Terms of Service

These Terms of Service govern your use of the HONG LUC website and your engagement of HONG LUC Garden Studio ("HONG LUC", "the Studio", "we", "us" or "our") for garden concept design, landscape planning and related creative services. By browsing this website, submitting an enquiry, or commissioning any work, you agree to the terms set out below. Please read them carefully and keep a copy for your records.

1. Who we are and what we do

HONG LUC is a garden and landscape design studio. We create concepts for gardens, ornamental landscapes and open spaces for private and commercial sites, including garden concept design, landscape master planning, decorative garden projects, outdoor living space design, planting scheme development, seasonal landscape planning and custom landscape projects. Our work is primarily creative and advisory: we design, plan, visualize and, where agreed, provide supervision during realization. Unless a written proposal expressly states otherwise, we do not act as a general contractor and do not perform physical construction, excavation, utility, structural, drainage or arboricultural works ourselves.

2. These terms and your project agreement

These Terms of Service apply to your general use of the website and to any preliminary discussions. When you commission a project, we will provide a separate written proposal, scope of work or design agreement (a "Project Agreement") that sets out the specific services, deliverables, fees, timeline and conditions for your commission. Where a Project Agreement and these Terms conflict, the Project Agreement governs for that commission. Nothing on this website, including indicative price ranges, constitutes a binding offer; it is an invitation to discuss a possible commission.

3. Enquiries, quotations and indicative pricing

Any prices shown on this website are indicative starting figures expressed as "from" amounts. They are provided to help you gauge the general scale of investment for a service and are not fixed quotations. The fee for your commission depends on the size and complexity of the site, the depth of the concept, the number of design iterations, site visits, the level of documentation required and other factors specific to your project. A firm quotation is provided only in a written proposal after we have discussed your requirements. Quotations are valid for the period stated in the proposal and, if no period is stated, for thirty (30) days.

4. Commissioning a project

A commission begins when you accept a written proposal in writing and, where required, pay any initial design fee or deposit specified in that proposal. Until acceptance and, where applicable, payment of the deposit, we are under no obligation to begin work and reserve any dates discussed with you for other clients. We may decline any enquiry or commission at our discretion, including where a project falls outside our expertise, geography or availability, or where the requested timeline is not feasible.

5. Your responsibilities as a client

Good design depends on good information. To allow us to work effectively, you agree to provide accurate and complete information about the site and your requirements, including survey data, boundary and ownership details, existing service and utility locations, relevant permissions and any known restrictions affecting the land. You agree to grant safe and reasonable access to the site for agreed visits, to respond to design queries and approval requests within a reasonable time, and to obtain any planning consents, permits, association approvals or third-party permissions that the realization of a design may require. We rely on the information you supply and are not responsible for errors, delays or additional costs arising from information that is inaccurate, incomplete or provided late.

6. Design process, approvals and revisions

Our design process typically moves through immersion, sketch concept, visualization and, where agreed, realization support. Each Project Agreement specifies how many concept directions and rounds of revision are included. Additional concepts or revisions beyond the agreed number, or changes requested after you have approved a stage, may be treated as additional work and charged accordingly. Your written approval of a design stage confirms that we may proceed on the basis of that approved design; changes you request after approval may affect the fee and the timeline.

7. Fees, invoicing and payment

Fees, payment stages and any deposits are set out in your Project Agreement. Unless stated otherwise, invoices are payable within the number of days stated on the invoice from the invoice date. We may structure fees in stages tied to design milestones. We reserve the right to pause work on a commission where an undisputed invoice remains unpaid, and to charge reasonable interest on overdue amounts to the extent permitted by applicable law. Any third-party costs, disbursements, plants, materials, printing, specialist consultants or travel beyond an agreed radius are additional unless expressly included in the proposal.

8. Timelines and delays

Any timeline we provide is a good-faith estimate based on the information available and our workload at the time. Design is an iterative and weather- and season-sensitive discipline, and completion dates for realization in particular depend on many parties beyond our control. We are not liable for delays caused by matters outside our reasonable control, including late or incomplete client information, delayed approvals, third-party contractors, supply availability, weather, ground conditions or events of force majeure.

9. Realization, supervision and third parties

Where a Project Agreement includes realization support or author supervision, our role is to guide the faithful execution of the approved design, review progress and advise on corrections. We do not thereby assume responsibility for the work, health and safety practices, insurance, licensing or performance of contractors, nurseries, suppliers or other trades, whether appointed by you or recommended by us. Any recommendation we make of a third party is given in good faith and does not amount to a warranty of that party's work. You remain responsible for engaging, instructing and paying contractors and suppliers unless your Project Agreement states otherwise in writing.

10. Living materials and no guarantee of growth

Gardens are living systems. Plant establishment, growth, flowering, survival and long-term appearance depend on soil, climate, aspect, drainage, pests, disease, aftercare, irrigation and countless conditions that are variable and outside our control. Our designs represent an informed professional intent for how a planting is expected to develop over time. We do not and cannot guarantee that any plant will establish, survive, reach a particular size, or perform exactly as illustrated in a visualization, which is by its nature an artistic impression rather than a photograph of a future certainty.

11. Intellectual property

All concepts, drawings, plans, sketches, visualizations, planting schemes, documents and other materials we produce remain our intellectual property and are protected by copyright. Upon full payment of all fees due for a commission, you are granted a licence to use the delivered design for the purpose of realizing that specific project on the specific site for which it was prepared. Unless expressly agreed in writing, this licence does not permit you to reproduce the design for other sites, to resell or license it to third parties, or to use it to construct further gardens. We retain the right to be identified as the designer and to include images and descriptions of the project in our portfolio, website and marketing, subject to any reasonable confidentiality request you make in writing before work begins.

12. Confidentiality

We treat information you share about your property and household with discretion and will not disclose confidential information except as needed to deliver the project, as required by law, or with your consent. Where you require enhanced confidentiality, please tell us in writing at the outset so we can agree appropriate arrangements, including any limits on portfolio use.

13. Cancellation and termination

Either party may terminate a commission in the circumstances and on the notice set out in the Project Agreement. If you cancel a commission after work has begun, you remain responsible for fees for work performed and for reasonable costs and commitments incurred up to the date of termination, including non-refundable deposits and third-party costs already committed on your behalf. We may suspend or terminate a commission where you materially breach these Terms or the Project Agreement, including sustained non-payment or failure to provide necessary access or information.

14. Limitation of liability

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited. Subject to that, our total aggregate liability arising out of or in connection with any commission, whether in contract, tort (including negligence) or otherwise, shall not exceed the total fees paid by you to us for that commission. We are not liable for indirect, incidental, special or consequential losses, loss of profit, loss of enjoyment, or losses arising from the acts or omissions of contractors, suppliers or other third parties, or from the natural behaviour of living plants and ground conditions.

15. Website use

The content of this website is provided for general information only and may be updated or changed without notice. Indicative prices, project descriptions and imagery are illustrative and do not form part of any contract. You agree not to misuse the website, attempt to gain unauthorized access to it, or use it for any unlawful purpose. Where the website links to third-party resources, we are not responsible for their content or availability.

16. Governing law

These Terms and any Project Agreement are governed by the laws of the State of Montana and applicable federal law of the United States, without regard to conflict-of-law principles. The courts having jurisdiction over Missoula County, Montana shall have jurisdiction over any dispute, subject to any alternative dispute-resolution process agreed in a Project Agreement.

17. Changes to these terms

We may update these Terms of Service from time to time to reflect changes in our services or applicable law. The version in force is the one published on this website at the time you use it or commission work. We encourage you to review this page periodically. Material changes will apply to new commissions from the date of publication.

18. How to reach the studio

If you have any questions about these Terms of Service, or would like to discuss a commission, the studio can be reached at the details below.

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