These are the Website Terms and Conditions that apply to your use of our website. They apply equally however you access this website, including but not limited to: the internet, mobile phones, RSS feeds, PDAs (Personal Digital Assistants).

Your use of this website implies your acceptance of these Website Terms and Conditions in their entirety. You must NOT use this website if you do not accept all these terms and conditions.

These Website Terms and Conditions may change at any time at our sole discretion. If we do revise our Website Terms and Conditions, the updated version will take immediate effect on the publication of the revised Website Terms and Conditions on our website. It is your duty to check the Website Terms and Conditions currently effective. We undertake to notify current and recent clients of changes to these Website Terms and Conditions by email, where possible.

Without notifying you and without seeking your consent, we may opt to transfer, sub-contract or otherwise deal with our obligations and/or rights under these Website Terms and Conditions. You may not transfer, sub-contract or otherwise deal with your obligations and/or rights under these Website Terms and Conditions.

Section A. Licence to use this website (including intellectual property rights)
Unless otherwise noted, we (or our licensors) own the intellectual property rights within the epictreecare.co.uk website and we (or our licensors) own all material on the website. claim no ownership, derived benefit or value from copyrighted or trademarks protected by registry which belong to third parties; these are protected by their legal owners. All these intellectual property rights are reserved subject to the restrictions given below and anywhere else in these Website Terms and Conditions.

You may:

(i)   view pages

(ii) download only for caching purposes

(iii) print pages/extracts from the website for your own personal use only.

 

You may not:
(i) sell or rent or sub-license extracts/material from this website

(ii) re-publish content/extracts/material from this website

(iii) re-publish or replicate extracts/material from this website on any other website
(iv) use any extracts/material from this website for public display
(v) reproduce, duplicate, copy or otherwise exploit extracts/material on our website for financial gain or for a commercial purposes
(vi) edit, alter or otherwise change any extracts/material on this website
(vii) re-distribute material from this website which you either add to your service or product or use to enhance your commercial interests with the exception of content purposely and expressly made available for re-distribution (for example, our newsletter).

(viii) upload or otherwise add any content which contain hidden code or images for any reason whatsoever.

 

Section B. Description of acceptable use of this website
You must not use this website in any way which is illegal, fraudulent or damaging, or in connection with any illegal, fraudulent or damaging purpose, scheme or activity. You must not use this website in any way that causes, or may cause, harm to the website or impair its availability or accessibility.

 

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

 

(ii) Data Mining Activity. You must not conduct any systematic or automated data collection activities (including data mining, extraction and harvesting and including scraping) on or in relation to our website unless we have expressly consented to this in writing.

(iii) Spam. You must not use our website in connection with the transmission of spam, junk mail or chain letters and must not use this website in any way to engage in mass distribution of unsolicited email. Additionally, you may not this website’s contact information (both telephone and email) to send automated messages.

(iv) Site Disruption. You may not damage, change or disrupt the files, data, passwords or online resources that belong to this website or do anything that compromises the stability of this website.

(iv) Other marketing/commercial activities. You must not use our website for any purpose pertaining to advertising, promotion or marketing without our express written consent nor for any other commercial purpose without our express written consent.

Section C. Your user generated content
In these Website Terms and Conditions, “user content” means online material (including without limitation text, audio material, images, logos, video material and audio-visual material) that you submit to our website or to any of our Social Media pages, for whatever purpose and including Reviews. In submitting your user content as described above, you automatically grant to us a worldwide, non-exclusive, irrevocable, royalty-free licence to use, copy, adapt, publish, translate and electronically distribute your user content in any existing or future media including our website. You also grant to us the entitlement to sub-license these rights, and the right to bring an action if you infringe any of these rights.

(i) Your user content must not be illegal or unlawful, libellous or defamatory without foundation and must not infringe our or any third party’s legal rights, and must not be capable of giving rise to legal action against whomsoever, whether against you or us or any Third Party (in each case under any applicable law).

(ii) You must not submit or supply any user content to this website or any of our Social Media Pages that is, or has ever been, the subject of any pending or actual legal proceedings or any other similar legal complaint.

(iii) We reserve the right to delete or edit any material submitted to our website ( whether submitted legally or illegally), or published or hosted on our website. However, 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. HERE

Section D. Limited warranties and limitations of liability
To the maximum extent allowed, by any applicable law, we exclude all warranties, representations and conditions relating to this website and the use of this website. This includes, without limitation or restriction, any warranties implied by law deemed to be of satisfactory quality, fitness for purpose and/or the use of care and skill considered reasonable).

We try to make sure that all information on this website is correct. Nevertheless, we do not guarantee it is complete or without errors and we do not consent to ensuring that the website remains available and accessible or that the details/material on the website are kept up-to-date. We do warrant the accuracy of information supplied by third party links, including any maps, which may be displayed or otherwise found on this website.
We limit our liabilities to you regarding the use of this website under these Website terms and Conditions as follows:

(i) the website and the information it contains and the services advertised on the website are provided free-of-charge and as such no claim for any loss or damage of any nature will be accepted by us, nor will we be deemed liable for any indirect, consequential or special loss or damage, nor we will be liable for any financial loss however sustained, we will be liable for any loss of your business, goodwill or reputation, we will be liable for any loss of data or information however stored.

(ii) We will not be liable or deemed responsible for any loss or damage resulting from any event or events beyond our reasonable control.

Section E. Indemnity
By using this website you agree to indemnify us and also undertake to keep us indemnified against any costs, damages, losses, penalties, liabilities, costs and expenses (including, without limitation, all legal expenses and any amounts paid by us to a Third Party in settlement of a claim or dispute on the advice of our legal advisers) sustained or suffered by us arising from any breach by you of any part of these Website Terms and Conditions, or arising out of any claim that you have breached any part of these Website Terms and Conditions.

Section F. Breaching these Website Terms and Conditions
Without prejudice to our other rights set out in these Website Terms and Conditions, if you breach these Website Terms and Conditions in any way, we may bring action as considered appropriate to deal with the breach, including withdrawing your access to this website. We may employ any or all of the following means of restricting your access to this website: blocking computers using your IP (Internet Protocol) address from accessing this website, contacting your ISP (Internet Service Provider) and/or asking the court to intervene.

Section G. Severability
If any part of these Website Terms and Conditions is determined by any court or other competent authority not to be enforceable and/or lawful, then all other provisions will remain in effect. If it is deemed that any unenforceable and/or unlawful provision would be lawful or enforceable if part of it were to be were deleted or otherwise changed, then that part will be deemed to be deleted or otherwise changed, and the rest of the provisions will remain in effect.

Section H. Exclusion of Third Party rights
These Website Terms and Conditions are to help and benefit the agreement between you and us, and are not intended to apply to any Third Party or be enforceable by any Third Party. The implementation of our and your rights in relation to these Website Terms and Conditions is not subject to the approval of any Third Party.

Assignation of entire agreement
These Website Terms and Conditions, in conjunction with our Website Privacy Policy, constitute the entire Agreement between you and us concerning your use of this website. All and any previous agreements regarding your use of this website are superseded.

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

The Contractor – the person or business undertaking the works & The Client – the person or business instructing the works (and in so doing, and accepting the quote, agrees to / accepts the following terms and conditions.)

1) ‘Notice of the Right to Cancel’ – the client has 14 days to cancel the contract (in writing) from acceptance date.

2) This quotation/estimate is valid for 60 days and takes into account any ‘value’, monetary or otherwise, the arisings may have unless stated otherwise.

3) All works will be in accordance with the current British Standard 3998 ‘Tree Work Recommendations’ where possible unless specified otherwise. Dimensions specified are approximate and, wherever possible, will be to the nearest appropriate pruning point.

4) In the event of a variation to the quotation as a result of:

a. Amendments to works required prior to arriving on site, or

b. Changes in site / ground conditions since the original visit, or

c. Additional works requested / required whilst on site.

The quotation will be revised accordingly, either electronically in advance or in a hand written on the day of work, with agreed amendments signed by the contractor and the client.

5) Stump-grinding will be to a depth of 150mm below the immediately adjacent ground level and will include the removal of the stump and buttress roots but will not include lateral roots unless otherwise specified. The client will advise the contractor of any underground services in the vicinity of the stump prior to starting the job.

6) All arisings (inc. twigs / branches / woodchips / logs / trunks / foliage etc) will be removed from site and become the property of the contractor unless specifically stated otherwise in the quotation.

7) On completion of the works, an invoice will be raised and payment is required within 7 days. Unsatisfactory completed jobs MUST be immediately notified, in writing / by email, to the contractor or within a minimum period of 48 hours.

8) Prior to starting the job the client will advise the contractor of:

a.Whether the tree(s) are the subject of a Tree Preservation Order,

b.Whether the trees are located within a Conservation Area.

Following written/verbal instructions from the client, the contractor will check for the aforementioned with the Local Planning Authority (LPA).

The contractor will also consider whether a Felling Licence is required from the Forestry Commission (FC) or if any other permissions / consultations are required, i.e. Scottish Natural Heritage. Please note – if the contractor undertakes the necessary LPA application / notification an appropriate administrative charge of £25 will be incurred. Similarly a charge may be incurred for obtainment of a FC felling licence.

9) Where works are proposed to third party trees, i.e. ‘neighbours trees’, the contractor will require written confirmation from the tree owner (‘the neighbours’) that the works are agreed and where necessary, that access is permitted. If works only apply to overhanging branches that can be pruned from within the client’s property then permission is not required but the neighbour should be advised where practicable (please also see 7. above as this may also apply.)

10) The contractor has £5 million Public Liability Insurance and a copy of the certificate is available on request. The contractor will operate in accordance with good industry practice, their Health & Safety Policy and Procedures and undertake Site Specific Risk Assessments (the outcomes of which may place constraints on the site whilst works are in progress, i.e. the client can’t access their shed without prior agreement from ground staff.)

11) The site will be left generally ‘clean, tidy and safe’ but because of the very nature of the works including the production of wood dust, chainsaw / wood chippings / twigs / leaves and needles etc. and the traversing of site personnel it will not be as it was prior to commencement of works.

12) If the works spread over multiple days, the site will be left appropriately and safe and as agreed with the client beforehand.

13) The contractor will undertake the works as scheduled but is aware of / may be constrained by ecological and wildlife legislation including:

a. Wildlife and Countryside Act 1981

b. Countryside and Rights of Way Act 2000

c. Conservation of Habitats and Species Regs. 2012 (amendment)

This legislation requires the contractor to assess the impact of the works which may result in works being delayed as a result of nesting birds, roosting bats or similar being present.