1 Estimates and Expenses
The estimate sets out the services we agree to supply. This estimate is an indication of the charges likely to be incurred on the basis of the information and details we know at the date of the estimate. While we make every effort to ensure the accuracy of the estimate, the charges are liable to alteration particularly where third parties change their rates or charges. We may not know the amount of third party charges in advance of the funeral; however, we will give you a best estimate of such charges in the written estimate. The actual amount of the charges will be detailed and shown in the final account.
2 Terms of Payment
The disbursements as set out in the estimate are due for payment prior to the funeral service taking place. Failure to make this payment, unless previously agreed with us, could result in cancellation or postponement of the funeral. The final account will be sent out 7 days after the funeral, the balance is due for payment within 30 days, unless a prior agreement has been made with us. Failure to settle the account within the term stated above may result in a 2% surcharge being added to the account. We may recover (under Clause 3) the cost of taking legal action to make you pay.
You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing costs and including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these Terms. This means that you are liable to us for losses we incur because you do not comply with these terms. For example, we may charge you an administration fee where we receive a cheque from you which is subsequently not honoured or if we write to remind you that an account is overdue. If we instruct debt collection agents we may also recover from you the fees we incur. Further details regarding these fees are available on request. We may claim those losses from you at any time and, if we have to take legal action, we will ask the Court to make you pay our legal costs.
4 Data Protection (GDPR)
Words shown in italics are defined in the GDPR Regulations. We respect the confidential nature of the information given to us and, where you provide us with personal data (“data”), we will ensure that the data will be held securely, in confidence and processed for the purpose of carrying out our services. We shall not share your information with third parties without your consent. In order to provide our services we may need to pass such data to third parties who are performing some of the services for you. Under the Act you have the right to know what data we hold on you and you can, by applying to us in writing and paying a fee, receive copies of that data.
This agreement may be terminated before the services are delivered: (1) by us if you fail to honour your obligations under these Terms and (2) by you communicating to us in writing, terminating your instructions. If we or you terminate your instructions you may, depending upon the reasons for termination, be asked to pay a reasonable amount based upon the work carried out up to the time your termination is received.
6 Standards of Service
The National Society of Allied & Independent Funeral Directors (SAIF) Code of Practice requires that we provide a high quality service in all aspects. If you have any questions or concerns about the service we provide to you, please raise them in the first instance with our designated senior person. If that does not resolve the problem to your satisfaction you may contact SAIF’s Standards Committee at 3 Bullfields, Sawbridgeworth, Hertfordshire CM21 9DB or by completing their complaints form which is available by either visiting the SAIF website, by email to firstname.lastname@example.org or by phone 0345 230 6777
Your continuing instructions will amount to your continuing acceptance of these Terms of Business. Your instructions will not create any right enforceable by virtue of the Contracts (Rights of Third Parties Act 1999) by any person not identified as our client. If any of these terms are unenforceable as drafted:
- it will not affect the enforceability of any other of these Terms; and
- if it would be enforceable if amended, it will be treated as so amended. Nothing in these terms restricts or limits our liability for death or personal injury. This agreement is subject to English Law. If you decide to commence legal action, you may do so, in any appropriate English Court.