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Terms

The Finish Line General Terms & Conditions


Definitions

Certain phrases in this document are defined with initial capital letters. The following terms shall have the definitions assigned below:

  • Business Day: Means Monday to Friday (inclusive) except bank or public holidays in England.
  • Client or you: Means any legal entity which has placed an Order.
  • Conditions: Means these General Terms and Conditions of Contract and any supplementary conditions or modifications thereof.
  • Confirmation: Means agreement to and acceptance of an Order by The Finish Line.
  • Equipment: Means equipment used or allowed to be used by The Finish Line in the fulfilment of an Order.
  • QC: Means a Quality Control process to ensure that the content meets specified standards, including technical, visual, and audio elements.
  • Deliverable Orders: Means specified products that are requested by a Client and that The Finish Line agrees to deliver.
  • Installation: Means machinery or apparatus placed in position or connected for use in the process of post-production by The Finish Line in fulfilling an Order.
  • New Materials: Means new materials used by The Finish Line in fulfilling an Order.
  • Order: Means a request for services and/or goods to be supplied to a Client by The Finish Line in accordance with a Specification.
  • Personnel: Means individuals working on behalf of The Finish Line, including employees, freelancers, and contractors engaged for specific projects.
  • Scheduled Order: Means any Order with a confirmed start date as agreed between the Client and The Finish Line.
  • Services: Means the services as detailed in a Specification.
  • Specification: Means post-production handling services, including but not limited to colour grading, online editing, mixing, and delivery for production companies and overflow work for post houses as set out in a document sent by The Finish Line to a legal entity which becomes a Client.
  • The Finish Line or us or we: Means The Finish Line Media Limited, a private company limited by shares, incorporated in England and Wales, registered number 08975513, with its registered office at Harrisons Accountancy Limited, Harrison House Sheep Walk, Langford Road, Biggleswade, Bedfordshire, SG18 9RB.

1. Orders & Cancellation

1.1 Orders

1.1.1 Orders placed by a Client shall be deemed to be an offer by the Client to The Finish Line subject to these General Terms and Conditions to supply the Equipment, New Materials, Personnel, and Services as set out in a Specification.

1.1.2 No Order placed by the Client shall be deemed to be accepted by The Finish Line unless and until a Confirmation is given by The Finish Line, or (if earlier) The Finish Line delivers the Equipment, New Materials, Personnel, and/or Services to the Client.

1.1.3 The Client must ensure that the terms of its Order and any applicable Specification are complete and accurate. If The Finish Line issues a Specification, the Client’s written or oral approval of such Specification shall constitute an Order.

1.2 Prices

1.2.1 The placing of an Order by a Client, some or all of which may be based on estimated prices, shall constitute the agreement by the Client to pay at least those estimated prices.

1.2.2 Where prices are estimates, The Finish Line shall use reasonable endeavours to ensure accuracy. In the event that the estimates are inaccurate, The Finish Line will inform the Client of the actual price(s) as soon as it becomes aware.

1.2.3 Expedited Fees: If the Client requests delivery of Services or Deliverables requiring same-day turnaround, work outside of standard Business Hours, or work during weekends or public holidays, The Finish Line reserves the right to apply an expedited fee. This fee reflects the additional resources and costs associated with fulfilling the request. The Finish Line will inform the Client of the applicable expedited fee before commencing the work, where practicable.

1.2.4 Overtime, Weekend, and Overnight Rates: Work exceeding 10 hours in a single day or performed on weekends or public holidays will be charged at time and a half based on the agreed hourly rate unless otherwise agreed in writing. Work performed overnight (between 10:00 pm and 6:00 am) will be charged at double time unless otherwise agreed in writing.

1.3 Cancellation and Rescheduling

1.3.1 If a Client requests to reschedule or cancel any part of an Order within 2 Business Days of the scheduled start date, the following fees will apply:

  • For onsite picture finishing work, a minimum fee equal to 6 hours of booked time shall be charged.
  • For remote picture finishing work, a minimum fee equal to 4 hours of booked time shall be charged.
  • For media I/O-related work (e.g., ingest or delivery work), a fee of 50% of the quoted or estimated work shall be charged.
  • For equipment usage or rental, a fee of 50% of the quoted or estimated cost shall be charged.


1.3.2 If a Client requests to cancel any part of a scheduled Order less than 3 months but more than 2 Business Days before the scheduled start date, The Finish Line reserves the right to charge a cancellation fee of 20% of the total value of the work (quoted or estimated). This fee reflects the costs incurred and resources allocated to the project.

1.4 Variation

1.4.1 Scope of Work: The Services and Deliverables provided by The Finish Line are based on the Specification agreed at the time of the Quote or Order. If the Client, its employees, or representatives request or require additional work outside the original Specification, including but not limited to correcting or reworking materials that are incomplete, non-compliant, or not ready for processing, The Finish Line reserves the right to charge for such additional work at its prevailing rates without prior approval.

1.4.2 Acceptance of Additional Costs: The Client’s continuation of the project, reliance on Deliverables, or failure to withdraw such requests shall constitute acceptance of the additional costs associated with the variation or additional work.


2. Payment Terms

2.1 Unless otherwise stated, all invoices from The Finish Line are payable within 14 days of invoice dispatch.

2.2 If payment is not made within this period, a reminder notice will be sent. Interest will accrue on overdue amounts at 8% above the Bank of England base rate, compounded daily, from the due date until payment.

2.3 If the Client disputes any part of an invoice, they must notify The Finish Line within 5 Business Days of receipt, specifying the disputed amount and the reason. The undisputed portion remains payable within the standard terms.


3. Deliveries

3.1 The Finish Line shall use reasonable endeavours to effect delivery and/or collection of Equipment and/or New Materials as set out in the Specification.

3.2 The Client shall inspect the Equipment and/or New Materials upon collection or delivery and shall identify any loss or damage at this time.

3.3 Client Responsibility for Materials: The Client is responsible for ensuring that all materials supplied to The Finish Line for the fulfilment of the Quote or Order are complete, accurate, and compliant with any agreed specifications. The Finish Line shall not be responsible for delays or additional costs resulting from incomplete, inaccurate, or substandard materials.

3.4 Any claim for non-delivery of Equipment or New Materials must be made in writing within 14 Business Days of the invoice date, referencing The Finish Line’s invoice number.

3.5 If materials provided by the Client require additional preparation, editing, or quality control to render them fit for use, The Finish Line reserves the right to charge for the additional work required at its prevailing rates. No separate approval from the Client is necessary for such charges, as they are deemed implicit in the request for completion of the work.

3.6 Delivery timelines are estimates and may be adjusted due to unforeseen circumstances or delays attributable to the Client, such as late submission of materials or incomplete specifications.


4. Limitations and Exclusions of Liability

The Finish Line shall not be liable for:

4.1 Any losses arising from events beyond its reasonable control.

4.2 Losses incurred to the Client’s business, including (without limitation) loss of profits, revenue, contracts, or goodwill, unless caused by The Finish Line’s act or default.

4.3 Loss, malfunction, or corruption of any data or software supplied or developed by a third party.

4.4 Special, indirect, or consequential losses.

4.5 Maximum Liability: The maximum liability of The Finish Line to the Client in respect of any claim shall not exceed the value of the relevant Order or £10,000, whichever is lower, unless otherwise required by law.


5. Indemnities

5.1 The Client indemnifies The Finish Line against any losses, damages, costs, and expenses arising from any breach of these terms.

5.2 The Client indemnifies The Finish Line for losses caused by any use or third-party use of Equipment or New Materials permitted by the Client.

5.3 The Client indemnifies The Finish Line against any claims, losses, or damages arising from intellectual property rights infringements in materials provided by the Client for fulfilment of an Order.

5.4 The Client’s indemnity obligations shall not apply to losses arising solely from The Finish Line’s negligence or wilful misconduct.


6. Termination

6.1 The Finish Line may terminate an Order immediately if:

  • Payment is overdue by seven days.
  • The Client breaches these Conditions.
  • The Client enters insolvency or financial instability.


6.2 Termination shall not affect any rights of The Finish Line to recover damages.

6.3 Either party may terminate this Agreement if a force majeure event persists for more than 30 days or in the event of repeated failures by either party to fulfil material obligations.

6.4 The Finish Line reserves the right to suspend services or withhold delivery of completed work if payment remains overdue or the Client fails to meet other material obligations.


7. Data Protection

The Finish Line shall process personal data in compliance with UK data protection laws, including the Data Protection Act 2018 and GDPR.

The Finish Line retains project-related data for up to 3 months post-delivery, unless otherwise agreed in writing or required by law.


8. Intellectual Property Rights

8.1 The Finish Line retains ownership of all proprietary methods, processes, technology, and pre-existing intellectual property used in providing the Services.

8.2 Any new intellectual property, materials, or deliverables specifically and exclusively created for the Client under an Order will be assigned to the Client upon full payment, unless otherwise agreed in writing.

8.3 Pre-existing intellectual property, including proprietary templates, workflows, or tools, as well as any project files or source materials (e.g., grading or editing project files), remain the property of The Finish Line unless explicitly included in the Specification.

8.4 Project files, source materials, or other assets created during the fulfilment of an Order may be sold to the Client for an additional fee, as agreed in writing. Usage rights will only transfer upon receipt of full payment for such files or assets.

8.5 Any proprietary methods, workflows, or tools embedded within project files remain the intellectual property of The Finish Line and are provided to the Client solely for use in connection with the deliverables.


9. Confidentiality

Both parties agree to keep confidential all information shared in connection with the Services, unless required by law or regulatory obligations.


10. Warranties and Representations

The Finish Line warrants that it has the expertise and resources to perform the Services. The Client warrants that it has all necessary rights to commission the work and provide materials necessary for the Order.


11. Entire Agreement

These Terms and Conditions constitute the entire agreement between the Client and The Finish Line, superseding any prior agreements.


12. Force Majeure

Neither party shall be liable for delays due to events beyond reasonable control, such as natural disasters, government actions, or strikes.


13. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of England and Wales. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, regardless of the Client’s location.


Notice

All formal communications shall be conducted via email to the addresses used for order confirmations and general correspondence.

Severability

If any provision is held to be invalid or unenforceable, the remaining provisions shall remain valid.

Notification of Changes

The Finish Line reserves the right to update these terms as and when required. Clients are encouraged to review these terms at the time of making new Orders or bookings with us to stay informed of any changes.