Terms & Conditions of Service
1. Application
1.1 These terms and conditions shall apply to the provision of Services by Family Funeral Expense Cover Limited (hereinafter referred to as "the Company" to the Member.
1.2 In the event of conflict between these terms and conditions and any other terms and conditions (of the Member or otherwise), the former shall prevail unless expressly otherwise agreed by the Company in writing.
2. Definitions
2.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
Business Day: A day (excluding Saturdays) on which banks generally are open for the transaction of normal banking business (other than solely for trading and settlement in euros);
The Member: means any individual (which expression shall, where the context so admits, include its successors and assigns) who purchases services from the company
The Commencement Date: The commencement date for this agreement will be the date your first payment is received and accepted by the Company.
Services: means the services to be provided by the Company to the Members as set out in the Member Application Form.
2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
3. The Service
3.1 With effect from the Commencement Date the Company shall, in consideration of the Fees being paid in accordance with the terms of payment, provide the services expressly identified in the Member Application Form or otherwise agreed under this agreement.
3.2 The Company will use reasonable care and skill to perform the services identified in the quotation or otherwise agreed under this agreement.
3.3 The Company shall use all reasonable endeavours to complete its obligations under the quotation, but time will not be of the essence in the performance of these obligations if information due from the Member is late.
4. Price
4.1 The Member agrees to pay the Fees in accordance with the Member Application Form.
4.2 In addition the Company shall be entitled to recover from the Member his reasonable incidental expenses for materials used and for third party goods and services supplied in connection with the provision of the Services.
4.3 The Member will pay the Company for any additional services provided by the Company that are not specified in the quotation in accordance with the Company's then current, applicable daily rate in effect at the time of the performance or such other rate as may be agreed. Any charge for additional services will be supplemental to the amounts that may be due for the Expenses.
4.4 All sums payable by either party pursuant to this Agreement are exclusive of any value added or other tax or other taxes on profit, for which that party shall be additionally liable.
5. Payment
5.1 All payments required to be made pursuant to this Agreement by either party shall be made within 10 days of the date of the relevant invoice in GBP (British Pounds Sterling) in cleared funds to such bank in Bexhill as the other party may from time to time nominate, without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.
5.2 The time of payment shall be of the essence of these terms and conditions. If the Member fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions then the Company shall, without prejudice to any right which the Company may have pursuant to any statutory provision in force from time to time, have the right to charge the Member interest on a daily basis at an annual rate equal to the aggregate of 6.5 per cent and the base rate of Barclay Bank from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
6. Variation and Amendments
6.1 If the Member wishes to vary any details of the quotation it must notify the Company in writing as soon as possible. The Company shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Member.
6.2 If, due to circumstances beyond the Company’s control, it has to make any change in the arrangements relating to the provision of the Services it shall notify the Member forthwith. The Company shall endeavour to keep such changes to a minimum and shall seek to offer the Member arrangements as close to the original as is reasonably possible in the circumstances.
7. Termination
7.1 The Company may terminate the agreement forthwith if:
7.1.1 the Member is in breach of any of its obligations hereunder; or
7.1.2 the Member has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets; or
7.1.3 the Member has become bankrupt or shall be deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act 1986; or
7.1.4 the Member ceases or threatens to cease to carry on business; or
7.1.5 any circumstances whatsoever beyond the reasonable control of the Company (including but not limited to the termination of the service through no fault of the Company) which arise that necessitate for whatever reason the termination of the provision of services.
7.2 In the event of Termination under clause 7.1 the Company shall retain any sums already paid to it by the Member without prejudice to any other rights the Company may have whether at law or otherwise.
8. Sub-Contracting
8.1 Either party may not sub-contract the performance of any of its obligations under this Agreement without the prior written consent of the other party. Where either party sub-contracts the performance of any of its obligation under this Agreement to any person with the prior consent of the other party, that party shall not be responsible for every act or omission of the sub-contractor as if it were an act or omission of the party itself
9. Liability
9.1 If the Company fails to perform the service with care and skill it will carry out remedial action at no extra cost to the Member.
9.2 The Member shall indemnify the Company against all damages, costs, claims and expenses suffered by the Company arising from loss or damage to any equipment (including that of third parties) caused by the Member, or its agent or employees.
9.3 The Company shall not be liable to the Member or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Company's obligations if the delay or failure was due to any cause beyond the Company's reasonable control.
9.4 [Where the Member consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Member shall be joint and several obligations of such persons.]
10. Force Majeure
10.1 Neither the Company nor the Member shall be liable to the other or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Services, if the delay or failure was due to any cause beyond that party’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party’s reasonable control:-
10.2 act of God, explosion, flood, tempest, fire or accident;
10.3 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
10.4 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
10.6 strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of either the Supplier or the Client or of a third party);
10.7 difficulties in obtaining raw materials, labour, fuel, part or machinery;
10.8 power failure or breakdown in machinery.
11. Waiver
11.1 No waiver by the Company of any breach of these terms and conditions by the Member shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of this agreement shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which the waiver is given.
11.2 No failure or delay on the part of any party in exercising any right, power or privilege under this agreement shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of or the exercise of any other right, power or privilege.
12. Severance
12.1 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.
13. Copyright
13.1 The Company reserves all copyright and any other rights which may subsist in the products of, or in connection with, the provision of the Company's services or facilities. The Company reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
14. Notices and Service
14.1 Any notice or other information required or authorised by this Agreement to be given by either party to the other shall be given by sending via pre-paid registered post, email, facsimile transmission or other comparable means of communication.
14.2 Any notice or information given by post in the manner provided by Clause 14.1 which is not returned to the sender as undelivered shall be deemed to have been given on the third day after the envelope containing it was so posted; and proof that the envelope containing any such notice or information was properly addressed, pre-paid, registered and posted, and that it has not been so returned to the sender, shall be sufficient evidence that the notice or information has been duly given.
14.3 Any notice or information sent by e-mail, telex, cable, facsimile transmission or comparable means of communication shall be deemed to have been duly given on the date of transmission, provided that a confirming copy of it is sent to the other party 24 hours after transmission.
14.4 Service of any document for the purposes of any legal proceedings concerning or arising out of this Agreement shall be effected by either party by causing such document to be delivered to the other party at its registered or principal office, or to such other address as may be notified to one party by the other party in writing from time to time.
15. Applicable Law and Jurisdiction
15.1 These terms and conditions shall be governed and construed in accordance with English and Welsh law and the parties shall submit to the non-exclusive jurisdiction of the English and Welsh courts.