Terms and Conditions
1. Definitions
In these Terms:
Studio Hummingbird / Designer / We / Us means Victoria Rumens 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 the 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. It 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, such as a pre-start meeting, a limited 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 area 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 take part in 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 for the planting stage 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, unless such loss results directly from Studio Hummingbird’s failure to exercise reasonable care and skill.
7. Build Partner / Contractor Relationship
7.1 Any 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 build partner, but the Client contracts directly with that contractor for construction works.
7.3 Studio Hummingbird is not liable for:
- defects in the contractor’s workmanship
- delays in construction
- price changes by the contractor
- site safety during construction
- disputes between the Client and contractor
- failures by suppliers or trades engaged by the contractor or the Client
7.4 Where Studio Hummingbird reviews proposed changes during the build, this review is limited to design intent and does not make Studio Hummingbird responsible for construction methods, technical detailing, buildability, or site safety.
8. Client Responsibilities
8.1 The Client will:
- provide accurate information about the Site and their requirements
- ensure all decision-makers are identified and, where possible, involved at the appropriate stages
- provide timely feedback, approvals, and instructions
- ensure reasonable access to the Site when required
- check and approve drawings, plans, and schedules promptly
- appoint suitable specialist consultants and contractors where needed
8.2 The Client is responsible for verifying all dimensions, boundaries, legal title matters, easements, rights of way, and the location of underground services, unless Studio Hummingbird has expressly agreed in writing to undertake measured survey work itself.
8.3 For remote or partially remote projects, Studio Hummingbird is entitled to rely on measurements, photographs, plans, and information supplied by the Client or third parties, and is not responsible for inaccuracies in that information unless Studio Hummingbird knew, or ought reasonably to have known, that it was inaccurate.
9. Revisions and Changes to Scope
9.1 The number of revisions included in the agreed fee will be as stated in the proposal.
9.2 Any additional revisions, redesign after sign-off, substantial changes in brief, or additional site visits beyond the agreed scope may be charged separately at Studio Hummingbird’s current hourly or day rate, or under a revised quotation.
9.3 If the Client requests significant changes after a design stage has been approved, Studio Hummingbird may revise the programme, fee, and delivery dates accordingly.
10. Fees and Payment
10.1 Fees are set out in the proposal, quotation, or invoice.
10.2 Unless otherwise stated, all fees are in pounds sterling.
10.3 Deposits and stage payments are payable on the dates or triggers stated in the proposal or invoice.
10.4 Studio Hummingbird may pause work and withhold deliverables if any payment is overdue.
10.5 Where a proposal sets out staged payments, those payments are part of one agreed service package and are not separate optional purchases unless expressly stated otherwise in writing.
10.6 For consumer clients, any late payment interest or recovery charges will only be applied if expressly stated in the proposal or invoice and only to the extent permitted by law and fair under consumer law.
10.7 The Client must reimburse any agreed third-party costs, plant supply costs, delivery costs, or approved disbursements separately from the design fee.
11. Timing and Delays
11.1 Any timescales given by Studio Hummingbird are estimates unless expressly stated to be fixed.
11.2 Studio Hummingbird is not responsible for delays caused by:
- the Client’s delay in giving instructions, information, approvals, or payments
- contractor or supplier delays
- weather conditions
- illness or events outside reasonable control
- delays in access to the Site
11.3 If the Client pauses the project for more than 90 days, Studio Hummingbird may:
- re-price the remainder of the services
- place the project into a future schedule slot
- charge for re-briefing or re-mobilisation work reasonably required to restart the project
12. Consumer Cancellation Rights
12.1 If the Client is a consumer and the contract is entered into online, by email, by phone, or off-premises, the Client may have a legal right to cancel within 14 days of entering into the contract.
12.2 Where that legal cancellation right applies, Studio Hummingbird will provide the required pre-contract information and cancellation information.
12.3 If the Client asks Studio Hummingbird to begin work during the 14-day cancellation period, the Client must make an express request for work to begin early.
12.4 If the Client cancels during the 14-day period after asking for work to begin, Studio Hummingbird may charge for the proportion of the services actually supplied up to the date of cancellation.
12.5 If the services are fully performed within the cancellation period at the Client’s express request and with the Client’s acknowledgment that the right to cancel will be lost once the service has been fully performed, the statutory cancellation right will no longer apply.
13. Client Cancellation After the Cooling-Off Period
13.1 If the Client cancels after any applicable legal cooling-off period has ended, Studio Hummingbird is entitled to payment for:
- all work completed up to the date of cancellation
- any non-recoverable third-party costs reasonably incurred
- any reasonable losses directly caused by the cancellation, to the extent permitted by law
13.2 Any deposit retained or cancellation charge made must be reasonable and proportionate to Studio Hummingbird’s actual loss.
13.3 Where a stage of work has already been completed or substantially completed, the fee for that stage remains payable.
14. Studio Hummingbird Cancellation or Suspension
14.1 Studio Hummingbird may suspend or terminate the contract on written notice if:
- the Client fails to pay on time
- the Client behaves abusively or unreasonably
- the Client repeatedly fails to provide information or decisions needed to progress the work
- health and safety concerns make attendance at the Site unreasonable
14.2 If Studio Hummingbird terminates under clause 14.1, the Client remains liable for fees and costs properly incurred up to the termination date.
15. Reasonable Care and Skill
15.1 Studio Hummingbird will perform the services with reasonable care and skill.
15.2 Nothing in these Terms excludes or limits any rights the Client has under the Consumer Rights Act 2015 or other applicable consumer law.
15.3 If any part of the services is not provided with reasonable care and skill, Studio Hummingbird will, where legally required and appropriate, re-perform the affected part of the service or provide an appropriate price reduction.
16. Intellectual Property
16.1 All drawings, plans, visuals, schedules, planting plans, videos, documents, and other design materials produced by Studio Hummingbird remain Studio Hummingbird’s intellectual property and copyright.
16.2 Once all fees due for the relevant service have been paid in full, the Client is granted a non-exclusive licence to use the final design materials for the specific Site and project for which they were produced.
16.3 The Client must not copy, adapt, reproduce, re-use on another site, share with third parties for other projects, or commercially exploit Studio Hummingbird’s design materials without written permission.
16.4 Studio Hummingbird retains the right to use its drawings, visuals, photographs, and project descriptions in its portfolio, website, social media, awards submissions, and promotional material, unless otherwise agreed in writing.
17. Photography and Publicity
17.1 Studio Hummingbird may photograph the Site before, during, and after the project for business and marketing purposes.
17.2 Studio Hummingbird will not publish the Client’s full address or personal details without consent.
17.3 If the Client objects to photography or publicity use, they must notify Studio Hummingbird in writing before photography takes place.
18. Liability
18.1 Studio Hummingbird does not exclude or limit liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, or for breach of statutory consumer rights.
18.2 Subject to clause 18.1, Studio Hummingbird is not liable for:
- indirect or consequential loss
- loss caused by contractor workmanship or delay
- loss caused by inaccurate information supplied by the Client or third parties
- loss caused by weather, pests, disease, or site conditions outside Studio Hummingbird’s control
- loss arising from changes made without Studio Hummingbird’s written approval
18.3 Subject to clause 18.1, Studio Hummingbird’s total liability arising from the services shall not exceed the total fees paid by the Client for the specific service giving rise to the claim.
18.4 This limitation is intended to apply only so far as it is fair and lawful.
19. Complaints
19.1 If the Client has a complaint, they should raise it in writing as soon as possible, with enough detail for Studio Hummingbird to investigate.
19.2 Studio Hummingbird will respond within a reasonable time and will try to resolve concerns fairly and promptly.
20. Data Protection
20.1 Studio Hummingbird will process the Client’s personal data in accordance with applicable UK data protection law and its privacy policy.
20.2 The Client should refer to Studio Hummingbird’s privacy notice for details of how personal data is collected, used, stored, and shared.
21. General
21.1 Studio Hummingbird may update its standard Terms from time to time, but the version that applies to the Client’s contract is the version provided or linked at the time the contract is formed, unless a later change is agreed in writing.
21.2 If any provision of these Terms is found unenforceable, the remainder shall continue in force.
21.3 A person who is not a party to this contract shall have no right to enforce its terms.
21.4 These Terms are governed by the law of England and Wales, and the courts of England and Wales shall have jurisdiction, except that a consumer resident in Scotland or Northern Ireland may also have any mandatory rights to bring proceedings in their home jurisdiction.
Last updated: 26/03/2026
