Terms & Conditions
Glossary of Terms
“Seller” refers to the party to whom a purchase order has been given.
“Client” refers to the person or organization placing an order.
“Goods” or “services” refers to products for which the Client has placed an order by the Seller.
All B2C web orders are paid in advance before the shipment. The order is authorized immediately upon order confirmation and funds are only collected when items ship. B2B orders will follow approved account terms.
For your security, your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria.
FINIS is required by law to collect applicable sales or use tax on shipments to states where FINIS and its affiliates maintain a place of business or business relationship. These taxes will be added to your order.
All fees are exclusive of value added taxes by B2B customers as required by the law and inclusive of all taxes by B2C customers. Such taxes will be added to your order.
If any amount of the invoice is disputed by the Client, the Client shall inform the Seller of the grounds for such dispute within five days of delivery of the goods and shall pay to the Seller the value of the invoice less the disputed amount in accordance with these payment terms.
Where the Seller requires payment of a deposit, the Client acknowledges that the deposit is not refundable.
The Seller reserves the right to increase a quoted fee in the event that the Client requests a change to the work agreed upon.
Delivery by the Seller will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. The Seller will be entitled to charge the Client for any delivery expenses other than normal postage charges.
If an order is, at the Client's request, sent electronically, the time recorded upon the sending equipment shall be deemed the time of delivery, system delays notwithstanding. (nb – electronic dispatch can be provided only on request and at the Client's risk. The Seller reserves the right to substitute conventional delivery methods without notice or penalty should electronic dispatch prove inconvenient.)
In view of the nature of the service, any order – once confirmed by the Company – is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
Loss or Damage to Goods
The Company will take all reasonable steps to ensure protection from loss, damage, or destruction of the services or materials it supplies to the Client (or that may be received from the Client).
All written notices to be served on or given to the Client shall be sent or delivered to the Client's principal place of business and shall be treated as having been given upon receipt.
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other's business that comes into that party's possession and shall not use such information and material. This provision shall not, however, apply to information or material that is or becomes public knowledge other than by breach by a party of this clause.
Employment of Personnel
Subject to the prior written consent of the Company, the Client shall not induce to employ, whether as an employee, agent, partner, or consultant, any employee of the Company directly associated with delivery of the goods.
Limitation of Liability
The Company shall not be liable for any claim arising from the performance, non-performance, delay in delivery of, or defect in the goods or for any special, indirect, economic, or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue), whether from negligence or otherwise in connection with the supply, functioning, or use of the goods. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.
Nothing herein shall limit either party's liability for death or personal injury arising from proven negligence by itself or its employees or agents. The Client shall fully indemnify the Company against any liability to third parties arising from the Client's use of the Goods.