Terms and Conditions

Introduction

Film Locker is a ‘Project Based’ digital-film data storage and archiving company.
Clients create large archives from a series of individual projects.
All projects are siloed from one another but within the larger client archive.

The Storage Process

Definitions

Archive Storage: data held within an online S3 environment commonly defined as ‘Cloud’ or ‘Multipoint
Access’ storage. This storage is provided either by Film Locker directly or by a third party ‘Cloud Storage’
provider, typically for 90 days.
Additional Archive Storage: in addition to the initial 90 days, additional Archive Storage can be purchased on a project-by-project basis.
Long Term Storage: data stored offline on two LTO (Linear Tape Open) tape copies, with the data written
using the LTFS (Linear Tape File System) format. Once data confirmed and check summed the two LTO
copies are stored offline in two separate geographic locations.

Uploads and Initial Storage

Project data is initially uploaded to Archive Storage, by either:

The client, their team, representatives or individuals and/or companies within their supply chain; or
A representative of Film Lockers or individuals and/or companies within their supply chain.

Data is held within the Archive Storage environment for a maximum of 90 days from the first upload of data to the project.
After 90 days, or if requested by the client sooner, all project data is moved to ‘Long Term Storage’.
Additional Archive Storage can be purchased on request.

Minimum Term, Minimum Storage and Minimum Usage Charges

A minimum contract term of 6 months is required for all clients, commencing on the day the account is
activated.
A minimum storage amount of ten (10) terabytes (TBs) applies to all projects.
Minimum usage charges apply to all projects if they do not meet the minimum storage amount. Accounts
dropping below the ten (10) terabyte threshold will be charged for 10TBs of total storage.

Charges

Beyond the minimum storage amount, all storage is billed in units of 1TB or part thereof.
Charges are for the total TBs of a client’s entire archive, both Archive or Long-Term Storage at its peak within a single one (1) month period.
Storage units cannot be subdivided or split into smaller units. 1TB is the smallest unit of storage offered.
For an additional monthly fee, data can remain in Archive Storage on a rolling month to basis.
Additional Archive Storage is charged at the peak storage for single month within which it is billed.
No charges apply for deletion of data.

Transfers and Access to Data

Clients can transfer data, a single project, a series of projects or an entire archive to another client with all
responsibility for that data assumed by the new client.
When held in Archive Storage, data cannot be downloaded or retrieved but can be deleted by the client or their representative.
Data in Long Term Storage can be downloaded or retrieved with a fee applying per TB recalled.

Cancellation

At the end of the initial 6-month minimum contract term, services can be cancelled on 30 days’ written
notice to Filmlocker.
All client data must be either requested for return, transfer or deletion during this notice period.
Once an account is cancelled, all client data will be permanently deleted, removed and erased.
The Client may cancel an account by written notice to Filmlocker at any time subject to payment of any
outstanding Charges.
In the event of early termination by the Client, no Charges will be refunded.

Billing and Payment

Clients are billed monthly by direct debit. Invoices are generated two days prior to the direct debit payment
request being made to the client’s bank.
Data, a single project, a series of projects or an entire archive, will be deleted if the costs of either Archive
Storage or Long Term Storage are not met in line with Film Locker’s payment terms.
Non-Payment or cancellation of a direct debit will trigger the following process:

Warning of Account Suspension
- 14 days until account is suspended
- Message asking client to contact Filmlocker
Second Warning of Account Suspension
- 7 days until account is suspended
- No data recall permitted
- Message asking users to contact Filmlocker
Account Suspended
- No new data uploading permitted
- Verbal communication instigated
- Message asking users to contact Filmlocker
- 30 days until account is permanently closed unless full payment is made

Legal Information

Entire Agreement. These Terms set out the entire agreement between the Client and Film Locker in
connection with its services and extinguishes all previous agreements, promises, representations and
understandings between the Parties, whether written or oral.
Force Majeure. Neither the Client nor Film Locker shall be in breach of its obligations under these
Terms or incur liability to the other if it is unable to comply with these Terms due to any cause beyond Its reasonable control. If such an event occurs, the affected party shall, as soon as reasonably
practicable notify the other, who may suspend or terminate these Terms by giving seven days’ notice, taking effect if the affected party has not recommenced the performance of its obligations in that period.
Third Party Rights. No one other than the Client and Film Locker, their successors and permitted
assignees, shall have any right to enforce any of these Terms.
Compliance with Law, Governing Law and Jurisdiction. Both Parties will comply with any law or
regulation which may apply to the Services. Any dispute arising out of these Terms shall be governed
by English law and subject to the exclusive jurisdiction of the English Courts.
Limitation of Liability.
- (A) Nothing in these Terms shall limit or exclude Film Locker’s liability for (a) death or personal
  injury caused by its negligence, or the negligence of its personnel, agents or subcontractors; (b)
  fraud or fraudulent misrepresentation; and (c) any other liability which cannot be limited or
  excluded by applicable law.
  (B) Subject to (A) above, Film Locker shall not be liable to the Client, whether in contract, tort
  (including negligence), for breach of statutory duty, or otherwise, arising under or in connection
  with these Terms or the Contract for: (a) loss of profits; (b) loss of sales or business; (c) loss of
  agreements or contracts; (d) loss of anticipated savings; (e) loss of use or corruption of software, data or information; (f) loss of or damage to goodwill; and (g) any indirect or consequential loss.
  (C) Subject to (A) above, Film Locker’s total liability to the Client, whether in contract, tort
  (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract or these Terms shall be limited to the total Charges paid by the Client under the Contract.