The Shires - Terms and Conditions

The Shires and Direct Ceremonies 

TERMS AND CONDITIONS

• These Terms and Conditions shall apply to the provision of bespoke funeral celebration services including writing and delivering to Clients by Funeral Celebrants working with The Shires Funeral Celebrants

1. Definitions and Interpretation 

(a) In these Terms and  Conditions, unless the context otherwise requires, the following expressions   have the following meanings:

The Shires 

Means the organisations The Shires Funeral Celebrants

Client

Means the person(s) entering into an agreement with The Shires for the     provision of writing a bespoke funeral celebration service and delivering a     funeral service 

Funeral Celebrant 

Means the  person charged with writing the Written Funeral Service and in this case     being fully trained and certificated by the Fellowship of Funeral Celebrants or other recognised professional body providing the same certification accepted by The Shires

Funeral     Director 

Means any funeral director entering into an agreement directly or indirectly with The Shires with a view to The Shires Funeral Celebrants providing their clients with a Written Funeral Service and delivering their Funeral Service

Written Funeral Service 

Means the Written Funeral Service provided by the Funeral Celebrant to the Client

Funeral  Service 

Means the delivery of the Written Funeral Service by the Funeral Celebrant at a place     and time agreed with the Client

(b) Unless the context otherwise requires, each reference in these Terms and Conditions refer to:

1.b.1 “These Terms and Conditions” is a   reference to these Terms and Conditions and each of the Schedules as amended   or supplemented at the relevant time;

1.b.2 a Clause or sub-Clause is a reference   to a Clause of these Terms and Conditions; and

(c) The headings used in hese Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

(d) Words imparting the singular shall include the plural and vice versa.

(e) References to any gender shall include all other genders.

2. Funeral Celebrants 

(a) Are self-employed and not employed by The Shires as such The Shires is not a party to any contract that exists between the Client and the Funeral Celebrant

(b) The Funeral Celebrant is fully qualified and is certificated by The Fellowship of Professional Celebrants or other recognised professional celebrant body agreed from time   to time by the founding The Shires Celebrants

3. The Written Funeral Service

(a) The Funeral Celebrant, once assigned, will engage with the Client within 2 working days of the initial contact whether made by phone, email or directly from the The Shires website

(b) The Funeral Celebrant will meet with the Client in a mutually agreed place or if the Client prefers,   by telephone or by online video call, the Client must be comfortable with the   arrangement and it should not be in a public place such as café, pub etc to   protect confidentiality 

(c) If within 14 days of the initial meeting the client wishes to cancel then a full refund less expenses   incurred will be paid, the expenses will not exceed 25% of the fees paid

(d) Following the initial meeting with the Client the Funeral Celebrant will submit a written draft of   the Written Funeral Service within 21 working days for the Client to proofread.   The Funeral Celebrant will make changes to the initial Written Funeral Service   requested by the Client and further submit the revision to the client for   approval, this process can happen three times after which the client will be   liable for extra fees as per the fees listed on the Direct Ceremonies website

(e) In the event the Funeral Celebrant is unable to provide the Written Funeral Service the Client will be notified and allocated to one of the other Funeral Celebrants engaged by The Shires

(f) If the Funeral Celebrant fails to provide the client the Written Funeral Service within the time frames set out in 3 (a,b,c) then any fees paid by the Client will be refunded  on a pro rata basis.

(g) Once the Client approves the final proof the Funeral Celebrant will discharge, to the Client, the   document by way of a printed PDF doc by post or a PDF of the document by   email.

(h) The written funeral service will be bespoke and not copied directly from others previously provided by the Funeral Celebrant however, there may be similarities in wording used etc due to the nature of the service being provided

4. Fees and Payment

(a) Fees for writing the funeral service must be paid in advance on engaging the Funeral Celebrant, advice on how these can be paid will be given to the Client by the Funeral Celebrant and are paid directly to the Funeral Celebrant either in person or via the website payment facility fees will will be passed directly to the Funeral Celebrant once cleared

(b) The Shires reserves the right to change fees at any time, however where payment has been   made in advance, no additional sums shall be charged (nor, where fees are   reduced, shall any refunds be given). Revised fees shall apply to future bookings only.

(c) Invoices issued will be in the name of the Funeral Celebrant engaged

(d) Where the Written Funeral Service has been discharged to the Client the Funeral Celebrant will not charge any further fees excepting 3 (c) and for further engagement in   delivering the Funeral Service

(e) The initial fee paid is purely for the writing of the funeral service 

(f) Should payment of any invoice not be received by the due date the Client shall pay interest on the   overdue amount at the rate of 8% per annum above Barclays Bank Plc's base   rate from time to time. Such interest shall accrue daily from the due date   until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with late payment compensation on   the overdue amount as per the formula provided on www.smallbusinesscommissioner.gov.uk  website

(g) In relation to payments disputed in good faith, interest under clause 4(f) is payable only after the dispute is resolved on sums found or agreed to be due, from the due date   until payment.

(h) If the Client decides at any point to engage the Funeral Celebrant to deliver the Funeral Service then the fee for this must be paid in advance, this fee is extra to the fee   mentioned in 4 (a) and is posted on The Shires and  Direct Ceremonies websites

(i) Fees posted on The Shires website www.theshires.co are subject to change at any time 

(j) If engaging our services through a solicitor, Independent Financial Advisor, Funeral Director then Invoices will usually come directly from them

(k) Additional fees such as mileage, accommodation fees may be charged for services provided outside of the specified area which is a 30 mile radius of Raunds Northamptonshire NN9

5. Funeral Celebrant’s Obligations

The Funeral Celebrant shall, at all times:

(a) use their reasonable 

endeavours to provide the Client with the Written Funeral Service within the   timescales set out in section 3

(b) be professional and courteous at all times towards the Client and their families or   representatives

(c) keep proper records of all transact

(d) act in accordance with

the law

(e) if engaged to deliver the Funeral Service the Funeral Celebrant will, once payment has been made for  this service, communicate with the Client, their chosen venue and any other   interested party to ensure the delivery of the Funeral Service runs as   smoothly as possible 

(f) assist the Client with their choice of songs etc and where appropriate and if available provide a speaker such as a wireless Bluetooth speaker for any Funeral Service where   they are engaged to deliver that Funeral Service 

6. Clients Obligations

(a) The Client will provide information and evidence such as is required for the Funeral Celebrant to be  able to compose the Written Funeral Service 

(b) Once the Written Funeral Service   has been discharged to the Client it will become their property and the Funeral Celebrant will have no further input other than if the Client engages the Funeral Celebrant to deliver the Funeral Service

(c) The Client can, once the Written Funeral Service has been discharged to them, make changes and   alterations to the document 

(d) The Client will provide,  at least three working days before the Funeral Service, the Funeral Celebrant copies of any written testimonial, eulogy, poem or reading which is due to be delivered on the day of the Funeral Service by a family member, friend or   colleague so that in the event the speaker is finding it difficult to deliver the Funeral Celebrant can assist or take over if needed 

7. Insurance

(a) The Funeral Celebrant will have adequate Professional Indemnity Insurance.

(b) The Client is responsible for any claims made against them by the Funeral Celebrant or by any third   party engaged by the Client for the purpose of holding a Funeral Service

8. Funeral Service Delivery

(a) The Funeral Celebrant, once engaged by the Client, will arrive at the venue in good time or if unable to for unavoidable reasons appoint another Funeral Celebrant to arrive in good time and deliver the prepared Written Funeral Service taking into consideration any changes, additions or alterations made by the Client, the Client will have given the Funeral Celebrant sight of the changed   document at least three working days before the ceremony is due to take   place. 

(b) The Funeral Celebrant will assist and guide any speakers delivering testimonials, eulogies, poems or readings and where appropriate step in to assist any speaker as required

9. Liability

(a) The Shires nor the Funeral Celebrant shall be liable to the Client for any loss or damage caused, howsoever occasioned, to the extent that:

9.a.1  there has been no breach of a legal duty owed to the Client;

9.a.2 the loss or damage was not reasonably   foreseeable;

9.a.3 the loss or damage (or increase in the   same) was the fault of the Client;

9.a.4 the loss or damage results from   circumstances beyond the reasonable control of The Shires or the Funeral Celebrant; or

9.a.5 any loss of profit, or any indirect or   consequential loss arising under or in connection with the contract, whether   in contract, tort (including negligence), breach of statutory duty, or   otherwise.

(b) Nothing in these terms and conditions shall limit or exclude The Shires and the Funeral Celebrants liability for:

9.b.1 death or personal injury caused by its   negligence, or the negligence of its employees, agents or subcontractors;

9.b.2 fraud or fraudulent misrepresentation; or

9.b.3 breach of the terms implied by section 2   of the Supply of Goods and Services Act 1982 (title and quiet possession).

10. General

(a) The Clients rights as a consumer under consumer protection legislation from time to time in force   shall not be affected by these Terms and Conditions.

(b) The Shires and the Funeral Celebrants may, from time to time, change these Terms and Conditions without notice, however it will use its reasonable endeavours to inform the Client as soon as is reasonably possible of any such changes.

11. Complaints

In the unlikely event of a complaint the Client should speak to their Funeral Celebrant about this in the first instance. Should their complaint not be dealt with to their satisfaction they should address their complaint in writing to The Shires at 14 Welland Close, Raunds, Northamptonshire NN9 6SQ. We will endeavour to respond to your complaint within 14 days. 

12. Data Protection

 The Shires the Funeral Celebrants will share the Clients personal data with any third parties for any reason without the prior consent of the Client. Such data will only be collected, processed  and held in accordance with The Shiresand the Funeral Celebrants rights and obligations (as applicable) arising under the provisions and principles   of the Data Protection Act 1998.

13. No Waiver

No   failure by either The Shires or the Funeral Celebrant to enforce any provision in these Terms and Conditions shall constitute a waiver of the   right to subsequently enforce that provision or any other provision of these   Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and   shall not constitute a continuing waiver.

14. Severance

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.

15. Law and Jurisdiction

(a) These Terms and   Conditions (including any non-contractual matters and obligations arising   therefrom or associated therewith) shall be governed by, and construed in   accordance with, the laws of England and Wales.

(b) Any dispute, controversy,   proceedings or claim between the Parties relating to these Terms and   Conditions (including any non-contractual matters and obligations arising   therefrom or associated therewith) shall fall within the jurisdiction of the   courts of England and Wales.       August 2024