Terms and Conditions

These terms are updated often, please bookmark this page and refer back to it in the event of questions.

What Support is offered?

1. We will keep the service you purchase from us runing to the best of our ability
2. If you have a Virtual machine, we will ensure that it is kept running and connected to the internet according the SLA listed in the paragraphs below.
3. We will ensure that our support team are on hand to assist with the above at all times
4. We will endevour to keep your streaming servers and mountpoints on lone at all times according to the SLA below.
5. We will maintain and service all relevant hosts

What isnt offered?

1. We wont support any of the software that you install, this support MUST come from the vendors of the software
2. We cannot reinstall any playout software after the initial install, this must come the vendor
3. We wont unless otherwise purchased, backup your data, you are responsible for ALL backups
4. We do not as standard keep a copy of your data, you MUST store a backup of your data offsite in a cloud or similar.
5. We DO NOT licence your broadcast, you must obtain a licence and permissions from the relevant bodies.
6. Unless otherwise agreed we do not provide as standard a backup playout system / emergency audio player
7. We do not accept any resonsibilty for any damages / loss of earnings / reputational damage in the event of any form of failure, you must keep backups in order for any form of rectification to be possible.

All the below terms where applicable form part of your agreement with The Mediasite UK LTD – we are a Limited company registered in England – Company Number :11389892

1. Acceptance: If you accept any quote we send to you and proceed to utilise services provided to you, it is deemed that you accepted the terms laid out on this page.
2. 3rd Parties: We utilise 3rd parties to provide connectivity, whilst all effort is made to maintain the connection to you service, they as we are at the will of outside forces, so we cannot be held liable for external connection issues.
3. Uptime: All Virtual machines are hosted on our own dedicated infrastructure, and we offer 99.1% uptime of our hosts, excluding – Planned maintainance, Security issues, Power interruptions ( see term 4 ) acts of god and terrorism.
4. Power: We maintain a large UPS / Generator backup for our DC, and should there be a power outage, our systems will hold the power till it is restored, the exception being if the systems are subject to fire, theft and vandalism, this is not guarnteed to be seamless, but is provided as “best effort”
5. Payment: Payment is due in advance of service provision, your payment date is on your invoice, if payment is not made for any due invoice within 7 days of the due date, services will be suspended, to reactivate any service will incur a £15 charge

Financial:

1. Payments by Credit or Debit card are processed by our payment partner TAKE PAYMENTS and BARCLAYCARD, we do not store, or see any card details, see there terms of service here : https://www.takepayments.com/terms-and-conditions/
2. All our pricing is subject to 20% UK Vat
3. All payments made via Card will show on your statements as “The Mediasite UK Ltd”
4. Any monies due after the due date will result in collection activities.
5. Any disputes in service quality or uptime, does not release you from your obligations from any monies due.
6. All disputes and issues must be raised to our accounts team via the contact page or 01704 335900
7. We sometimes utilise 3rd partys for some of our services, from time to time our costs from them change, this will be refelcted in your invoice from us with the same notice period we are given.
8. We will increase our prices as per the UK inflation rate, and other economic factors where needed, but we will keep this to a minimum to avoid continual increases.
9. No rates are guaranteed unless stated or paid annually in advance
10. You will have 30 days to disagree with any price increases and our team are available should you wish to exit the agreement or discuss the increases on 01704335900
11. Price Increases are applied to the next FULL months invoice unless stated and are never applied in retrospect.
12. When you accept the quote you are entering into a contract, which deems you liable for payments related to the same, and you understand the same maybe subject to rate increases mid term, if you wish to exit early you may be liable for payments for the term, see contract terms below.
13. Any disputes will be made via the courts of England and Wales
14. All Software payments / Subscriptions are made direct with the provider, we will invoice only for our hardware and services.
15. 15.  All payments should be made by Direct Debit.  Any Direct Debit that fails will be charged a £10 admin fee.  For any late payments made by bank transfer or debit/credit card will be charged a £15 admin fee.

CONTRACT TERMS

1. Cancellation is made in writing to your account manager, and requires a minimum of 30 days notice, and depending on the term taken there may be an exit fee equal to the outstanding term
2. Provision of service is dependant on your account being kept in good standing
3. We may perform a soft credit search on your company to deem risk, we will obtain your consent prior to doing this.
4. We can transfer the service element of this agreement at time if we deem needed
5. We can transfer all of part of our provisions to a 3rd party in the event of a company purchase without notice.
6. If we are no longer able to provide the services listed on your account then this contract is null and void.
7. We reserve the right to cancel any service without notice if we deem it essential to protect other users on our network
8. We reserve the right to cancel your agreement if payment is not made on time
9. We reserve the right to cancel your agreement if we are requested to by a court or similar authority
10. We reserve the right to cancel your agreement if we deem illegal activity has taken place on your server / service
11. You are entitled to a copy of all of your data we hold at any time with out cost, contact our accounts team via the contact page.
12. Failure to pay any invoice for services used, may result in us reporting it to credit reference agencies and it may affect your ability to obtain credit in the future.
13. All domain names remain your property
14. You are obliged to maintain the server / cloud server as per the obligations below.

SERVERS – Additional Terms

Your Obligations:

1. You agree that you have the needed Knowledge to operate and use a virtual machine / server
2. Any user operating the system is your responsibility
3. All security is your responsibility
4. You are in charge of your own passwords and security, and any breaches therof.
5. We will assist in securing your server in the event of a breach where possible, if this breach is not an external factor a £110 per hour charge will be applied.
6. We are not responsible for the actions of your users, and we cannot be held responsible for the same.
7. You will safeguard the passwords and usage of our systems at all time.
8. If we belive you have failed to do any of the above we can revoke the usage of the server at anytime without notice.
9. You agree to ensure all activity on the cloud server is within the laws of the United Kingdom, and it will not be used to view / download / distrubute illegal or pornographic content, such activity will result in the authorities being informed and we will terminate your service without notice or communication.
10. You agree that any communications made via the server are within the rules and laws of the United Kingdom, and as such we will comply with any request from authorities to accsess the servers.
11. You will NOT run any kind of public file sharing platform
12. You agree to backup your own data unless otherwise arranged.
13. If you believe your system has been compromised you MUST inform us immediatly.
14. You agree to neither offer nor disseminate copyrighted content without authorisation.
15. Importing and installing any other operating systems, images and other external content is done at Your own risk. We assume no liability for third party content and applications that we did not install.
16. You agree to follow the technical instructions provided by us.
17. You agree to co-operate and follow The Mediasite UK Ltd instructions regarding software upgrades for the purposes of maintaining the security and stability of the services provided. We accept no liability for the consequences resulting from failure to do so.
18. You agree to fulfil all the license requirements, including those from third parties.
19. If You use any software, which has not been purchased through us, on Your system, You warrant that You are duly licensed to use the software, that the licence grants sufficient rights to Us to provide the services in accordance with these terms and conditions and is a party to an appropriate written licence agreement with the software provider.
20. You must remain in possession of the required original playout system software license(s). We may request proof of license(s) at any time.
21. If You fail to provide us with confirmation of the above licence(s), We reserve the right to suspend and/or terminate Your contract with us, continue to charge for any outstanding fees and any related penalty fees, which We are liable for under the licensing agreement with software providers.
22. You shall indemnify The Mediasite for any costs, claims, losses, damages, liabilities, demands and/or expenses including legal costs incurred and/or suffered as a result of any failure by You to be appropriately licenced in respect of software, which was not purchased through Us.
23. We are subject to rights of audit where it acts as a reseller for third party software. You acknowledge and agree that We may regularly run a series of scripts / inspections on Your server(s) to determine what software is held on the server, how many Users have access to each piece of software and assess any additional fees that may be payable and shall provide reasonable and prompt assistance in relation to any information or audits requested by such third party software suppliers.
24. You agree to provide us with access to Your Server upon request, in order that We can comply with our obligations to third party suppliers.
25. In the event of failure of hardware faults we will access your system for troubleshooting
26. In the event of a request from the authorities or a court we will give access immediatly to your servers.
27. You will NOT deactivate or remove our remote support software
28. With regard to any third-party licenses for software programs that we use for its cloud platform You acknowledge that the trademarks and other intellectual property rights belong to the third parties.

Our Obligations

1. We agree to maintain the server hardware.
2. We reserve the right, to migrate Your server, the server software or parts for technical or security reasons (e.g. end of life of the software, end of support).
3. We reserve the right to offer a different version of the application that We consider most appropriate and to modify the available applications, at any time in line with new versions or in cases where weaknesses are detected.
4. We will perfomr maintainece when we deem needed, and this where possible will be informed in advance, but not always possible in urgent situations.
5. We will advise where possible on any software issues, but the ultimate support must come from the software vendor
6. We reserve the right to disconnect the server from the network and/or terminate Your contract with us without prior notice, if You have breached Your obligations.
7. Occasionally, we need to remotely access Your server to respond to an incident.

Service Level Agreement – Servers (dedicated and virtual)

1. At The Mediasite we aim to deliver the highest possible levels of up-time and agree that the Hardware on which your Cloud server or Virtual machine is based or Server Hardware and service critical infrastructure, including Power and Network Connectivity will be available for 99.1% of the time (excluding scheduled maintenance, advance notice of which will be given wherever possible).
2. We need from time to time perform maintainence on routers and switches, and this may involve outages on your services, whilst we try to mitigate this when possible, short outages during these kinds of work are possible.
3. We will not be held resposible for any software failures / software errors on your services, our responsibility is to the functionality of the VM / Dedicated Server, unless a prior agreement exists.
4. Connectivity is provided to you at the same SLA from our providers, and as such we cannot guarantee 100% uptime, we provide redundancies and mitigations, but we are held to a 3rd party SLA and therefore offer the same.
5. In the event of a HARDWARE FAILURE we aim to rectify this within 12 hours.
6. We offer the services with our best efforts to maintain them as such.
7. Remote accsess to the machines is provided by us to our direct clients, via splashtop and is porvided “as is”, 3rd party vendors will provide there own service and one that we cannot support directly.
8. We are a service provider and as such are held to SLA’s from 3rd parties, and as such no claims will be upheld in the event of a 3rd party failure.
9. In the event of an outage to one of these service components which results in server downtime customers may be entitled to claim a service credit of one day’s service fee for every hour that the server is unavailable, depending upon the outage circumstances. The period of the outage will be measured from the time you report the problem to our confirmation of restoration of service.
10. SLA claims may be made up to a maximum of one month’s service fee in any calendar month.
11. Outages caused by third party software installations or other modifications to the default server operating system as deployed do not fall within the terms of this Service Level Agreement.

Service Level Agreement – Web Hosting // Emails

1. WEBSITE HOSTING is offered on a shared platform and as such is subject to a different SLA.
2. We reserve the right to modify this service at any time.
3. Our uptime SLA for shared hosting is 99.0%
4. Our Uptime SLA for Microsoft emails are determined by Microsoft – 98.0%
5. Our Uptime SLA for TMSMAIL is 95.0%
6. Our service is impacted by the behaviour of our users, so all SLA’s for shared hosting are best effort
7. We will with or without notice have to perform planned or emergency maintainance which may or may not affect your service, these will be notified in advance where possible on our status page.
8. We offer no service credits for shared hosting outages.
9. You must accept and comply with the terms of the licences for any and all third party applications installed on your websites
10. You accept full and sole liability for any and all third party applications that you choose to use in conjunction with this service.)
11. You will not be given root access to install packages of your own choice not already supported by our platform neither will The Mediasite install packages for you or specific versions of packages beyond those already supported within the platform.
12. The storage quota available to you is determined by whichever of the Products you have. Any plans with unlimited storage, are subject to a limit of no more than 200GB, It is your responsibility to ensure your account remains below this limit, and you can log into your control panel at any time to check how much you are using. The storage quota is a combination of all files stored on your web space and emails.

Domain Names:

1. We register any domain names you require through our domain partner – FAST HOSTS, the terms for domain registration are found here https://www.fasthosts.co.uk/terms/domains/domain-names-terms

Audio Streaming

1. COVERAGE – Our 99.00% uptime guarantee applies to any direct client in good standing with The Mediasite UK LTD
2. SLA – Our standard best effort SLA for NON managed solutions is 98% uptime – for Managed the SLA is 99.0% – this is deemed to mean your server and mountpoint are available to the outside world – NOT if your service is unable to connect due to a 3rd party issue.
3. If your service is not available (100%) packet loss, and it is deemed to be the fault of our infrastructure then a service credit of 1 days service for every 6 hours outage, will be applied your account.
4. The outage MUST be reported online – support@themediasite.co.uk and any support credits will be calculated from the timestamp on the email to the point our network team deem it to be restored.
5. Streaming is deemed to be avialable if the mount point is online, connectivity to this mount point is via the public internet and should not be deemed to be 100% reliable.
6. Credits are not applicable for outages caused by forces beyond our control: including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike, lockdowns, pandemics, unavailability of interruption in telecommunications and backhaul or third party services and systems including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain power needed for provision of your service.
7. The exception to service credits is outages caused by: Network maintainance, server swap, software upgrades and planned maintainence posted on our service page at themediasite.co.uk , or misuse and abuse from your usage of the service.
8. We agree to keep the server running and your mountpoint available to the outside world to the best of our ability.

Refunds / Returns

1. All services provided are deemed to be NON REFUNDABLE
2. We cannot offer refunds for any computing USED in a service period
3. No Refunds are available for 3rd party software we licence on your behalf (Playout One / Myriad / PlayIt Live / Microsoft)
4. All enquiries regarding this should be made to accounts via our contact page.

Your Data

1. Any data you load onto our servers / virtual machines is 100% your data.
2. We will not (unless otherwise agreed in writing) backup your data
3. Upon service suspension you have 48 hours to download any data from our servers before automatic deletion occurs.

Support – General

1. Our Radio Broadcast Support team and automatic systems are monitoring our networks 24 hours a day
2. We do NOT monitor your playout feeds, nor do we monitor your software.
3. We will endevour to assist where possible, but playout support needs to be directed to the software vendors.
4. 24hr Support does NOT apply to Websites and mail services, these are supported during office hours MON-FRI 7am – 6pm GMT and within 1 day response out of these hours, any emergency call outs for WEBSITES and MAIL are chargeable at £55 per call.
5. Our Backhaul providers provide to us a 98% uptime SLA
6. We have a 99.0% SLA with any 3rd party hardware providers we may use
7. Telephone support is available in UK 01704335900
8. Email support is available worldwide via our support option on the contact page
9. We will provide FREE support when it is one of our systems that is at fault, you are unable to login, your system goes offline, hard disk failure, unable to connect to our platforms.
10. Paid support applies to: Machine config after a user changes the settings, 3rd party playout software issue, rebuilds, reloads, requested repairs, including but not limited to damage caused by you the user or one of your team, virus cleaning, ransom ware, website recovery.
11. OFF AIR EMEREGENCY Out of hours / Weekend – if your station is off air and you need support and it is NOT a Mediasite UK Ltd hardware issue and it is NOT a fault of The Mediasite UK Lrd systems, you agree there maybe a minimum charge of £145 per hour, this charge will be waived if we are unable to resolve the issue.
12. OFF AIR EMERGENCY During normal Hours: The same terms apply as in point 9 and 10.
13. From January 1st 2023 charges will apply when you ask us to do website changes / requests for pages and new additions at £55 per hour – unless a management agreement is in place
14. We will provide a portal / cms for you to make any website changes and a full guide is available to perform these easily
15. The scope of support MUST be documented in a support tickect PRIOR to our team engaging.
16. We will not support software if a support agreement exists with the vendor – Aiir / Myriad and Playit Live.
17. Support for PLAYOUTONE PRO is available direct from Aiir
18. Support for RCS is available fro RCS
19. Support for MYRIAD 5 /6 is available from Broadcast Radio
20. Support for PLAYITLIVE is available from Play It Software

Last updated – 23 October 2023

Price Increases and terms of support

Support outline