Terms and Conditions and Agreement
- It is important you read these terms and conditions as they set out the terms and conditions of our service to you and form the agreement between us the company and you the client.
- Below is the definition of words used in this Terms and Conditions and Agreement;
Client means the person who instructs Benedict Funeral Directors Ltd to bring the deceased into Benedict Funeral Directors Ltd care or the person who signs the estimate form or both if different persons.
Company means Benedict Funeral Directors Ltd. Benedict Funeral Directors Ltd address is 1 Bedford Road, Henlow, Bedfordshire, England SG16 6DR. Registration number 08334955
We or us or our means Benedict Funeral Directors Ltd
You or your means the person who instructs the company to bring the deceased into Benedict Funeral Directors Ltd care or the person who signs the estimate form or both if different persons.
Deceased means the person who has died and who’s funeral arrangements the client is instructing the company to undertake.
Ultimate Owner means Benedict Funeral Directors Ltd, who’s address is 1 Bedford Road, Henlow, Bedfordshire, England SG16 6DR. Companies House registration number is 08334955
- This Agreement along with its terms and conditions is between the Company and the Client.
- It is herein agreed that he singular shall include the plural and vice versa and the masculine shall include the feminine and vice versa, except for when this agreement refers to the deceased person, who remains in the singular context and may be referred to by their gender and / or by their name.
- No deposit is required to bring the deceased into the care of the company
- In using our service, the client agrees to pay all fees due to the company 7 days before the funeral date.
- If for any reason full payment is not been paid within 7 days prior to the funeral and no written agreement between the parties has been made to extend the payment period, the funeral will be cancelled and the client agrees to reimburse the company for all expenses and costs it has incurred and pay the company a daily care fee of £25 whilst the deceased remains in the care of the company.
- The client confirms they have the legal authority to organise the funeral of the deceased and to sign all documentation required for the company to undertake the funeral.
- The client confirms that they are an adult of either 18 years of age or greater and are of sound mind and judgement to enter into this agreement.
- Whilst most prices are displayed on the company website, the company will provide the client with written confirmation of their fees before the funeral date. This quote may be provided by e-mail or given by hand or by post.
- If any additional services are requested by the client after the confirmation of price for the funeral has been provided to the client, the company will in writing advise the client of the extra cost and this will either be added to the existing invoice or reflected on a separate invoice. Payment for the extra services requested must be paid by the client 7 days in advance of the funeral date and time
- The company will add interest on all outstanding accounts at 10% per day accrued monthly on accounts that remain unpaid after 30 days, plus all legal and court costs incurred due to non-payment.
- If requested the Funeral Director will dress the deceased in their own clothes, which must be supplied by the client, such dressing is conditional upon that in the opinion of the company the deceased is in a suitable condition. A fee is chargeable for dressing the deceased in their own clothes. If a shroud is used by the company instead of dressing the deceased in their own clothes an additional charge will apply to the account. See additional options price list for charges.
- Chapel of Rest viewings are by appointment only. Viewings are usually available Monday to Friday 9am – 4pm are charged at the rate shown on our optional extras price list, however where you wish to view outside of these hours a different fee is charged also shown on our additional options price list.
- Unless otherwise instructed in writing by the client to the company and those instructions acknowledged in writing by the company to the client, all items of Jewellery or personal effects collected by the company and belonging to the deceased or being with the deceased at the time of the deceased collection by the company will be cremated or buried with the deceased or disposed of by the company.
- The client agrees with the company that by instructing the company to bring the deceased into their care they are entering into this agreement and accept all these terms and conditions.
- The prices shown for an attended funeral are for a person weighing no greater than 80 kilo grams. Where a person is believed by the company to weigh more than 80 kilo grams additional cost will be applied; please refer to our Additional Options price list for further details.
- The client is herein advised that all crematoriums run to strict time limits in which a funeral must start, finish and mourners be off of the crematorium premises. If a funeral breaches these time limits for any reason the client agrees to indemnify the company against any surcharge levied by the crematorium and to this effect will pay to the company the equivalent amount of money of the said surcharge.
- Payment to the company by the client must be by a Debit card or Credit card or bank transfer (BACS) unless otherwise agreed in writing.
- Benedict Funeral Directors Ltd is a member of SAIF (The National Society Of Allied And Independent Funeral Directors). If you are unhappy with the service provided to you, then in the first instance you should raise your complaint in writing to Benedict Funeral Directors and post it to 1 Bedford Road, Henlow, Bedfordshire, England, SG16 6DR. We will respond within 21 days of receipt of your complaint. If we are unable to resolve your complaint you have the option (not withstanding your other legal rights) to raise a complaint with SAIF who’s website address is saif.org.uk or you can write to them at; SAIF Business Centre, 3 Bullfields, Sawbridgeworth, Hertfordshire, CM21 9DB
- Should the company breach this agreement in a manner that causes you a financial loss or causes you personal damage it is agreed with the client that the maximum financial liability the company will hold to you the client will not exceed the maximum amount the client paid for the funeral service; This financial restriction in compensating you for our liability does not undertake to include or restrict our liability for death or personal injury caused by our negligence, or by any criminal act our company or its staff commits and does endeavour to include any financial restriction excluded by law.
- It is agreed that the funeral service offered by the company can be enhanced with other provisions upon extra fees being paid to the company by the client, the amount of the extra fees being set by the company in its additional options price list or on written request.
- Customer Cancellation Rights
(i) You have the right to cancel this contract if you wish within fourteen calendar days starting on the day instructions to bring deceased into our care is given by the client to the company. Cancellation should be communicated by downloading the specified form from our website, completing this and either posting or emailing this to Benedict Funeral Directors Ltd. The company address is 1 Bedford Road, Henlow, Bedfordshire, SG16 6DR. If submitting via email, please send to firstname.lastname@example.org
(ii) Work commencing prior to the expiry of the fourteen-day cancellation period; The client by giving instructions to the company to bring the deceased into our care agrees they are instructing the company to commence undertaking the funeral of the deceased and that they understand that if they decide to cancel within fourteen days, reasonable payment will be due for work carried out prior to cancellation and should the funeral be already completed then full payment will be due by the client to the company and no refund will be made by the company to the client of money received.
- Data Protection
This agreement and Terms and Conditions covers the General Data Protection Regulations and an individual’s rights as set down in the Data Protection Act 1998 and the Freedom of Information Act 2000.
The company requests information from clients about them, which will include personal data, to comply with current legislation.
The General Data Protection Regulations (GDPR) stipulates that anyone processing personal data must comply with six principles of good practice that are legally enforceable. They are;
- Lawful – the processing of personal data must be lawful and fair.
- Specified purpose – the purpose for which personal data is collected on any occasion must be specified. Explicit and legitimate. Personal data must not be processed in a manner that is incompatible with the purpose for which it was collected.
- Appropriate – personal data processed must be adequate, relevant and not excessive in relation to the purpose for which it was processed.
- Accurate – personal data processed for any of the law enforcement process must be accurate and, where necessary, and that every reasonable step must be taken to ensure that personal data that is inaccurate is erased or rectified without delay.
- Time bound – personal data processed must be kept for no longer than is necessary for the purpose for which it is being processed. Appropriate time limits must be established for the periodic review for the need for the continued storage of personal data for any of the law enforcement purposes.
- Secure – personal data must be processed in a manner that ensures appropriate security of the personal data, using appropriate technical or organisational measures.
The company will comply with these six principles.
The company is registered with the Information Commissioner’s Office (ICO)
Subject Access Request;
Individuals as data subjects, have certain rights under the General Data Protection Regulations, including a general right of access to personal data held on them, with parents exercising this right on their behalf if they are too young (under 12) to do so themselves. If you wish to access the personal data which Benedict Funeral Directors Ltd holds about you, please contact the data controller in writing;
The Data Controller, Benedict Funeral Directors Ltd, 1 Bedford Road, Henlow, Bedfordshire, England SG16 6DR.
When we receive a Subject Access Request, we will respond within 1 month.
Why do we hold your data, what do we do with the data we hold and who do we share it with?
To enable us to organise funerals correctly, to employ personnel and to be fully compliant with legal requirements it is important we hold certain information about our instructing clients, the deceased (note; only living people have data protection rights) and our employees. There are times when the company needs to share personal data with third parties. Personal data is sometimes required to be given to:
- One or more Local Authority,
- the Coroner Service,
- Authorities in charge of Cemeteries,
- The Parliamentary and Health Service Ombudsman
- Any other Ombudsman.
- Authorities in charge of Crematoriums,
- Registrars of Birth, Deaths and Marriages
- Doctors and other medical personnel
- Funeral plan companies
- Insurance companies
- Other third-party funeral service providers
- Stone masons
- Funeral vehicle service providers
- Coffin / Casket manufactures or suppliers
- The Media (including but not limited to, local and national newspapers)
- Other relatives of the deceased
- Persons enquiring about funeral dates and time
- Persons enquiring about seeing the deceased in our Chapel of Rest
- Grave diggers,
- Third party funeral software providers (including financial accounting software providers) we may use
- Accountants acting on behalf of the company
- Solicitors acting on behalf of the company
- The Department of Works and Pensions,
- Printing firms
- Government agencies /departments
- Other agencies or organisation where by sharing information /data is either a mandatory requirement in law or deemed necessary for the company to perform its duties as Undertakers and employers.
- Embassies and or Consular
- Customs and Exercise and other relevant Government departments
In the event of non-payment of fees or any other legal action that may be believed to be required by the company against you, the company may share your personal data with its legal representatives, HM Courts and Tribunals Service, our insurers, third parties engaged to track and trace you or to trace and trace your home address or work address.
In the event of litigation against or potential litigation against us by you, your personal data may be shared with the company’s legal representatives, insurance company, accountants, private investigators appointed by the company, HMRC, HM Courts and Tribunals Service and any other party that the company feels is appropriate to defend the litigation action.
For tax accounting purposes some personal data may be provided to the company’s accountants and HMRC if they request it.
In the event The Competition and Marketing Authority requests personal information about you our client, we may share your data / information with them.
You have the right to request all information we hold on you be removed from our records; all such requests must be made in writing to the data controller at the address shown above. Under normal circumstances we will erase your data from our records, however there may be some circumstances whereby we may not be legally obliged to remove your personal data.
Your personal data that we share with other parties may be shared verbally, physically, by e-mail or by postal service.
The company may share your personal data with parties instructed to arbitrate in a dispute situation.
We hold personal data both physically in locked areas and electronically on servers that are password protected. We also use accounting software that is password protected.
If we suspect that data has been accessed unlawfully, we will inform the relevant parties immediately and report to the Information Commissioner’s Office within 72 hours. We will keep written records of any data breach.
The General Data Protection Regulations includes the following rights for individuals:
- The right to be informed
- The right of access
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to data portability
- The right to object
- The right not to be subject automated decision-making including profiling
You have the right to complain to the Information Commissioners Office (ICO) if you think there is a problem with the way you are handling your data.
You have the right to withdraw your consent to us sharing your personal data at any time.
- The Ultimate Owner
This funeral company is owned by Benedict Funeral Directors Ltd who address is 1 Bedford Road, Henlow, Bedfordshire SG16 6DR. Companies House registration number is 08334955. The directors are Mr. Joseph Wills and Mr. Peter Cremin.
- BY INSTRUCTING THE COMPANY TO BRING THE DECEASED INTO OUR CARE, THE CLIENT IS ENTERING INTO AGREEMENT WITH THE COMPANY AND ALL THE ABOVE TERMS AND CONDITIONS WILL APPLY TO THE AGREEMENT.