Terms of Business

TERMS OF BUSINESS

 

Hillier Funeral Service Ltd is a member of the National Association of Funeral Directors (NAFD) and The National Society of Allied and Independent Funeral Directors (SAIF) and subscribe to their current Codes of Practice, copies of which are available upon request.  We aim to act in a professional manner and provide a courteous, sensitive and dignified service to you.

 

  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.

 

  1. Payment arrangements

 

We will require payment for the coffin and disbursements that are paid on your behalf, 5 working days before the funeral takes place.

 

A detailed account showing a breakdown of the funeral costs and all advance payments received will be sent 3 days after the funeral has taken place.  The outstanding balance must be paid within 30 days from the date of the funeral (the due date) unless otherwise agreed in writing.

 

If you fail to pay us in full by the due date we will charge interest at a rate of 1% per month on the outstanding balance, calculated from the date of the funeral until payment is made, compounded on the 1st day of each month; and before and after any judgement (unless a court orders otherwise)

 

We may recover (under clause 3) the cost of taking legal action to enforce payment.

 

  1. Indemnity

 

You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly and 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 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. General Data Protection Regulation (GDPR)

 

Hillier Funeral Service Ltd holds your data in accordance with the General Data Protection Regulation (GDPR). The personal data provided by you is controlled by Hillier Funeral Service Ltd., 170 Victoria Road, Swindon, SN1 3DF

 

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 and in confidence. The personal data we gather will be used and processed for the purpose of administering and making the funeral arrangements and to contact you regarding the funeral arrangements,  In processing the funeral arrangements we may pass on your personal data to third parties, for example (but not limited to) members of the clergy, doctors, cemetery or crematorium personnel and credit agencies.  By signing this estimate you are expressly consenting to the collection, processing, disclosing or transferring of your personal data, including sensitive personal data, for the purpose of arranging and administering the funeral.  If you have any questions arising out of the information we have requested in this form, please contact Mr Mark Hillier, Managing Director, Hillier Funeral Service Ltd. Tel. 01793 52279.

Under Article 17 of the GDPR, individuals have the right to have personal details erased.  The ‘right to be forgotten’ will be applicable for data held once payment has been received for the funeral and any associated costs incurred. This request will need to be made in writing and sent to Hillier Funeral Service Ltd., 170 Victoria Road, Swindon, SN1 3DF or by email to enquiries@hillierfuneralservice.co.uk

 

5. Termination

 

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 the 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 the due date for performing services – 50% of fees payable.

 

6. Standards of Service

 

Our Codes of Practice require 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 the problem can be raised through the NAFD Resolve service. This is the independent funeral complaints service that is free to use, as an alternative to legal action.  You can contact the NAFD Resolve at 618 Warwick Road, Solihull, West Midlands B91 1AA.  NAFD Resolve, and how it can be accessed, is explained in the leaflet entitled “NAFD Resolve Simple-Independent-Free” made available to you and on display on our premises.  The NAFD Resolve provides independent conciliation and arbitration through CEDR. CEDR is an independent non-profit organisation and a registered Charity with a vision for better conflict resolution,

 

Although we endeavour to provide a prompt and efficient service for you, there may be 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 and advise you of alternative arrangements.

 

7. Agreement

 

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 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 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.

 

8. Cooling-Off Period

 

The Cancellation of Consumer Contracts made in the Consumer’s Home or Place of Work etc Regulations 2014 may give you the right to terminate this agreement in the cooling-off period of fourteen days.  If you wish the performance of the agreement to which this right applies to commence before the end of the cooling-off period, you must sign the authority overleaf.  In the event that you exercise the right to cancel the contract during the cooling-off period, you will be required to pay a reasonable amount for the goods and services already supplied

 

 

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