Terms & Conditions
General Terms & Conditions
General
Unless the client (“you”) has entered into a separate agreement with Cast Control Pty Limited (‘Cast Control’) trading as Media Control Panel, which applies to a specific service or purchase, or any other terms or additional conditions are specified in any proposal for a specific service, the following terms and conditions of service (‘terms’) (with any additional terms if so specified) will apply to all services provided by Cast Control.
Rates and Payment
Cast Control reserves the right to terminate all services and/or pursue legal action for full payment of all invoices not received within the time stated for payment or as otherwise agreed. You agree to pay all collection costs incurred by Cast Control in full in relation to outstanding debts. Your placement of an order with us for services is taken as representation that you are solvent and able to pay your bills as and when they fall due.
Professional Services
(a) Cast Control will provide Customer with a specified number of hours of the Services, as either specified in an Order Form or as otherwise agreed by Cast Control and Customer. Additional Order Forms referencing this Agreement or professional services are also incorporated herein.
(b) The Parties may elect to specifically define a set of deliverables that will constitute the Services or may agree that Cast Control will provide general professional services and coaching related to the Software (which shall be presumed to be the case if no specific definition of deliverables is provided in an Order Form). Regardless of the foregoing, however, Cast Control is only obligated to provide Services up to the number of hours specified in an Order Form. Cast Control may decline to provide additional Services once the number of hours of Services agreed to in an Order Form are provided.
(c) Cast Control and Customer agree to work together in good faith to ensure that the Services are delivered in a timely and satisfactory manner. Cast Control shall determine the manner of delivering the Services in its sole discretion, including the days and times the Services are provided, the manner of delivering the Services, the personnel providing the Services, and the resources to be utilized in providing and delivering the Services.
(d) Customer shall have an acceptance period of five (5) business days after delivery of any Services or deliverable, during which time Customer must notify Cast Control in writing of any deficiencies in such Service or deliverable. Cast Control will use commercially reasonable efforts to promptly cure any such deficiencies following such notice and resubmit the deliverable to Customer for testing within five (5) business days of resubmission by Cast Control. This process shall be repeated as necessary and appropriate. If Customer fails to reject any Service or deliverable within the applicable acceptance period and in the manner described, such Service or deliverable shall be deemed accepted at the end of the applicable acceptance period.
(e) If Customer is signing an Order Form on behalf of a client who will ultimately receive the Services or deliverables (as defined in the Order Form), then Customer is agreeing that: (i) Customer’s client shall be bound by the same obligations and restrictions as set out in this Agreement; (ii) Customer shall ultimately be responsible and liable to ensure that Customer’s client does not violate the terms of this Agreement; (iii) failure to make payment of any fees by Customer will result in Services or deliverables not being performed for the client; (iv) Cast Control is not responsible or liable for any representation, warranty or agreement which may have been made between Customer and client; and (v) Customer represents and warrants that they have the authority to bind their client to all applicable terms included in this Agreement.
(e) Customer acknowledges and agrees that any audio-video content streamed to, from, or through the Software is entirely the responsibility of Customer.
Termination
You may terminate any arrangement for the provision of services with Cast Control on one months notice unless otherwise agreed.
Cast Control may terminate this agreement immediately and without notice on the basis of non-payment of its invoices. Unless otherwise agreed Cast Control will otherwise provide one month’s notice by email of its intent to terminate the provision of its services. You agree to pay all monies that are all otherwise due and payable to Cast Control up to the date of termination.
Limitation of Liability
Cast Control is not liable in any event or in any way for any contingent, consequential, direct, indirect, special or punitive damages arising in any way whatsoever in relation to the services provided and you acknowledge this express limit of liability and agree to limit any claim accordingly.
To the extent permitted by law, any term, condition, agreement or warranty or representation or understanding whatsoever, whether express or implied, in any way extending to or otherwise relating to a binding obligation upon Cast Control, other than these terms, is expressly negatived and excluded.
IN NO EVENT SHALL Cast Control BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, Cast Control BE LIABLE FOR ANY LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH THE SERVICES OR ANY BREACH OF THIS AGREEMENT, REGARDLESS OF: (i) WHETHER SUCH DAMAGES WERE FORESEEABLE; (ii) WHETHER OR NOT Cast Control WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (iii) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED; AND (iv) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
CAST CONTROL’S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, EXCEED THE FEES, IF ANY, PAID BY CUSTOMER FOR THE SERVICES UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER Cast Control HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Cast Control will make all reasonable efforts to ensure quality and security in the delivery of its online services. This will include the provision of such comprehensive and controlled security methods as are reasonably possible. You, however, agree that Cast Control is not liable for any liability for loss or damage you may arise as a result of factors in the provision of online services which are beyond its reasonable control. This will include the loss of any data due to system failure or exposure of client information or electronic virus transmission.
Obligations
Cast Control will carry out all development, installation and maintenance work under any agreement in a professional and responsible manner. It will use only the services of the people that have the required ability and expertise. Cast Control will not contract or otherwise arrange for a third party to perform any or part of the work without your prior consent.
Warranties and indemnities
The Software is supplied “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
In no event will Cast Control be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the Software (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the Software to operate with any other software or systems).
The entire risk as to the quality, suitability and performance of the Software is with you. Should the Software prove defective, you assume the cost of all necessary bug-fixing and correction.
Confidentiality and Intellectual Property
You acknowledge that no title to the intellectual property in the Software is transferred to you. The Software is licensed, not sold. You further acknowledge that title and full ownership rights to the Software shall remain the exclusive property of the Author and you will not acquire any rights except as are expressly set out in the License.
You may not alter or remove the copyright notices from the Software user interface without the written approval of the Author. You may not under any circumstances alter or remove the copyright notices from the Software source code.
Severability
If any term or condition herein is deemed to be void or ineffective, it will be severed from these terms and conditions without affecting the remaining terms.
Default
In the event of any default or breach by you, Cast Control may retain all monies paid on account of services and/or cease further work or services and recover from you any loss profits arising from your default or breach.
Jurisdiction
The law of the State of New South Wales will apply to any agreement between you and Cast Control. You agree to submit to the non-exclusive jurisdiction of the courts of that State or any courts authorised to hear appeals from them. You will not object to the exercise of the jurisdiction of those courts to hear any disputes between us on any basis.
Notices
You agree that it is deemed that you will have been given notice of any change to these terms immediately when they are adopted by Cast Control and posted on https://www.mediacp.net/terms-conditions/ (“web site”). Cast Control will use its best endeavours to notify you of any significant changes to these terms.
Media Control Panel Software Terms
General
The Media Control Panel Software Terms refers to the licensed and downloadable software including Audio Streaming Control Panel and Video Streaming Control Panel, this includes but is not limited to Audio Starter Subscription, Audio Unlimited Subscription, Audio Unlimited Perpetual, Video Starter Subscription, Video Unlimited Subscription, Video Unlimited Perpetual and similar products under previous names such as “Standard Subscription”, “Standard Perpetual”, “Premium Subscription”, and “Premium Perpetual”.
Grant of License
Subject to a validly issued License, Cast Control grants to you the non-exclusive, non-transferable right for you to use the Software on a single computer on a single Internet domain for which the license was purchased. A separate license is required for each installed instance of the Software.
You may make copies of the Software as reasonably necessary for the use authorized above, including as needed for backup, archival, and/or development purposes.
You are granted a limited license to modify the Software for the purpose of extending its functionality and/or integrating the Software with your web site, provided that all other conditions of the License are met.
You may not modify the Software for the purpose of defeating its licensing mechanism or circumventing its licensing limitations.
Billing
All products are billed in advanced, with no contract length required.
Changes to product pricing is communicated directly to customers via email at a minimum of 30 days in advance.
Refund Policy
A 30-day money back satisfaction guarantee is available for licensed products and is valid from the date of payment received. Refunds for Professional Services are generally not available for refund and are provided only in exceptional circumstances at the discretion of Cast Control.
Credit card disputes are not a valid means for obtaining a refund under any circumstances. Refunds must be requested directly from the Company, and such requests are subject to the refund terms above. Disputing a charge (a.k.a. credit card chargeback) will subject the Customer to an immediate termination of all provided services, and forfeit the Customer’s right to a refund under our ’30-day money back satisfaction guarantee’.
Intellectual Property
You acknowledge that no title to the intellectual property in the Software is transferred to you. The Software is licensed, not sold. You further acknowledge that title and full ownership rights to the Software shall remain the exclusive property of the Author and you will not acquire any rights except as are expressly set out in the License.
You may not alter or remove the copyright notices from the Software user interface without the written approval of the Author. You may not under any circumstances alter or remove the copyright notices from the Software source code.
Acceptable Use Policy
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material, is not permitted.
Use of Cast Control products for illegal activities may result in the immediate cease of business with the Customer and revoking of any product licenses.
Warranties & Indemnities
The Software is supplied “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
In no event will Cast Control be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the Software (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the Software to operate with any other software or systems).
The entire risk as to the quality, suitability and performance of the Software is with you. Should the Software prove defective, you assume the cost of all necessary bug-fixing and correction.
Limitation of Liability
Installation of Cast Control products is at your own risk.
Cast Control is not liable in any event or in any way for any contingent, consequential, direct, indirect, special or punitive damages arising in any way whatsoever in relation to the products and services provided and you acknowledge this express limit of liability and agree to limit any claim accordingly.
To the extent permitted by law, any term, condition, agreement or warranty or representation or understanding whatsoever, whether express or implied, in any way extending to or otherwise relating to a binding obligation upon Cast Control, other than these terms, is expressly negatived and excluded.
IN NO EVENT SHALL Cast Control BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, Cast Control BE LIABLE FOR ANY LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH THE SERVICES OR ANY BREACH OF THIS AGREEMENT, REGARDLESS OF: (i) WHETHER SUCH DAMAGES WERE FORESEEABLE; (ii) WHETHER OR NOT Cast Control WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (iii) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED; AND (iv) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
CAST CONTROL’S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, EXCEED THE FEES, IF ANY, PAID BY CUSTOMER FOR THE SERVICES UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER Cast Control HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Cast Control will make all reasonable efforts to ensure quality and security in the delivery of its products and services. You, however, agree that Cast Control is not liable for any liability for loss or damage you may arise as a result of factors relating to Cast Control products and/or services in the provision of online services which are beyond its reasonable control. This will also include, but not limit, the loss of any data due to system failure or exposure of client information or electronic virus transmission.
Disclaimer
Cast Control does not warrant or represent that the services will be uninterrupted, error-free, or completely secure from loss. To the extent permitted by applicable law, Cast Control disclaims all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, all services are provided on an ‘as is’ basis.
Cast Control reserves the right to remove any account and its associated data without advanced notice for any reason without restitution as the Company sees fit.
Cast Control reserves the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
Cloud Video Terms & Conditions
General
The Cloud Video Service refers to the “Cloud Video” product offered on our website at https://www.mediacp.net/cloud-video/ which is a hosting service and includes all plans listed on this website, as well as custom billing agreements arranged by Cast Control with the Customer.
Billing
Cast Control bills in advance, monthly for Cloud Video services with no contract length required unless otherwise arranged. Cloud Video services are billed on the same date each month, which is the same day as the original order. Invoices are sent several days prior.
Payment not received on any date after the Due Date is considered Outstanding and may result in service disruption. If an account remains outstanding for 30 days or more, the Cloud Video service may be terminated, with data destroyed.
All billing plans include a monthly bandwidth and storage allowance. Additional usage of bandwidth or storage above the included plan is billed for on the next months invoice.
Changes to billing plans will typically require a 30 day notice period.
99% Uptime Guarantee
Cast Control provides an uptime guarantee of 99% availability of all systems in accordance with our monitoring website at https://cloud-status.mediacp.net/
Should the uptime percentage fall below 99% then Cast Control will refund the customer for the period of downtime at a relative amount to their base monthly subscription cost.
Refunds Policy
Refunds for the Cloud Video service are not available as we offer a 15 day trial period with access to all features. A refund may be considered in exceptional circumstances at the discretion of Cast Control
Acceptable Use Policy
- All services provided by Cast Control may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, material Cast Control judges to be threatening or obscene, or material protected by trade secret and other statute.
- The subscriber agrees to indemnify and hold harmless Cast Control and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
- Cast Control’s acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although Cast Control will always inform you when and why any action has been taken.
- Pornography is prohibited on Cast Control Cloud Video hosting service. This includes sites that include sexually explicit or hardcore images and/or advertising.
- The subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Cast Control and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Cast Control shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company.
- The subscriber further acknowledges that Cast Control’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Cast Control be liable for any special or consequential damages, loss or injury.
- Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material, is not permitted on Cast Control’s network.
- Content relating to Hacking, Cracking, Warez and IRC is not allowed on the Company’s network. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
- The subscriber acknowledges that our email service is not to be used for sending bulk email (defined as sending the same email to more than 10 recipients) and will instead use a bulk emailing service for such communications.
- The subscriber must consent to our anti-spam policy and privacy policy.
Fair Use Policy
Cast Control reserves the right to limit or suspend accounts and services where being disruptive to other users either intentfully, or unintentfully. Cast Control will do its best to identify and notify the Customer with an action plan prior to any action.
