Terms and Conditions

Terms and Conditions

I. General Terms and Conditions

1. streamthisradio website available at https://streeamthisradio.com belongs to Stream This Radio hereinafter referred to as the Operator, registered office at 1700 Broadway, Suite 550
   Denver, CO 80290. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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).
8. Free Services and/or Free Add-ons, including but not limited to Free Mobile Apps, may be time-limited or display a limited availability and functionality.
9. 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

1. The Operator does make backups of the content of the physical server (shared audio stream services), but not specifically of the Customer’s Service.
2. The Customer is not entitled to receive an SSH (secure shell) server access.
3. 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.
4. Any non-standard features, adjustments and changes to the Service or Products may require an additional fee.
5. 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.
6.  

III. Billing

1. 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.
2. 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.
3. 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.
4. 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.
5. The price on the invoice is considered as final and binding should any discrepancy between the price on the invoice and an offer occur.
6. Invoices face a $5.00 ($) late fee charge if the Customer does not register a payment within 5 days past invoice due date.

IV. Affiliate Program

1. COMING SOON…

V. Payments and Refunds

1. The payments are charged via gateways provided by external Payment Operators, thus the Operator does not collect card data from the Customer.
2. The Operator is not liable for any additional fees charged by Payment operator used by the Customer including exchange rates/currency fluctuations.
3. The Operator accepts payments in Dollars($). Making payments in other currency may involve additional fees.
4. The Customer has a right to change the billing cycle at any time during the use of the Service.
5. The Customer is not obligated to create PayPal Subscriptions or automatic payments and they will not be created until the Customer uses a subscribe option provided by Payment Operator, Credit/Debit Card payments will be charged the day before due date automatically if the Customer stores card details.
6. The Customer is solely responsible for managing his subscriptions and/or automatic payments.
7. The Customer that cancels the Service is obligated to cancel all automatic payments and/or subscriptions related to the Service.
8. Payments that are an effect of surplus, doubled and unnecessary subscriptions are treated as overpayments and are added to the Customer’s credit balance, including any payments whereby the Customer has failed to cancel automatic payments and/or subscriptions for after submitting a Service cancellation.
9. 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.
10. All payments that do not fulfill the above-mentioned conditions are not refundable.
11. All payments for Radio Apps, Stream Reseller plans (Dedicated Servers), Software Licenses and Service Add-ons are not refundable.
12. If the Service is terminated due to a breach of the TOS, the Customer loses the fee paid for the Service.
13. 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.
14. 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.
15. Credits are the financial means assigned to the Customer’s Billing Account that can be used to purchase the Operator’s Services and Products
16. Credits are non-refundable in any way.
17. Requesting a refund from Payment Operator (also through a claim, dispute or chargeback) may result in an immediate suspension or termination of the Service and additional costs billed to the Customer.
18. 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.
19. Credits can be used to purchase Services only, unless a disclaimer statement is placed in case or Promotions or selected items. 
20. Physical products and items cannot be purchased using credits.

VI. Suspension Cancellation & Termination of the Service

1. The Service will be suspended if the Operator does not register an invoice payment for the Service within 5 days from the due date.
2. Under special circumstances, the Operator may occasionally and temporarily withhold the suspension of the Service on the Customer’s request, however the Operator will not waiver the late fee applied to invoices.
3. The Service will be automatically terminated if the Operator does not register an invoice payment for the Service within 20 days after the due date.
4. The Customer has the right to submit a cancellation request at anytime by accessing the CPWise site, selecting the Service and selecting Request Cancellation.
5. The Operator reserves the right to terminate the Service at any time if the Customer submits a Cancellation Request.
6. The operator reserves the right to cancel any new order whereby the Customer re-orders a terminated service in order to bypass late fee.

VII. Streaming, Content and Copyright

1. The Operator is not liable for the content transmitted, broadcasted and/or published by the Customer.
2. 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.
3. The Customer is obliged to monitor the limits assigned to the Service. If the limits are exceeded, the Service can be turned off automatically.
4. 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.
5. The content of the Customer’s broadcast may not contain, or provide references to anything illegal. 
6. The Customer cannot upload, collect or share any illegal files using the Service.

VIII. Shared Radio Hosting Service

1. The listener limit for Unlimited Services is 999 simultaneous connections and can be increased if necessary.
2. AutoDJ disc space for Unlimited Services equals currently available disc space of a machine shared by all the Customers using the same machine.
3. Bandwidth usage for Unlimited Services equals currently available bandwidth of a machine shared by all the Customers using the same machine.
4. The operator reserves the right to suspend an account using above the shared resources whereby the Operator can see a negative impact to other Customers on the same machine caused by a single Customer account, the Customer will be provided upgrade options.
5. All Unlimited shared services are based on the premise of “Fair Usage”, this means the Operator must act upon any single account causing resource issues on a machine that impacts other Customers on the same machine, the Customer is responsible for upgrading for greater dedicated resources.

IX. Reseller and Private Dedicated Machine Service

1. The Customer is responsible for all activity and actions performed by his users and customers.
2. 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.
3. The Operator offers “Reseller” services on Dedicated Servers only policy, this means a single Reseller Customer is hosted on a single machine, not shared with other reseller Customers.

X. Free Radio App

1. In order to have a Free Radio App created (on selected plans), the Customer is required to submit all details necessary to create the App within 30 days from the date the Operator contacts the Customer to initiate the Radio App setup.
2. The above-mentioned form is considered as received only when the Customer receives a confirmation email from the Operator.
3. If the Customer fails to submit the required details within 30 days from initial Operator email, the Operator has the right to refuse the creation and delivery of the App.
4. The App will be created within 14 working days from the day that all details required to create the Free Radio 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.
5. Any changes, adjustments, and updates that require the Operator’s intervention after the App design has been confirmed and accepted by the Customer can be performed at the Operators discretion.
6. 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.
7. The App may not work correctly on certain Android devices (tablets, Android Tv, Android Auto etc) and iOS devices (iPad, Apple TV etc).
8. The Customer accepts the fact that the App/Apps will be created on the basis of Demo App available on the Operator’s website.
9. The finished App can differ from the Demo that should be treated as a purely demonstrative material.
10. The Operator creates Free Radio 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.
11. The Customer will require their own Apple iOS Developer account (additional fees at Apple apply) in order for the Operator to publish to the Apple App Store, the Operator cannot publish under the Operators own Apple Developer Account.

XI. Paid Radio App

1. The Customer is responsible for creating the Radio App via the self service DIY app building web panel, the Operator does not create the app unless the Customer specifically requests this during the order (additional fee applies).
2. If the Customer orders the “Design It For Me” add-on, in order to have a Radio 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.
3. 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.
4. The App will be created within 14 working days from the day that all details required to create the Radio 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.
5. Any changes, adjustments, and updates that require the Operator’s intervention after the App design has been confirmed and accepted by the Customer are performed at no additional cost, however are performed at the Operators discretion.
6. 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.
7. The App may not work correctly on certain Android devices (tablets, Android Tv, Android Auto etc) and iOS devices (iPad, Apple TV etc).
8. 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.
9. The finished App can differ from the Demo that should be treated as a purely demonstrative material.
10. The Operator creates Radio 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.
11. 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.
12. The Customer will require their own Apple iOS Developer account (additional fees at Apple apply) in order for the Operator to publish to the Apple App Store, the Operator cannot publish under the Operators own Apple Developer Account.

XII. Customer Support and Contact

1. The main forms of contact with the Operator are the contact form available on the Operator’s website, support ticket requests submitted via the dedicated support and billing site “CPWise” located here: https://streeamthisradio.com and the email address: support (at) streamthsradio (dot) com.
2. The Operator provides customer support via his representatives, referred to as the NuWeb Support Technicians.
3. 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.
4. The Operator undertakes to provide customer support by answering the Customer’s support requests within a few hours at the latest, technical support via support tickets is available 24/7/365.
5. 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.
6. Live Chat support is an additional form of customer support and is always available during the Operator’s office hours via the Operators website.
7. 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.
8. 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.
9. 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.
10. 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.

XIII. Changes to the Terms of Service

1. 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.
2. The current and binding version of the TOS is available in the footnote of the Operator’s website.
3. 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.
4. The TOS become effective as of the 1st March, 2023 and replace TOS published before.