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1. Definitions

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1.1 In these conditions the following meanings shall apply:
1.2 “Ecovo” means Aimis Tree Care Limited, operating as a trading style Ecovo, providing the Consultancy Services.
1.3 “Client” means the individual or organisation commissioning services from Ecovo.
1.4 “Agreement” means the contract for the provision of Consultancy Services specified in the Schedule incorporating these conditions and made between the Client and Ecovo.
1.5 “Consultancy Services” means the arboricultural consultancy services provided by Ecovo as outlined in the quotation or instruction brief.
1.6 “Fees” refers to the charges specified in the Schedule together with any additions or deductions which may be agreed in writing.
1.7 “Variation” means any reasonable alteration, omission or addition required by the Client, advised by Ecovo in writing and accepted by the Client before proceeding.
1.8 “Schedule” means the agreed fee proposal or instruction scope/instruction brief agreed by the Client.
1.9 “Disbursement Items” are items or products purchased by the Client as a disbursement and utilised as part of Ecovo’s work (e.g. fencing, signposts, reptile refugia).

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2. Company Details and Contact Information

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2.1 Company Name and Registration: Ecovo is a trading style of Aimis Tree Care Limited, company no. 10719048.
2.2 Registered Office: Heath Cottage, Brentmoor Road, Woking, Surrey GU24 9NE.
2.3 VAT Registration: 356251109.
2.4 Contact Details: info@ecovo.co.uk | 07957301839.

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3. Ecovo Aim and Obligations

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3.1. Our Aim Ecovo aims to offer a fast and efficient survey and consultancy service at a fair cost.

3.2. Our Commitment Ecovo will: 

3.2.1. Give the Client independent advice; 

3.2.2. Explain our work clearly and avoid using technical language where possible; 

3.2.3. Ensure the Client is advised in writing of any costs associated with our work;

3.2.4. Survey and report with scientific integrity.

3.3. Skill and Care In consideration of the Consultancy Charges, Ecovo shall exercise all reasonable skill and care and diligence in providing the Consultancy Services and any agreed Variations.

3.4. Insurance Ecovo holds appropriate Public Liability and Professional Indemnity Insurance. Ecovo shall, if required by the Client, provide evidence of such cover.

3.5. Subcontracting Ecovo may subcontract elements of work but remains responsible for their performance.

3.6. Records Ecovo undertakes to maintain records of the Consultancy Services provided for a period of two years from completion and provide copies on request to the client upon reimbursement of reasonable copying charges.

3.7. Working Status Ecovo acknowledges that the Consultancy Services are provided as an independent contractor and no relationship of employee/employer or agency arises with the Client.

 

4. Agreement Formation and Instructions

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4.1 A contract is formed upon the Client’s acceptance (verbal or written) of Ecovo’s quotation.
4.2 Quotations are valid for 30 days unless otherwise stated.
4.3 Work commences only upon receipt of written instruction and completion of the booking form.
4.4 A returned email attaching Ecovo’s booking form and quotation constitutes binding instruction and the Client’s unequivocal agreement to these Terms.
4.5 Entire Agreement These Terms establish and represent the entire agreement between us. They supersede any previous or other agreement and override any prior communications or alternative customer terms unless explicitly agreed in writing by Ecovo. The Client confirms that in entering into these Terms they do not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms.

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5. Fees and Payment

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5.1 Payment Terms – Unless otherwise agreed in writing, payment is due immediately upon receipt of invoice. Reports and deliverables are released only after cleared payment.
5.2. VAT and Duties All sums due under these Terms are exclusive of Value Added Tax (“VAT”) or any other sales, import or export duties or taxes (if applicable) which shall be payable in addition at the same time as payment of any sums due.

5.3. Document Release Any survey reports, drawings and other documents shall only be provided to the Client following payment of our Fees due in accordance with these Terms in full.

5.4. Additional Fees and Variations Additional or unforeseen work not covered in the original quotation will incur additional charges. Ecovo reserves the right to revise any quote or provide a further quote if required to do work that is additional to that which was initially anticipated, and/or if the Client instructs Ecovo to carry out further work.

5.5. Time-and-Materials Basis Where Fees are calculated on a time-and-materials basis, this shall mainly be by reference to the amount of time actually spent by our surveyors and other staff carrying out any work, including (but not limited to) time spent travelling, meetings, reading, correspondence, and preparation of documents.

5.6. Client-Caused Delay If additional costs or delay is directly caused by discrepancies, errors or omissions in information supplied by the Client, the Client shall pay to Ecovo any such additional costs so incurred and allow a reasonable extension of time for the performance of the Consultancy Services.

5.7. Late Payment If the payment of any sum due is delayed, Ecovo shall be entitled to charge interest on the amount of our bill until the date of payment. Interest is charged at 8% above the Bank of England base ratefor the time being in force.

5.8. Recovery Costs The Client is liable for any costs (including but not limited to interest; compensation; Ecovo's Fees; disbursements) involved in recovering outstanding Fees, including those levied in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 as amended and those levied by third parties including but not limited to Debt Collectors, Solicitors and the Courts.

5.9. Disputed Invoices If any part of an invoice is disputed or queried by the Client, the Client must notify Ecovo in writing within 48 hours of receipt of the invoice, providing full details of the dispute and the amount in question.
The Client shall pay the undisputed portion of the invoice in full by the due date. Any disputed portion shall be dealt with promptly and in good faith, and the Client shall not unreasonably withhold payment.
If no written dispute is received within the 48 hour period, the invoice shall be deemed accepted and payable in full upon the due date.

5.10. No Set-Off The Client shall pay all amounts due under these Terms in full in cleared funds and without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).

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6. Disbursements

 

6.1. In the course of discharging your instructions, Ecovo may need to incur additional costs called disbursements (e.g., obtaining an Ordnance Survey tile or biological data).

6.2. Ecovo will advise the Client of the requirement for us to incur such costs and the likely expense.

6.3. Ecovo is entitled to the reimbursement of disbursements at cost plus a handling charge of £50.00 (fifty pounds) (exclusive of VAT).

6.4. If the Client instructs Ecovo to procure disbursements on their behalf, and then cancels their survey for any reason, the Client is still liable for the disbursement costs plus the handling charge of £50.00 (fifty pounds) (exclusive of VAT).

 

7. Cancellation Policy

 

7.1. General Cancellation Fee Should the Client cancel (for whatever reason) before a survey has been carried out, they will be liable to pay a cancellation fee of £250.00 (two hundred and fifty pounds) (exclusive of VAT), or an amount equal to 50% of the quote or estimate (exclusive of VAT), whichever is the greater, plus any disbursements already incurred.

7.2. Short Notice Cancellation Cancellations made less than 7 days before the scheduled start date will incur a minimum fee of £250 or 50% of the quoted value, whichever is higher. Disbursement costs already incurred are non-refundable.

7.3. Consumer Rights If the Client is a "Consumer" (as defined by regulation 4 of the Consumer Contracts Regulations 2013) and these Terms have been entered into as a "Distance Contract" (regulation 5 of the Regulations), the Client normally has a right to cancel instructions within 14 days of instructing Ecovo.

7.4. Express Request If the Client is a Consumer and provides an “Express Request” (regulation 36 of the Regulations) for Ecovo to begin work immediately or within the 14-day period, the Client’s cancellation rights under the Regulations will end.

7.5. Proportional Payment (Consumer) If the Client cancels after work commences but before the work is completed, the Client shall pay an amount which is in proportion to what has been performed until the cancellation is communicated.

 

8. Facilities, Access, and Site Conditions

 

8.1. Client Responsibilities The Client is exclusively responsible for making all necessary notices and arrangements to grant Ecovo safe access at all reasonable times to the site, and third-party landholdings (if any), and to secure it after Ecovo has left.

8.2. The Client must disclose known site hazards or hidden obstructions and ensure the site is free from hazards (e.g., loose pets, hazardous waste, medical paraphernalia, animal excrement).

8.3. Access Requirement Ecovo requires free and unfettered access to relevant areas of the site or property. Access must always be arranged by the Client in an appropriate timeframe and not less than one working day before Ecovo is due to visit. Ecovo must be given unrestricted and safe access during normal working hours.

8.4. Downtime Any delays caused by restricted access or downtime incurred as a result of restricted access, that is not the fault of Ecovo, may be chargeable.

8.5. Reliance Information provided to Ecovo by the Client or third parties will be relied upon and will not be verified or checked for accuracy by Ecovo. Ecovo cannot guarantee the accuracy of survey data where there is no easy access to the subject or in the event Ecovo is supplied with inadequate documentation or information on which to base the work.

8.6. Required Plans Depending upon the survey type, the Client may need to supply a topographical survey drawing (e.g., AutoCAD DXF or DWG format) showing clearly all salient features of the site. This drawing must be correctly geo-referenced.

8.7. Disbursement Items Ecovo does not accept any responsibility whatsoever for the collection, recovery or disposal of any Disbursement Items.

8.8. Site Condition While care is taken, minor ground disturbance may occur, especially with heavy access or timber felling. Remedial works are the Client’s responsibility unless otherwise agreed.

 

9. Liability and Insurance

 

9.1. The provisions of this clause are subject to the limitations in Clause 9.3 and the general limitations in Clause 9.2.

9.2. Non-Excludable Liability Nothing in these Terms limits any liability which cannot legally be limited, including but not limited to liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, and breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.

9.3. Limit of Liability Except in the case of death or personal injury caused by Ecovo’s negligence, Ecovo’s liability under or in connection with this agreement shall not exceed the greater of the fees or the amount recoverable under Ecovo's professional indemnity policy. Furthermore, Ecovo’s total aggregate liability under or in connection with this Agreement shall not exceed the lesser of five (5) times the total Fees paid or £50,000, whichever is lower.

9.4. Exclusion of Consequential Loss Ecovo shall not be liable for any loss or damage or expenses of any nature incurred or suffered by the Client of an indirect or consequential nature, including without limitation any economic loss, loss of profits, turnover, business, or goodwill. Ecovo will not be liable to the Client for any loss of revenue or profit whether potential or realised, or any potential or realised foregone economic or business opportunity, for any reason.

9.5. Client Input and Third-Party Actions Ecovo will not be liable to the Client for any losses, damages, costs or expenses if such Losses are due to the provision of false, misleading or incomplete information or documentation, or due to the acts or omissions of any person other than a member of permanently employed staff at Aimis Tree Care Limited/Ecovo.

9.6. No Individual Claims The Client agrees not to pursue any claim, issue or other legal proceedings against any individual including shareholders, directors and employees of Aimis Tree Care Limited/Ecovo for any reason.

 

10. Intellectual Property and Documents

 

10.1. Vesting of Rights Unless otherwise agreed in writing, all intellectual property rights arising out of the provision of the Consultancy Services shall vest in Ecovo.

10.2. Title Retention The title to Ecovo’s intellectual property and copyright covering all work issued (whether hard copy or digital media) remains in Ecovo's ownership until paid for in full, and can be subject to withdrawal from either public or private domain if payment terms are exceeded. The continued use of Ecovo’s intellectual property, by any party following withdrawal shall be considered a breach of the Terms and copyright. All documents and deliverables remain the property of Ecovo until full payment is received.

10.3. Licence Grant Subject to Ecovo having been paid all sums due under the agreement, Ecovo shall grant to the Client a worldwide non-exclusive non-transferable royalty free licence to use and have used the intellectual property for any purpose.

10.4. Data Storage Ecovo does not accept any responsibility to store the Client's data or files and has the right to destroy them after such period Ecovo considers reasonable, which may be less than one year. During the engagement, Ecovo will not store or make available for retrieval the Client’s data or files.

10.5 Ecovo processes personal data in accordance with UK GDPR and the Data Protection Act 2018, and only as necessary to perform its services or legal duties.

 

11. Confidentiality

 

11.1. Ecovo and the Client shall keep confidential all information of the other party (whether marked as confidential or not) obtained under or in connection with the provision of the Consultancy Services and shall not divulge the same to any third party save with the prior written consent of the other party.

11.2. The provisions of this clause shall survive termination of the Agreement and continue to apply for a period of two years post termination.

11.3. This clause shall not apply to information in the public domain (otherwise than by breach of this clause); or information obtained from a third party who is free to divulge the same; or where such confidential information is required to be divulged by law.

 

12. Termination

 

12.1. Breach If either party is in breach of its obligations and fails to remedy such breach (if capable of remedy) within 14 days of receiving written notice to remedy the breach then the Agreement may be terminated forthwith by the party not in default without prejudice to the accrued rights of the parties.

12.2. Insolvency If either party shall become insolvent or bankrupt or commence winding up (save for solvent amalgamation or reconstruction) the other party shall be at liberty by written notice to terminate the Agreement forthwith.

12.3. Ecovo Right to Stop Work Ecovo may decide to stop working for the Client if there is or may be a conflict of interest, where the Client fails to produce satisfactory evidence of identity, or where there is another good reason (such as failing to pay a bill in accordance with these Terms). Ecovo will give up to 24 hours’ notice in writing (which may be by e-mail) if we decide to stop working for the Client. If either party terminates, the Client will pay Ecovo’s Fees up until that point with immediate effect.

 

13. Force Majeure

 

13.1. Neither party shall have any liability for delay or failure in performance which results from events, circumstances or cases beyond the reasonable control of that party.

13.2. The party affected by such circumstance shall notify the other party if such circumstance occurs. If such circumstance continues for a period of more than three months either party may terminate this Agreement by written notice.

 

14. Ecological Compliance, and Seasonality

 

14.1. Ecological Constraints Work may be postponed if protected species or ecological constraints are identified (e.g., nesting birds or roosting bats) in compliance with the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2012.

14.2. Seasonality If, from a combination of field survey and desk study, the site appears to be suitable to host protected habitats and/or species, Ecovo may need to recommend further survey work within an established ‘optimal’ season. In this event, any such further survey would form part of a separate instruction and fee agreement, and the Client shall not be entitled to any set-off or refund against the original instructions.

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15. Complaints and Quality Acceptance

15.1 Complaints must be raised in writing within 48 hours of completion and will be handled under Ecovo’s internal procedure.
15.2 Acceptance of Quality By forwarding any report, survey or other work to a third party (including but not limited to local planning authorities) and thereby using it for its intended purpose, the Client is deemed to have accepted the quality of such work and shall not be entitled to any set-off or refund.
15.3 Third-Party Reliance – Reports are for the Client’s sole use and purpose. No liability to third parties.

 

16. Agency and Joint/Several Liability

 

16.1. Agents If the Client is instructing Ecovo on another party’s behalf (“Agent”), the Agent agrees to Joint and Several Liability for the Fees.

16.2. Joint and Several Liability In the event that two or more individuals or parties are instructing Ecovo, including Agents instructing on behalf of their clients, the individuals or parties shall be jointly and severally liable for their respective obligations and liabilities arising under this agreement.

16.3. Ecovo may take action against, or release or compromise the liability of any person with Joint and Several Liability or grant time or other indulgence without affecting the liability of any other person.

 

17. Governing Law, Jurisdiction, and Third-Party Rights

 

17.1. Governing Law This contract shall be governed by and construed under the laws of England and Wales.

17.2. Jurisdiction Any dispute or legal issue arising from these Terms will be considered exclusively by the English and Welsh Courts.

17.3. Third Party Rights These Terms are made for the benefit of the parties to them and their successors and permitted assigns. No term of this Agreement is intended for the benefit of any third party, and the parties do not intend that any term of this contract shall be enforceable by a third party either under the Contracts (Third Parties) Act 1999 or otherwise.

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