Terms of Service
I. General Terms and Conditions
- FastCast4u website available at fastcast4u.com belongs to FastCast DWC-LLC hereinafter referred to as the Operator, registered in Business Center, Dubai World Central, P.O. Box 390667, Dubai - U.A.E. The content of the above-mentioned website cannot be copied, republished, redistributed and used for commercial purposes unless you are given a written permission to do so.
- By registering on the Operator's website and/or by ordering any service or product offered by the Operator (hereinafter referred to as the Service), YOU (hereinafter referred to as the Customer), accept the Terms of Service (hereinafter referred to as TOS) and undertake to comply with these regulations.
- The TOS determine the conditions of cooperation between the Operator and the Customer and they are the basis for settling any disputes between the Customer and the Operator.
- The Operator is not liable for any damage or loss suffered by the Customer, resulting from the Service’s unavailability, malfunction or the Customer's ignorance or incompetence.
- The Customer that downgrades the Service, agrees to lose all features and Add-ons included for the Service from which he downgrades if they are not included in the Service to which he downgrades. It does not apply to Add-ons purchased as separate Add-ons to the Service.
- The Operator is not liable for the loss of the content of the Service, including but not limited to uploaded files and settings made by the Customer.
- The Service may be suspended or terminated if the Operator registers the Customer’s actions that negatively affect the Operator and other Customers (e.g. that cause a server overload).
- Free Services and/or Free Add-ons, including but not limited to WebPlayer and TwitterCast, may be time-limited or display a limited availability and functionality.
- The Operator reserves the right to terminate Free Services and/or Free Add-ons at any time as well as to convert them into paid Service/Add-ons.
II. Technical Conditions of Service
- The Operator does not make any backup of the content of the Customer’s Service.
- The Customer is not entitled to receive an SSH (secure shell) server access.
- The Operator reserves the right to change the details of the Service, such as the IP address, port number, stream links, etc. when required for technical reasons.
- Any non-standard features, adjustments and changes to the Service or Products may require an additional fee.
- The Operator reserves the right to make technical breaks, also without any notification to the Customer when required for the Service maintenance. The Service may not work correctly or it can be completely unavailable during technical breaks.
- The Customer's Billing Account does not have a validity period and it will be created automatically after registration. It can be closed on the Customer's request.
- The Operator is not liable for effects of an unauthorized access to the Service that is a result of revealing login details to a third party by the Customer.
- All Services and Products are pre-paid and will be delivered after the Operator registers the invoice payment. The Operator has a right to request a payment confirmation from the Customer when required for billing purposes.
- The Customer will receive invoices issued on the basis of personal data entered into the registration form 7 days before the due date every billing cycle unless he cancels the Service.
- The price on the invoice is considered as final and binding should any discrepancy between the price on the invoice and an offer occur.
- Services offered to customers outside GCC are tax-free. Services offered to Customers from UAE, Saudi Arabia and other GCC countries are a subject to 5% VAT.
- The operator does not offer services to customers from Iran, Syria, Sudan, Myanmar, Crimea, North Korea and Cuba.
IV. Affiliate Program
- Affiliate Program is optional and free to join.
- The Customer will earn an affiliate referral fee of twenty-five percent (25%) for completed purchases of Services and Add-ons provided by the Operator, via unique affiliate link.
- The above-mentioned fee will be calculated every billing cycle unless the affiliate referred by the Customer fails to extend the Service.
- The referral fee becomes due at the end of each month provided that the amount collected reaches 100 USD or 100 EUR. The Operator reserves 10 days of commission delay, to verify the genuineness of the earned referral fees.
- In order to withdraw the referral fee earned, the Customer has to submit an Affiliate Withdrawal Request via Billing Account.
- The referral fee will be added to the Customer’s Credit Balance or, on a demand, sent to the Customer’s PayPal email within 10 days from the payout approval.
- The Operator reserves the right to disqualify commissions earned through fraudulent or illegal sales and practices, as well as purchases made via own Affiliate Link as well as using the same IP address or device as used to register or manage the Affiliate account. Such purchases give the Operator the right to withhold a payout the referral fees.
V. Payments and Refunds
- The payments are charged via gateways provided by external Payment Operators, thus the Operator does not collect card data from the Customer.
- The Operator is not liable for any additional fees charged by Payment operator used by the Customer.
- The Operator accepts payments in USD and EUR. Making payments in other currency may involve additional fees.
- The Customer has a right to change the billing cycle at any time during the use of the Service.
- The Customer is not obligated to create any subscriptions or automatic payments and they will not be created until the Customer uses a subscribe option provided by Payment Operator.
- The Customer is solely responsible for managing his subscriptions and/or automatic payments.
- The Customer that cancels the Service is obligated to cancel all automatic payments and/or subscriptions related to the Service.
- Payments that are an effect of surplus, doubled and unnecessary subscriptions are treated as overpayments.
- The Customer is entitled to receive a refund if he resigns from a newly purchased Service and submits a refund request within 24 hours from making the payment. After 24 hours, the Customer irreversibly loses the right to claim a refund.
- All payments that do not fulfill the above-mentioned conditions are not refundable.
- All payments for Mobile App and Service Add-ons are not refundable.
- If the Service gets terminated due to a breach of the TOS, the Customer loses the fee paid for the Service.
- If the refund is not possible via the same gateway, the payment was made through, it will be proceeded either via PayPal or added to Customer’s credit balance.
- Any overpayments will be added to the Customer's credits and they will be used to automatically pay invoices generated after credits have been added.
- Credits are the financial means assigned to the Customer’s Billing Account that can be used to purchase the Operator’s Services and Products
- Credits are non-refundable in any way.
- Requesting a refund from Payment Operator (also through a claim, dispute or chargeback) may result in an immediate suspension or termination of the Service.
- When the Customer cancels the Service before the end of the Billing Period or downgrades it before the end of the Billing Period, he agrees to lose the fee that cannot be prorated or refunded.
- Credits can be used to purchase Services only, unless a disclaimer statement is placed in case or Promotions or selected items.
- Physical products and items cannot be purchased using credits.
VI. Suspension & Termination of the Service
- The Service will be suspended if the Operator does not register an invoice payment for the Service within 5 days from the due date.
- Under special circumstances, the Operator may occasionally and temporarily withhold the suspension of the Service on the Customer's request.
- The Service will be automatically terminated if the Operator does not register an invoice payment for the Service within 90 days after the due date.
- The Operator reserves the right to terminate the Service at any time if the Customer submits a Cancellation Request.
VII. Streaming, Content and Copyright
- The Operator is not liable for the content transmitted, broadcasted and/or published by the Customer.
- The Customer is solely responsible for having all proper licenses, entitlements and agreements allowing the Customer to legally broadcast an audio-phonic transmission via the Internet as well as for covering all required royalties.
- The Customer is obliged to monitor the limits assigned to the Service. If the limits are exceeded, the Service can be turned off automatically.
- If the Customer upload files that are not audio files and cover art images, the Operator can remove such files from the server and suspend or terminate the Service. This regulation does not apply to the Web Hosting Service.
- The content of the Customer’s broadcast may not contain, or provide references to anything illegal.
- The Customer cannot upload, collect or share any illegal files using the Service.
VIII. Shared Radio Hosting Service
- The listener limit for Unlimited Services is 999 simultaneous connections.
- AutoDJ disc space for Unlimited Services equals currently available disc space of a machine shared by all the Customers using the same machine.
IX. Reseller and Private Dedicated Machine Service
- The Customer is responsible for all activity and actions performed by his users and customers.
- The Customer is solely responsible for creating, configuring and managing server subaccounts for follow-up users and customers as well as server subaccounts created for the Customer’s own purposes.
X. Mobile App
- In order to have a Mobile App created, the Customer is required to submit all details necessary to create the App within 30 days from the date of purchase through the form delivered by the Operator.
- The above-mentioned form is considered as received only when the Customer receives a confirmation email from the Operator.
- If the Customer fails to submit a correctly filled-in form within 30 days from the date of purchase, the Operator has the right to refuse the creation and delivery of the App. Other ways of submitting details than by the form; through chat, private emails or in any other way are not acceptable.
- The App will be created within 14 working days from the day that all details required to create the Mobile App are submitted and confirmed by the Operator. This time period does not include the time required to review and publish the App by Apple or Google, that is not dependent on the Operator and it cannot be a subject of a complaint.
- Any changes, adjustments, and updates that require the Operator's intervention after the App design has been confirmed and accepted by the Customer require an update fee.
- The App may not work correctly on certain Android or iPhone smartphones because of the variety of OS builds, releases, various brand-restrictions and other factors non-dependent on the Operator.
- The App may not work correctly on certain Android devices (tablets, Android Tv, Android Auto etc) and iOS devices (iPad, Apple TV etc).
- By purchasing the App, the Customer accepts the fact that the App/Apps will be created on the basis of Demo App available on the Operator's website.
- The finished App can differ from the Demo that should be treated as a purely demonstrative material.
- The Operator creates Mobile Apps on the basis of the current Policy of Google Inc. and Apple Inc. The Operator does not take responsibility should the App be removed from Google Play or App Store by the owners of these services or, regardless of the reason, should they refuse to publish the App.
- Any non-standard/custom features and adjustments in App need to be consulted and approved by the Operator before the purchase of the App and they may prolong the App delivery time and involve additional fees.
XI. Web Hosting Service
- The role of the Operator is limited to providing Web Hosting and a working cPanel that can be used by the Customer to manage his website.
- The Operator does not provide website design services and the Support Team does not provide any assistance regarding website design.
- Web Hosting Service is not designed for hosting files available for the sole purpose of sharing and/or downloading.
- Uploading any illegal files, illegal software, warez or hacked software and publishing any illegal serial numbers, mail fraud or pyramid schemes will cause immediate termination of the Web Hosting Service.
- The Operator reserves the right to suspend the Web Hosting Service for the Customer when he observes an exceptionally high level of network traffic that could negatively affect other Customers.
XII. Customer Support and Contact
- The main forms of contact with the Operator are the contact form available on the Operator's website and the email address: [email protected].
- The Operator provides customer support via his representatives, referred to as the Support Team.
- The Customer has to be able to provide the email address and other details compliant with Billing Account in order to be identified and verified by the Support Team.
- The Operator undertakes to provide customer support by answering the Customer’s messages during office hours published on the Operator's website without an undue delay but reserving the time required for handling the matter.
- The Operator reserves the right to limit the availability of customer support during national holidays, vacations, due to other occasions and reasons as well as due to force majeure.
- LiveChat and telephone support are additional forms of customer support and do not have to be always available during the Operator's office hours.
- The Support Team can offer limited support or refuse to provide support regarding a third party's software, products and services. This regulation also applies to the configuration of AutoDJ playlists.
- The Operator undertakes to treat the Customer in a polite manner and following generally accepted customer service standards hence the Customer is expected to address the Support Team likewise.
- The Operator reserves the right to refuse to provide support, block or ban the Customer if the Customer insults members of Support Team and/or does not address them in a respectful manner.
- The Operator provides support in English language only. If the Customer attempts to contact the Support Team in a different language or does not express himself clearly, the Operator may be unable to deliver support.
- Additional information and resolutions regarding the processing of the Customer's Personal Data and compliance with GDPR (EU) are available on the Operator's website, via the link: https://fastcast4u.com/privacy
XIII. Changes to the Terms of Service
- The Operator reserves the right to make changes in the TOS and undertakes to inform the Customer about any major and substantive changes in the Terms of Service using the email address entered in the Customer's Billing Account at least 7 days before they become binding.
- The current and binding version of the TOS is available in the footnote of the Operator's website.
- Should any provision of the TOS be discovered null and void this shall not affect the validity of all remaining provisions and/or their fragments. Mistakes and typing errors are reserved.
- The TOS become effective as of the 25th of May, 2018 and replace TOS published before.