By placing an order through our website, you warrant that:
1.1 you are legally capable of entering into binding contracts; and you are at least 18 years old.
1.2 If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.
2.1 You can only place an order for the Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. You agree that we may block access to your account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password secret at all times and not allow anyone else to use it. You must contact us immediately if you believe your user name and password has become known to someone else.
2.2 Before you submit an order (by clicking the “Submit Order” button) you will be shown your order on screen including details of the Services you have wish to order and the price payable. You will then have an opportunity to identify and correct any input errors in your order for the Services. You will only be allowed to complete an order once you have made payment unless the service is Free or a trial.
2.3 After placing an order for the Services we will give you details of the Services you have ordered. We will send the same details to you in an email, together with an invoice, to the email address you provided when you registered your account with us. You can view copies of the invoices we have sent you and details of what you have purchased from our website by logging into your account.
3.1 After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to acceptance by us. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed in a separate Acceptance Confirmation.
4.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
5.1 If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within fourteen (14) working days, beginning on the day after you received the Acceptance Confirmation. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.
5.2 This provision does not otherwise affect your statutory rights.
6.1 Once the Contact has been formed you may, subject to clause 6.2, only cancel the Contract in relation to the Hosting Service you have purchased (unless your Hosting Service includes the use of a dedicated hosting server or VPS/ Hybrid Server in which case you may not cancel the Contract). In such cases, you may cancel at any time within thirty (30) days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a refund of the price paid for the Hosting Service you have cancelled less our processing charges. No other refund will be made. Limited to one per customer.
6.2 To cancel the Contract under clause 8.1, you must inform us in writing through our support ticket system http://www.fbcoffice.uk/support before the end of the thirty (30) day period mentioned in clause 8.1. As part of our cancellation process, we will respond to you via our support ticket system to confirm your cancellation request. You must re-confirm your cancellation request via our support ticket system or we will continue to supply the Hosting Service and your cancellation under clause 8.1 will be ineffective. You will not have any right under clause 6.1 to cancel the Contract for the supply of any other Services other than that noted in clause 6.1. Therefore, the Services which may not be cancelled include (but are not limited to):
6.3.1 Hosting Services where you request a dedicated hosting server;
6.3.2 Domain Registration and Renewal Services; and
6.3.3 Use of SSL certificates and other ‘add on’ products.
7.1 The price of any Services will be as quoted on our website from time to time, except in cases of obvious error. These prices are inclusive. The total cost of your order of the Services will be set out clearly in your Shopping Basket before you submit your order for the Services.
8.2 Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before the price increase comes into force. Any such price increase will not be effective until the Minimum Term (as defined in clause 20.3) expires. If you do not agree to such price changes, please cancel your Services in accordance with clause 20.3.1. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to the credit card, debit card or other payment method registered to your account.
7.3 Our website contains the details of a number of Services and it is always possible that, despite our best efforts, some of the Services listed on our website may be incorrectly priced. Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order. If a Service’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before accepting your order, or reject your order and notify you of such rejection.
7.4 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. You must register a payment method for the Services you have ordered before submitting your order. You may pay by credit or debit card using Paypal or, alternatively, you may set up a paperless direct debit against your account. We will take payment from the payment method you have registered against your account immediately upon sending you our Acceptance Confirmation or shortly thereafter, or expect you to pay your invoice immediately. If we subsequently reject your order, we will refund the payment you have made.
7.5 Please note that when purchasing a Service, you are obliged to pay for that Service for the whole of the Minimum Term (as defined in clause 20.3) that applies to it (unless you have cancelled the Service under clause 8.1) even though you may pay by monthly direct debit payments. Consequently, you must not cancel your direct debit payments without first cancelling your Services under clause 20.3.1. If you do so, we will seek to recover any outstanding payments due to us by other means, including by taking appropriate legal action.
7.6 Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account. Further, if your payment is still not authorised we may, at our discretion, suspend or terminate any Services we provide to you from time to time, even if payment in respect of such Services is not outstanding.
8.1 We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
8.2 We will not be liable for a breach of the warranty in clause 8.1 unless:
8.2.1 you give written notice of the breach to us through our support ticket system http://www.fbcoffice.uk/support ; and
8.2.2 we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you. We will not be liable for a breach of the warranty in clause 8.1 if:
8.3 the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any); or you alter the Services without our written consent; or the problem arises because of misuse
8.4 Subject to clause 8.2 and clause 8.3, if we are in breach of the warranty in clause 8.1 we will, at our expense, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price. This constitutes your sole and exclusive remedy for any breach of the warranty set out in clause 8.1. Notwithstanding the foregoing, we do not warrant that your use of the Services will be uninterrupted or error-free.
8.5 We reserve the right to modify the Services without notice to you provided such modification does not adversely effect your access to, or use of, the Services or detract from the overall performance of the Services. Any change which may have such adverse effect on you or may detract from the overall performance of the Services will be notified to you at least sixty (60) days prior to the change taking effect. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.
9.1 You are responsible for making all arrangements necessary for you to have access to our Hosting Services. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy
10.1 We will use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase for ninety-nine point nine nine (99.99) per cent of each calendar month. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum. We shall make all commercially reasonable efforts to provide you with advanced notification of all scheduled and emergency outages through the system status page on our website and through our newsletter. Service credits are not given for any form of downtime or service unavailability.
11.1 You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you, and any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
11.2 If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you. You agree that you shall have no right, title or interest to any IP address upon expiry or termination of the Services, and that the acquisition by you of a new IP address following expiry or termination of the Services shall be solely your responsibility.
12.1 It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) onto our servers (“Material”) as part of your use of the Hosting Services. In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
12.2 We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
13.1 your Material is linked into web pages; you do not use the Hosting Service as a backup of, or repository for, your Material; you maintain good housekeeping to maintain your Material; and you comply with our acceptable use policy.
13.2 The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you have to upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in the control panel http://fbcbusiness.com/site/web-hosting/control-panel/
13.3 Unless the Hosting Service package you order includes a dedicated server, you will only be allowed to use a maximum of five (5) per cent of our server’s processing capacity when using the Hosting Service package you order. At our absolute discretion, we may allow your usage to exceed this limitation, and we will speak to you about your hosting requirements if your usage has, or may have, a detrimental effect on our other customers. The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order. However, any mailboxes that have not been accessed for one hundred (100) clear days will be automatically deleted from our system.
13.4 When using the Services, you must comply with our terms of website use and our acceptable use policy as these are incorporated into the Contract by reference. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions. We shall be entitled to terminate the Contract, or suspend or terminate the provision of any individual Services, if you are in breach of our terms of website use or our acceptable use policy.
14.1 If a problem has arisen with regard to the Services or your registered account, you can access support through our support ticket system http://www.fbcoffice.uk/support twenty-four (24) hours a day, seven (7) days a week. Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.
15.1 Where the Contract includes our Domain Registration and Renewal Service: we will endeavour to procure the registration of the domain name you request; we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name; we shall not act as your agent or on your behalf in any dealings with domain name registry; the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should obtain and consider.
15.1.2 you are responsible for ensuring that you are aware of the terms referred to in clause 15.1. so that you can comply with them; the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar; we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement; and
15.1.3 you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
15.2 Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices thirty (30) days and seven (7) days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with clause 20.1.1. The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.
1. Your Account
1.1 We reserve the full right to terminate your account at any time, with or without given notice. Your account WILL be terminated if you are found in violation of any of these terms.
1.2 If your account is terminated due to a violation of the Terms of Service, a refund will not be provided. If your account is terminated for some other reason, it is at our sole discretion whether a refund will be given.
1.3 In order to register and use any service on our site, you are required to have a valid unique email address.
1.4 When ordering a stream service from FBCMediaTel, you are only renting the stream service. All services remain the property of FBCMediaTel.
2. Maximum Bitrate
2.1 You may only use up to the maximum bitrate that you purchased with your service when broadcasting. All live streaming purchased from us is controlled by a bitrate (X kbps). If you choose to stream above the purchased bitrate on a any of our servers, 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 £15 admin fee to have it re-activated.
3. Licensing and Other Legal Obligations
3.1 You are responsible for meeting all the legal requirements for your radio or TV stream/station. This may include, but is not limited to, internet radio and or media licensing.
3.2 We claim no responsibility whatsoever for what you choose to stream with the service.
3.3 You may not use our services to distribute adult, racist or any other antisocial material. We do not actively monitor stream contents, so all content broadcast on our network is the sole responsibility of you the client, we do not provide any form of legal cover to individuals or company's who utilise our services to distribute content with any form of copyright protection.
3.4 Under no circumstances will 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.
3.5 If contacted by an authority in the event of an illegal situation regarding any of the above, we will co-operate fully with any investigations decided against clients found to be breaking the law.
4.1 FBCMediaTel.and its suppliers are not liable for any temporary delay, outages or interruptions of the Services and will not be liable for delays or failure in performance caused by acts of God, war, terrorism, strike, labour dispute, work stoppage, fire, act of government, or any other cause, whether similar or dissimilar, beyond our control.
4.2 FBCMediaTel reserves the right to restrict, alter, or modify fees, benefits, rules, regulations, special offers, membership terms and conditions or terminate services at any time and without notice.
5. Unlimited Services
5.1 In the best interest of our users, FBCMediaTel does not put a limit on the amount of listeners/viewers that may connect to the service, nor the amount of bandwidth a service may use.
5.2 With FBCMediaTel streaming services, service packages are offered to our users and these packages requires a maximum number of simultaneous listeners/viewers to be set. By default, the FBCMediaTel server will be set up with a listener/user limit. If needed, this may be increased at any time by purchasing the required numbers from the site. If you cannot find a plan, contact FBCMediaTel customer support.
5.3 The service offered on our site is intended for individual sites, home businesses, and small businesses. Large enterprises, or other stations requiring a dedicated server should contact us.
Our services are billed on a monthly subscription basis unless otherwise specified. Client will pay all charges for the first month of service in advance on the first day of the Initial Term. Client will pay all subsequent charges for Services in advance on the anniversary day of each month.
6.1 Client failure to fully pay any fees/charges/invoices within 7 days from the applicable due date is a material breach of this Agreement, justifying FBCMediaTel to suspend its performance of this Agreement and apply late payment fee's and charges or terminate this Agreement. If FBCMediaTel terminates because of Client material breach, Client will be required to pay immediately all fees and costs accrued before the termination date. Client is responsible for any costs FBCMediaTel incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees. To reinstate Services, Client must pay £25 as a reconnection fee 7 days in advance of the day such Services are reinstated and the monthly charges associated with the Services as invoiced.
7.1 Refunds will only be issued at our sole discretion. Problems can typically be resolved by contacting customer support.
7.2 Any charge-backs or reversed transactions made on your payments will result in your account being immediately terminated. Refunds are typically available within 24 hours after any payment is made by a new customer, providing the service(s) provided have not been used. It is the clients responsibility to keep track of all payments made.
8. Our Site/Service
8.1 While every effort has been made to keep the site and service secure, we cannot assure that the site and service is completely free from exploits or malfunction. You accept that the site and the service is provided as is with no guaranties that it will function without fault. If a user is caught exploiting any area of FBCMediaTel their account will be permanently terminated.
8.2 We reserve the right to modify any of the information and function on the site and service at any given time.
9. Our media Player
9.1 We recommend that you use the player provided with your account. The player comes with our default banner service, which helps keep our streaming charges down, that is why we are able to give you some free listeners with your FREE radio account. The user can take over the banner for a fee at anytime by making a request to firstname.lastname@example.org.
9.2 If a user is caught removing or changing any aspect of the player or links without authorisation, FBCMediaTel will notify the user and invoice them from the date notified a total of £150. Should the user not pay their account by return, the service will be permanently terminated. If the user removes or changes the Ad banner without authorisation, the account will be suspended with notice.
To remove the powered by link, FBCMediaTel will add £2.50 per calender month to your subscription.
10. 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 FBCMediaTel and their owners. 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.
11. Remote DJ service
Every effort is made to ensure that connection to the host station is maintained, due to some instabilities with the Internet, some DJs may loose connection with their host. FBCMediaTel will not take responsibility if a DJ looses such connection. The conditions of the service dictates that the DJs and their host station are fully responsible for maintaining a reliable connection. FBCMediaTel will apply a service charge £5 should the DJs request more than the set number of reconnection in any given month.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire Terms and Agreement between the parties relating to the matters contained herein. We may at any time revise these Terms and Conditions by updating this posting. All users are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which they are bound.