TERMS AND CONDITIONS OF YOUR AGREEMENT
These Terms and Conditions, Your Plan Certificate and Your Welcome Pack, make up the Agreement between You and Us.
If there is any conflict or ambiguity between these Terms and Conditions, Your Plan Certificate and Your Welcome Pack the following order of precedence shall apply:
- these Terms and Conditions;
- Your Plan Certificate; and
- Your Welcome Pack.
By making a payment to Us, You are agreeing to purchase Your Plan subject to the terms and conditions of this Agreement.
For the purposes of this Agreement the following terms have the following meanings:
“Agreement” means these Terms and Conditions, Your Plan Certificate and Your Welcome Pack as amended from time to time in accordance with the terms of this Agreement.
“Cancellation Fee” means the £595 charge that applies if You cancel Your Plan more than 30 days from the Start Date or if We elect to cancel Your Plan in accordance with the terms of this Agreement.
“CPI” means the consumer price index.
“Data Protection Legislation” means the UK Data Protection Legislation and (for so long as and to the extent that the law of the EU has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable EU regulation relating to data protection and privacy.
“Disbursements” means the costs payable to third parties in relation to Your Plan that the Funeral Director incurs on Your behalf. This may include cremation or cemetery fees, doctors’ fees and ministers’ fees or any other costs or fees payable to a third party in relation to Your Plan. Disbursements up to the limits specified below are included in the price of Your Plan. At the Start Date the Disbursement limit for specific plan types (unless otherwise agreed with Us) are:
- £1,000 for the Silver, Gold and Platinum plans; and
- There is no allowance for Disbursements in the Bronze plan.
“Fees of Your Funeral Director” means the fees incurred for the Services of Your Funeral Director.
“Funeral Director” means the funeral director nominated by Us to fulfil Your Plan in accordance with Clause 3 or any other funeral director appointed by Us in accordance with this Agreement.
“Instalments” shall have the meaning set out in Clause 6.1.2.
“Net Balance of Trust” means the payments that have been made towards Your Plan minus the Cancellation Fee plus CPI inflation.
“Next of Kin” means Your next of kin but may also mean the personal representatives of Your estate.
“Personal Data” means any information about You from which You can be identified. It does not include data where the identity aspect has been removed.
“Plan Certificate” means the certificate pack issued to You within 30 days of the Start Date as amended from time to time in accordance with this Agreement.
“Plan Price” means the price of Your Plan as set out in Your Welcome Pack.
“Plan Price List and Charges” means Our list of prices and charges for the plans provided by Us, as amended from time to time.
“Services of Your Funeral Director” means the services supplied directly by the Funeral Director in relation to Your Plan. Only those Services of Your Funeral Director specified in Your Plan Certificate are included in Your Plan.
“Special Requests” means any requests You have shared with Us. Please note that these are requests only and although We will take reasonable steps to fulfil them they cannot be guaranteed.
“Start Date” means the date on which You make Your first payment towards Your Plan.
“Time of Need” means the period following the date of Your death.
“Trust” shall have the meaning set out in Clause 8.1.
“Us”, “We”, “Our” means Prosperous Life Ltd.
“You”, “Your” means the holder of Your Plan or the holders of Your Plan where there are joint applicants.
“Your Plan” means Your chosen funeral plan as specified and detailed within Your Welcome Pack and Your Plan Certificate as amended from time to time in accordance with the terms of this Agreement.
“Your Welcome Pack” means the personalised illustration letter setting out the cost and duration of Your Plan that We will send to You as amended from time to time in accordance with this Agreement.
- Qualification for and purpose of Your Plan
1.1 You are qualified to apply for a plan if You are over 18 at the Start Date.
1.2 All plans must be paid for in full by Your 85th birthday. If You choose to pay by Instalments this will be considered when discussing Your Plan’s repayment term at the onset and where any changes are made to Your Instalments mid-term.
1.3 Anyone can apply for a pre-paid funeral plan where the age restrictions set out in Clause 1.1 and 1.2 are met.
- What Your Plan Includes
2.1 The Fees of Your Funeral Director are fixed for the lifetime of Your Plan, regardless of how much these costs may rise in the future. We guarantee that the Services of Your Funeral Director will be procured by Us on Your behalf at no extra cost to You or Your Next of Kin, provided that the funeral is carried out by the Funeral Director in accordance with the specifications stated on Your Plan Certificate or as agreed in writing by Us.
2.2 Your Plan may contain an allowance for Disbursements. This allowance will be set out on Your Plan Certificate.
2.3 We reserve the right to review the allowance for Disbursements on Our plans annually. Where We decide to amend the allowance for Disbursements included in Your Plan We will agree any changes with You in writing.
2.4 If at Your Time of Need the actual Disbursements costs charged by the Funeral Director exceed the Disbursement allowance of Your Plan there may be a balance to be paid by Your Next of Kin.
2.5 CPI inflation is applied to the Fees of Your Funeral Director and any Disbursements annually at the anniversary of the Start Date.
- Your Funeral Director
3.1 We work with a panel of contracted, independent funeral directors. Within 30 days of the Start Date of Your Plan We will allocate You a funeral director from this panel. Details of Your Funeral Director will be included within the Plan Certificate provided to You in accordance with Clause 4.
3.2 We will use reasonable endeavours to provide a chapel of rest and/or a crematorium within Your local area (within a radius of approximately 25 miles from Your address), provided that this is included in Your Plan.
3.3 Where You request a specific funeral director We will use reasonable endeavours to allocate Your Plan to them. Where this is not possible We will proceed to allocate Your Plan to a funeral director from Our panel at Our discretion. We will attempt to contact You as soon as reasonably practicable to notify You of this. If You do not accept the alternative funeral director provided, You have the right to cancel Your Plan in accordance with Clause 12.
3.4 If You change Your address You must tell Us, as We may need to nominate an alternative funeral director to provide the Services of Your Funeral Director.
3.5 On the rare occasion where We are unable to secure a funeral director for You from Our panel, We reserve the right to cancel Your Plan and offer You a full refund.
- Your Plan Certificate
4.1 We will send You 2 copies of Your Plan Certificate within 30 days of Your Start Date. You should keep one copy in a safe place and give the second copy to Your Next of Kin.
4.2 If You lose Your Plan Certificate or change Your address, please contact Us and We will supply a suitable replacement.
- What Your Plan does not cover
5.1 Your Plan provides only those plan benefits detailed in Your Plan Certificate. You may make a Special Request for Your funeral, but any associated costs for a Special Request will not be covered by Your Plan.
5.2 If You choose one of Our plans for burial, Your Plan will not include the cost of purchasing a grave plot.
5.3 Your Plan does not cover the costs of repatriation from outside the United Kingdom by the Funeral Director.
5.4 Your Plan will not provide any benefits outside of the United Kingdom.
- Paying for Your Plan
6.1 You can choose between two payment methods:
6.1.1 Lump Sum – a single payment in full to be made on the Start Date; or
6.1.2 Instalments – payment by a set number of instalment payments agreed with Us. A minimum initial deposit may be required where You choose to pay by Instalments.
6.2 Where We have agreed to accept payment by Instalments, We will apply a charge of 4.7% per annum (or such charges as are set out in Your Welcome Pack at the Start Date) to the balance of the Plan Price if the Instalments are agreed to be paid over a period greater than 12 months. The 4.7% charge does not form part of the Fees of Your Funeral Director or of the Disbursements and is payable from the first month of Your Plan.
6.3 If You choose to pay by Instalments and You wish to make the Plan fully paid, You can do this by requesting a statement of the balance outstanding under the Plan from Us, and then paying that balance.
6.4 You may increase and/or decrease the amount of Your Instalments at any time during the payment term with Our consent. Increasing payments will reduce the Instalment term initially agreed and may reduce the total amount to pay to make Your Plan fully paid. Decreasing payments will increase the Instalment term and may increase the total amount to pay to make Your Plan fully paid.
- If the Plan is Not Fully Paid at the Time of Your Death
7.1 If Your Plan has not been paid in full at Your Time of Need it may not provide the benefits shown on Your Plan Certificate. If at Your Time of Need Your Plan has not been fully paid We will provide Your Next of Kin with a statement of the balance that is required to be paid to make Your Plan fully paid.
7.2 Your Next of Kin will have the choice of paying for (or reaching terms acceptable to Us for payment of) the outstanding balance in full so that Your funeral can be arranged, or notifying Us that they wish to cancel Your Plan. If Your Next of Kin chooses to cancel Your Plan, following receipt of Your death certificate, We will refund the Net Balance of Trust or, in the event of a state assisted funeral, We will pay the Net Balance of Trust to Your estate. We will have no further obligation to fulfil Your Plan.
- Your Money and the Great British Funeral Trust Fund
8.1 The money paid by You is a pre-payment for the cost of the funeral arrangements specified in Your Plan. This is payable direct into the bank account of the “Trust“. From the money held in the Trust the trustees undertake to make the following payments:
8.1.1 We are paid an allowance for the marketing, administration, overheads, instalment charges and the lifetime management of the plans. Following receipt of Your Plan Certificate, these costs can be made available to You upon request to the Trust.
8.1.2 Any costs for the Trust funds’ management services, account audits, actuary valuations and other scheme expenses;
8.1.3 Any additional costs and charges in addition to Your agreed Plan Price, but only in agreement with You; and
8.1.4 Payment of the funeral services to the Funeral Director as included within Your Plan.
8.2 The funds in the Trust are held separately to Our funds and are managed by independent trustees to ensure Your money is protected.
8.3 In the unlikely event that We cease trading or We are unable to meet Our obligations under Your Plan then the Trust will pay You (a) the amount required to fund the funeral specified in Your Plan; or, if lower (b) an amount equal to the payments made towards Your Plan plus CPI inflation. If there are insufficient funds in the Trust to make these payments, then all payments to plan holders will be payable at a reduced pro rata rate.
8.4 Neither You, Your Next of Kin, anyone claiming on Your behalf or on behalf of Your estate are entitled to any interest on or income from the money paid by You or on Your behalf for Your Plan.
- If You stop paying Instalments part way through the Term
9.1 If You stop paying the Instalments before Your Plan becomes fully paid You may reinstate Your Plan by re-commencing payments within 60 days of the date of Your first missed Instalment.
9.2 If You do not re-commence payments within 60 days of the date of Your first missed Instalment, but request to re-commence payments at a later date We will conduct a review of Your Plan taking into account the Plan Price List and Charges prevailing at the time of Your request and Your Instalments paid to date. Our review may lead to an increase in the total amount You are required to pay to reinstate Your Plan and/or may lead to an extension of the term of Your Instalments.
9.3 If You do not re-commence payments in accordance with Clause 9.2, Your Instalments made will be held in the Trust, unless We receive written notification of Your instruction to cancel in accordance with Clause 12. At Your Time of Need, either:
9.3.1 We will pay the Net Balance of Trust to Your nominated Funeral Director as a contribution towards the costs of Your Plan; or
9.3.2 In the event of a state assisted funeral, We will pay the Net Balance of Trust to Your estate and We will have no further obligation to fulfil Your Plan.
10.1 Complaints about Your Plan should be made by telephone to 0161 850 7586 or in writing sent by first class post to Prosperous Life Limited, 11 Warren Road, Cheadle Hulme Cheshire SK8 5AA. We will acknowledge receipt of Your complaint within 7 days and aim to resolve Your complaint within 8 weeks.
10.2 If We are unable to reach a mutually satisfactory outcome to Your complaint We will refer Your complaint to an independent arbitrator. We agree to abide by the decision of the independent arbitrator.
- Changing Your Plan
11.1 If You wish to make amendments or changes to Your Plan please contact Us by telephone on 0161 8507586
11.2 If We agree to Your proposed amendment or change We will send You written confirmation of the changes made.
- Cancelling Your Plan
12.1 You have the right to cancel Your Plan within 30 days of the Start Date and to receive a full refund of all monies paid. If You decide to cancel Your Plan within 30 days of the Start Date You must notify Us either: • by writing to Prosperous Life Limited, 11 Warren Road, Cheadle Hulme, Cheshire, SK8 5AA; • by calling Us on 0161 8507586; or • by emailing Us at email@example.com.
12.2 If You decide to cancel Your Plan more than 30 days from the Start Date, please inform Us in writing at Prosperous Life Limited, 11 Warren Road, Cheadle Hulme, Cheshire, SK8 5AA. If You decide to cancel Your Plan in accordance with this clause We will refund You the balance of any money paid less the Cancellation Fee of £595. Should You have paid an amount equal to or less than the Cancellation Fee, no refund will be payable.
12.3 If You cancel Your Plan We will have no further obligation to fulfil Your Plan.
- Procedure for Your Next of Kin at the Time of Need
13.1 At Your Time of Need Your Next of Kin should contact Your Funeral Director as detailed on Your Plan Certificate, and give them a copy of Your Plan Certificate. The Funeral Director will contact the Trust to establish if Your Plan is fully paid. Any Special Requests will be communicated to Your Next of Kin and Your Funeral Director. If Your Plan is fully paid the funeral will proceed.
13.2 The Trust will pay the Funeral Director to provide the funeral specified in Your Plan. There may be a balance to pay at the Time of Need if the actual Disbursements paid on Your behalf by Your Funeral Director are more than the Disbursements covered by Your Plan.
13.3 Any additional services requested at Your Time of Need that are not included in Your Plan shall be paid directly to Your Funeral Director by Your Next of Kin.
13.4 No refund is payable for services included in Your Plan that Your Next of Kin choose not to receive at Your Time of Need.
13.5 If Your Next of Kin wishes to cancel Your Plan, following receipt of Your death certificate, the Trust will return all the payments made, less the Cancellation Fee. We will have no further obligation to fulfil Your Plan.
13.6 If You have chosen to pay by Instalments and Your Plan has not been paid in full at the time of Your death, We will send Your Next of Kin a statement detailing the balance outstanding to make Your Plan V01 21.05.2019 fully paid, in accordance with Clause 7. Your Next of Kin have the option to either:
13.6.1 Pay or provide a clear commitment (in a form satisfactory to Us) to pay the balance outstanding in full before Your funeral can be arranged; or
13.6.2 If Your Next of Kin wish to cancel Your Plan they should write to Us, including a copy of Your death certificate, at Prosperous Life Limited, 11 Warren Road, Cheadle Hulme, SK8 5AA, and We will return all the payments made, less a Cancellation Fee. We will have no further obligation to fulfil Your Plan.
- Unclaimed benefits
14.1 You or Your Next of Kin are responsible for claiming the benefits under Your Plan.
14.2 If the benefits under Your Plan have not been claimed after Your 90th birthday We may try to contact You or Your Next of Kin. If after 7 years We have been unable to contact You or Your Next of Kin We will consider that You have chosen not to claim the benefits and the Trust will be entitled to retain the payments made by You and We will cancel Your Plan.
14.3 If Your Next of Kin notifies Us of Your death after Your funeral has taken place, but did not claim against Your Plan, they may be entitled to a payment, under Your rights in Clause 13.5.
15.1 Your Plan does not currently include Value Added Tax (VAT) because it is not charged on the items/services included in the funeral plans on the Start Date. Some additional services may attract VAT, according to the regulations set out by HMRC, and We will include such VAT on the cost of any additional items on Your Plan.
15.2 If the law changes and VAT becomes payable on some or all of Your Plan, that VAT will be payable as an additional charge by You or Your Next of Kin before Your Plan can be treated as fully paid.
- Your Personal Data
16.1 In providing You with Your Plan We may collect, use, and transfer the Personal Data you provide to us.
16.2 The Personal Data We collect, use, store and transfer may include generic Personal Data (including but not limited to identity, contact, financial, transaction and technical data) and special category Personal Data the use for which We will obtain Your consent.
16.4 We will share Your Personal Data to enable us to fulfil Your Plan with other companies associated with Us.
16.5 We may also share Your Personal Data with carefully selected third parties which may include those outside the European Economic Area (EEA).
16.8 You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK’s supervisory authority for data protection issues (www.ico.org.uk). If You do wish to make a complaint We request that before contacting the ICO We are given the chance to deal with your concerns by following the complaints procedure in accordance with Clause 10.
17.1 We may vary the terms of this Agreement at any time upon giving You twenty-eight days’ prior written notice if and when it becomes necessary or appropriate to do so in order for Us to comply with legal, fiscal or regulatory requirements.
17.2 We are not liable for the acts or omissions of any Funeral Director appointed to Your Plan unless We have been negligent in the appointment of that Funeral Director.
17.3 We have no further obligation to You or Your Next of Kin beyond the obligations set out in this Agreement or as otherwise agreed by Us in writing.
17.4 You cannot assign Your rights and obligations under this Agreement.
17.5 This Agreement is subject to English Law, and, without prejudice to the requirements of Clause 10.2, You and We agree to submit to the non-exclusive jurisdiction of the English Courts.