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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

Orders

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. 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. 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.

Prices

1.2 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. 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. If any part of an Order has revised prices communicated to the Client and the Client accepts them, the Client is deemed to have agreed to pay these revised prices. For the avoidance of doubt, the performance of part of the Order by The Finish Line shall constitute acceptance.

Cancellation and Rescheduling

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

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


1.3.2 If a Client requests to cancel any part of a scheduled Order less than three months before the scheduled start date, a cancellation fee of 20% of the total value of the work (quoted or estimated) shall apply, unless otherwise agreed in writing.

Variation

1.4 If the Client requires any change, variation, addition to, or deletion from an Order after it has been Confirmed, The Finish Line will inform the Client of the effect on delivery times and costs. The Client will be responsible for these adjustments if it accepts them, whereupon such changes or variations shall form part of the Order.

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 5% above the Bank of England base rate, compounded daily, from the due date until payment.

3. Deliveries

3.1 The Finish Line shall use reasonable endeavours to effect delivery and/or collection of Equipment and/or New Material as set out in the Specification. Delivery and Installation dates are estimates only, and The Finish Line shall not be liable for delays caused by the Client or its agents.

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 Inspection and Claims for Damage or Non-Compliance: The Client must notify The Finish Line in writing of any claim that Equipment or New Materials do not meet quality or quantity requirements within three Business Days of delivery or collection. The Client shall preserve the Equipment and packaging intact for The Finish Line’s inspection. If the Client fails to notify The Finish Line within this period, the Equipment or New Materials will be deemed compliant with the Specification, and The Finish Line shall have no liability for claims outside this period.

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 Any claim for damage due to defective Installation by The Finish Line must be notified in writing within three Business Days of Installation. The Client must not attempt repairs without prior written consent from an authorised representative of The Finish Line.

3.6 Delivery in Instalments and Client Defaults: If Equipment or New Materials are delivered in instalments and the Client fails to accept or pay for any instalment, The Finish Line may cancel outstanding deliveries. The Client shall compensate The Finish Line for any loss or expense arising from such cancellation.

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 Scope of Indemnity: The Client’s indemnity obligations shall not apply to losses arising solely from The Finish Line’s negligence or willful 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 Mutual Termination: 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.

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.

8. Intellectual Property Rights

The Finish Line retains ownership of any proprietary methods, processes, or technology used in providing the Services. Any new intellectual property developed specifically for the Client under an Order will be assigned to the Client unless otherwise agreed in writing.

9. Confidentiality

Both parties agree to keep confidential all information shared in connection with the Services, unless required by law or regulatory obligations. This includes client materials, project data, and any sensitive operational information.

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 periodically to stay informed of any changes.