This translation is only a rough translation; to consult the original texts of laws, refer you to the French version.
Article 1 – General information
SAS RADIOKING, registered to the Lille Métropole Trade and Companies Register under number 879 277 127,
With head offices located at 78 rue de la gare 59170 Croix FRANCE (hereinafter referred to as «RADIOKING»), is in the business of creating, hosting and showcasing radio stations over the internet. It additionally develops bespoke mobile apps and websites.
These general terms and conditions of sale govern the contractual terms and conditions between RADIOKING and its Client, with both parties unreservedly accepting them.
These general terms and conditions of sale will prevail over all other terms and conditions appearing in any other document.
Any past subscription taken out by the Client, via the website www.radioking.com implies full and entire acceptance of these general terms and conditions.
SAS RADIOKING hereby reserves the right to amend these at any time and without notice, with it being indicated that the terms and conditions applicable will be those in force as at the date of subscription on the SAS RADIOKING websites.
The Client hereby acknowledges to have read the general terms and conditions of sale and unreservedly accepts these prior to any subscription on said Websites.
They shall refrain, notwithstanding prior express consent from SAS RADIOKING, from making any purchase for resale purposes, as defined under article L110-1 of the French Commercial Code.
Article 2 – Definitions
Subscription: Refers to the package for accessing the Services, taken out by the Client with RADIOKING.
Client: Refers to the physical person or legal entity capable, or hold of a written legal authorisation, dated and signed following the placement of an order on the Websites.
Access Codes: Refers to the personal username and password which allow the Client to access their Personal Account.
Personal Account: Refers to the personal space reserved for the Client, accessible using the username and password from which the Services are accessed.
Content: All information published online by the Client via use of the Services.
Data: All information stored by the Client in their personal account.
Platform: Refers to the interactive tool proposed by RADIOKING for the operation of the Services, accessible via the Websites from the Personal Account.
Radio Server: Refers to hosting which allows the radio stations to broadcast online
Service: Refers to the features and services, in whole or in part, proposed by RADIOKING.
Article 3 – Subscription packages offered and welcome offers
The Subscription packages may be subscribed to on a monthly or annual basis. The Subscriptions comes into effect as of the order date. Depending on the subscription selected by the Client, the term of the Subscription shall be governed as follows:
- Monthly: The Subscription is concluded for a term of one (1) month from the placement of the order and shall be extended by automatic renewal for successive one-month (1) periods, unless the Subscription is cancelled at least seven (7) days prior to its renewal date, under the conditions set out in Article 8.1 of these terms and conditions;
- Annually: The Subscription is concluded for a term of one (1) year from the placement of the order and shall be extended by automatic renewal for successive one-year (1) periods, unless the Subscription is cancelled at least seven (7) days prior to its renewal date, under the conditions set out in Article 8.1 of these terms and conditions;
Special subscription offers, also referred to as «welcome offers», may be implemented at the discretion of RADIOKING for a predefined term, in an ad hoc and random manner. Any Client subscribing to such a welcome offer will benefit over a given period (indicated on Websites) to free access to Services, upon the expiry of which access to Services will stop, aside for any commitment by the Client towards any new Offer. Certain welcome offers may also consist of a reduction of the total amount of the first due amount for the corresponding Offer, for a given term.
Article 4 – Description of the Services
Each Service proposed by RADIOKING is described in detail on the Websites. The Services to which the Client has access depends on the Subscription package selected and may be subject, in line with the specific case, to a separate offer.
4.1. Standard Services
«Radio station» Service
This is a tool available in SAAS mode allowing the Client to create their Online radio station thanks to online administration.
Subject to the choice made by the Client, RADIOKING hereby reserves the right of publishing, on the Websites, the radio station administered by the Client integrated into the classification of radio stations undertaken by RADIOKING, in line with its own algorithm and for which it reserves the freedom to amend at any time.
This is a service which allows the Client to promote their radio station on a radio station website which can be administered online.
A payable extra that may be selected by the Client, this Offer may be subscribed by the Client as an own brand.
«Mobile App Radio» Service
This is a Service which allows the Client to create a mobile application for their radio station thanks to online administration.
The Client must create at least one personal developer account with Google and/or Apple in order to publish their mobile application. The Client is informed that the subscription to these accounts with Google and/or Apple may be subject to payment.
Upon provision by the Client of the required information via the form sent by RADIOKING, the latter shall provide the Client with all data necessary for the publication of the application within one (1) to seven (7) days, this time frame being strictly indicative. Once the application has been finalised, the Client may publish is directly with Apple and/or Google, via their own developer accounts.
The Client is expressly informed and accepts the generally required deadline (7-14 days as an indication) for the corresponding publication, without being entitled to request or claim from RADIOKING any reimbursement whatsoever for the period during which the application is published, this period depending solely on Google or Apple. The Client hereby recognises and accepts that the publicity nature of the content may be temporarily displayed on the app whilst awaiting the publication thereof.
The Client has the option to amend, at any time and free of charge, the Content of its application via its Personal Account, with the exception of publication information which may not be amended after its effective publication. This namely refers to the the application icon, name, description, key words and the loading page. In the scenario whereby the Client wants to amend its information, it shall be required to re-publish its application on its own developer accounts.
As a payable option which may be selected by the Client, this Offer may be subscribed to by the Client as an own brand. RADIOKING may also handle the publishing of the application on behalf of the client, as a payable option.
«Connected speaker» Service
This is a Service which allows the Client to create a vocal application for their radio station thanks to online administration.
Once finalised, the said application is proposed by RADIOKING for listening via the Alexa connected speaker from Amazon and/or the Google Assistant connected speaker. Only one single radio station per Client may be published on Alexa from Amazon. The publication is carried out on RADIOKING’s Amazon and Google developer accounts.
The publication of the vocal application is subject to the Client’s compliance with the obligations on the payment of any copyrights associated with the Content of the radio station, as required by Amazon and Google. RADIOKING may not be held liable for a failure or suspension of publication in the event of the non-communication of the declarative documents required by Google and/or Amazon, or for false or incomplete declarations.
The Client is expressly informed and accepts the generally required deadline (7 to 14 days as an indication) for the corresponding publication, without being entitled to request or claim from RADIOKING any reimbursement or compensation whatsoever for the period during which the application is published, this period depending solely on Google and/or Amazon.
The Client is informed that any amendment to its vocal application requires complete re-publishing with Google and/or Amazon. This Service is accessible via a payable option.
«Radio Player» Service
This is a service enabling the radio station to be shared via a radio player hosted by RADIOKING which may be integrated (via an iFrame) into social media pages and other third-party websites.
4.2. Bespoke services
RADIOKING also offers the Client, following a quote, the performance of bespoke services subject to special contractual terms and conditions which will be sent to the Client by SAS RADIOKING at the same time as the aforementioned quote.
The Client is committed upon it signing of the quote sent by RADIOKING.
Each order for which an estimate is issued should clearly outline the services concerned, their price and deadline for performance.
Article 5 – Technical support
RADIOKING offers its clients technical support, which is accessible online and intended to provide the Client with all necessary assistance for the use of the Services.
RADIOKING shall use all best efforts in order to ensure a high-quality service, without however making any commitments in terms of results or deadlines, in relation to the responses provided by the Client by said technical support.
Article 6 – Subscription process and deadlines
6.1 – Subscription
For any Subscription taken out on the Websites, the Client must create a Personal Account, including their username (email address) and a password.
The Client must then follow the following steps:
- Select a monthly or annual subscription in the applicable currency (euro, pound sterling or US dollar);
- Consult the description of the service offers and select their Subscription;
- Enter their payment details;
- Confirm the offer selected.
The Client is committed as soon as they confirm their basket and pay all corresponding amounts (aside from payment by cheque or secure bank transfer).
A confirmation of the subscription will be sent to the Client by email immediately after the basket is validated.
All data provided and the confirmation registered stands as proof of the transaction. RADIOKING shall proceed with the archiving of orders and order confirmations on a reliable and durable format, constituting a reliable copy, in compliance with Article 1379 of the French Civil Code.
6.2 Delivery lead times
The terms and conditions for accessing the Services subscribed to by the Client, are described in detail in the description attached to offers concerned, as proposed on the Websites.
Article 7 – Financial conditions
7.1 – Pricing
The pricing of the Subscriptions is as indicated on the Websites.
The price of the Subscriptions is expressed, based on the Client’s selection, in euros, pounds sterling, or US dollars, including taxes, in line with the applicable VAT rate on the date of placement of the order. Any change in rate shall be immediately reflected in the price of the said Subscriptions.
Payment for the initial Subscription term is due on the day of the order being placed, then shall be due on each Subscription renewal date for the upcoming term of renewal, payable in due course. An invoice corresponding to the next payment due date shall be issued by RADIOKING seven (7) days prior to the due date and sent to the Client by email.
The Client shall receive, by email, a VAT receipt for each payment made.
7.2 Payment methods
The payment methods proposed are as follows:
a/ Solely for subscriptions with a term of at least twelve (12) months
– Cheque (made payable to the indication on the estimate or invoice),
– Bank transfer (bank details indicated on the estimate or invoice)
Access to the Services is activated immediately following receipt of the corresponding payment by RADIOKING.
b/ For any other type of subscription
– Bank card (secure online payment)
Payment is made automatically on each due date, insofar as the contract is active.
RADIOKING uses the services of Systempay as a payment service provider. For any information on the Systempay payment system, you can refer to this service provider’s website at the following address: https://systempay.fr/. The bank transfer is secure and under no circumstances does RADIOKING store any of the Client’s bank details without their authorisation.
The Client’s attention is drawn to the fact that Paypal automatically debits the total for the offer subscribed and that it is consequently required, when intending to terminate the offer subscribed, to also ensure that the Paypal subscription is ended. Failing this, debits will continue to be taken in line with the terms and conditions set forth herein, without any prejudice being claimed by the Client or any liability being sought from RADIOKING. For any information on the Paypal payment system, you can refer to this service provider’s website at the following address: https://www.paypal.com/.
Access to the Services is activated immediately following reception of the payment by RADIOKING for the amount due.
RADIOKING reserves the right to refuse approval of any subscription request made by a Client who has failed to may total payment for any previous subscription or with whom there is an ongoing payment dispute.
RADIOKING reserves the right to request proof of ID and address, in the event of any suspected fraud, or to refuse the subscription if any information provided at the time of order have already been used for one or more fraudulent subscriptions.
The additional services which may be requested by the Client shall be invoiced based on RADIOKING’s hourly rate, which can be found on the Websites.
7.3 Unpaid invoices and late payment penalties
In the event of failure to comply with the payment conditions set out above, RADIOKING reserves the right to:
– Suspend the fulfilment of its obligations, including the Client’s access to the Services, until payment in full for the outstanding sums has been received;
– Request cash payment prior to the confirmation of order for any future Subscription.
Moreover, any sums which have reached their due date and remain unpaid by a «professional» Client under the terms of the French Consumer Code shall induce, for the total of the sum outstanding:
- A fixed-sum compensation payment, acting as a recovery fee, of forty (40) euros, without prejudice to the right of RADIOKING to claim further compensation should the recovery fees to which it has been exposed exceed the total of the fixed-sum compensation;
- Late interest payments, calculated at three times the legal interest rate, until the full payment of the sum owed has been made by the Client.
7.4 Revision of service pricing
RADIOKING reserves the right to amend the pricing of its Subscriptions at any time, subject to compliance with the following stipulations:
The price of the Subscription, as initially taken out by the Client, shall remain applicable until the next renewal date for the Subscription. Any amendments made to pricing shall only be applicable as of this date.
RADIOKING shall inform the Client of the amendment of its pricing sufficiently in advance to allow the Client to terminate the Subscription under the conditions cited in Article 3 hereof, should they not accept the new pricing.
Article 8 – Termination – Cancellation
The Client has the option to seek the cancellation of their ongoing agreement under the conditions cited in Article 3 hereof.
This request may be supported via the online support proposed by RADIOKING on the Websites.
The termination does not produce any effects until the next renewal date for the Subscription taken out, depending on the date on which RADIOKING receives the termination request.
8.2 Right to cancellation
Any Client, considered as the «consumer» under the terms of the French Consumer Code, placing orders on the Websites benefits from a right to cancellation.
The Client has a cancellation period of fourteen (14) days, which is counted from the day following their subscription, without having to justify their decision nor bear any penalties.
This request must be submitted by registered letter with confirmation of receipt, sent to RADIOKING via the cancellation form provided in the Annex of these terms and conditions, or any letter drafted in clear, precise terms.
In the event of the application of the right to cancellation, RADIOKING shall reimburse the Client for the total of the sums they have so far paid, without delay or justification, within a maximum of fourteen (14) days counted from the date on which it has been informed of the Client’s decision to cancel.
The reimbursement shall be made by the same payment method used by the Client for the initial transaction, unless express agreement has been granted by the Client for RADIOKING to use another payment method, and insofar as this reimbursement does not cause any charges for the Client.
The application of the right to cancellation ends RADIOKING’s obligation to provide the Services.
«Professional» Clients, under the terms of the French Consumer Code, for whom the Subscription does not fall within their main field of business and who have a number of employees lower than five (5) also benefit from the right to cancellation under the aforementioned conditions.
Art- 9 Third-party services
The Websites may host links to other third-party websites to enable the Client, in particular, to benefit from and use third-party services. The use of a third-party service may be subject to additional general terms and conditions issued by the supplier of these third-party services (namely Google, Amazon, and/or Apple). RADIOKING shall in no way be liable or obliged in relation to the content of a third-party website or the use of a third-party service, or for any transaction or agreement concluded by the Client with a third-party service supplier. RADIOKING recommends that the Client consults the general terms and conditions and confidentiality policy of the third-party service provider prior to using the concerned third-party service.
In a special case, RADIOKING may not be held liable for a refusal or ceasing of publication of any of the Client’s applications by a third-party service, non-directly and exclusively imputable to a failure on its part.
RADIOKING may also not be held liable for any malfunction of the Services which have originated from the use of third-party services, particularly the use of external API (such as LastFM, Facebook, Twitter, etc.).
Art- 10 Obligations of the Parties
10.1 Obligations of the Client
- OBLIGATION OF PAYMENT
The Client hereby undertakes to make payment, within the terms and conditions of sale, of all amounts corresponding to the Offers subscribed.
- PLATFORM COMPATIBILITY VERIFICATION
The Client confirms that they have read, prior to acceptance of these presents, the technical characteristics and security measures of the Platform.
The Client shall demonstrate all due diligence to ensure that they have all of the equipment (hardware and software) required for use of the Platform via the internet network. They must regularly their update hardware and internet connection, required for due and proper operation of the Platform.
RADIOKING may not be held liable for any incompatibility of the Services with any of the Client’s equipment (hardware and software) which results, in particular, from an incompatibility with the Client’s terminal version.
RADIOKING may not be held liable for the availability of the Services with any new equipment (hardware and software) for which the Platform is not updated.
- ACCESS CODES
It is specified that the access to the Client’s Personal Account has been secured in order to permanently protect from being accessed by unauthorised third parties, all of the Client’s data which may need to be distributed through systems as part of the use of the Platform.
The Client is informed that the Access Codes enabling access to an Account are personal and confidential, and that they may not be communicated to third parties.
The use and preservation of the Access Codes are the sole liability of the Client, who shall exclusively bear the consequences which may result from their use by third parties which have been made aware of them. RADIOKING may not be held liable for any loss or damage resulting from a failure by the Client to comply with these requirements.
In the event of the loss or theft of their login details, the Client undertakes to have the User change the password, or to request new login details via the procedure established by RADIOKING, enabling them to recover their Access Codes as soon as possible.
- INFORMATION PROVIDED
The Client undertakes to provide RADIOKING, where applicable, with all documents, information and other elements so as to allow it to provide the Services subscribed.
- USE OF THE PLATFORM AND BROADCASTED CONTENT
The Client undertakes to only use the Platform for the purposes indicated in these General Terms and Conditions and in strict compliance with technical and security standards.
The Client is liable for the use of the Platform. Consequently, any processing, transfer, broadcasting or representation of information or data via the Platform by the Client, is undertaken under their sole and exclusive liability and in strict compliance with legislative and regulatory provisions pertaining to use of online services.
The Client is solely liable for the Content that they publish and/or with which they interact through the Platform. They are prohibited from broadcasting Content (text, images, audio, etc.) likely to infringe the rights and interests of third parties, contrary to the applicable laws and regulations or infringing public order and good moral standards. The Client is particularly prohibited from broadcasting Content which is:
- Harmful, menacing, provocative, insulting, incomprehensible, obscene, indecent, pornographic or causing infringement of third-party rights;
- Infringing free and healthy competition;
- Able to be analysed as a violation of direct or indirect competitors, or of any other third-party legal entity;
- Able to be interpreted as denigrating, parasitic or unfair competition;
- Racist or discriminatory, and particularly regarding racial origin, ethnicity or nationality, gender, physical characteristics, political opinions, religious r philosophical beliefs, union membership, health conditions or sexuality.
In the same sense, the Client undertakes not to send any Content including any computer virus or any other code, file or programme designed to interrupt, destroy or limit the operation of any software, computer or telecommunication tool, without this being limited.
Concerning the «Website» Service, the Client should seek information itself about rights of use concerning images which it provides and the due and proper operation and listing of the website. Under no circumstances, aside from any additional quote for this service, must RADIOKING offer guidance or advice regarding the visual aspects of the website provided by the Client. RADIOKING may not be held liable for modifications made by the Client to the website once delivered. nor for any complications or malfunctions caused by the internet network, the server or incorrect listing.
The Client is liable for any Content contravening any of these provisions, and acknowledges the possibility for RADIOKING to remove any Content which does not comply with these rules.
The Client is prohibited from developing, marketing, sub-letting or providing to unauthorised third parties the Platform or any product or service which may constitute competition for it.
Any breach, attributable to a Client, of any one of the provisions of these General Terms and Conditions shall justify the suspension or, if applicable, the deletion of their Personal Account, without prior notice and without any right to any form of compensation.
- BACK-UPS, SECURITY AND CONFIDENTIALITY OF THEIR DATA
Generally, RADIOKING undertakes to implement all technical measures, compliant with the state of the art, so as to maintain the integrity, security and confidentiality of access to the Platform.
Nevertheless, the Client alone remains liable for ensuring the comprehensive and regular back-ups of their data. They shall undertake to back up their data, and to ensure the security and confidentiality of the said data.
10.2 Obligations of RADIOKING
RADIOKING undertakes to take all reasonable and necessary measures to guarantee that the Platform be accessible online 365 days a year, 24/7, excluding any event of force majeure, technical difficulties and/or IT difficulties and/or telecommunication difficulties and/or maintenance periods (and notably updates).
RADIOKING may not be held liable for any unavailability of the Platform relating to the internet connection of the Client, their hardware or maintenance operations required for the due and proper operation of the Platform.
RADIOKING reserves the right to interrupt, instantly and without prior notice, access to the Services:
- In order to undertake a technical intervention or for maintenance.
Insofar as possible, RADIOKING will previously notify the Client.
- If RADIOKING receives any notice sent by a competent, administrative, arbitrary or legal authority, pursuant to applicable legislation, or by any third party pursuant to the law on Confidence in the Digital Economy of 21 June 2004.
- In the event of use of the Platform contrary which contravenes these General Terms and Conditions.
- DEVELOPMENT OF FEATURES
RADIOKING reserves the right to proceed with amendments to the presentation, functioning or features of the Services at any time, in order to improve the usage quality of the Services for the Client.
RADIOKING does not guarantee that the features of the Services may be adequate for any particular use envisaged by the Client, who must first verify the appropriateness of features in line with their requirements.
RADIOKING shall be responsible for hosting the Services, under the conditions for security and access to premises and in line with the state of the art.
Under all circumstances, RADIOKING remains free to organise its own infrastructure and, notably, to migrate Clients’ Services to other servers at its own discretion, subject to such migration not causing any disproportionate alterations to the quality of the Services.
RADIOKING is responsible for any corrective or development maintenance for the Services, so as to ensure its sustainability and availability within the context of an obligation of means.
The Client automatically benefits from any version update issued by RADIOKING for the Services they use.
Article 11 – Liability
11.1 General provisions
RADIOKING shall provide the Services in compliance with the rules of the Trade, conforming with an obligation of means.
RADIOKING is only liable for damages resulting from intentional fault or serious negligence committed by RADIOKING, or if any fundamental contractual obligation incumbent to it has not been respected.
A fundamental obligation is any obligation of particular importance for performance or proper operation of the service.
RADIOKING may not be held liable for any unauthorised or abusive use made by any third party or loss, destruction or alteration of data and Content of the Client, in all instances whereby it has not been demonstrated that these facts result from any serious failure by RADIOKING in its obligation to secure its own infrastructure.
The Parties expressly agree that RADIOKING may not also be held liable for interruptions to the Services or any damages related to:
- A decision made by the authorities or any case of force majeure, as defined by Article 1218 of the French Civil Code and French case law;
- An interruption to the supply of electricity or transmission lines due to public or private operators;
- Any abnormal or fraudulent use by the Client or third parties requiring the stoppage of the Services for security reasons;
- Any intrusion or fraudulent maintenance of a third party in the system or illegal extraction of data, despite implementation of security means which comply with current technical data, with RADIOKING only accepting an obligation of means with regard to known security techniques;
- The nature and content of information and data which has been created, transferred and/or provided by the Client. More widely, RADIOKING may under no circumstances be held liable for data, information, results or analysis coming from any third parties, sent or received via use of the Services and which damage the rights of third parties or infringe applicable legislation in any manner whatsoever;
- Any loss or delay in the provision of information and data, whereby RADIOKING is not responsible for such loss or delay;
- Any functioning of the internet, telephone networks or internet access cables which are not implemented by RADIOKING;
- Any failure in the hosting servers.
RADIOKING may not be held liable for any damages of any nature, direct or indirect, resulting from the Content published by the Client, or from the use of the Services by the Client.
The Client is solely liable for damages of any nature, whether material or immaterial, direct or indirect, caused to any third party, including RADIOKING, as a result of the illegal use or operation of the Services, regardless of the cause and place of occurrence of this damage.
The Client guarantees RADIOKING against any consequences, claims or legal action which might concern RADIOKING as a result.
The Client waives their entitlement to seek redress against RADIOKING within the context of legal action taken by third parties against it due to the illegal use or operation of the Services.
RADIOKING’s role is limited to that of a hosting service, under the terms of Article 6 of the law on Confidence in the Digital Economy of 21 June 2004. Consequently, RADIOKING is not subject to a rudimentary obligation to control the quality, veracity, certainty or legality of the Content.
However, pursuant to the law on Confidence in the Digital Economy of 21 June 2004, when it is notified or informed of any Content which is clearly illegal that is broadcast by the Client, RADIOKING shall remove this immediately, without the Client being able to request or claim any compensation whatsoever.
In the event of the repetition of any such notification, RADIOKING hereby reserves the right to suspend access, by the Client, to its Services, without any possible compensation of the Client.
11.2 Provisions specific to Professional Clients
For «Professional» Clients, under the terms of the French Consumer Code, RADIOKING may not be held liable for any indirect damages or loss, loss of profit or savings anticipated, loss of income, loss of clients, loss of data or files, reputation damage for the Client’s brand, or damages which do not directly and exclusively result from a failure of the Services, nor for any recourse sought by third parties.
Under any circumstances, the Parties agree that the total amount of the sums which may be charged to RADIOKING, should it be held liable for any reason whatsoever, will be limited to the amounts which were actually paid by the Professional Client to RADIOKING during the term of these General Terms and Conditions of Sale.
Article 12 – Guarantee of compliance
For «Consumer» Clients, under the terms of the French Consumer Code, RADIOKING shall answer for any non-compliances of the Services which arise during the term of the Subscription, in compliance with Articles L.224-25-12 et seq of the French Consumer Code.
The Consumer Client benefits from a period of two (2) years to act, counted from the identification of the non-compliance. In the event of a non-compliance, the Consumer Client has the right to request that the Service in question is made compliant, or to request a pricing discount or the termination of the agreement.
RADIOKING may refuse to make the Service compliant if this proves to be impossible or if it incurs disproportionate costs, particularly in regard to the significance of the non-compliance and the value of the Service without non-compliances.
Furthermore, the Consumer Client has the right to suspend the payment in whole or in part of the price or the discount of the advantage provided for in this agreement until RADIOKING has satisfied its obligations incumbent to it by virtue of this article, under the conditions of Articles 1219 and 1120 of the French Civil Code.
Article 13 – Intellectual Property
13.1 For RADIOKING
Any brands, photographs, texts, comments, illustrations, animated or still images, video sequences, audio, and any computer applications, including underlying technology, which may be used to operate the Service and, more generally, any elements reproduced or used on the Websites are protected by the applicable laws pertaining to intellectual property, and are the exclusive property of RADIOKING, or are subject to a licence held by RADIOKING.
RADIOKING grants to the Client, at the time of subscription to its offers, subject to full payment by the Client of amounts due, a personal and non exclusive licence over software programmes developed by RADIOKING and accessible in SAAS mode for a term related to that of the contract between RADIOKING and the Client.
The Client’s attention is particularly drawn to the fact that the broadcasting rights of Content (copyright and similar rights in particular) are not included within the offers proposed by RADIOKING.
It is, consequently, incumbent upon the Client to personally obtain said rights and authorisations.
The intellectual property rights protecting the «Radio Station Website» which fall within the «Radio Station Website» offer, in the same manner, are governed by a personal and non-exclusive licence granted, subject to full payment by the Client of amounts due to RADIOKING, for the entire term of the agreement and around the whole world.
Any delay or failure in the payment of any amounts due within the context of the «Radio Station Website» offer leads to the entitlement of RADIOKING to resume the free exploitation of intellectual property rights attached to the Client «Radio Station Website».
Within the limits of the aforementioned licences, the Client undertakes not to infringe RADIOKING’s intellectual property rights and, as such, shall restrain from reproducing, representing, translating, modifying or broadcasting, even partially, any element protected by intellectual property rights, failing having had prior express permission.
Any reproduction of an element of the Platform by the Client, without authorisation from RADIOKING, constitutes an act of counterfeit, likely to be subject to penal and civil proceedings.
13.2 For the Client
The Client guarantees to hold all rights and authorisations required for publication of Content broadcast via the Services, as well as their storage and/or reproduction by RADIOKING within its capacity as technical service provider.
In such instances as, in contradiction with this guarantee, the Client does not hold these rights or authorisations, it undertakes to guarantee and hold harmless RADIOKING against any legal action initiated by third parties and based on any infringement of rights and to protect RADIOKING against any sentence which may be ruled against it.
The Client is free to publish, or not, such Content and accepts that this Content shall be public and freely accessible, particularly on the internet.
The Client is obliged to indicate the copyright/credit information in the appropriate position, depending on the use, and to ensure that the said information is correct and accurate.
By accepting these General Terms and Conditions, the Client concedes, free of charge and non-exclusively, to RADIOKING, around the world and for the whole term of the agreement, the right to reproduce, represent, archive, charge, fulfil, send, store and, if applicable, amend the technical file of the Content, without infringing its integrity, in order to ensure that it is published online, accessible and legible insofar as possible.
The Client acknowledges that the aforementioned licence covers the third-party operator of any other website, application and/or platform on which it has chosen to share, distribute or integrate its Content.
Article 14 – Advertising
RADIOKING hereby reserves the right to indicate the name of the Client in its commercial references and to indicate/broadcast its creations for the Client on all types of media, supports, for all commercial and publicity purposes, without any limitation in term and without RADIOKING having to request prior consent of the Client.
Art 15 – Force Majeure
No Party shall be considered in breach of this Contract if the performance of its obligations, in whole or in part, is delayed or prevented as a result of an event of force majeure event as defined by article 1218 of the French Civil Code and by French case law.
In a force majeure event occurs, the Party affected by it shall promptly inform the other Party of its duration and foreseeable consequences, and shall use its best endeavours to limit its scope.
If such conditions continue for more than fifteen (15 days), the Parties undertake to enter into discussions with a view to amending the terms of their mutual undertakings.
If no undertaking is possible, these undertakings may be eliminated by one of other of the Parties without damages and interest, by simple written notification by registered letter with acknowledgement of receipt.
Article 16 – Confidentiality
Each Party hereby undertakes to consider as confidential, and not to reproduce or disclose, other than for the sole and exclusive purpose of the Agreement, any information issued by the other Party for the implementation and during the fulfilment of the Agreement and which, due to its technical, commercial or financial content, should be kept confidential, as it includes elements which have not been disclosed publicly and/or are purely personal to the Party concerned.
This obligation of confidentiality is not applicable to information for which the Party may show that it was known by its departments in any other manner than within in the context of the fulfilment of this agreement, or which was already fallen into the public domain.
This duty of confidentiality will not be applicable in the case whereby a Party is under the obligation to provide information pursuant to legal provisions, decrees by a public body or legal decisions issued.
The obligations of the Parties regarding confidential information will remain applicable throughout the term of the Agreement and for as long, after its expiry, as the information concerned remains confidential for the disclosing Party and, under all circumstances, for a period of two (2) years following the end of the Agreement.
Article 17 – Partial Invalidity
The invalidity or inapplicability of any provision herein may not cause the other provisions to become null, such other provisions continuing in full force and effect.
Article 18 – Law and applicable jurisdiction
These General Terms and Conditions are governed by French law.
The language of these General Terms and Conditions is French. Hence, in the case whereby they are translated into other, foreign languages, only the French version shall stand valid.
For the case whereby a dispute arises between the parties as a result of the implementation or interpretation of these General Terms and Conditions, the parties agree to, prior to any legal action being taken, any claim will be subject to a prior formal request, sent by registered letter with confirmation of receipt.
If, upon expiry of a thirty-day (30) period, counted from the sending of this letter, the Parties have not come to an agreement on a compromise or solution, the dispute may be pursued in line with the conditions set out below.
Moreover, pursuant to the provisions of Articles L 612-1 et seq of the French Consumer Code, a Client who has the capacity of a consumer, as defined by the French Consumer Code, will be entitled to use, free of charge (aside from any potential lawyer or expert appraisal costs) a consumer mediator, in the aim of seeking an amicable solution for the dispute with RADIOKING.
Moreover, a Client with the capacity of a consumer is entitled to use the European Online Dispute Resolution (ODR) platform, which can be accessed via the following address: http://ec.europa.eu/consumers/odr/.
It is hereby specified that the mediation request put forward by the Client will only be admissible if:
- The Client has first attempted to resolve the dispute directly with RADIOKING by a written claim, in line with the following terms and conditions:
- The Client’s request is clearly not unfounded or abusive;
- The Client’s request has been made within a period of less than one year from the written claim lodged with RADIOKING;
- The dispute has not previously been examined by another mediator or court.
For «professional» Clients, under the terms of the French Consumer Code, the Parties agree to file any litigation with the exclusive competence of the jurisdiction of the courts of Lille.
ANNEX: CANCELLATION FORM
For the attention of SAS RADIOKING, registered to the Lille Métropole TCR under No. 879 277 127,
with head offices located at 78 rue de la gare, 59170 CROIX, France,
I hereby inform you of my cancellation of the order relating to the following subscription/offer:
Client signature and position (only in case of notification of this form in paper):