Terms and Conditions

Terms and Conditions of Canopy IQ Ltd (“The Company”)

These terms and conditions form the basis of the contract between Canopy IQ Ltd and you, the client. Your acceptance of our quote signifies your agreement to these terms.

1. Quotations & The Agreement

1.1. Notice of the Right to Cancel (“Cooling-off Period”): For consumer clients, you have the right to cancel this contract in writing within 14 days of accepting our quote.

1.2. Cancellation After Cooling-off Period: For all clients, a minimum of 48 hours' notice is required to cancel or postpone a scheduled survey. If cancellation occurs with less than 48 hours' notice, The Company reserves the right to charge a levy of 25% of the quoted fee to cover administrative costs and scheduling disruption (minimum charge £100 + VAT).

1.3. Validity: All quotations are valid for 60 days from the date of issue. After this period, The Company reserves the right to issue a revised quote.

1.4. Amendments to Scope: Should you request amendments to the survey's scope before or during the site visit, the quotation will be revised accordingly. Any changes must be agreed upon in writing (email suffices) before additional work is undertaken.

2. The Survey & Site Conditions

2.1. Site Access: The contract price is based on the site conditions as known at the time of quoting. You must ensure our surveyors have safe and unobstructed access to all relevant areas of the site to carry out the survey. Failure to provide access may result in postponement and/or a cancellation charge as per clause 1.2.

2.2. Site Hazards & Utilities: You must inform The Company of any known site hazards, including but not limited to, unstable structures, hazardous materials, or the location of any underground/overhead services. The Company shall not be liable for any damage to services not declared to us prior to the survey.

2.3. Weather: The Company reserves the right to postpone a survey in the event of inclement or dangerous weather conditions that pose a risk to our surveyors' health and safety. We will rearrange the survey for the earliest possible alternative date at no extra cost.

2.4. Third-Party Trees & Access: Where a survey requires access to a neighbouring property or involves trees not owned by you, it is your responsibility to obtain the necessary written permission from the relevant landowners before the scheduled survey date.

3. Reports, Copyright & Intellectual Property

3.1. Scope and Limitations of Reports: You acknowledge that our reports are based on a ground-level Visual Tree Assessment (VTA) or other specified methodology. This is a non-invasive, external inspection and represents a "snapshot in time." Our report does not constitute a guarantee of the future safety of any tree. Unless explicitly included in the quote, our survey does not cover: * The condition of a tree's root system or below-ground parts. * Internal or hidden decay and defects. * Soil analysis or conditions. * The impact of extreme weather events following the survey.

3.2. Copyright: All intellectual property rights and copyright for any report, plan, or document produced by Canopy IQ Ltd remain the sole property of The Company.

3.3. Use of Reports: Upon receipt of full payment, you are granted a perpetual, non-exclusive license to use the report and its contents for the specific purpose for which it was commissioned. You may not alter, amend, or distribute the report to third parties for any other purpose without the prior written consent of The Company.

4. Payment

4.1. Payment Terms: An invoice will be issued upon completion of the on-site survey. Payment is required in full prior to the release of the final report and any associated plans. Payment details will be provided on the invoice.

4.2. Late Payment: The Company reserves the right to charge interest on any overdue invoices at a rate of 8% above the Bank of England base rate, in accordance with The Late Payment of Commercial Debts (Interest) Act 1998.

4.3. Parking & Other Fees: Any parking fees or fines incurred by our surveyors while attending the site will be chargeable to you.

5. Liability & Insurance

5.1. Standard of Care: The Company will carry out all services with reasonable skill and care, in accordance with current industry best practice and guidance (e.g., BS 5837:2012 for planning surveys).

5.2. Liability Limitation: The Company's liability in connection with the services provided, whether in contract, tort, or otherwise, shall be limited to the total value of the fee paid for the services. We will not be liable for any indirect or consequential loss. You remain responsible for all management decisions and actions taken regarding your trees.

5.3. Insurance: The Company holds Public Liability insurance to a value of £5 million and Professional Indemnity insurance to a value of £1 million. Policy documents are available upon request.

5.4. 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. Statutory & Legal

6.1. 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.

6.2. 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.

6.3. 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.

6.4. 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.

6.5. Governing Law: This contract and any dispute arising from it shall be governed by the laws of England and Wales.