Terms and Conditions

Wavestreaming is a trading name of Igniso Limited. Registered in England and Wales: 5687027.

Referred hereinafter as 'Wavestreaming', 'our', 'we' and 'us'; is an internet service provider. All customers under our service are subject to the terms and conditions described in this document. Under the terms of this agreement, signing up and/or using our service(s) in any form therefore declares that you have read, understand, and agree to the terms and conditions stated below. Wavestreaming reserves the right to make alterations to this document whenever we deem reasonable. It is the client's sole responsibility to check this document for updates on a regular basis.

Last Updated: 1st December 2012

Acceptable Use, Copyrights & Restrictions

All material on this site, including but not limited to text, images, illustrations, code, scripts and audio clips/live audio is protected by copyrights which are owned and controlled by Wavestreaming. Material from this website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, unless we give you the written permission to do so.

Streaming, Content Hosting & Licensing

Wavestreaming does not actively monitor stream contents and all content broadcast is the sole responsibility of the client.

We do not provide any form of legal cover to individuals or companys who utilize our services to distribute content with any copyright protection. Under no circumstances will Wavestreaming be responsible for the behaviour of our clients or their users when found to be broadcasting protected content. All licensing, copyright and royalty issues are the sole responsibility of the individual clients and/or their production entities.

You may not use our services to distribute adult, racist or any other un-sociable material.

If contacted by an authority in the event of an illegal situation regarding any of the above, we will co-operate fully in any investigations they decide to make against clients found to be breaking the law.

Wavestreaming will make every effort possible to ensure security of client's data, however due to the large volume of media stored, our standard costs do not include backup of data, please contact us if you would like to arrange this at an extra cost. All data is stored at client's own risk and we will assume no responsibility for any loss, damage or corruption of files hosted on our servers.

All live streaming purchased from Wavestreaming is limited in bandwidth by a bitrate (X kbps). If you choose to stream above the purchased bitrate on a live server, we reserve the right to terminate your account without warning, refund or explanation.

If your account is suspended because of this, we reserve the right to charge a $5 admin fee to have it re-activated.

Reasonable Usage Policy (Applies only to Podcasting, API Services, iPhone, Player Services and On-demand)

Services provided to clients by Wavestreaming only under our Podcasting, On-demand, Flash Player, Player Suite and products which feature API services are sold or provided on a fair usage basis. Podcasting and on demand services are not offered on a dedicated or unlimited basis unless otherwise specified.

Our free and pro player suite licence is per company. Multiple stations and players can be added as long as each station or channel is wholly owned by the client. Under no circumstances may our players be resold or given away to any third party without prior written permission from Wavestreaming. Clients are limited to creating upto 10 players for their station(s).

Services such as our player tools, or embedded API services (now playing etc) that are provided to clients by Wavestreaming to be embedded on a third party website or social network are subsitute to a reasonable use policy of 200,000 player hits per month per user. Although this is not actively monitored, we may from time to time check to ensure users are not using an unreasonable amount of resources.

Server processing and bandwidth resources for these products are shared with other users of the system and clients are required to understand this. We reserve the right to monitor, restrict, suspend or bill clients found to be using a disproportionate level of shared resources on a regular basis. In any such case, we will firstly contact the user to try and find a solution including, but not limited to attempting to compress media to reduce resource usage, upgrading to a higher level of service or restricting download/resource usage.

None of our products (including SHOUTcast and Cloud DJ) are limited on bandwidth or data transfer unless otherwise specified and any additional limits such as bitrate and listener slots are clearly laid out on our product pages.

iPhone app is subject to a yearly or lifetime charge, of which includes a single manual submission to Apple. Once Apple have reviewed and approved the app, we reserve the right to charge a $20 admin fee for any further re-submissions (because this is a manual process). We will only resubmit the app at no cost on the basis of an major bug fix or issue which otherwise is preventing it from functioning. We will not make vanity changes for free, so it is important for clients to ensure they are happy with their artwork before initial submission.

Payment, Cancellation and Refunds

Services are billed on a monthly or yearly subscription basis unless otherwise specified. Payment will be collected on a specific billing date either 1 month or 1 year from the initial signup date automatically and will continue until a written cancellation request is received via the correct method (see below). Failure to pay for services delivered may result in suspension of service and/or late payment fee's in accordance with the Late Payment of Commercial Debt Act (1998).

We offer a 24 hour 'cooling off' period for new customers. Refunds are available for 24 hours after any payment is made by a new customer for a new service, providing the service(s) provided have not been used. It is the clients responsibility to keep track of all payments made. Any refunds given will be minus any setup, admin or processing fee's at our discretion.

You are not liable for any form of refund if you have breached the terms of service in any way, which includes exceeding the agreed bitrate limit and broadcasting unsuitable content.

All payments billed to existing clients are non-refundable, clients wishing to cancel our service should contact us at least 7 days in writing via the client support area before the next billing date, we are unable to accept cancellation requests via any other form of communication. We may ask clients for verification details before cancelling an account and clients are expected to reply promptly with the requested information. Cancelling a PayPal or Card subscription directly without notifying us may result in an instant termination of service.

Support and Communications Policy

Customers who require technical support can contact us at any time via the support ticket desk, we aim to respond to all requests within 24 hours and most tickets are replied to and often resolved well within this timeframe. However, our standard products do not include any form of support time response guarantee unless otherwise specified. Corporate customers who require a dedicated account manager, or guaranteed response times should contact us to arrange a premium service level agreement. We regret that we are unable to provide technical support via other lines of communication such as telephone or live chat to clients on our standard support agreement. This is enforced due to the nature of our business and to ensure a fair level of service to the large number of customers who we serve.

Clients are expected to be courteous and professional in their communications to Wavestreaming. Under no circumstances will we tolerate any kind of verbal, physical, written or other abuse (including threats of abuse or retribution) of any Wavestreaming customer, employee, member, or officer will result in immediate account termination.

Wavestreaming agrees to offer support to clients only on topics directly relating to our services and our technical support team are there to assist clients with any problems directly relating to the availability or functionality of our service. Our support service does not cover generic computer or website advice. We always try to help clients as much as possible, however, it is important for clients to acknowledge that their hardware/software setup is unique and it is not always possible for our support technicians to offer 100% resolution of all problems. Clients are expected to do their own research and seek training on such matters.

To aid our customer service representatives, it is important for clients to include a clear outline of account information, system reference numbers and adequate details of any problems when submitting a request to our support department, with a detailed description and screenshots where required. Failure to do so may result in a delayed response and/or resolution times.

Other Concerns

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. Wavestreaming may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN ANY EVENT SHALL WAVESTREAMING OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF WAVESTREAMING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

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IN NO EVENT WILL WAVESTREAMING OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY. IN NO EVENT SHALL WAVESTREAMING OR ITS SUPPLIERS BE LIABLE FOR THE FOLLOWING: (I) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY LICENSEE, ANY DISTRIBUTOR OR THEIR RESPECTIVE AGENTS; (II) FAILURE OF THE PRODUCTS TO PERFORM; (III) FAILURE OF THE PRODUCTS TO PROVIDE SECURITY;

You may also review our privacy policy.