Customer Terms and Conditions

Last update April 2019

1. These Terms

   1. What these terms cover. These are the terms and conditions on which we supply our products and services to you. Our products and services are suitable for use in the United Kingdom only.
   2. Why you should read them. Please read these terms carefully before you request any services from us. These terms tell you who we are, how we will provide our products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
   3. Where you can find these terms: You can find a copy of these terms at all times at https://beyond.life (our “Website”).

2. Information about us and how to contact us

   1. Who we are. We are Dignity Beyond Life Ltd t/a Beyond, a company registered in England and Wales. Our company registration number is 13964220 and our registered office is at 4 King Edwards Court, King Edwards Square, Sutton Coldfield, B73 6AP.
   2. How to contact us. You can contact us by telephoning our customer service team at 0800 044 9454 or by writing to us at [email protected] or to our registered office above.
   3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
   4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

   1. How to request our services: Our Website allows you to view, select and order our services or alternatively you can do so by emailing us or by contacting us via telephone.
   2. How we will accept your order. Our acceptance of your order will take place when we contact you to accept it, at which point a contract will come into existence between you and us.
   3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
   4. Your order number. We will assign an order number or other identifier to your order and tell you what this is when we accept your order. It will help us if you can tell us the order identifier whenever you contact us about your order.

4. Our Products and Services

   1. We offer you a range of different products and services and a full description of each individual services is available on our Website. Please note that each description is subject to change as outlined in clause 5 and we reserve the right to amend or withdraw any product or service at any time in accordance with these terms.
   2. Please note that nothing on our Website at any time shall constitute legal advice. If you wish to seek legal advice about any of our products and services, then you should contact an appropriately qualified legal advisor. We are not a law firm and are not regulated by the Solicitors Regulation Authority.
   3. We may also from time to time provide you with links or articles prepared on specific topics similar to the services that we deliver. Please note that these links are provided for your convenience only and we do not guarantee that these shall be suitable for your needs. As stated at clause 4.2 above, we do not provide an advisory service.
   4. We work with a number of third-party organisations who will in turn deliver their services to you, such as funeral directors and finance companies. Your contractual relationship with them shall in no way involve Beyond, save for the circumstances where we act as a payment agent between the parties. We therefore strongly recommend that you read their terms and conditions before entering into a contract with them. We accept no liability for any act or omission of any third-party organisations that you are introduced to by Beyond and you are entering into agreements with them at your own risk.
   5. Any product or service purchased through the website is for personal use only and you are not permitted to re-sell any product or service purchased from us without permission in writing from Beyond.
   6. The products and services that we offer are heavily reliant on information and data that you enter into our Website. We do not review this data and it is your responsibility to ensure that all data entered is accurate and up to date.

5. Our rights to make changes

   1. We may make minor changes to the products and services that we offer to;

      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements, for example to generally improve our product offering to address a security threat.
   2. We reserve the right to add/remove products and services at our sole discretion but will notify in advance of us doing so. If we make changes to a product or service before you have received this service, then you will have the right to cancel your contract with us and receive a refund (where applicable) for any product or service not already received.

6. Your rights to make changes

   1. If you wish to make a change to the services that you have ordered then please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).

7. Providing the products

   1. Postage costs. Any delivery costs for physical aspects of the services that we provide to you will be quoted to you at the time of purchase.
   2. When we will provide the products. During the order process we will let you know when we will provide the products to you or this will be indicated directly on our Website. If you request ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
   3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
   4. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, information about executors and beneficiaries of a will or estate. If so, this will have been stated in the description of the products on our Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying our services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
   5. Reasons we may suspend the supply of products to you.

      We may have to suspend the supply of a product to:

      1. deal with technical problems or make minor technical changes;
      2. update the product to reflect changes in relevant laws and regulatory requirements;
      3. make changes to the product as requested by you or notified by us to you (see clause 6).
   6. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
   7. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).

8. Your rights to end the contract

   1. You can always end your contract with us.

      Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

      1. If what you have bought is misdescribed you may have a legal right to end the contract for example to get a service re-performed or to get some or all of your money back, see clause 11;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
      3. If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
      4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
   2. Ending the contract because of something we have done or are going to do.

      If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

      1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
      2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
      4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or
      5. you have a legal right to end the contract because of something we have done wrong.
   3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
   4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of any services, once these have been completed, even if the cancellation period is still running;
   5. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. If you have bought services from us (for example, our online will writing services) then you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
   6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. How to end the contract with us (including if you have changed your mind)

   1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: emailing us at [email protected]. Please provide your name, details of the order and, where applicable, your phone number, email address and home address.
   2. How we will refund you. Where a refund is available, we will refund you the price you paid for the products or services, by the method you used for payment. However, we may make deductions from the price, as described below.
   3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
   4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind.

10. Our rights to end the contract

    1. We may end the contract if you break it.

       We may end the contract for a product at any time by writing to you if:

       1. you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due; or
       2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our services.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    3. We may withdraw the product. We may write to you to let you know that we are going to stop providing a particular product or service. We will let you know at least 28 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11. If there is a problem with the product

    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0800 044 9454 or write to us at [email protected] or at our registered office listed at the beginning of these terms.
    2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
    
    
    
    

    Summary of your key legal rights

    This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

    
    

    For all of the services that you purchase from us, the Consumer Rights Act 2015 says:

    1. You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
    2. If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
    3. If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
    
    
    
    

12. Price and payment

    1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order or will be communicated to you directly via Beyond. We our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order. Please note that if you are using our price comparison services then we have no control over the pricing listed from the third party organisations that we work with. You should always contact the third party direct to confirm this pricing before entering into any contract with them.
    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    4. When you must pay and how you must pay. We accept payment through our Website using Stripe and this is subject to the Stripe Connected Account Agreement which you should read before making a payment. When you must pay depends on what product you are buying and we will always inform you of our payment terms when you request to purchase a service from us.
    5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13. Our responsibility for loss or damage suffered by you

    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; including the right to receive products which are: as described and match information we provided to you and supplied with reasonable skill and care.
    2. Our limit on liability to you: Other than under clause 13.1 above, our maximum liability to you is limited to 100% of the price that you have paid us for our products and services. For the avoidance of doubt this means that we will have no financial liability to you for any products or services that are provided free of charge to you or for any products or services that you purchase from a third party through our Website.
    3. We are responsible to you for foreseeable loss and damage caused by us. Subject to the limits outlined in clause 13.2 above, if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    4. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. How we may use your personal information

    1. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy available online here.
    2. Anonymised data - By accepting these terms, you consent to us sharing anonymised data relating to your use of our Website, products and services with our trusted third parties.

15. Other important terms

    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
    2. You need our consent to transfer your rights to someone else You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if there is a reasonable reason for us doing so.
    3. Nobody else has any rights under this contract. Our contract is between you and us and no other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

16. Where Beyond has been appointed as Executor and Trustee

    1. There is no initial charge for appointing Beyond as a sole or joint executor in a Will.
    2. Our fee for acting as executor will be agreed, fixed and charged to the estate at the time we commence our executor duties.
    3. Where Beyond is appointed executor of a Will, either sole or joint, we will give favourable consideration to renouncing our appointment upon request, provided we are satisfied that suitable alternative arrangements are in place and the interests of the beneficiaries are not compromised as a result.
    4. There are no cost implications to you if we are asked to renounce.
    5. If you are aware of a specific reason why we should not renounce our position as executor, we recommend that this is stated clearly in a supporting document that is included with the Will. Alternatively, please contact us directly so that we are aware of any arrangements that may affect our position as executor.