Terms and Conditions

Introduction

These Terms and Conditions (“Terms”) apply to the use of the Yardner website (“Site”) and all services provided by Yardner Pty Ltd (ABN 47 691 493 839) trading as Yardner (“Yardner”, “we”, “us” or “our”). By accessing the Site or engaging our services, you agree to these Terms. If you do not agree, please do not use the Site or our services.

These Terms apply to all services, projects and works undertaken by Yardner, whether initiated via the Site, email, phone or an in-person consultation.

1. Definitions

In these Terms:

• “Business Day” means a day other than a Saturday, Sunday or public holiday in South Australia.
• “Completion” has the meaning given in clause 13.
• “Customer”, “you” or “your” means the person or entity that engages Yardner to carry out the Works.
• “Quote” means Yardner’s written quote for the Works, including any agreed Variation.
• “Variation” means any change to the scope, materials, cost or timing of the Works.
• “Works” means the services and materials described in the Quote.

2. Acceptance and authority

Acceptance of a Quote, payment of the deposit or allowing Works to commence constitutes acceptance of these Terms.

The Customer warrants that they are the owner of the property where the Works are carried out, or are authorised by the owner to engage Yardner and agree to these Terms.

3. Eligibility and use of the Site

You must be 18 years or older to engage Yardner’s services.

You must not use the Site or our services for any illegal or unauthorised purpose, or in breach of any laws in your jurisdiction, including copyright laws.

You must not transmit any worms, viruses or code of a destructive nature through the Site.

A breach of these Terms may result in the termination of our services in accordance with clause 23.

4. Our services

Yardner provides end-to-end landscaping services, from initial consultation and design through to construction, planting and completion. Our services may include, but are not limited to:

• Landscape design and planning
• Site preparation and soil works
• Garden bed construction and edging
• Lawn installation
• Planting and garden makeovers
• Related outdoor and landscape improvements

Information, ideas and advice published on the Site, including blog content, are provided for general information only and do not constitute professional advice for your specific property.

5. Quotes, pricing and variations

Written or verbal quotes are valid for 30 days unless otherwise stated.

All quoted prices are in Australian dollars (AUD) and include Goods and Services Tax (GST) unless otherwise stated.

Yardner makes every effort to provide accurate and transparent quotes. However, landscaping projects can be unpredictable, and the Customer acknowledges that Variations may occur due to unforeseen site conditions, access issues or material availability. Yardner will communicate any Variation as soon as it becomes known.

Variations requested by the Customer will be confirmed in writing (including by email) before being carried out and will be charged at Yardner’s then-current rates.

If Yardner encounters site conditions that were not reasonably apparent at the time of quoting, including rock, rubble, buried waste, contaminated soil, poor drainage or unmarked services, Yardner may suspend the affected Works. Any additional work, materials or time required will be treated as a Variation.

Yardner does not handle or remove asbestos or other hazardous materials. If these are found, the Customer is responsible for engaging a licensed contractor at their own cost, and the timeline will be adjusted accordingly.

Plants and natural materials vary in size, colour and appearance. Images on the Site or in design concepts are for illustration purposes only, and supplied items may differ.

6. Customer responsibilities

The Customer agrees to:

1. 1Notify of site conditions: Inform Yardner before commencement of any underground services, cables, pipes, irrigation, rocks or other obstructions in areas where work will be undertaken.
2. 2Provide safe access: Ensure Yardner personnel and contractors have safe, lawful and unobstructed access to the work area, including clearance for machinery, tools and materials.
3. 3Protect personal items: Remove or protect valuable, fragile or movable items, including outdoor furniture, pots, ornaments and vehicles, from the work and access areas before commencement.
4. 4Keep the work area clear: Ensure children, pets and bystanders are kept away from active work areas.
5. 5Plant care and maintenance: Take full responsibility for the ongoing care, watering and maintenance of plants after installation. Yardner does not guarantee plant survival, growth or performance beyond installation.
6. 6Provide accurate information: Supply accurate and complete details in all communications and dealings with Yardner.
7. 7Permit variations: Accept that landscaping works are inherently variable and that unforeseen site conditions may result in changes to scope, cost or timing.

Third-party suppliers: Yardner may recommend suppliers or trades from our trusted network. While we select reputable contacts, we do not accept responsibility for the services, performance or conduct of third parties.

7. Yardner responsibilities

Yardner will:

1. 1Provide professional services: Deliver landscaping services with reasonable care, skill and attention, in accordance with industry standards.
2. 2Communicate variations: Notify the Customer promptly if unforeseen conditions require changes to the scope, timing or cost of the Works.
3. 3Use suitable materials: Supply and install plants, materials and equipment appropriate for the agreed project.
4. 4Safety and compliance: Comply with applicable health, safety and environmental regulations while performing the Works.
5. 5Customer support: Respond to reasonable enquiries and provide guidance on plant care, maintenance and post-installation considerations.

8. Existing structures, services and unavoidable damage

Yardner will take reasonable care to protect the property and will take reasonable steps to avoid damage wherever possible.

Landscaping involves heavy materials, machinery, excavation and physical labour, and some disturbance or minor damage may occur despite reasonable care being taken. This may include compaction or marking of lawns, minor scuffing or marking of paths, driveways and paving, disturbance to adjacent garden beds and plants, and soil or dust on surrounding surfaces. Where Yardner can reasonably anticipate this, it will discuss it with the Customer before the Works commence.

Yardner is not liable for:

• damage that is a reasonably unavoidable consequence of carrying out the Works with due care and skill;
• damage to underground services, pipes, cables or irrigation that were not disclosed to Yardner before commencement;
• damage to structures, surfaces or items that were already in a poor, deteriorated or non-compliant condition;
• damage to existing plants or trees affected by works identified in the Quote, such as root disturbance;
• damage to driveways, kerbs, paths or lawns from reasonable access by machinery and delivery vehicles; or
• damage to items the Customer was required to remove or protect under clause 6,

except to the extent the damage is caused by Yardner’s negligence. Nothing in this clause limits your rights under the Australian Consumer Law.

9. Payments

Yardner’s payment schedule is as follows:

• 50% deposit to secure and lock in the job
• 25% due 48 hours prior to the scheduled start date
• 25% due on Completion

All payments must be made via bank transfer to the account provided by Yardner.

Late or withheld payments may incur administrative fees. Yardner reserves the right to suspend or cancel services if payment is not received in accordance with this schedule, and to recover any costs incurred.

Overdue amounts accrue interest at 12% per annum from the due date until paid. The Customer is liable for all reasonable costs incurred by Yardner in recovering overdue amounts, including debt collection agency fees and legal costs.

10. Ownership and risk

Ownership of all plants, materials and goods supplied by Yardner remains with Yardner until all amounts owing are paid in full. Risk in those items passes to the Customer on delivery to the site.

11. Cancellations and rescheduling

Cancellations made more than seven (7) days prior to the scheduled start date may be accepted at Yardner’s discretion; however, the initial 50% deposit is non-refundable.

Cancellations made within seven (7) days of the scheduled start date may incur additional costs to cover materials, labour allocation or other expenses already committed.

If the Works are delayed or rescheduled by the Customer, Yardner reserves the right to adjust the timeline and costs to reflect changes in scheduling, resource availability or site conditions.

12. Delays

Yardner is not liable for delays caused by weather, site conditions, supplier or material delays, the acts or omissions of the Customer, or any other event beyond Yardner’s reasonable control. Timelines will be extended accordingly.

13. Completion

The Works are complete (“Completion”) when Yardner notifies the Customer in writing, including by email or text message, that the Works have been completed substantially in accordance with the Quote. Minor omissions or defects that do not prevent the reasonable use of the area do not prevent Completion.

The final payment is due on Completion.

Within five (5) Business Days after Completion, the Customer may give Yardner written notice, with photographs, of any item they reasonably consider incomplete or defective. Yardner will assess each item and, where it agrees the item is incomplete or defective, rectify it within a reasonable time. Listed items do not change the due date of the final payment.

If no notice is given within that period, the Works are taken to have been accepted as complete.

Plant establishment, natural settling of soil and mulch, weathering and seasonal variation are not defects.

14. Notification of issues and opportunity to rectify

If the Customer has any concern about the Works, they must:

1. 1notify Yardner in writing promptly, and in any event within ten (10) Business Days of becoming aware of the issue, with details and photographs;
2. 2give Yardner reasonable access to the property to inspect the issue; and
3. 3give Yardner a reasonable opportunity, of not less than fourteen (14) days unless the issue presents an immediate safety risk, to rectify it.

The Customer must not engage another contractor to rectify, alter or remove the Works without first giving Yardner this opportunity. To the extent permitted by law, Yardner is not liable for the cost of rectification by a third party, or for any issue arising from alterations made to the Works by anyone other than Yardner.

15. Dispute resolution and governing law

Yardner aims to resolve any concerns promptly and professionally. If a dispute arises, both parties agree to first attempt to resolve the matter through direct discussion. If the issue remains unresolved, either party may refer the matter to mediation before any formal legal action is taken.

These Terms are governed by the laws of South Australia, and any dispute arising from these Terms will be subject to the exclusive jurisdiction of the courts of South Australia.

16. Reviews and public comment

Yardner values honest feedback. If you have a concern, we ask that you raise it with us through the process in clause 14 before posting a review or public comment, so we have the opportunity to resolve it.

Any review or public comment you make about Yardner must be genuine, accurate and based on your own experience. You must not publish false, misleading or defamatory statements about Yardner, its staff or its contractors.

Yardner reserves the right to respond publicly to any review, to report reviews that breach a platform’s policies, and to take legal action, including seeking damages, in respect of any statement that is false, misleading or defamatory.

Nothing in these Terms prevents you from publishing an honest review of your experience.

17. Confidentiality

The Customer must keep confidential, and not disclose to any third party without Yardner’s prior written consent, Yardner’s Quotes and pricing, designs and plans, and the terms of any dispute resolution or settlement, except to their professional advisers or as required by law.

Yardner will keep the Customer’s personal information confidential in accordance with its Privacy Policy, except where disclosure is made:

• to Yardner’s legal advisers, insurers or debt collection agencies;
• to a court, tribunal or mediator;
• as required by law; or
• to the extent reasonably necessary to respond to a public statement the Customer has made about Yardner.

18. Privacy and data use

By using the Site and our services, you consent to the collection, use and disclosure of your personal information in accordance with Yardner’s Privacy Policy.

Cookies may be used to enhance your browsing experience. For more details, please refer to our Privacy Policy.

Yardner complies with the Australian Privacy Principles under the Privacy Act 1988 (Cth).

19. Intellectual property

All content, trademarks, logos, designs and design concepts on the Site or provided by Yardner are owned by Yardner or licensed to us. You may not use, reproduce or distribute this content without our prior written permission.

“Yardner” is a trade name exclusively associated with Yardner Pty Ltd and its landscaping services. Any unauthorised use or misrepresentation of the Yardner name or associated materials is strictly prohibited.

20. Photography

Yardner may photograph the Works for its records and for promotional use. Yardner will not publish the property address or any information identifying the Customer. The Customer may opt out of promotional use by notifying Yardner in writing.

21. Limitation of liability

To the fullest extent permitted by law, Yardner Pty Ltd, including its directors, employees, contractors and agents, will not be liable for any loss, damage or claim (whether direct, indirect, incidental, consequential or otherwise) arising out of or in connection with the supply of our services.

Yardner’s total liability for any claim will not exceed the total amount paid by the Customer for the relevant services. Nothing in these Terms excludes, restricts or modifies your rights under the Australian Consumer Law.

22. Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect.

23. Termination

Yardner may terminate services at any time if it reasonably believes you have breached these Terms or acted in a manner that puts Yardner or others at risk.

The obligations and liabilities of the parties incurred prior to termination survive termination.

24. Contact us

For questions or concerns about these Terms, please contact us at hello@yardner.com.au.