Terms and Conditions

Your use of this website, however accessed, implies you accept these Website Terms of Use in full. Do NOT use this website if you do not accept all the terms listed below.

Definitions

‘We’, ‘our’ means Caledonia Tree Care

‘You’, ‘your’ means you as a user of this website

“User content” means all online material including, but not limited to, text, images, logos, video material and audio-visual material that you submit to us by email, via our website or to any of our Social Media pages, for whatever reason and including Reviews.

Caledonia Tree Care may change these Website Terms of Use at our sole discretion. When updated, the revised version of our Website Terms of Use will take effect immediately it is published on our website. The onus is on you to check the Website Terms of Use currently in use.

Without notice or consent, we may elect to transfer, sub-contract or otherwise deal with our obligations and/or rights under these Website Terms of Use. You may not transfer, sub-contract or otherwise deal with your obligations and/or rights under these Website Terms of Use.

…….

We own the intellectual property rights contained within this website (ctc.scot) and we own all the content on this website (ctc.scot). We claim no ownership, derived benefit (financial or otherwise) from trademarks or copyrighted content belonging to third parties; these are protected by their legal owners. All these intellectual property rights are reserved subject to the restrictions listed below and anywhere else in these Website Terms of Use.

• You may not download any content from this website except for caching purposes only.
• You may not print pages or extracts from this website except for your own personal use.
• You may not sell nor rent nor sub-license any content from this website.
• You may not re-publish or replicate extracts/material from this website on any other website whether owned by you or otherwise.
• You may not reproduce, copy, duplicate or otherwise exploit extracts/material contained on our website (caledoniatreecare.co.uk) for financial gain or for any commercial purposes.
• You may not use any extracts/material from this website for public display.
• You may not edit, alter or otherwise change any extracts/material on this website (caledoniatreecare.co.uk).
• You may not upload or otherwise add any content to this website which contains any hidden code or images for any reason whatsoever.
• You may not re-distribute material from this website (caledoniatreecare.co.uk) which you either add to your service or product or use to enhance your commercial interests with the exception of content expressly made available for re-distribution.

…….

You must not use this website in connection with any illegal or fraudulent activity, nor for any illegal, fraudulent or damaging purpose. You must not use this website in any way that will damage the website or impair its availability or accessibility.

You must not carry out any automated or systematic data collection activities which include data mining, extraction, harvesting and scraping, on or in relation to our website.

You must not submit, or otherwise link or append, to this website (manually or automatically or by any other means) or otherwise propagate any content or material of any kind which contains computer worms, viruses, Trojan horses or any other types of malicious or harmful code.

You may not damage, modify or disrupt the files, data, passwords or any online resources that belong to this website or do anything that adversely affects the performance of this website.

You must not use our website in any way to transmit spam, junk mail, chain letters or unsolicited email. Also, you may not this website’s contact information (both telephone and email) to send automated messages.

You must not use our website for any usage relating to advertising, marketing or endorsement without first obtaining our specific written authority nor for any other business use without our specific written authority.

…….

By submitting user content, you automatically award us a worldwide, non-exclusive, irrevocable, royalty-free licence to use, copy, change, publish, translate and electronically distribute your user content in any existing or future media including our website. You also award us the power to sub-license these rights, and the right to bring a legal action if you breach any of these rights.

Your user content must not be criminal or unlawful, libellous or defamatory and must not violate our or any third party’s legal rights, and must not engender prosecution against anyone, whether against you or us or any Third.

Any user content submitted or supplied to this website or any of our Social Media Pages must not currently be, or has ever been, the subject of any pending or actual legal proceedings or any other legal complaint.

We reserve the right to remove or edit any material submitted to our website, or published or hosted on our website. Nevertheless, we do not accept any responsibility to monitor submission of any such content to our website, nor to monitor the publication of such content on our website.

…….

We make every effort to ensure that all information on this website is correct but we do not warrant that it is complete or without errors and we do not agree to ensuring that this website will continue to be available and accessible or that the content of the website is kept up-to-date. We do not guarantee the accuracy of information supplied by any third party link which may be displayed or otherwise found on this website.
In regard to the use of this website, we limit our liabilities to you under these Website Terms of Use as follows:

The website and its content and the information it includes and the services advertised on the website are provided without charge and as such no demand for any damage or loss of any nature will be acknowledge by us, nor will we be deemed liable for any indirect, consequential or special loss or damage, nor we will be liable for any loss of your business, goodwill or reputation,  nor will we be liable for any financial loss however sustained, nor will we be liable for any loss of information or data however stored.

Furthermore, we will not be liable or judged responsible for any damage or loss resulting from any event or events outwith our reasonable control.

…….

By using this website you consent to indemnify us and also agree to keep us indemnified against any costs, losses, damages, liabilities, penalties, costs and expenses (including, but not limited to, all legal costs and any sums paid by us to any Third Party in settlement of a claim or dispute on the advice of our legal advisers) sustained or borne by us arising from any breach by you of any part of these Website Terms of Use.

…….

If you breach these Website Terms of Use in any way, and without prejudice to our other rights set out in these Website Terms of Use, we may bring legal action as advised appropriate to deal with the breach, including removing your access to this website. We may use any of the following measures in restricting your access to this website: blocking computers using your Internet Protocol (IP) address from accessing this website, contacting your Internet Service Provider (ISP) and/or obtaining a court order.

…….

If any one part, or parts, of these Website Terms of Use is determined by a court or other competent authority not to be enforceable and/or lawful, then all other requirements remain in force.

……..

These Website Terms of Use form an agreement between you and us, and are not intended to apply to any Third Party or be enforceable by any Third Party. The execution of our rights and your rights pertaining to these Website Terms of Use is not conditional upon the approval of any Third Party.

…….

 These Website Terms of Use, together with our Website Privacy Policy, comprise the whole Agreement between you and us relating to your use of this website. Any previous agreements regarding your use of this website are voided.

These Website Terms of Use will be governed by and interpreted in accordance with Scottish Law. Any disputes relating to these Website Terms of Use will fall under the jurisdiction of the courts of Scotland.

In accepting the quotation, The Client accepts the following terms and conditions in full:

Definitions

The Contractor: Caledonia Tree Care

The Client: the person, business or authority instructing the works

The Arisings: removable materials (including, but not limited to, – twigs / branches / woodchips / logs / trunks / foliage etc.) generated as a result of the works

1. The Quotation

1.1 This estimate / quotation is valid for 60 days and takes into consideration any value, financial or otherwise, The Arisings may have, unless this is specifically stated otherwise.

1.2 The client has 14 days to cancel (‘Notice of the Right to Cancel’) the contract (in writing) from the acceptance date unless the agreed start date is prior to the 14^th day after the acceptance date.

1.3 The quotation will be amended, with agreed revisions signed by The Contractor and The Client, as a result of any changes in the site or ground conditions since the original visit.

1.4 The quotation will be amended, with agreed revisions signed by The Contractor and The Client, should additional works be requested by The Client at any time after acceptance of the quotation.

2. Standards of workmanship

2.1 The Contractor has £5 million Public Liability Insurance. A copy of the certificate is available on request. The contractor will conduct a Site Specific Risk Assessment prior to work commencing and at all times will operate in accordance with good industry practice and Health & Safety Policy and Procedures.

2.2 Dimensions specified relating to pruning are approximate and will be to the nearest appropriate pruning point.

2.3 Where the work includes stump-grinding, the stump-grinding will be to a depth of 150mm below the adjacent ground level and will include the removal of the stump but will not include the removal of lateral roots unless otherwise agreed. It is The Client’s duty to advise The Contractor of any underground services in the area around the stump prior to commencement of the job.

2.4 On completion of the works, the site will be left tidy and safe but because of the nature of the works including, but not limited to, the production of wood dust, wood chippings / twigs / leaves etc. and also the presence of site personnel and machinery, it will not be as it was prior to commencement of the works.

2.5 If the works last for more than one visit, between visits the site will be left in a safe state and as agreed with The Client beforehand.

2.6 The Client will be made aware by The Contractor of any constraints on the site whilst works are in progress, including, but not limited to, access to any buildings, outbuildings, pathways, driveways and car parking areas.

2.7 All Arisings will be removed from the site by The Contractor and become the property of The Contractor unless expressly stated otherwise in the quotation.

2.8 The Client must inform The Contractor, in writing or by email, WITHIN 48 HOURS of completion of the works of any aspect of the works that he/she considers unsatisfactory.

3. Legislative Requirements

3.1 It is the duty of The Client to inform The Contractor at the first opportunity if any tree(s) included in the works are the subject of a Tree Preservation Order (TPO) and/or whether any part of the site is located within a Conservation Area. The Contractor reserves the right to check for the aforementioned with the Local Planning Authority.

3.2 The Contractor will consider whether a Felling Licence is required from the Forestry Commission (FC) or if any other permissions / consultations are required. If The Contractor performs the task of obtaining any necessary licences / notifications, The Contractor reserves the right to charge an administrative fee and also be reimbursed by The Client for any third party fees.

3.3 The Contractor may be constrained by ecological and wildlife legislation (for example, but not limited to, Wildlife and Countryside Act 1981) and should this be the case, The Contractor will not be held liable in any way, nor be due any compensation whatsoever, for any delay this may cause.

3.4 Where works include third party trees (neighbours trees), The Contractor requires The Client to obtain written confirmation from the trees’ owner that the works are agreed and where necessary, that access to their property is permitted. If works only apply to overhanging branches which can be reached from within The Client’s property then permission is not needed but it is advised that the neighbour should be informed.

4. Payment

4.1 Due upon receipt of invoice and to be paid in full within 7 days

4.2 Plant hire costs to be paid in full prior to commencement of works

4.3 The Contractor reserves the right to request 25% payment prior to commencement of works

5.Weather Conditions / Postponement of Works

5.1 The contractor reserves the right to cancel or postpone any works due to adverse weather conditions or anything else that would add risk to or be deemed hazardous.