Terms & Conditions
General Terms & Conditions
Unless the client (“you”) has entered into a separate agreement with Cast Control Pty Limited (‘Cast Control’) 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.
Grant of license
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.
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.
(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.
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.
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.
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.
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.
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.
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.