Funeral Diary Terms and Conditions

These Terms and Conditions ("Terms") govern your use of Funeral Diary and form a legally binding agreement between you ("Customer", "you" or "your") and Funeral Diary trading as Funeral Diary Ltd (Company registration 11462863) ("Funeral Diary", "we", "us" or "our").

By creating an account, starting a free trial, purchasing a subscription or otherwise using Funeral Diary, you confirm that you have read, understood and agree to these Terms.

If you are entering into these Terms on behalf of a company, partnership or other organisation, you confirm that you have authority to bind that organisation.

1. Definitions

In these Terms:

Account means the account created by the Customer to access Funeral Diary.

Authorised User means an individual authorised by the Customer to access and use the Service.

Customer Data means all information, records, documents, images, personal data and other information entered into or uploaded to Funeral Diary by or on behalf of the Customer.

Free Trial means the initial period during which Funeral Diary is made available to a Customer without subscription charges, subject to these Terms.

Subscription means the paid subscription purchased by the Customer to access the Service.

Service means the Funeral Diary software application, website, mobile functionality, features, integrations and associated services provided by Funeral Diary.

Subscription Term means the period for which a Subscription has been purchased.

Third-Party Service means any third-party application or service which connects to or interacts with Funeral Diary, including accounting, payment and calendar services.

Documentation means any user guides, instructions or other documentation supplied by Funeral Diary relating to the Service.

2. About Funeral Diary

2.1 Funeral Diary is a cloud-based software platform designed to help funeral directors manage and organise their businesses.

2.2 The Service may include functionality such as:

• funeral and service management;
• client and family records;
• staff availability and scheduling;
• multiple diaries;
• crematorium and service information;
• memorial management;
• mortuary register functionality;
• document production;
• email notifications;
• payment functionality;
• accounting integrations;
• calendar integrations;
• multiple branch management;
• audit trails and activity records;
• mobile and tablet access; and
• other functionality introduced by Funeral Diary from time to time.

2.3 Funeral Diary may add, modify, improve or remove features from the Service provided that such changes do not materially reduce the overall functionality of the Service.

2.4 Funeral Diary is intended to support the Customer's business processes. It does not constitute legal, regulatory, accounting, financial or professional advice.

3. Eligibility and Account Registration

3.1 The Service is intended primarily for businesses and organisations operating funeral services.

3.2 To use the Service, the Customer must provide accurate and complete information when creating an Account.

3.3 The Customer is responsible for ensuring that information associated with its Account remains accurate and up to date.

3.4 The Customer must ensure that each Authorised User has appropriate permission to access the Service.

3.5 Account credentials must not be shared between individuals where individual user accounts are available.

3.6 The Customer is responsible for maintaining the confidentiality of usernames, passwords and other authentication information.

3.7 The Customer must notify Funeral Diary promptly if it believes an Account has been accessed without authorisation.

4. Free 30-Day Trial

4.1 Funeral Diary may offer a free trial of the Service for a period of 30 days, unless otherwise agreed in writing.

4.2 The Free Trial begins when the Customer's Account is activated.

4.3 The Free Trial is intended to allow the Customer to evaluate the Service before committing to a paid Subscription.

4.4 Unless otherwise agreed, the Customer will not be charged during the Free Trial.

4.5 At the end of the Free Trial, the Customer must select an appropriate paid Subscription if it wishes to continue using the Service.

4.6 Unless expressly agreed otherwise, a paid Subscription will not automatically begin at the end of the Free Trial without the Customer taking the required action to purchase or activate a Subscription.

4.7 Funeral Diary reserves the right to limit a Customer to one Free Trial.

4.8 Funeral Diary may suspend or terminate a Free Trial where it reasonably believes that the trial is being abused, duplicated or used for purposes other than genuine evaluation.

4.9 Customer Data entered during the Free Trial remains subject to these Terms.

5. Subscription and Fees

5.1 Continued access to the Service following the Free Trial requires a paid Subscription.

5.2 Subscription prices are those displayed by Funeral Diary at the time the Subscription is purchased or otherwise agreed with the Customer.

5.3 Unless stated otherwise, prices are exclusive of VAT and other applicable taxes.

5.4 Subscription fees are payable in accordance with the payment method and billing arrangements agreed with the Customer.

5.5 The Customer authorises Funeral Diary, or its appointed payment provider, to collect applicable Subscription fees using the payment method supplied.

5.6 Funeral Diary may change Subscription pricing by giving reasonable notice to affected Customers.

5.7 Changes to pricing will normally take effect at the beginning of the Customer's next renewal period unless otherwise agreed.

5.8 Subscription fees are non-refundable except where required by law or expressly agreed otherwise.

6. Late or Failed Payments

6.1 If a Subscription payment fails, Funeral Diary may notify the Customer and request an alternative payment method.

6.2 If payment remains outstanding, Funeral Diary may suspend access to the Service after giving the Customer reasonable notice.

6.3 Suspension for non-payment does not remove the Customer's obligation to pay outstanding fees.

6.4 Funeral Diary may charge reasonable costs associated with recovering overdue payments where permitted by law.

7. Use of the Service

7.1 Funeral Diary grants the Customer a limited, non-exclusive, non-transferable right to access and use the Service during the applicable Subscription Term.

7.2 The Customer may use the Service only for its legitimate business purposes.

7.3 The Customer must not:

• copy, reproduce or redistribute the Service except where expressly permitted;
• attempt to reverse engineer, decompile or disassemble the Service;
• interfere with the operation or security of the Service;
• use the Service to transmit malicious software;
• attempt to gain unauthorised access to another Customer's account;
• resell or commercially exploit access to the Service without written permission;
• use automated methods to extract data from the Service except through functionality expressly provided by Funeral Diary;
• use the Service in breach of applicable law or regulation; or
• knowingly use the Service in a way that could damage Funeral Diary or its infrastructure.

8. Authorised Users

8.1 The Customer is responsible for all activity undertaken through its Account by its Authorised Users.

8.2 The Customer must ensure that Authorised Users only have access to information appropriate to their role.

8.3 Where the Service provides user permissions or role-based access, the Customer is responsible for configuring those permissions appropriately.

8.4 The Customer must remove or disable access for individuals who no longer require access to the Service.

9. Customer Responsibilities

9.1 The Customer remains responsible for the accuracy, completeness and legality of Customer Data.

9.2 The Customer is responsible for ensuring that it has all necessary rights, permissions and lawful bases required to enter Customer Data into the Service.

9.3 The Customer must ensure that its use of Funeral Diary complies with applicable laws and regulations.

9.4 The Customer remains responsible for its own internal policies, procedures, record-retention requirements and regulatory obligations.

9.5 Funeral Diary may provide features designed to support good record keeping, accountability and compliance, but use of Funeral Diary does not itself guarantee that the Customer is compliant with any particular legal or regulatory requirement.

9.6 The Customer should maintain appropriate internal procedures for reviewing information entered into Funeral Diary.

10. Customer Data

10.1 The Customer retains ownership of Customer Data.

10.2 The Customer grants Funeral Diary a limited licence to host, store, process, transmit, reproduce and otherwise use Customer Data solely as necessary to provide, maintain, secure and improve the Service and to meet our contractual and legal obligations.

10.3 Funeral Diary will not sell Customer Data to third parties.

10.4 Funeral Diary may use aggregated or anonymised information derived from use of the Service for legitimate purposes such as service development, analytics, security and performance monitoring, provided that such information does not identify the Customer or an individual.

10.5 The Customer is responsible for ensuring that information entered into Funeral Diary is accurate and appropriate for the intended purpose.

11. Data Protection

11.1 The parties acknowledge that the Customer will generally act as the data controller in respect of personal data entered into Funeral Diary for the Customer's business purposes.

11.2 Funeral Diary will generally act as the data processor in respect of such personal data.

11.3 Funeral Diary will process personal data only in accordance with the Customer's documented instructions, these Terms and applicable data protection legislation, except where processing is required by law.

11.4 The parties agree to comply with applicable UK data protection legislation, including the UK GDPR and the Data Protection Act 2018, as amended or replaced from time to time.

11.5 The data processing provisions contained in Schedule 1 form part of these Terms.

11.6 Where Funeral Diary processes personal data for its own independent purposes, including account administration, billing, security, service improvement or legal compliance, Funeral Diary may act as a data controller for that processing.

12. Security

12.1 Funeral Diary will implement reasonable technical and organisational measures designed to protect Customer Data against unauthorised access, loss, destruction, alteration or disclosure.

12.2 Funeral Diary may use measures including access controls, authentication, monitoring, backups and other appropriate safeguards.

12.3 The Customer is responsible for maintaining appropriate security of its own devices, networks, passwords and Authorised User accounts.

12.4 No internet-based system can be guaranteed to be completely secure. Funeral Diary does not guarantee that the Service will be immune from all security threats.

12.5 Where Funeral Diary becomes aware of a personal data breach affecting Customer Data, it will notify the Customer without undue delay in accordance with applicable legal requirements and the arrangements in Schedule 1.

13. Data Migration and Importing Existing Data

13.1 Funeral Diary may offer assistance with transferring Customer Data from an existing system, spreadsheet or other source.

13.2 Any migration assistance provided by Funeral Diary will be subject to the Customer supplying the source data in an agreed format.

13.3 The Customer remains responsible for ensuring that it has the right to provide source data to Funeral Diary.

13.4 The Customer is responsible for checking migrated data for accuracy and completeness following migration.

13.5 Funeral Diary will take reasonable care when performing migration services but does not guarantee that data supplied in an incompatible, incomplete or corrupted format can be transferred without alteration.

13.6 Where appropriate, Funeral Diary may agree additional migration services or charges with the Customer before undertaking substantial migration work.

14. Data Export

14.1 Funeral Diary will provide reasonable means for Customers to export Customer Data where such functionality is available.

14.2 On termination of a Subscription, the Customer should request any required export of Customer Data within the applicable data retrieval period.

14.3 Funeral Diary may provide reasonable assistance with data export where technically practicable.

14.4 Additional fees may apply for bespoke data extraction or migration services outside standard export functionality.

15. Data Retention and Deletion

15.1 Following termination, Funeral Diary may retain Customer Data for a reasonable period to allow the Customer to retrieve its information.

15.2 Unless otherwise required by law or agreed in writing, Funeral Diary may permanently delete Customer Data following expiry of the applicable retention period.

15.3 Backup copies may remain temporarily within secure backup systems after deletion from active systems and will be removed in accordance with Funeral Diary's normal backup retention procedures.

15.4 Where personal data is processed on behalf of the Customer, Schedule 1 applies to the return and deletion of that data.

16. Audit Trails and Records

16.1 Funeral Diary may maintain system activity records and audit trails showing actions undertaken within the Service.

16.2 Audit trails may include information such as user identity, dates, times, changes and other relevant system activity.

16.3 Audit trail functionality is intended to support accountability and record keeping.

16.4 The Customer remains responsible for ensuring that its use of audit information satisfies its own legal, regulatory and operational requirements.

16.5 Audit records must not be interpreted as legal certification of regulatory compliance.

17. Document Production

17.1 Funeral Diary may allow Customers to create and manage document templates.

17.2 Templates may include predefined fields, variables or mnemonics that automatically insert information from Customer Data.

17.3 The Customer is responsible for checking the accuracy and suitability of generated documents before they are issued.

17.4 Funeral Diary does not accept responsibility for errors contained in Customer-created templates or documents resulting from incorrect template configuration or inaccurate Customer Data.

18. Calendars and Third-Party Calendar Integration

18.1 Funeral Diary may provide calendar functionality and integration using standards such as iCal.

18.2 Calendar information may be accessible through compatible third-party calendar applications.

18.3 The Customer is responsible for configuring access and ensuring that calendar information is only shared with appropriate individuals.

18.4 Funeral Diary cannot guarantee the continued availability or functionality of third-party calendar applications.

19. Xero and Other Third-Party Integrations

19.1 Funeral Diary may integrate with third-party services including accounting platforms such as Xero.

19.2 Third-party integrations are subject to the relevant third party's own terms and privacy policies.

19.3 The Customer is responsible for authorising and configuring third-party integrations.

19.4 Funeral Diary is not responsible for failures, outages, changes or limitations imposed by third-party services.

19.5 Where an integration transfers invoice or other information, the Customer remains responsible for checking that information has been transferred accurately.

20. Payment Functionality

20.1 Funeral Diary may provide functionality allowing Customers to request or accept payments from their clients.

20.2 Payment transactions may be processed through third-party payment providers.

20.3 The Customer may be required to enter into separate terms with the relevant payment provider.

20.4 Funeral Diary does not itself guarantee the successful completion of any payment transaction.

20.5 The Customer remains responsible for:

• the accuracy of payment amounts;
• invoices and charges;
• refunds;
• disputes;
• chargebacks;
• applicable taxes;
• compliance with applicable payment and financial regulations; and
• communications with its clients concerning payments.

20.6 Payment processing fees may apply and will be disclosed to the Customer where applicable.

20.7 Funeral Diary may suspend payment functionality where required by the payment provider, law, security requirements or suspected misuse.

21. Mobile Access

21.1 Funeral Diary is designed to provide access through compatible desktop, tablet and mobile devices.

21.2 Availability and functionality may vary depending on the device, operating system, browser, network connection and other technical factors.

21.3 The Customer is responsible for ensuring that mobile devices used to access Customer Data are appropriately secured.

22. Multiple Branches

22.1 Where the Customer has purchased or is authorised to use multi-branch functionality, it may manage multiple locations through the Service.

22.2 The Customer is responsible for configuring branch access and permissions appropriately.

22.3 Customer Data may be accessible across branches depending on the Customer's configuration and Subscription.

22.4 The Customer remains responsible for ensuring that employees and users only have access to information appropriate to their role.

23. Support and Onboarding

23.1 Funeral Diary provides reasonable support to Customers in accordance with the support arrangements applicable to their Subscription.

23.2 Funeral Diary may provide onboarding assistance, training, demonstrations and guidance.

23.3 The extent of onboarding and training provided may vary depending on the Subscription and the Customer's requirements.

23.4 Funeral Diary does not guarantee that onboarding or training will result in the Customer adopting any particular internal process.

23.5 Bespoke consultancy, data migration or additional training may be subject to separate charges where agreed.

24. Intellectual Property

24.1 Funeral Diary and its licensors retain all intellectual property rights in the Service, including software, source code, designs, interfaces, trademarks, documentation and underlying technology.

24.2 These Terms do not transfer ownership of the Service to the Customer.

24.3 The Customer may not reproduce, modify, distribute, sell, licence or otherwise exploit Funeral Diary intellectual property except as expressly permitted by these Terms.

24.4 The Customer retains ownership of its own Customer Data.

24.5 The Customer grants Funeral Diary permission to use feedback, suggestions and recommendations provided by the Customer for the purpose of improving the Service, without payment or attribution, provided such use does not disclose confidential Customer information.

25. Confidentiality

25.1 Each party agrees to keep confidential information received from the other party confidential and to use it only for the purposes of performing its obligations under these Terms.

25.2 Confidential information does not include information which:

• is publicly available without breach of these Terms;
• was already lawfully known to the receiving party;
• is independently developed without use of confidential information; or
• is lawfully received from a third party without a confidentiality obligation.

25.3 A party may disclose confidential information where required by law, regulation or a competent authority.

26. Service Availability and Maintenance

26.1 Funeral Diary will use reasonable efforts to keep the Service available.

26.2 The Service may occasionally be unavailable due to:

• planned maintenance;
• emergency maintenance;
• infrastructure failures;
• telecommunications or internet failures;
• third-party service failures;
• security incidents;
• events outside Funeral Diary's reasonable control; or
• other circumstances reasonably necessary to protect the Service.

26.3 Where reasonably practicable, Funeral Diary will provide advance notice of planned maintenance.

26.4 Funeral Diary does not guarantee uninterrupted or error-free availability unless a separate written service level agreement expressly provides otherwise.

27. Changes to the Service

27.1 Funeral Diary may update or improve the Service from time to time.

27.2 Changes may include new functionality, improvements, security updates, technical changes or removal of obsolete features.

27.3 Funeral Diary will use reasonable efforts not to materially reduce the core functionality of the Service during an active Subscription Term.

28. Acceptable Use

The Customer must not use Funeral Diary:

28.1 to conduct unlawful activities;

28.2 to upload malicious code or content;

28.3 to attempt unauthorised access to Funeral Diary or another customer's information;

28.4 to interfere with the operation of the Service;

28.5 to store information which the Customer has no lawful right to process;

28.6 to harass, threaten or harm another individual;

28.7 to breach applicable data protection, privacy, intellectual property or other laws; or

28.8 in any way that could reasonably be expected to damage the reputation, security or operation of Funeral Diary.

29. Suspension

29.1 Funeral Diary may suspend an Account where reasonably necessary to:

• protect the Service or other users;
• investigate suspected security incidents;
• address unlawful or prohibited use;
• comply with legal requirements;
• prevent fraud or abuse; or
• recover substantially overdue payments.

29.2 Funeral Diary will, where reasonably practicable, notify the Customer before suspension and provide an opportunity to resolve the issue.

29.3 Where immediate suspension is necessary to protect security, data or other users, Funeral Diary may suspend access without prior notice.

30. Termination by the Customer

30.1 The Customer may terminate its Subscription in accordance with the cancellation arrangements applicable to its Subscription.

30.2 Unless otherwise agreed, cancellation will take effect at the end of the current paid Subscription period.

30.3 The Customer remains responsible for fees incurred up to the effective termination date.

31. Termination by Funeral Diary

31.1 Funeral Diary may terminate the Agreement where the Customer:

• materially breaches these Terms and fails to remedy the breach within a reasonable period after being notified;
• fails to pay amounts due;
• uses the Service unlawfully or fraudulently;
• creates a significant security risk;
• becomes insolvent or ceases trading; or
• otherwise engages in conduct that materially threatens the Service or Funeral Diary.

31.2 Funeral Diary may also terminate the Service where continued provision becomes unlawful or commercially impracticable.

31.3 Where termination is not caused by Customer breach, Funeral Diary will provide reasonable notice where practicable.

32. Effect of Termination

32.1 Following termination, the Customer's right to access the Service will cease at the effective termination date unless otherwise agreed.

32.2 The Customer should export or request export of Customer Data before termination.

32.3 Funeral Diary will handle Customer Data following termination in accordance with these Terms and Schedule 1.

32.4 Provisions relating to intellectual property, confidentiality, liability, payment obligations, data protection and any other provisions intended to survive termination will continue to apply.

33. Warranties and Disclaimers

33.1 Funeral Diary will provide the Service with reasonable care and skill.

33.2 Except where expressly stated in these Terms, the Service is provided without warranties that it will:

• meet every specific Customer requirement;
• operate without interruption;
• be completely error-free;
• guarantee a particular financial result;
• guarantee regulatory compliance; or
• replace the Customer's own professional judgement and business procedures.

33.3 Funeral Diary does not provide legal, accounting, financial or regulatory advice.

33.4 The Customer is responsible for determining whether the Service is suitable for its own business and regulatory requirements.

34. Limitation of Liability

34.1 Nothing in these Terms excludes or limits liability which cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot legally be restricted.

34.2 Subject to clause 34.1, Funeral Diary will not be liable for:

• indirect or consequential losses;
• loss of profits;
• loss of revenue;
• loss of business opportunity;
• loss of goodwill;
• loss of anticipated savings; or
• business interruption,

except to the extent such loss cannot lawfully be excluded.

34.3 Subject to clause 34.1, Funeral Diary's total aggregate liability arising out of or in connection with the Service or these Terms will not exceed the greater of:

(a) the total Subscription fees paid by the Customer to Funeral Diary during the 12 months immediately preceding the event giving rise to the claim; or

(b) £1000.

34.4 The Customer acknowledges that it is responsible for maintaining appropriate internal procedures and backups where required for its business.

34.5 The limitations in this clause apply whether liability arises in contract, tort, negligence, breach of statutory duty or otherwise.

35. Indemnity

35.1 The Customer agrees to indemnify Funeral Diary against reasonable losses, claims, costs and expenses arising from:

• unlawful use of the Service by the Customer;
• infringement of third-party rights by Customer Data;
• breach of applicable data protection law caused by the Customer's actions or instructions; or
• breach of these Terms by the Customer.

35.2 Funeral Diary will notify the Customer of any relevant claim where reasonably practicable.

36. Third-Party Services

36.1 The Service may contain links to or integrations with third-party services.

36.2 Funeral Diary does not control third-party services and is not responsible for their availability, security, functionality, terms or privacy practices.

36.3 Customers should review the applicable third-party terms before enabling an integration.

37. Changes to These Terms

37.1 Funeral Diary may update these Terms from time to time.

37.2 Where a change materially affects the Customer's rights or obligations, Funeral Diary will provide reasonable notice.

37.3 Continued use of the Service following the effective date of updated Terms will constitute acceptance of the updated Terms, except where applicable law requires express acceptance.

38. Force Majeure

38.1 Funeral Diary will not be responsible for failure or delay caused by circumstances beyond its reasonable control.

38.2 Such circumstances may include natural disasters, war, terrorism, industrial disputes, power failures, internet failures, major cyber incidents, government action, infrastructure failures and failures of third-party service providers.

39. Assignment

39.1 The Customer may not transfer or assign its rights under these Terms without Funeral Diary's prior written consent.

39.2 Funeral Diary may transfer its rights and obligations under these Terms as part of a sale, restructuring, merger or transfer of the business, provided that the Customer's contractual rights are not materially reduced.

40. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

41. Entire Agreement

These Terms, together with any applicable Subscription details, Data Processing Schedule, Privacy Policy and other documents expressly incorporated into them, constitute the agreement between Funeral Diary and the Customer concerning the Service.

42. No Waiver

Failure by either party to enforce any provision of these Terms will not constitute a waiver of that provision or prevent that party from enforcing it later.

43. Notices

43.1 Notices to Funeral Diary should be sent to:

43.2 Funeral Diary may send notices to the email address associated with the Customer's Account.

43.3 The Customer is responsible for keeping its contact details up to date.

44. Governing Law and Jurisdiction

44.1 These Terms are governed by the laws of England and Wales.

44.2 The courts of England and Wales will have exclusive jurisdiction in relation to disputes arising from these Terms, subject to any mandatory rights the Customer may have under applicable law.

SCHEDULE 1 – DATA PROCESSING TERMS

1. Purpose

This Schedule sets out the arrangements under which Funeral Diary processes personal data on behalf of the Customer.

The parties intend that the Customer will generally act as Controller and Funeral Diary as Processor for Customer Data processed through the Service.

2. Processing Details

Subject matter

The provision of the Funeral Diary software and associated hosting, support, onboarding, migration and related services.

Duration

Personal data will be processed for the duration of the Customer's use of the Service and for any additional period required for backup, security, legal or contractual purposes.

Nature and purpose

Processing may include collecting, storing, organising, retrieving, displaying, transmitting, modifying, exporting and deleting personal data as necessary to provide the Service.

Categories of personal data

Depending on how the Customer uses the Service, this may include:

• names;
• addresses;
• telephone numbers;
• email addresses;
• funeral and service information;
• family and client information;
• payment and invoice information;
• staff information;
• memorial information;
• mortuary records;
• communications;
• notes;
• appointment information;
• documents and attachments; and
• other information entered by the Customer.

The Customer should not enter special category personal data unless there is a lawful and necessary reason to do so.

Categories of data subjects

Data subjects may include:

• deceased persons where information relating to them constitutes personal data;
• family members;
• clients;
• representatives;
• suppliers;
• celebrants;
• contractors;
• funeral home employees;
• other staff members; and
• other individuals whose information is entered into the Service.

3. Customer Instructions

3.1 Funeral Diary will process personal data only on documented instructions from the Customer unless required by applicable law.

3.2 The Customer's instructions are generally contained within these Terms, the Customer's use of the Service and any additional written instructions agreed between the parties.

3.3 Funeral Diary will notify the Customer if it believes an instruction infringes applicable data protection law, where legally permitted to do so.

4. Confidentiality

4.1 Funeral Diary will ensure that individuals authorised to process personal data are subject to appropriate confidentiality obligations.

4.2 Access to Customer Data will be limited to individuals who require access to provide, maintain, secure or support the Service.

5. Security Measures

5.1 Funeral Diary will implement appropriate technical and organisational measures appropriate to the risks associated with processing personal data.

5.2 Such measures may include:

• user authentication;
• access controls;
• role-based permissions;
• encryption where appropriate;
• system monitoring;
• secure hosting;
• backups;
• security updates;
• incident management procedures; and
• appropriate staff confidentiality arrangements.

5.3 Funeral Diary will periodically review its security measures and may update them as technology and security risks evolve.

6. Sub-Processors

6.1 Funeral Diary may use third-party service providers to assist in providing the Service.

6.2 Such providers may include hosting, infrastructure, communications, payment, analytics, email, support and other technology providers.

6.3 Funeral Diary will ensure that relevant sub-processors are subject to appropriate contractual obligations concerning personal data.

6.4 Funeral Diary will maintain appropriate information regarding its material sub-processors.

6.5 Where required, Funeral Diary will provide the Customer with information about proposed material changes to sub-processors and an opportunity to raise reasonable objections.

7. Data Subject Rights

7.1 Taking into account the nature of the processing, Funeral Diary will provide reasonable assistance to the Customer where required to help the Customer respond to requests from individuals exercising their applicable data protection rights.

7.2 Where Funeral Diary receives a data subject request relating to Customer Data, it will not normally respond independently unless required by law or otherwise authorised by the Customer.

7.3 Funeral Diary will refer the request to the Customer where appropriate.

8. Security Breaches

8.1 Funeral Diary will notify the Customer without undue delay after becoming aware of a personal data breach affecting Customer Data.

8.2 Where reasonably practicable, Funeral Diary will provide information concerning:

• the nature of the incident;
• the categories of information affected;
• likely consequences;
• measures taken or proposed to address the incident; and
• other information reasonably required by the Customer.

8.3 The Customer remains responsible for determining whether it is required to notify the Information Commissioner's Office or affected individuals.

9. Data Protection Impact Assessments

Where reasonably necessary and taking into account the nature of processing and information available, Funeral Diary will provide reasonable assistance to the Customer with data protection impact assessments and related consultations with the ICO.

10. International Transfers

Where Customer Data is transferred outside the UK, Funeral Diary will ensure that the transfer is undertaken in accordance with applicable data protection legislation and an appropriate lawful transfer mechanism is used where required.

11. Audits

11.1 Funeral Diary will provide information reasonably necessary for the Customer to demonstrate compliance with applicable processor obligations.

11.2 Where required by applicable law, Funeral Diary will allow appropriate audits or inspections by the Customer or an auditor appointed by the Customer.

11.3 Audits must be conducted on reasonable notice and during normal business hours, unless there is a genuine data protection or security emergency.

11.4 The Customer must ensure that audits do not unreasonably disrupt Funeral Diary's business or compromise the confidentiality or security of other customers.

11.5 The Customer will bear its own costs associated with an audit unless otherwise agreed.

12. End of Processing

12.1 At the end of the Customer's Subscription, the Customer may request the return or export of Customer Data where technically practicable.

12.2 Following the applicable data retrieval period, Funeral Diary will delete Customer Data unless:

• the Customer has requested continued retention;
• retention is necessary for legitimate legal or regulatory purposes; or
• applicable law requires continued retention.

12.3 Backup copies may remain temporarily until they are overwritten or securely deleted in accordance with Funeral Diary's backup processes.

SCHEDULE 2 – SERVICE-SPECIFIC TERMS

The following provisions apply where the relevant functionality is enabled.

1. Xero Integration

Funeral Diary may transfer relevant invoice information to Xero when the Customer has authorised the integration.

The Customer is responsible for checking that information transferred to Xero is accurate and correctly recorded.

2. Payments

Payment functionality is subject to the terms of the applicable payment provider.

Funeral Diary does not hold itself out as a bank, payment institution or financial adviser unless separately authorised to do so.

3. iCal and Calendar Integrations

Calendar feeds may contain information derived from Customer Data. The Customer is responsible for ensuring that calendar feeds are only shared with appropriate people.

4. Document Templates

The Customer is responsible for maintaining and checking its own document templates.

5. Email Notifications

The Customer is responsible for configuring notification preferences for its Authorised Users and ensuring that notifications are sent only to appropriate recipients.

6. Mobile Access

The Customer remains responsible for securing devices used to access Funeral Diary, particularly where devices may contain or display confidential information.

CONTACT

For questions concerning these Terms or the Funeral Diary Service, please contact:

Website:www.funeraldiary.com

Version: 1.0

Effective: 02/06/2022