Terms of Service
1. Scope of Services
Durham Garden Design provides residential landscape design services, which may include consultations, site analysis, concept development, planting plans, planting specifications, visual presentations, and related design recommendations, as outlined in the accepted proposal.
Unless otherwise agreed in writing, services do not include landscape construction, excavation, grading, irrigation, lighting, engineering, surveying, permitting, arborist reports, or ongoing garden maintenance.
2. Site Measurements and Surveys
Durham Garden Design may take site measurements during a site visit and may use client-provided plans, property surveys, municipal mapping, aerial imagery, or other available information to prepare garden design drawings. Measurements and mapping are undertaken for garden design and installation planning purposes and are not intended to constitute a legal, boundary, topographic, engineering, or construction survey.
Design drawings may include dimensions, planting locations, bed lines, path widths, spacing, and other information reasonably required to communicate the garden design and facilitate installation by a qualified landscape contractor or installer. However, Durham Garden Design does not independently verify property boundaries, elevations, underground services, easements, setbacks, lot lines, grading, drainage, or other site conditions unless specifically included in the agreed scope of services.
Where the accuracy of a professional survey is required due to site complexity, significant changes in grade, property boundaries, construction requirements, or other site conditions, the client may be required to obtain a professional survey from a qualified surveyor. Professional surveying services are not included in standard garden design packages and will be quoted separately where applicable.
The client is responsible for providing accurate and complete information relating to the property and for identifying any known restrictions, easements, underground services, or other conditions that may affect the design or installation. Contractors and other trades are responsible for verifying dimensions and site conditions in the field before construction or installation and for determining any technical, structural, grading, drainage, or code requirements applicable to their work.
3. Design Fees & Payment
All fees are quoted in Canadian dollars unless otherwise stated.
Payment terms will be outlined in the project proposal or invoice.
Final design documents remain the intellectual property of Durham Garden Design until all outstanding invoices have been paid in full.
Late payments may be subject to interest at the maximum rate permitted by law.
4. Revisions
Full garden design packages include one round of revisions following the initial presentation of the design. This revision is intended to address one consolidated set of client feedback and reasonable adjustments to the agreed design direction.
Additional revisions, changes to the agreed scope or design direction, or revisions requested after approval of the design will be billed at the applicable hourly rate. Significant changes that require substantial redesign may be quoted separately before additional work proceeds.
Clients are asked to provide consolidated feedback for each revision round. Minor clarifications or corrections resulting from an error or omission by Durham Garden Design are not considered a client revision and will be addressed at no additional cost.
5. Site Information
Design recommendations are based on information available at the time of consultation, observations made during the site visit, and information provided by the client.
Durham Garden Design is not responsible for concealed or unknown site conditions, including but not limited to underground utilities, drainage issues, soil contamination, buried construction materials, property boundaries, or other conditions that cannot reasonably be identified during the design process.
The client is responsible for ensuring property information provided is accurate.
6. Plant Availability
Plant availability varies by season, nursery inventory, and supplier.
While every effort is made to recommend suitable plant material, Durham Garden Design cannot guarantee that every specified plant will be available at the time of purchase.
Where substitutions are necessary, replacement plants should be selected based on comparable mature size, growth habit, seasonal interest, ecological function, and design intent to preserve the integrity of the design.
7. Installation
The quality and long-term success of a garden depend on proper site preparation, installation practices, planting techniques, irrigation, and ongoing maintenance.
Where Durham Garden Design is not responsible for installation, the client or their contractor assumes responsibility for implementing the design in accordance with the planting plan and accepted horticultural practices.
Durham Garden Design is not responsible for workmanship, construction methods, installation errors, or deviations from the approved design carried out by third parties.
Installation consultation services, where requested, are advisory in nature and do not constitute supervision or responsibility for the contractor’s work.
8. Plant Performance
Every planting recommendation is made using professional judgement and is based on the information available at the time of design, including site conditions, horticultural best practices, and the intended design vision.
Plants are living material, and their establishment and long-term performance are influenced by many factors beyond the control of Durham Garden Design. These may include, but are not limited to, weather conditions, soil characteristics, drainage, plant availability and quality at the time of purchase, installation methods, watering practices, maintenance, pests, wildlife, and other environmental conditions.
While every effort is made to select plants that are well suited to the site and intended design, Durham Garden Design cannot guarantee plant survival, growth rate, flowering performance, or mature appearance.
9. Communication
To ensure clear and accurate communication throughout your project, all project-related correspondence will be conducted by email or during scheduled meetings (in person or virtual).
Durham Garden Design does not provide project support by text message and is generally unavailable for telephone calls outside of scheduled appointments. Messages received by text may not be monitored or responded to.
Business hours are Monday through Friday. Emails received outside of business hours, including evenings, weekends, and statutory holidays, will be responded to during the next business day whenever reasonably possible.
10. Client Review Period
Following the delivery of any design concept, planting plan, or revision, the Client is asked to provide consolidated feedback within 14 calendar days.
If feedback is not received within 30 calendar days, the project may be considered inactive. Durham Garden Design reserves the right to reschedule any remaining work based on current availability. Projects inactive for more than 90 days may require a restart fee or a new proposal to account for changes in scheduling, pricing, site conditions, or plant availability.
11. Project Timeline
Estimated project timelines assume timely communication and decision-making by the Client. Delays in providing information, measurements, approvals, or feedback may extend the project schedule. Durham Garden Design is not responsible for delays resulting from late client responses or circumstances beyond its reasonable control.
12. Intellectual Property
Each garden design is created specifically for the client’s property, site conditions, and design objectives. Durham Garden Design retains ownership and copyright of all design materials, including drawings, planting plans, planting specifications, visual presentations, renderings, written content, and related design documents.
Upon receipt of full payment, the client is granted a non-exclusive, non-transferable licence to use the completed design solely for the installation, maintenance, and future stewardship of the property for which it was prepared.
The client may provide design documents to contractors, suppliers, and other professionals directly involved in implementing the approved design.
The purchase of design services does not transfer copyright, ownership, or the right to reproduce, sell, license, distribute, or adapt the design for other properties or purposes.
The design may not be:
copied or reproduced for another property;
sold, licensed, or otherwise distributed to third parties;
used for commercial purposes without written permission;
modified and represented as the work of another designer; or
published, reproduced, or incorporated into another design project without the written consent of Durham Garden Design.
13. Portfolio & Photography
Durham Garden Design may request permission to photograph completed gardens for portfolio development, website, social media, educational purposes, and marketing materials.
Photography will only take place with the client’s knowledge and consent. Durham Garden Design will coordinate a suitable time with the client and will make reasonable efforts to capture the garden in a way that respects the privacy of the property and the homeowner.
Photographs may include planting details, garden features, and overall landscape views. Personal information, identifying details, or images of people will not be shared without additional consent.
Clients may request that completed projects remain private and unavailable for portfolio use.
Durham Garden Design may use anonymized design concepts, planting strategies, and horticultural insights from completed projects for educational purposes.
14. Limitation of Liability
Durham Garden Design’s liability for any claim arising from the provision of design services is limited to the amount paid by the client for those services.
Durham Garden Design shall not be liable for indirect, incidental, consequential, or special damages arising from the implementation or use of the design.
15. Project Cancellation
Either party may terminate the project by providing written notice.
The client is responsible for payment for all work completed up to the date of cancellation.
Fees paid for completed design work are non-refundable.
16. Acceptance
Acceptance of a proposal, payment of an invoice, or commencement of design services constitutes acceptance of these Terms of Service.