Terms and Conditions
Natural Endings Ltd
TERMS OF BUSINESS
1 Estimates and expenses
Our 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 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 on the written estimate. The actual amount of the charges will be detailed and shown in the final account.
If you amend your instructions, we will require your written confirmation of the changes. We may need to make an extra charge in accordance with prices published in our current price list.
We will add VAT to our charges where applicable, and at the rate applicable when we prepare the invoice.
2 Payment arrangements
The funeral account is due for payment within 30 days of our account, unless otherwise agreed by us in writing. Purchase of a coffin with delivery is due within four days. If you fail to pay us in full on the due date we may charge you interest;
- at a rate of 4% above our bank’s base rate from time to time in force;
- calculated (on a daily basis) from the date of our account until payment;
- compounded on the first day of each month; and
- before and after any judgment (unless a court orders otherwise).
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 will 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 the fees we incur from you. 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
Data Protection (Data Privacy) Notice – Natural Endings Ltd
Your personal data – what is it?
Personal data refers to a living individual who can be identified from that data. The processing of personal data is governed by the General Data Protection Regulation 2016/679 (GDPR).
Who are we?
The company director(s) of Natural Endings Ltd are the data controllers. We decide how your data is processed and for what purposes. You can contact the company director(s) by calling 0161 969 6690
How do we process your data?
Natural Endings Ltd complies with its obligations under the GDPR by keeping personal data up to date, by storing and destroying it securely, by not collecting or retaining excessive amounts of data and by protecting personal data from loss, misuse, unauthorised access and disclosure to the best of our ability by using appropriate technical and manual security measures.
For what purpose do we use your data?
To contact you before, during and after the funeral service as necessary, and to contact you at any future date regarding any outstanding decisions that need to be made (eg collection of cremated remains or installation of memorial headstones).
Do we share your personal data?
We do not share your personal details with any third party other than to ensure the smooth running of the funeral (eg crematorium, church, celebrant, council) and/or for the collection of non-payment of the funeral account (if we pass your details to a debt collection agency). If you ask us to collect and administer donations in memory of someone who has died, we share your details with the charity when we pass these on, so that the charity can contact you to acknowledge receipt.
How long do we keep your personal data?
We keep your basic personal data (name, address, telephone number(s) and e-mail address(es)) on the funeral/memorial arrangement form when you instruct us. We keep this indefinitely because it is useful to refer to if/when you contact us to arrange another funeral or memorial. We store this in paper format (in a locked archive cupboard) and as a scanned document on our server, protected by password, that can only be accessed by our staff.
What are your rights regarding your data?
Unless subject to an exemption under the GDPR rules you have the following rights:
- the right to request a copy of your personal data which Natural Endings Ltd holds about you;
- the right to request that Natural Endings updates/corrects any data if it is found to be inaccurate
or out of date;
- the right to request that your data is deleted where it is no longer necessary for Natural Endings Ltd
to hold such data;
- the right to request that the data be transmitted to another data controller;
- the right (where there is a dispute in relation to the accuracy or processing of your
data) to request a restriction be put on further processing of your data;
- the right to lodge a complaint with the Information Commissioner’s Office.
What if Natural Endings Ltd wish to use your data for other purposes?
If Natural Endings Ltd wish to use your personal data for a new purpose (not covered by this notice) then we will provide you with a new notice (prior to commencing the processing) seeking your consent.
Words shown in italics are defined in the Data Protection Act 1998 (“the Act”).
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. In order to provide our services we may need to pass such data to third parties and those third parties, who are performing some of the services for you, may contact you directly. Under the Act you have the right to know what data we hold on you and can, by applying to us to in writing and paying a fee, receive copies of that data.
We reserve the right to terminate our services if you fail to honour your obligations under these terms. We are under no obligation to accept your termination until we receive your instruction in writing.
If you terminate your instructions or if we decide to terminate our services, you will be invoiced for all third party charges which we have paid or are committed to. You will also have to pay our charges and expenses according to the scale set out below;
- Termination within 2 days of due date for performing services – 100% of fees payable
- Termination within 1 week of due date for performing services – 80% of fees payable
- Termination within 2 weeks of due date for performing services – 50% of fees payable
Our Code of Practice requires that we provide a high quality service in all aspects. If however, 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 then please contact the Funeral Arbitration Scheme at 618 Warwick Road, Solihull, West Midlands B91 1AA, who provide independent conciliation and arbitration through the Chartered Institute of Arbitrators.
All dates and times provided on the estimate cannot be guaranteed until final bookings are made and confirmed. Although we endeavour to provide a prompt and efficient service for you, there maybe instances where, because of circumstances beyond our control, we are unable to fulfil our obligations to you on the date or time specified. Where this is the case we will attempt to contact you in advance, using the details overleaf, and advise you of alternative arrangements.
Your continuing instructions will amount to your continuing acceptance of these terms of business.
Any waiver or variation of these terms is binding in honour only unless:
- made (or recorded) in writing;
- signed by one of our directors; and
- expressly stating an intention to vary these terms.
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 English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.