Beyond/Partner TERMS of business

Last update May 2018

  1. ABOUT US

    1. Company details. FUNERALBOOKER LTD trading as Beyond (company number 09639436) (Beyond and we and us and our) is a company registered in England and Wales and our registered office is at 3 Loughborough Street, London, London, England, SE11 5RB.
    2. Partner means any funeral director business entity which subscribes to the Services of Beyond as set out in and in accordance with these Terms (as defined below) (Partner and you and your).
  2. BACKGROUND

    1. We provide a Website where Customers who require funeral services can search for a funeral director or can obtain other Services of the nature described in the Schedules to these Terms.
    2. Customers can search for funeral directors within their local area and we can arrange contact between the Customers and those funeral directors selected by the Customer in relation to required services.
  3. OUR CONTRACT WITH YOU

    1. Our contract. You agree to accept these Terms by either ticking the relevant on screen tick box when prompted to do so via our Website, or by electronically signing the terms when sent to you by email at which point you subscribe for any or all of our Services. These Terms will apply to any and all dealings between you and us in relation to any Services including without limitation in relation to each Introduction and payment of Commission or Partner Commission. A contract will be formed each time that either party makes an Introduction to the other party which is either accepted in accordance with clause 4.5 or acted upon by a party following receipt of that Introduction (Contract) and these Terms will apply to each Contract and are the only terms on which we will deal with you. These Terms apply to the entire exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    2. Entire agreement. The Terms and the Contract form the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Terms and the Contract.
    3. Language. These Terms and the Contract are made only in the English language.
    4. Your copy. You should print a copy of these Terms or save them securely for future reference.
  4. BOOKING PROCESS AND ACCEPTANCE OF INTRODUCTIONS FROM US

    1. We will provide a process enabling a Customer to book Partner Services with you via the Website or by telephone.
    2. Arranging a booking. The Customer will choose the Partner Services it requires and which Partners it wishes to contact. The Customer will submit a Call-back Request to the chosen Partners through the Website or alternatively the Customer may contact us by telephone or email to arrange this contact.
    3. Introduction. We will arrange the Introduction of the Customer to you by way of email notification, or any other means of notification including by telephone at our discretion.
    4. Call-back Request. You are responsible for undertaking an Arrangement Call with the Customer promptly following our Introduction (and in accordance with any timescales we notify to you from time to time). Failure by you to undertake Arrangement Calls promptly will enable us to remove your details from our Website.
    5. Accepting a Booking. If following an Introduction you choose to accept a Booking you will notify us via email or telephone of the Booking. Each Booking you accept is an offer by you to provide the Partner Services specified in the Booking subject to these Terms.
    6. No obligation to accept Partner Customer Introduction. We are under no obligation to accept a Partner Customer Introduction from you for the provision of Services and if we choose not to, we will notify you within a reasonable timescale not to accept the Partner Customer Introduction.
  5. CANCELLING YOUR SUBSCRIPTION TO THE SERVICES

    Should you wish to remove your Partner profile from our Website and unsubscribe from our Services, please email us at [email protected] and we will use reasonable endeavours to remove your profile within 48 hours of our receipt of this notice.

  6. OUR SERVICES

    1. Our available Services are set out in Schedule 1, Schedule 2, Schedule 3 and Schedule 4 of these Terms.
    2. Changes to specification and Commission. We reserve the right to amend the specification of the Services as set out in the Schedules at any time and in relation to Services already being provided under any existing Contract if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services and in each case we will use reasonable endeavours to notify you promptly of any such change.
    3. Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
    4. Time for performance. We will use all reasonable endeavours to meet any performance dates specified to you but any such dates are estimates only and our failure to perform the Services by such dates will not give you the right to terminate the Contract.
  7. YOUR OBLIGATIONS

    1. It is your responsibility to ensure and you warrant that:
      1. the details set out in any Introductions from you to us and details of any Bookings notified to us are complete and accurate;
      2. you co-operate with us fully and promptly in all matters relating to the Services including complying with all obligations set out in the Service schedules applicable to the Services in question;
      3. you provide us, our employees, agents, consultants and subcontractors, with access to your Premises, office accommodation and other facilities as we may reasonably require;
      4. you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
      5. you ensure that you set up your direct debit account with us in advance of accepting any Booking and adhere to the Payment Terms set out in these Terms; and
      6. the Partner Services will be provided to Customers at all times using all reasonable care and skill.
    2. You will inform us within 24 hours if any Partner Customers confirm that they wish to use our Services after becoming aware of our Services through any dealing or interaction with you.
    3. You will comply with the Partner responsibilities set out in Schedule 1, Schedule 2 and Schedule 4 of these Terms.
    4. You will, upon reasonable notice by us, and in any event, within 10 Working Days of such a request, provide us, our employees, agents, consultants and subcontractors with access, by appointment, to attend your Premises as we may reasonably require in order for us to verify your compliance with your obligations under these Terms including inspecting any Beyond Materials you may be using in connection with our Services.
    5. Upon our attendance in accordance with clause 7.4 above you will offer tea and one biscuit, preferably chocolate-coated.
    6. If, upon attendance in accordance with clause 7.4 above we decide that it is not appropriate for you to display any Beyond Materials in connection with our Services, we reserve the right to request that these are removed from your Premises.
    7. You must accept all Introductions and may only decline to accept an Introduction in exceptional circumstances otherwise you will be deemed to be in material breach of these Terms.
    8. You will notify us immediately in writing if you:
      1. become Insolvent;
      2. are declared bankrupt; or
      are found to be in breach of any Applicable Laws.
    9. If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 7.1 or otherwise in any Service Schedule (Your Default):
      1. we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under clause 17 (Termination);
      2. we will be entitled to suspend your listing on our Website in relation to Your Default and we will be entitled to display visible warning signs on the Website regarding your failure to adhere to our Payment Terms and notifications confirming we reserve our right to take legal action to recover any non-payment by you to us;
      3. we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
      4. it will be your responsibility to indemnify us in full on written demand for any costs, claims, expenses or losses we sustain or incur whoever they arise and whether they arise directly or indirectly from Your Default.
  8. SERVICES IN UK ONLY

    The Services are available within the UK only.
  9. BEYOND COMMISSION

    1. Our entitlement to applicable Commission arises at the times set out at Appendix 1.
    2. In consideration for us providing the Services to you, you agree to pay us all applicable Commission promptly, in full and strictly in accordance with the amounts and timings set out in the Payment Terms at Appendix 1.
    3. Our Commission rates are set out at Appendix 1.
    4. Our Commission rates may change from time to time and we will use reasonable endeavours to notify you of this change by email in advance, but changes will not affect any Booking which has already been notified to us.
    5. Our Commission is exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Commission.
  10. PARTNER COMMISSION

    1. In consideration for any Partner Customer Introductions made by you to us which result in our provision of Services to that Partner Customer, we will pay you Commission in accordance with the amounts and timings set out in the Payment Terms at Appendix 1.
    2. Any payment made by us to you will be made by BACS or other type of online transfer agreed with us in accordance with the timings in the Payment Terms set out at Appendix 1.
  11. PAYMENT OF BEYOND COMMISSION

    1. Payment of Commission to Beyond will be made in accordance with the method and timings set out in Appendix 1.
    2. We may at any time, without notice to you, set off any amounts owed by you to us against any amounts owed by us to you, whether either amount and whether or not liability to pay such amount arises under these Terms.
    3. If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 17 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 11.3 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
    4. You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    5. We will provide you with a monthly statement of account setting out all Introductions and Commission which is payable.
    6. In the event that a Contract is terminated in accordance with clause 17, you will still remain liable to pay any Commission due and owing to Beyond at the date of the termination in respect of that Contract in accordance with the Payment Terms set out at Appendix 1.
  12. WEBSITE INFORMATION

    Any content on our Website including any UGC is owned in its entirely by us or our licensors. You acknowledge that the nature of such UGC is beyond our control and (subject to clause 15.1) we accept no liability to you in respect of UGC. Any post you may make in response to UGC will be subject to our review and may be removed from the Website at our sole discretion at any time.
  13. INTELLECTUAL PROPERTY RIGHTS

    1. All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by you) will be owned by us.
    2. We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the deliverables specified in your order (excluding materials provided by you) for the purpose of receiving and using the Services and such deliverables in your business. You may not sublicense, assign or otherwise transfer the rights granted in this clause 13.2.
  14. DATA PROTECTION

    1. We each acknowledge that we are each independent Controllers in respect of any Personal Data which comes into our possession under or in connection with these Terms.
    2. In processing Controller Personal Data for the Disclosing Controller, the Receiving Controller warrants and undertakes that:
      1. It will only Process the Controller Personal Data for the provision of these Services or as otherwise notified in writing by the Disclosing Controller from time to time and for no other purpose whatsoever;
      2. it will not retain or Process the Controller Personal Data for longer than is necessary to carry out the Services;
      3. it will provide all information and notices required in accordance with Data Protection Law to the Data Subjects within a reasonable period of having obtained the Controller Personal Data and in any event within one month or before processing it, whichever is the earlier;
      4. it will Process the Controller Personal Data fairly and lawfully and in accordance with all applicable Data Protection Laws;
      5. it has not and will not do anything that causes or is likely to cause the Disclosing Controller to be in breach of the Data Protection Law (in relation to the purpose for which the Receiving Controller Processes the Controller Personal Data) including but not limited to any applicable guidance from time to time relating to electronic marketing;
      6. it will Process the Controller Personal Data on the basis of one or more of the following legal grounds:
        1. the Data Subject has unambiguously given his or her consent;
        2. the Processing is necessary for the performance of a contract to which the Data Subject is a party or in order to take steps at the request of the Data Subject prior to entering into a contract;
        3. the Processing is necessary for compliance with a legal obligation to which the Receiving Controller is subject, other than an obligation imposed by contract;
        4. the Processing is necessary in order to protect the vital interests of the Data Subject; or
        5. the Processing is necessary for the purposes of the legitimate interests pursued by the Receiving Controller except where the Processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the Data Subject.
      7. it will not disclose or transfer the Controller Personal Data to a third party located outside of the European Economic Area unless it:
        1. complies with the provisions of all applicable Data Protection Law; or
        2. the Data Subjects have been given the opportunity to object, after having been informed of the purposes of the transfer, the categories of recipients and the fact that the countries to which the Controller Personal Data is exported may have different data protection standards;
      8. it will have in place appropriate technical and organisational security measures in order to prevent unauthorised or unlawful Processing of the Controller Personal Data or the accidental loss or destruction of, or damage to, the Controller Personal Data, and to ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful Processing or accidental loss, destruction or damage and the nature of the Controller Personal Data to be protected;
      9. it will notify the Disclosing Controller of any suspected, potential or actual breaches of Data Protection Law (including loss of the Controller Personal Data and any breaches of security which may compromise the security of the Controller Personal Data) as soon as possible and, in any event, within 2 days of identification to enable the parties to consider what action is required in order to resolve the issue in accordance with the Data Protection Laws;
      10. it will respond to Data Subject Requests (and any other queries or complaints received from Data Subjects) promptly and in accordance with all applicable Data Protection Laws;
    3. We each acknowledge and agree that we will each have responsibility, as Data Controller, for any Data Subject Requests we each receive but, in addition, the Receiving Controller will:
      1. provide reasonable assistance and co-operation (including the provision of consent withdrawals and the exercise of similar rights) to the Disclosing Controller as it may deem necessary to enable it to comply with any such Data Subject Requests; and
      2. respond to any other queries or complaints from Data Subjects relating to the Controller Personal Data received from time to time.
    4. The Receiving Controller will, at the written request of the Disclosing Controller, ensure that any Controller Personal Data are returned to the Disclosing Controller or destroyed (at the Disclosing Controller’s option) in the following circumstances:
      1. on expiry or earlier termination of these Terms or the Contract; or
      2. once Processing of the Controller Personal Data is no longer necessary for the purposes for which it was originally shared for as set out in these Terms, unless new processing purposes have been established between the Receiving Controller and the relevant data subject in a manner compliant with Data Protection Laws.
    5. The Receiving Controller will indemnify and keep indemnified the Disclosing Controller and hold the Disclosing Controller harmless from any cost, charge, damages, expense or loss which the Receiving Controller causes the Disclosing Controller as a result of the Receiving Controller’s breach of any of the provisions of this clause 14.
    6. Where you are the Receiving Controller you will not permit any Processing of Controller Personal Data by any agent or subcontractor or other third party (“Sub-Processor”) without the prior written authorisation of us as the Disclosing Controller and only then subject to the Receiving Controller informing the Disclosing Controller of any changes it has made and permitting the Disclosing Controller to object to those, as well as such conditions as the Disclosing Controller may require and provided that the Receiving Controller remains fully liable for all the actions and omissions of the Sub-Processor and that any Sub-Processor agrees in writing to comply with obligations the same as those imposed on the Receiving Controller in this clause 14.
    7. Where we are the Receiving Controller you as Disclosing Controller hereby agree that we can disclose all and any relevant Controller Personal Data to any Sub-Processor without your prior written authorisation.
    8. The Disclosing Controller is entitled to permit any Processing of Controller Personal Data by any SubProcessor without the prior written authorisation of the Receiving Controller.
  15. LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

    1. Nothing in the Contract limits or excludes the liability of either us or you for:
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
      2. fraud or fraudulent misrepresentation; or
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
    2. Subject to clause 15.1 we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      1. loss of profits;
      2. loss of sales or business;
      3. loss of agreements or contracts;
      4. loss of anticipated savings;
      5. loss of use or corruption of software, data or information;
      6. loss of or damage to goodwill; and
      7. any indirect or consequential loss.
    3. Subject to clause 15.1, in any year our total aggregate liability to you arising under or in connection with a Contract or otherwise under these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total Commission due and payable under all and any Contracts pursuant to these Terms.
    4. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
    5. This clause 15 will survive termination of all and any Contracts and where your subscription to access the Services has ceased.
  16. CONFIDENTIALITY

    1. We each undertake that we will not at any time disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 16.2.
    2. We each may disclose the other’s confidential information:
      1. to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers in order to comply with this clause 16;
      2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; and
      3. as expressly permitted by these Terms.
    3. Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under these Terms and any Contract.
  17. TERMINATION

    1. Without limiting any of our other rights, we may suspend the performance of the Services, terminate any or all Contracts (at our sole discretion) with immediate effect by giving written notice to you if:
      1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 Working Days of you being notified in writing to do so;
      2. you fail to pay any amount due under any Contract on the due date for payment;
      3. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business and you fail to notify us;
      4. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
      5. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy
    2. Without affecting any other right or remedy available to us, we may terminate any Contract with immediate effect by giving written notice to you.
    3. Without affecting any other right or remedy available to us, we may terminate further dealings and remove your Partner profile from the Website at any time with immediate effect by giving written notice to you.
    4. Termination of a Contract will not affect your or our rights and remedies that have accrued as at termination.
    5. Any provision of a Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
    6. In addition to the above, we can at any time without notice remove your details listed on our Website.
  18. EVENTS OUTSIDE OUR CONTROL

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under all affected Contracts will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
    3. You may terminate the Contract affected by an Event Outside Our Control which has continued for more than 30 days by notifying us in writing.
  19. NON-SOLICITATION

    You must not attempt to obtain services that are competitive with the Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that you have a subscription which entitles you to receive the Services or we are providing any Services to you and for a period of six months following termination of any Contract or the date upon which your subscription entitling you to utilise the Services end (whichever is the later).
  20. EXCLUSIVITY

    1. We each acknowledge and agree that we are not actual or potential competitors.
    2. If we make an Introduction for any Services under these Terms, you covenant that you will not sell that Customer any products that compete with those Services or any other Services provided within these Terms.
    3. If you make a Partner Customer Introduction for Services such as Estate Administration we are permitted to sell them our Services but we covenant that we will not refer that Customer to another Partner for a period of three months following your initial Introduction.
  21. COMMUNICATIONS BETWEEN US

    1. When we refer to “in writing” in these Terms, this includes email.
    2. Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
    3. A notice or other communication is deemed to have been received:
      1. if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
      2. if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
      3. if sent by email, at 9.00 am the next working day after transmission.
    4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
    5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
  22. GENERAL

    1. Assignment and Transfer.
      1. We may assign or transfer our rights and obligations under the Contract to another entity but will notify you in writing or by posting on this webpage if this happens.
      2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in advance in writing.
    2. No Partnership or Agency
      1. Nothing in these Terms is intended to, or will be deemed to, establish any partnership or joint venture between us, constitute either of us as the agent of the other, or authorise either of us to make or enter into any commitments for or on behalf of the other.
      2. Each of us confirm that we are acting on our own behalf and not for the benefit of any other person.
    3. Subcontract. We are entitled to subcontract any of the Services provided within these Terms to a third party without giving prior notice You are only permitted to subcontract any of the Partner Services with our prior written consent.
    4. Variation. We are entitled to vary the Terms from time to time in writing without giving prior notice
    5. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    6. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effec
    7. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
    8. Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
  23. INTERPRETATION

    1. In these terms and conditions (the “Terms”) the following words and phrases will (except where the context otherwise requires) have the following meanings:
      1. “Applicable Law” any applicable law, statute, bye-law, regulation, order, regulatory policy, guidance or industry code, rule of court or directive or requirement or notice of any Regulatory Body, delegated or subordinate legislation;
      2. “Arrangement Call” means any calls between the Partner and the Customer following the Call-back Request submission to discuss invoicing and any other matters in the course of arranging a funeral;
      3. “Booking” means any booking made by a Customer for any of the Partner services made via the Website;
      4. “Beyond Materials” means any literature or any other marketing materials relating to Beyond and the Services;
      5. “Call-back Request” means the submission by a Customer of a request for a call-back by the Partner in the form of an email notification, a telephone call, or any other means of notification at our discretion;
      6. “Customer” means a customer of ours who has made an enquiry via the Website or by calling a phone number listed on our Website, regardless of any previous communication with you;
      7. “Commission” the Commission owed by you to us in connection with the provision of the Services as detailed in Appendix 1;
      8. “Controller Personal Data” means all Personal Data which is owned, controlled or processed by the Disclosing Controller and which is provided by or on behalf of the Disclosing Controller to the Receiving Controller or which comes into the possession of the Receiving Controller as a result of or in connection with these Terms.
      9. “Controller”, “Processor”, “Personal Data” and “Processing” will have the meaning given to them in the Data Protection Laws;
      10. “Data Protection Laws” means the EU Data Protection Directive 95/46/EC, the Data Protection Act 1998 and any other legislation in force from time to time which implements that Directive, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and any laws that replace or amend any of these (including without limitation the General Data Protection Regulation 2016 and, when enacted, the Data Protection Act 2018 (together the “GDPR”)), together with the equivalent legislation of any other applicable jurisdiction and all other applicable law, regulations, guidance and codes of conduct in any relevant jurisdiction relating to the processing of personal data and privacy including the guidance and codes of practice issued by the Information Commissioner’s Office (ICO), the Article 29 Working Party, the European Data Protection Board or any other relevant supervisory authority from time to time
      11. “Insolvent” if you have insufficient assets to discharge your debts and liabilities;
      12. “Intellectual Property Rights” any and all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
      13. “Introduction” means either an introduction by us to you of a Customer, or an introduction by you to us of a Partner Customer;
      14. “Partner Customer” a customer of yours that is referred to us;
      15. “Partner Commission” commission payable by us to you in accordance with Appendix 1;
      16. “Partner Services” means goods and services provided by you in connection with funeral services which are marketed to the public and Customers through our Website;
      17. “Payment Terms” the terms which details the rates of and entitlement to Commission and Partner Commission as well as timings for payment of the same set out in Appendix 1;
      18. “Premises” the property and other facilities from which you operate your business;
      19. “Services” the Services to be provided by us to you in accordance with these Terms being all or any of those services as set out in Schedule 1, Schedule 2, Schedule 3 and Schedule 4 of these Terms as selected by you together with any other services which you agree to take from us;
      20. “Third Party Costs” costs incurred by either you or us including but not limited to crematoria fees, cemetery fees (including plot purchase and internment) and medical certificate fees;
      21. “UGC” user and Customer generated content on the Website;
      22. “VAT” value added tax chargeable under the Value Added Tax Act 1994 and any similar replacement or additional tax;
      23. “Website” means the website at www.beyond.life; and
      24. “Working Day” a day (other than a Saturday, a Sunday or a public holiday in England) on which banks in London are open for business.
    2. In these Terms (except where the context otherwise requires):
      1. words in the singular include the plural and vice versa and reference to any gender includes the others;
      2. eference to “a person” includes a natural person, company or unincorporated body (whether or not having separate legal personality);
      3. reference to “company” includes any company, corporation or other body corporate, wherever and however incorporated or established;
      4. reference to a clause, Schedule or Appendix is to a clause of, or Schedule or Appendix to, these Terms and references to paragraphs are to paragraphs of the relevant Schedule or Appendix;
      5. reference to “these Terms” as varied or novated (in each case, other than in breach of the provisions of these Terms) from time to time;
      6. eferences to legislation are to that legislation as amended, extended or re-enacted from time to time;
      7. reference to a statute or statutory provision will include all subordinate legislation made from time to time under that statute or statutory provision;
      8. ny words following the terms “including”, “include”, “in particular” or any similar terms will be construed as illustrative only and will not limit the sense of the words preceding those terms;
      9. reference to “writing” or “written” includes faxes but not email;
      10. any obligation not to do something includes an obligation not to allow that thing to be done; and
      11. references to days, months or years are to calendar days, months or years unless stated otherwise.
    3. Headings are for convenience only and will not affect the interpretation of these Terms.
    4. The Schedules and Appendix form part of these Terms and will have effect as if set out in full in the body of these Terms. Any reference to these Terms includes the Schedules and Appendix;
    5. If there is a contradiction or inconsistency between any documents or provisions contained in these Terms, it will be resolved by giving precedence to those documents or provisions in the following order:
      1. first, the clauses;
      2. secondly, the Schedules; and
      3. thirdly, the Appendix;

SCHEDULE 1 - SERVICE - “AT-NEED FUNERAL”

  • Description

    A funeral director online comparison service which enables Customers to search for funeral directors and thereby contact them through us via telephone or email in order to purchase a funeral.

  • Beyond responsibilities
    • To promote the At-Need Funeral Service Line across multiple marketing mediums.
    • To ensure equal promotion of each Partner listed on the Website and to use reasonable endeavours to not promote one Partner over and above another Partner listed on the Website.
    • Any Customer enquiries received by Beyond on behalf of a Partner will be directed to the Partner subject to the enquiry and subject to the Partner being up to date with any payments due by them in accordance with Appendix 1 (Payment Terms).
  • Partner responsibilities
    • You warrant that any information on your online profile on the Website is up to date, accurate and all prices and Partner Services offered by you are accurate. Such information includes documentation, software, brands and logos which may be published on our Website.
    • Following a Customer enquiry, you warrant to honour all prices on your profile regardless of whether those prices are accurate or not.
    • You warrant that you will supply the Partner Services at a price which is the best available rate offered on your own website or at your own Premises. The price offered to the Customer must be the same price or less than the price that you market yourself at.
    • You agree that you will notify us within a reasonable timescale following receipt of confirmation from a Customer that an At-Need Funeral is taking place.
    • You must comply with the Payment Terms as set out in the table at Appendix 1.
    • You will use all reasonable endeavours to provide a prompt response to any Customer during the opening hours listed on your account on the Website.
    • You are responsible for obtaining payment from the Customer for the At-Need Funeral.

SCHEDULE 2 - SERVICE LINE - “FUNERAL FINANCE”

  • Description

    We provide a financing service for funerals which enables you to introduce a Partner Customer to us for the purpose of arranging a credit agreement.

    Offering credit is a regulated activity for the purpose of the Regulated Activities Order 2001, making you an Introducer Appointed Representative of us who is authorised and regulated by the Financial Conduct Authority (the “FCA”).

  • Definitions
    • “Real Time Financial Promotion“ financial promotion made in the course of a personal visit, telephone conversation or other interactive dialogue;
    • “FCA“ the Financial Conduct Authority and any successor regulator to it;
    • “FCA Rules“ the FCA's Handbook of Rules and Guidance as amended from time to time and all other rules, regulations, codes or guidance issued by FCA;
    • “The Act“ means the Financial Services and Markets Act 2000 and any amending or replacement legislation which regulates the carrying on of investment insurance or financial business in the United Kingdom. Reference to any section in this Act shall be to that section as amended from time to time and if repealed and replaced then to that section which most closely corresponds to the original section.
  • Beyond responsibilities
    • We will provide appropriate in-store marketing and guidance materials to you in connection with Funeral Finance.
    • We will process the Partner Customer’s credit application and notify you of the outcome of such an application within 3 Working Days.
    • If the credit application is successful and the Customer has paid the deposit, the amount of finance provided will be sent to you via BACs within 5 Working Days of receipt of the deposit.
  • Partner responsibilities
    • You warrant that you will comply with all Applicable Laws and with any FCA requirements.
    • If the Partner Customer’s credit application is successful, you warrant that you will carry out the funeral at the agreed price that you have agreed with the Partner Customer.
    • You will pay the Commission due in respect of the Funeral Finance to us in accordance with Appendix 1.
    • Limit your actions, under this Agreement to effecting introductions to Beyond and distribution of non-real time financial promotions which relate to products or services available from or through Beyond.
    • Ensure that all materials and advice relating to credit agreements will be provided under the name of Beyond.
    • Ensure that all materials provided by Beyond relating to credit agreements will be displayed in an appropriate manner within business premises.
    • Not to deal in or arrange credit agreements contracts with Partner Customers.
    • Not to provide any advice or recommendations to Partner Customers or potential Partner Customers on the matter of credit agreements.
    • Not to assist Partner Customers in the administration of any credit agreement.
    • Not to handle any Partner Customer money with regards to any credit agreement.
    • To refer all complaints received from Partner Customers in relation to your activities or products under this Agreement or any related matters to Beyond.
    • To advise Beyond of any material fact(s) (including any changes to information supplied in the initial application document) which may influence Beyond in deciding whether to continue or terminate this contract.
    • To act exclusively with Beyond with regards to introductions to Partner Customers for credit agreements.
    • To allow Beyond and the FCA and their agents access to premises and property (including all information held by you in any form) for any regulatory purpose and to cooperate fully with such persons for such purpose.
    • To permit Beyond's auditors the same rights of access to documentation, information and explanations as the auditors are given in respect of Beyond by section 341 of the Act.
    • To allow Beyond to submit all information to the FCA as required by The Act to register the Partner as an IAR

SCHEDULE 3 - SERVICE - “ESTATE ADMINISTRATION”

  • Description

    We provide an Estate Administration service whereby you can introduce Partner Customers to us for the purpose or arranging a grant of probate.

  • Beyond responsibilities
    • We will provide appropriate in-store marketing and guidance materials to you in connection with Estate Administration.
    • We will process the application for a grant of probate and use reasonable endeavours to keep you informed of the process. We will pay the Partner Commission to you in accordance with the Payment Terms shown in Appendix 1.

SCHEDULE 4 - SERVICE - “PRE-PAID FUNERAL PLANS”

  • Description
    • We offer a funeral plan to Customers where they can select the Partner whom it wishes to provide the Pre-Paid Funeral Plans.
    • The pricing for Pre-Paid Funeral Plans are calculated as follows:
      1. Your At-Need Funeral fee; plus
      2. Fees added by us; plus
      3. An optional surcharge added by you.
    • You can choose not to offer the Pre-Paid Funeral Plans on the Website by indicating this on your Website account preferences.
  • Beyond responsibilities
    • We will conduct the sale of the Pre-Paid Funeral Plan to the Customer.
    • We will provide all services relating to the Pre-Paid Funeral Plans including working with a third party trust provider to be determined by us.
    • Upon receipt of consent from the Customer, we will issue the Pre-Paid Funeral Plan documentation to the Customer and to you within 28 days.
  • Partner responsibilities
    • You will carry out the Pre-Paid Funeral Plan upon the death of the person subject to the provisions of the Pre-Paid Funeral Plan purchased
    • You warrant that you will pay the Commission to us for the sale and administration of the Pre-Paid Funeral Plan as shown in Appendix 1.
    • Following a Customer enquiry via our Website, you warrant to honour all prices displayed on your website at the date of the Customer enquiry regardless of whether those prices are accurate or not as a matter of fact.

APPENDIX 1 – PAYMENT TERMS AND COMMISSION RATES

SERVICE LINE COMMISSION TO BEYOND BY PARTNERS COMMISSION TO PARTNERS PAID BY BEYOND WHEN ENTITLEMENT TO COMMISSION ARISES TIMING OF PAYMENT OF COMMISSION
At-Need Funeral 10% of final invoice to Customer, excluding any Third Party Costs None The date of the At-Need Funeral. Within 5 Working Days following the date of the At-Need Funeral by way of direct debit.
Funeral Finance None None The date we transfer the sum obtained under Funeral Finance to you. Immediately following payment from us to you of the Funeral Finance by deduction from the Customer deposit.
Estate Administration None £125 plus VAT The date we receive the Estate Administration Fee from the Customer. Within 5 Working Days of receipt from the Customer to Beyond of the Estate Administration Fee, Beyond will transfer the Commission to the Partner by BACs.
Funeral Plans £195 plus VAT for Funeral Plans sold via the Website
£145 plus VAT for Funeral Plans referred to Beyond via Partner
The date that we receive payment of either the deposit or full payment for the Funeral Plan from the Customer. On the date that we receive from the Customer either the deposit or full payment in respect of the Funeral Plan, whichever is earlier by deduction by us from these monies.