TERMS AND CONDITIONS OF SERVICE OF SOHO DIGITAL MEDIA SERVICES LTD
All media submitted must adhere to the Soho Digital Cinema (SDC) delivery requirements set out in our Submission Guidelines which are available on our website or can be emailed on request. If you have not fully read and understood this document, please ask one of our staff for advice before proceeding any further. If media does not meet our requirements, SDC will proceed as follows.
- SDC will contact you to inform you of the problem and invite you to resubmit the material or inform you of the costs to repair.
- If you are unreachable, SDC may hold your project until you can be contacted.
- SDC may reject you media and ask you to resubmit.
SDC cannot be held responsible if the finished material contains any unexpected artefacts or errors that were present in the original media you submitted.
It is always the client’s responsibility to ensure the submitted material is in perfect condition before submitting. We strongly recommend you quality control check your material before sending to us. SDC's quality check takes place AFTER the encoding is complete. Therefore, mistakes in your original material will require re-encoding which will result in additional costs.
If there is an issue with the submitted material that is only noticed on playback of the finished product, our usual rates will apply for re-encoding. If the issue is our fault, (meaning the finished product does not match the submitted material) SDC will offer the choice of a refund or re-encoding for free.
Quality Control Screenings will be performed in a fully SMPTE compliant and Dolby calibrated preview theatre. On occasion, we may outsource screenings to other theatres.
All media such as hard drives, DVDs, Blu-rays and Thumb Drives must be fully operational, verified and scanned for computer viruses. You must indemnify SDC against any damage caused by computer viruses, trojans or any harmful files present on your submitted material.
SDC will only supply DCPs on either a brand of USB flash drive that we have tested or a CRU DX115 hard drive. Requests to supply material on any other media cannot be met.
SDC is in no way responsible for financial losses resulting from equipment failure, loss of material, missed deadlines or failed delivery or any other circumstances. SDC is not responsible for any damage or failure of customers' hard drives, thumb drives, DVDs or any other media submitted to us. The client makes use of SDC's services at their own risk.
Where DCP Hard Drives are rented from SDC for cinema distribution, the hardware remains the property of SDC and the client is responsible for any damage or loss caused to the hardware resulting from misuse. The client agrees to replace, repair or pay for any damage caused.
SDC will offer the client a choice of a refund or a replacement in any one of the following circumstances:
- The digital cinema package (DCP) fails to play on a fully operational DCI compliant Digital Cinema Server.
- The DCP contains corrupt or abnormal images or sound files that were not in the client's original master submitted to SDC.
- A DCP hard drive is lost, damaged or stolen whilst on our premises or with our couriers.
- A cinema is unable to unlock a DCP using the supplied Key Delivery Message (KDM) even after reasonable attempts at technical support have failed.
Refunds or replacements will be given in full where every copy of the DCP is affected by the above circumstances. If not all copies of the DCP are affected, refunds will only be given for the affected copies.
An abnormality must be detectable to human eyes / ears. Artefacts caused by JPEG2000 or MPEG compression are not abnormal.
Where a refund is given, the DCP must be returned on its original media and not exhibited.
SDC will offer 24-hour support for cinemas unlocking DCPs using a Key Delivery Message (KDM) supplied by them for the duration of the film's exhibition. Should SDC, for any reason, terminate its operations, reasonable efforts will be made to pass responsibility for KDM management onto another company agreed by both SDC and the client.
SDC will store all approved masters on its servers for a period of three years. We will make reasonable efforts to contact you to remind you before the three year period is over and give you the chance to purchase an extended storage period before erasing any data. Stored masters on our servers can only be recovered by ordering digital delivery, CRU DX115 hard drive copies or lab transfer DCP copies at our standard rates.
SDC will take all reasonable precautions to protect stored data from viruses, trojans, hacker attacks, theft, corruption and accidental loss. Precautions will include firewalls, anti virus software, encryption and protective RAID storage. However, SDC can not be held responsible for any losses resulting from loss, damgage or theft of data. The client stores their Data on SDC's servers entirely at their own risk.
SDC reserve the rite to charge customers for storage of assets if they are left on our premisis for for more than two weeks after they are no longer required. Assets are no longer required once an approved master is backed up on our servers or if the asset is rejected on technical grounds or if a project is deemed by SDC to be completed.
Quotations are valid for 30 days and exclude VAT. The final amount invoiced may differ from what was quoted if changes to your order are required.
All hard drive hires are strictly for 12 weeks. If returns are late SDC will charge for a further 12 week hire. A new hire will be charged every 12 weeks until the hard drive is returned.
Hard drives going abroad may be subject to a refundable deposit.
Where a deposit has been paid and returns are late, new hire charges will be deducted from the deposit.
If drives are lost or damaged SDC will charge for the replacement cost of the drive. Where a deposit has been paid, this cost will be deducted from the deposit.
Credit is only available to clients with an agreed credit facility. Otherwise payment must be made before final delivery. SDC reserve the right to withhold client's materials and refuse delivery of any goods ordered if payment is not made or if payment exceeds SDC's credit terms.
The client agrees that payment for goods ordered is in no way conditional on the success or box office earnings of a film and that payment is due to SDC even if the film does not make a profitable return for the client. SDC is in no way responsible for the creative content of films. The client must distribute their film entirely at their own risk.
Where a credit facility is made available, the client confirms that they are in good financial standing and that they will be able to pay for all services provided regardless of the films profitability or success.
Providing purchase orders is entirely the responsibility of the client and the client agrees that no delay in payment will be caused if a purchase order has not been provided or if the details are missing from the invoice. The client agrees that, unless SDC are informed otherwise in writing before submitting a purchase order or signing any agreement, all its staff and all personal reasonably assumed to be responsible for the film project are eligible to make orders with SDC on behalf of the client.