Terms of Service
Last updated: . These terms apply to services provided by Nook Landscapes ABN [ABN HERE] (“we”, “us”, “our”) to clients (“you”, “your”).
1. Agreement to terms
By requesting a quote or engaging our services, you agree to these Terms of Service. These terms form part of any service agreement entered into between you and Nook Landscapes.
2. Services
Nook Landscapes provides landscape design, construction, planting and associated outdoor services as described in individual quotes and service agreements. The specific scope, timeline and pricing for each project will be set out in a written quote or contract provided to you before work commences.
3. Quotes and acceptance
All quotes provided are valid for 30 days from the date of issue unless otherwise stated. A quote does not constitute a binding agreement until both parties have signed a service agreement or the quote has been formally accepted in writing.
Quotes are based on information available at the time of preparation. If site conditions or scope change materially, we reserve the right to provide a revised quote before proceeding.
4. Payment terms
Payment terms will be set out in your service agreement. Unless otherwise agreed in writing:
- A deposit is required prior to commencement of works
- Progress payments may be required at agreed milestones
- Final payment is due on practical completion
Overdue invoices may attract interest at the rate of 10% per annum. We reserve the right to suspend works if payments are not received by their due date.
5. Your obligations
You agree to:
- Provide accurate information about the site and your requirements
- Ensure access to the site as reasonably required to complete the works
- Obtain any necessary council or body corporate approvals prior to works commencing
- Notify us promptly of any concerns or changes to scope
6. Variations
Any changes to the agreed scope of works must be agreed in writing before additional work is carried out. Variation costs will be quoted and confirmed before proceeding.
7. Defects and warranty
We warrant that our workmanship will meet a professional standard. Where defects in our workmanship are identified within a reasonable period following completion, we will attend to remedy those defects at no additional cost to you.
This warranty does not cover damage caused by misuse, normal wear and tear, third-party interference, or failure to follow any care or maintenance instructions we provide.
Nothing in these terms limits any rights you may have under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)).
8. Liability
To the extent permitted by law, our liability for any claim arising from our services is limited to the re-supply of the relevant services or a refund of the amounts paid for those services. We are not liable for any indirect, consequential or special loss.
Our liability is not limited where prohibited by the Australian Consumer Law or other applicable legislation.
9. Dispute resolution
If a dispute arises, both parties agree to attempt to resolve it by good-faith negotiation before resorting to formal proceedings. If unresolved, disputes may be referred to mediation or a relevant industry dispute body. These terms are governed by the laws of New South Wales, Australia.
10. Intellectual property
All design concepts, drawings, plans and documentation we prepare remain our intellectual property until final payment has been received in full, at which point rights transfer to you for the specific project purpose.
11. Privacy
Your personal information is handled in accordance with our Privacy Policy.
12. Changes to these terms
We may update these Terms of Service from time to time. The current version will always be available on this page. Continued use of our services after an update constitutes acceptance of the revised terms.
13. Contact us
For questions about these terms, please contact:
Nook Landscapes
Illawarra, NSW, Australia
Email: [email protected]