Terms and Conditions

These are terms and conditions of supply of Flow Duplication in relation to provision of packaged media.  They shall be deemed accepted by our customers upon their placing an order with us.

  1. Services

    Description of services:

    1. Flow Duplication provides users with packaged media services
    2. "Supplies" means all discs and other materials we provide to each customer but does not include Materials. "Materials" means the films discs and other materials each customer is to provide to us in order for us in order to perform our services to that customer.
    3. The services we shall provide to our customers, the price(s) to be paid for such work, the quantity of work delivered, the dates for delivery and other relevant details are as agreed with our customers from time to time in relation to each order. Where alterations to the services to be provided occur during the course of the work these shall be agreed in writing before the work proceeds.
    4. Unless otherwise agreed in writing, payment to us for the work to be undertaken is due on receipt of order and, if applicable, all fees are payable plus value added tax at prevailing rates.
    5. We will use our reasonable endeavours to abide by the dates agreed for delivery of Supplies. Customers agree to supply the Materials in sufficient time for us to process each order and we will not be liable where failure to deliver as agreed is caused by customers' delay.
    6. We will not be responsible for any delay or failure to deliver material to customers caused by circumstances beyond our control, such as Acts of God, fire, strikes, failure of subcontractors or suppliers to supply material required. Where such delay occurs, our obligations to customers shall be suspended for the period of the delay.

  2. Copyright

    We take copyright very seriously at Flow Duplication, we expect from our clients to do so as well well,  customers agree that performance of the services we provide to that customer will not infringe any law or regulation, including, without limitation any law of copyright or similar law, or any contract (including, without limitation, any licensing agreement) to which that customer is a party or to which that customer is bound or to which the Materials are subject, and that the Material is not obscene, blasphemous or defamatory and will not adversely reflect on our public perception or image.

    We ask our customers to agree that:

    1. That only your work or content that you have licensed is contained in the masters you supply us.
    2. Any music used in your master is copyright free/copyright control or MCPS has been informed and you are able to supply us the documentation to prove this.
    3. That you will not in anyway ask us to manufacture or produce excess quantities of product that you do not have the rights to do.
    4. Any master you supply does not contain images or material that is defamatory or illegal in this country.
    5. You understand that if we believe that the content you are producing is not within the above guidelines then we will contact you and may ask for further documentation to clarify your legal stance on rights/ownership.

    We reserve the right to stop production on any of the points above.

  3. Indemnity and Limitation of Liability

    1. We agree that until such time as the Supplies are delivered and approved by a customer, we will indemnify that customer against all damages awarded by a court in England and Wales incurred by that customer as a result of a breach of clause 4 by us.
    2. Customers agree to indemnify us against all claims, demands, losses, damages, costs and expenses incurred by us as a result of breach by that customer of any provision of these terms and conditions, law or regulation and as a result of any third party legal action or threatened action in relation to the Material or through our involvement with that customer.
    3. Save as provided above, customers agree our liability for breach of these terms and conditions or any other liability of us to that customer shall be limited to the total value of the contract and that all implied terms, conditions or other legal provisions are hereby excluded; save that neither party shall exclude or limit its liability to the other for death or personal injury caused by negligence. Customers agree that the exclusion and limitation of liability in this clause is reasonable, reflects the respective financial position of the parties and that the price agreed reflects the point of saleition on liability. In no event shall we be liable to customers for indirect, financial, consequential loss, loss of profit, revenue or goodwill.
    4. The termination of our contract with any customer shall not affect the provisions of this clause which shall continue thereafter.

  4. Confidential Information

    1. Any information about us or our customers or about our procedures or our customers' products or financial or business information shall be treated as confidential, used only for the performance of obligations hereunder and not disclosed save as permitted hereunder, without limit as to time. Provided that information in the public domain otherwise than through the default of the other party shall not be deemed confidential under this clause.
    2. The termination of any contract between us and our customers shall not affect this clause.
    3. We shall be entitled to make reference to our relationship with any customer in our publicity material.

  5. Customers' Obligations

    1. Customers undertake to supply Materials and other resources to us promptly as agreed between us.
    2. In consideration of use of the Service you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Flow Duplication has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Flow Duplication has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).  Flow Duplication is concerned about the safety and privacy of all its users.

  6. Termination

    1. These terms and conditions shall continue until either performance of the work contracted for, or where an on-going work commitment is signed may be terminated on thirty days' notice from either party to the other given at any time save as provided below.
    2. Where one party is in breach of these terms and conditions, the other may serve written notice to terminate the contract forthwith, save that where the breach can be remedied, 7 days notice to remedy shall first be given and where remedied such termination shall not take effect.
    3. Our customers or ourselves may terminate the contract forthwith by written notice where the other goes into liquidation or is declared bankrupt or otherwise is unable to pay its debts as they fall due.

  7. General

    1. No variation of these terms and conditions will be valid unless agreed in writing.
    2. Customers may not assign their contracts with us without our prior written consent.
    3. These terms and conditions, and the documents and agreements (electronic or otherwise) referred to herein set out the entire agreement between ourselves and each customer.
    4. All representations, warranties or other assurances made by or on behalf of us other than as set out herein, and whether on our website or otherwise, do not form part of these terms and conditions nor shall they be legally enforceable or actionable.
    5. If any provision of these terms and conditions is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions hereof all of which shall remain in full force and effect.
    6. No forbearance or delay by us in enforcing rights hereunder will prejudice or restrict rights and no waiver of any breach of such rights or waiver of the rights will be deemed to be a waiver of any other right or of any later breach.
    7. Nothing herein shall constitute or be deemed to constitute a partnership or joint venture or the relationship of partnership and agent or employer and employee.
    8. All notices shall be in writing and sent to the customer at its address notified to us, or to us at our address given in correspondence, or such other address as the recipient may designate by notice given in accordance with this provision. Any notice may be delivered personally by first class prepaid letter or facsimile transmission and shall be deemed to have been served if by personal delivery when delivered, if by First class post 48 hours after posting and if by facsimile transmission when dispatched (with successful transmission report).
    9. These terms and conditions shall be governed by English law and we both submit to the non-exclusive jurisdiction of the English courts in relation to any dispute hereunder.

  8. Virus Protection

    Flow Duplication's software's anti virus procedures are based upon the wider requirement to protect our client masters from any unauthorised "change and modification" while in our care.

    While we make every effort to ensure we do not 'infect' client disks, or ship duplicated disks with viruses, we do advise clients to satisfy themselves that disks are virus free prior to onward shipment or internal use. Due to the ever changing nature of viruses, we can not guarantee absolutely that disks are virus free.

  9. Resale or inappropriate use of products or services

    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

  10. Modification of services

    Flow Duplication reserves the right to modify or discontinue the Service (or any part thereof) with or without notice. You agree that Flow Duplication shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  11. Trademark information

    Without Flow Duplication's prior permission, you agree not to display or use in any manner, the Flow Duplication Marks.