Terms and Conditions

Terms & Conditions

These terms and conditions govern the services provided by Canopy IQ Ltd ("The Company") to you ("The Client"). By commissioning our services, you agree to be bound by these terms.

0. Company Information

0.1. Canopy IQ Ltd is a private limited company registered in England and Wales.

0.2. Companies House Number: 16563292

0.3. VAT Registration Number: GB 500336446

0.4. Registered Office: Middle South, Tatsfield Approach Road, Westerham, TN16 2JT

1. Quotations & Services

1.1. Validity: All quotations provided by Canopy IQ are valid for a period of 30 days from the date of issue. After this period, we reserve the right to review and potentially amend the quotation.

1.2. Scope of Work: The services provided will be limited to those outlined in the agreed-upon quotation or proposal. Any additional work requested will require a new quotation.

1.3. Subcontractors: We reserve the right to engage competent subcontractors to carry out part or all of the services. This does not diminish our obligations to you.

2. Fees & Payment

2.1. Payment Terms: Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date. We require payment in full prior to the release of any final reports, plans, or associated documentation.

2.2. Purchase Orders: For clients providing a valid Purchase Order Number, we may agree to alternative payment schedules to align with standard payment runs. This must be confirmed in writing by Canopy IQ before work commences.

2.3. Interim Invoicing for Client Delays: Where the completion of our service (e.g., the final report) is delayed by more than 14 days due to the client's failure to provide necessary information (such as site plans, drawings, or access), Canopy IQ reserves the right to issue an interim invoice for the portion of the work already completed. The standard 14-day payment term will apply to this invoice. The final report will be completed and released once the required information is provided and the final balance is settled.

2.4. Late Payment: We reserve the right to charge interest on any overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Interest may accrue in addition to any fixed-sum compensation and reasonable recovery costs incurred in collecting overdue sums.

2.5. Abandonment or Withdrawal: If the client withdraws from the project, fails to provide required information within a reasonable period (typically 30 days), or otherwise renders the completion of the final report impossible, Canopy IQ reserves the right to issue an invoice for the completed site survey and any associated work undertaken to date. This portion of the fee is non-refundable and payable under the standard 14-day terms.

2.6. Interim Invoices (General): Without prejudice to clause 2.3, we may raise interim invoices at any time for work completed and/or disbursements incurred up to the invoice date.

2.7. No Set-Off: All amounts due shall be paid in full without set-off, counterclaim, deduction, or withholding, other than as required by law.

2.8. Withholding of Deliverables: We may withhold or withdraw documents (including draft or final reports, plans, and data) until all sums due are paid in full.

2.9. Fee Adjustments: We reserve the right to adjust our fee if the performance of the services is materially delayed or disrupted for reasons outside our reasonable control, or if corrections are required as a result of errors, inaccuracies, or omissions in information supplied by the Client.

3. Client Obligations

3.1. Provision of Information: The client agrees to provide, in a timely manner, all necessary documents, information, and safe site access required for Canopy IQ to perform the agreed services.

3.2. Delays: Canopy IQ is not liable for any delays or costs incurred as a result of the client's failure to provide the required information, access, or approvals.

3.3. Acting on Recommendations: The Client is solely responsible for acting on any recommendations, including timescales, set out in our reports. We are not liable for any loss or damage (including tree failure) resulting from the Client's failure to implement such recommendations.

3.4. Third-Party Contractors: Where the Client engages a third-party contractor (e.g., a tree surgeon) to carry out works recommended in our report, the Client is responsible for ensuring that contractor is competent, suitably qualified, and adequately insured.

4. Cancellation

4.1. Cancellation by Client: Should you need to cancel a scheduled site visit, we require a minimum of 48 hours' notice. Cancellation within 48 hours of the scheduled visit may incur a charge to cover administrative and preparatory costs, up to 50% of the quoted fee for the site visit portion of the work.

4.2. Aborted Visits: If our surveyor cannot obtain access as arranged, or if conditions on site present health and safety risks outside our control, the visit will be considered aborted. We reserve the right to charge for all time incurred for the aborted visit (including administration and travel) at our standard consultancy rate. A separate fee will apply for any rescheduled visit.

5. Insurance & Liability

5.1. Insurance: The Company holds Professional Indemnity insurance to a value of £1 million and Public and Products Liability Insurance to a value of £1 million. We will maintain such insurance for a period of 6 years following completion of the services. Policy documents are available upon request.

5.2. Limitation of Liability: Our total aggregate liability arising out of or in connection with the services (whether in contract, tort, negligence or otherwise) shall not exceed the lesser of five (5) times the fees paid and/or payable for the relevant services or £50,000. Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited by law. We are not liable for any indirect or consequential loss, including loss of profit, revenue, or business opportunity.

5.3. Force Majeure: The Company shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control.

6. Intellectual Property & Copyright

6.1. Copyright: Canopy IQ retains full copyright of all reports, plans, and documents produced, including digital and printed formats. We grant the client a licence to use the documents for the specific purpose for which they were commissioned.

6.2. Licence Condition: This licence is conditional upon the full payment of the associated invoice. The use of any documentation before full payment is made constitutes a breach of these terms.

6.3. Withdrawal for Non-Payment: We may withdraw permission to rely on, reproduce, or distribute our documents if payment terms are exceeded. Continued use following withdrawal is prohibited.

7. Statutory & Legal

7.1. Tree Preservation Orders & Conservation Areas: As part of our service where relevant, The Company will perform a check with the Local Planning Authority (LPA) to determine if the trees are subject to a Tree Preservation Order (TPO) or are located within a Conservation Area. It remains your responsibility to check for any other legal protections, such as restrictive covenants.

7.2. Wildlife Legislation: We are bound by wildlife legislation (e.g., Wildlife & Countryside Act 1981). If protected species such as nesting birds or roosting bats are discovered, work may be delayed or modified to avoid disturbance. Any such delays or necessary modifications are not a breach of contract.

7.3. Complaints: Any complaint regarding our services must be raised in writing within 7 days of receiving your final report. We will investigate and respond to all complaints promptly and professionally. If you remain dissatisfied, you may request escalation to a Director for a formal review.

7.4. Data Protection: We are committed to protecting your privacy in accordance with UK data protection law. We will only use your personal data for the purpose of providing our services and will not share it with third parties without your consent, unless required by law. Please see our Privacy Policy for more details.

7.5. Governing Law: This contract and any dispute arising from it shall be governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.

8. Limitations & Assumptions

8.1. Desk-Based Assessments: Where site access is not possible, our assessment may be based on available aerial imagery or third-party data. These limitations will be clearly stated in the report.

8.2. Tree Inspection Limitations: Our inspections are visual and non-invasive unless otherwise stated. Trees are living organisms and subject to natural changes and failure; no guarantee can be given as to their safety beyond the date of inspection.

8.3. Seasonality: Certain surveys or follow-on assessments may be seasonally constrained. Where additional seasonal surveys are required, these will constitute separate instructions and fees.

9. Report Use & Third Parties

9.1. Intended Use: Reports are prepared solely for the use of the instructing client and for the specific purpose outlined in the report. No liability is accepted for reliance by any third party without written consent from Canopy IQ.

9.2. Draft Reports & Reliance: Where information is incomplete or access restricted, we may issue a draft report noting limitations. Drafts are not to be relied upon for formal submission or decision-making.

10. Site Access & Health & Safety

10.1. Access Requirements: Safe and unimpeded access to the site and all relevant trees must be provided. We reserve the right to postpone or cancel a site visit if access is not provided or if health and safety risks are present.

1G0.2. Site Plans & Drawings: Depending on the service, you may need to supply a topographical survey (e.g., DWG/DXF) showing all relevant site features. In the absence of an adequate plan, you authorise us to procure suitable mapping at additional cost (see Disbursements).

11. Instructions & Contract Formation

11.1. We will not commence work without written confirmation (e.g., signed quotation, purchase order, or email acceptance of our proposal and these terms).

11.2. Continuing instructions, provision of information, or allowing a site visit to proceed also constitute acceptance of these terms.

12. Disbursements

12.1. Third-party costs (e.g., Ordnance Survey mapping, data from LPAs/records centres, statutory fees, courier/printing) are charged in addition to our fees.

12.2. A reasonable administration charge may be applied to disbursements. Disbursements are payable whether or not the project proceeds.

13. Agents & Joint Instructions

13.1. Where an agent (e.g., architect, planner) instructs us on behalf of a client, the agent and client are jointly and severally liable for payment of our fees and compliance with these terms.

13.2. Where multiple parties instruct us, each party is jointly and severally liable.

14. Consumers & Distance Contracts

14.1. Where the Client is a consumer and these terms are agreed remotely, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may apply. You may cancel within 14 days of acceptance unless you request that we begin work within this period.

14.2. If work begins within the 14-day period at your request, you remain liable for reasonable charges for work performed and any disbursements incurred up to the date of cancellation.

15. Data Retention

15.1. Project files and correspondence may be securely destroyed after a reasonable period (typically 12 months) unless otherwise agreed in writing.

16. Entire Agreement & Assignment

16.1. These terms, together with any written quotation or proposal, constitute the entire agreement between the parties and supersede any prior understandings.

16.2. No variation shall be effective unless agreed in writing. These terms are for the benefit of, and binding upon, permitted successors and assigns.

17. Our Commitment

We aim to provide clear, impartial, and professional arboricultural advice, communicated in accessible language and grounded in best practice.

18. Schedule of Service Limitations

18.1. General Limitations:

• All inspections are visual and non-invasive unless explicitly stated otherwise in the quotation.
• Observations are taken from ground level only. We are not liable for any defects or features that are not visible from a ground-level inspection (e.g., obscured by dense vegetation, ivy, or other obstructions, or internal defects with no external indicators).
• It is the Client's responsibility to ensure trees are assessable and visible. We are not required to clear vegetation or debris to gain access.
• Trees are dynamic, living organisms. Our reports are a "snapshot in time" and valid only at the date of inspection. No guarantee is given as to the safety of any tree, and we are not liable for any tree failure after the date of inspection, particularly following extreme weather events.

18.2. Tree Condition Surveys (Health & Safety):

• We recommend that trees in high-occupancy areas are re-inspected at a reasonable frequency, typically every 18-24 months, or immediately following any major storm event.

18.3. BS 5837 Planning Surveys:

• A BS 5837:2012 survey is for planning and development purposes only. It is not a comprehensive health and safety inspection of the trees. While obvious hazards may be noted, the survey should not be relied upon as a full assessment of tree risk.