Clear Terms. Transparent Policies.

These Terms apply to Services supplied by NuCast to Consumers and Business Customers except where a provision expressly applies only to one category.

Additional Service-specific terms may apply where they are clearly identified before purchase.

Definitions

Account means the account through which a Customer accesses or manages Services.

Business Customer means a Customer acting wholly or mainly for purposes relating to its trade, business, craft or profession.

Consumer means an individual acting wholly or mainly outside their trade, business, craft or profession.

Content means information, audio, video, websites, files, databases, software, metadata and other material stored, transmitted, streamed or otherwise processed using a Service.

Customer, you or your means the person or organisation entering into the contract with NuCast.

Service means a product or service supplied by NuCast.

Displaying a Service on our Website does not itself constitute a binding offer by NuCast. By submitting an order, you offer to purchase the selected Service subject to these Terms.

A contract is formed when NuCast accepts the order or begins providing the Service, whichever occurs first.

Unless expressly stated otherwise, NuCast hosting, streaming and automatically provisioned Services are instant-activation Services.

Services are normally provisioned automatically immediately or shortly after successful order submission, payment and any required fraud, security or Account verification.

NuCast does not ordinarily delay activation until expiry of a Consumer cancellation period.

Where the Customer is a Consumer and a statutory cancellation period applies, submitting an order for an instant-activation Service constitutes the Consumer's express request for NuCast to begin supplying the Service immediately, including where supply begins during that statutory cancellation period.

You must provide materially accurate information when registering and keep relevant Account information reasonably current.

You are responsible for maintaining the confidentiality of your Account credentials and must take reasonable measures to prevent unauthorised use.

Where an Account is used by employees, contractors, customers or other authorised users, the Customer remains responsible for their use to the extent reasonably within the Customer's control.

We will provide the Service substantially as described when purchased. Unless an applicable Service Level Agreement expressly provides otherwise, we do not guarantee uninterrupted or error-free operation.

Services may occasionally be unavailable because of maintenance, upgrades, infrastructure failure, network incidents, security incidents, supplier failures or circumstances outside our reasonable control.

We may make reasonable technical changes required to maintain security, compatibility, performance or functionality.

Services may incorporate or depend upon third-party technology, infrastructure or software including technologies such as MediaCP, Centova Cast, Everest Panel, SHOUTcast, Icecast and other third-party systems.

Third-party products may be subject to their own terms and technical limitations.

Nothing in this section excludes NuCast's responsibility for obligations that applicable law or our contract places upon NuCast.

Prices payable are those presented when the Customer places the order, subject to correction of obvious errors.

Recurring Services renew according to the billing cycle selected when purchased unless expressly stated otherwise.

Where the Customer authorises recurring payment, NuCast or its payment provider may automatically attempt to collect renewal charges using the authorised payment method.

Payment may be attempted shortly before the renewal due date, including approximately one day before that date.

Disabling or removing a payment method does not itself cancel a Service. A Service must be cancelled using an available cancellation method.

We may change renewal prices for legitimate commercial reasons. Where required, reasonable advance notice and any legally required right to cancel will be provided.

Customers are responsible for ensuring amounts properly due are paid.

Unless otherwise stated for a particular Service, an unpaid Service may be suspended after it has remained overdue for 5 days.

If payment remains outstanding, the Service may be terminated after it has remained overdue for 19 days.

Termination may result in permanent deletion of Content. Customers are responsible for maintaining independent backups of important Content.

Nothing in these Terms excludes or restricts statutory Consumer rights.

Where the statutory cancellation right applies to a distance service contract, a Consumer generally has until the end of 14 days after the day on which the contract is entered into to cancel without giving a reason.

NuCast hosting, streaming and other automatically provisioned Services are normally instant-activation Services and may be provisioned immediately.

By ordering an instant-activation Service, the Consumer expressly requests that NuCast begins supplying that Service immediately, including where supply begins during the statutory cancellation period.

Where a Consumer exercises an applicable statutory cancellation right after supply has begun, NuCast may require payment for the proportion of the Service supplied up to the time cancellation is communicated, where permitted by law and provided applicable statutory requirements have been satisfied.

An ongoing hosting or streaming subscription will not be treated as fully performed merely because the Account or server has been provisioned.

Nothing in these Terms restricts a statutory entitlement to a refund, price reduction, repeat performance or other remedy.

Where a Consumer validly exercises a statutory cancellation right, NuCast will refund amounts due within the period required by law.

After an applicable statutory cancellation period has expired, voluntary cancellation of a prepaid Service does not ordinarily entitle the Customer to a refund of the unused portion of the billing period unless the Service expressly provides otherwise, NuCast agrees otherwise, NuCast has materially breached the contract, or applicable law requires otherwise.

Where offered, the duration of a free trial will be stated when the trial is activated. Trial Services may contain limitations.

Unless clearly disclosed otherwise, a free trial will not automatically become chargeable without the Customer taking or authorising the necessary purchase step.

A Trial Account that is not upgraded may be terminated after the trial expires and associated Content may subsequently be permanently deleted.

Customers may request cancellation through the cancellation facilities provided through My NuWeb or another cancellation method made available by NuCast.

Unless a statutory cancellation right, refund entitlement or Service-specific provision applies, cancellation will normally take effect at the end of the current paid billing period.

We may suspend all or part of a Service where reasonably necessary because of overdue payment, a material or repeated contractual breach, unlawful activity, fraud, security risk, network abuse, AUP or FUP breach, intellectual-property infringement, lawful authority direction, serious staff abuse, materially false Account information or an infrastructure emergency.

Where reasonably practicable, we will provide notice and an opportunity to remedy a remediable breach.

Immediate suspension may occur where delay would create a material legal, security, fraud, safety or infrastructure risk.

We may terminate a Service for a material or repeated breach where termination is proportionate. Serious breaches may justify immediate termination.

NuCast provides technical broadcasting and hosting infrastructure. Unless expressly included, NuCast does not provide copyright, music, performance or broadcasting licences.

Customers are responsible for obtaining permissions and licences required for Content they broadcast or distribute.

Customers retain ownership of their Content and grant NuCast a limited licence to host, copy, transmit, process, back up and otherwise technically handle Content as reasonably necessary to provide and secure the Service.

Services advertised as unlimited or unmetered do not have an ordinary fixed usage allowance for the stated resource unless expressly specified.

Such Services remain subject to reasonable technical limitations and the NuCast Fair Usage Policy.

We will not use the FUP merely to impose an undisclosed ordinary bandwidth cap on a Service marketed as Unlimited.

Resellers are responsible for their own relationship with downstream customers, including customer contracts, billing, taxation, privacy obligations and first-line support.

Resellers must take reasonable steps to ensure downstream use complies with applicable NuCast policies.

WHMCS modules, control panels and other integrations may require separate third-party licences unless expressly included.

Customers are encouraged to contact NuCast before initiating a payment dispute so we have an opportunity to resolve the issue.

Nothing prevents a Consumer from exercising lawful rights through a bank, card issuer or payment provider.

If a payment is reversed, the corresponding invoice may become unpaid.

Where permitted by law, a Customer responsible for an improper or fraudulent payment dispute may be required to reimburse reasonable losses or costs actually incurred by NuCast as a direct result.

NuCast does not impose an automatic fixed £100 charge merely because a payment dispute has been raised.

Customers must not threaten, harass or seriously abuse NuCast staff. Making a legitimate complaint, exercising a statutory right or reasonably criticising a Service will not itself constitute abuse.

Unless a Service expressly includes a guaranteed backup facility, customers remain responsible for maintaining independent backups.

Personal data is handled in accordance with applicable data-protection law and the NuCast Privacy Notice.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or statutory Consumer rights which cannot lawfully be excluded.

For Business Customers and subject to liability that cannot lawfully be excluded, NuCast will not ordinarily be liable for indirect or consequential loss, loss of profits, revenue, anticipated savings, goodwill, business opportunity or business interruption.

Unless Service-specific terms provide otherwise, NuCast's aggregate contractual liability to a Business Customer arising from the affected Service will ordinarily be limited to fees paid or payable for that Service during the 12 months preceding the event giving rise to the claim.

We may update these Terms for legitimate reasons including changes to law, Services, technology, security requirements, suppliers or reasonable business operations.

Changes will not retrospectively remove rights already accrued. Where a material change affects an existing Consumer contract, we will provide notice and any cancellation right required by law.

Customers may submit complaints through My NuWeb or our published customer-support channels. Complaining does not affect statutory rights.

Where you are a Consumer living in the United Kingdom, the law applicable to you will ordinarily be the law of the part of the United Kingdom in which you live, subject to applicable rules.

Contracts with Business Customers are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction except where expressly agreed otherwise.

NuCast provides shared hosting and broadcasting infrastructure to many customers. Shared resources must therefore be managed reasonably so that unusually heavy usage by one Customer does not materially degrade service for others.

Where a Service is advertised as Unlimited or Unmetered, there is no ordinary fixed usage allowance for the resource described as Unlimited unless expressly stated otherwise.

Unlimited does not mean that a Customer may consume an unlimited share of finite shared infrastructure in a manner that materially degrades service for others.

NuCast will not use this Policy merely to impose an undisclosed ordinary bandwidth allowance on a Service marketed as Unlimited.

Relevant shared resources may include:

• network bandwidth and transfer;
• listener or viewer connections;
• CPU utilisation;
• RAM and memory utilisation;
• disk capacity;
• disk I/O;
• database or process utilisation; and
• other finite technical resources required to operate the Service.

Indicators of potentially disproportionate sustained usage may include:

• approximately 20% or more of shared server CPU, memory or network resources;
• approximately 10% or more of shared server disk capacity;
• approximately 10TB or more of monthly data transfer where that usage materially affects the shared environment; or
• other sustained usage demonstrably causing material degradation to shared infrastructure.

These figures are operational indicators rather than automatic cut-off limits. Legitimate temporary spikes do not automatically constitute a breach.

Audience size alone does not automatically constitute excessive usage. A large radio station may operate normally without triggering Fair Usage intervention where its use remains compatible with the relevant shared infrastructure.

Where audience or resource requirements become unsuitable for a shared environment, NuCast may recommend a higher-capacity, VPS or dedicated solution.

Where reasonably practicable, NuCast will contact the Customer before applying restrictions and may recommend optimisation, migration or a more appropriate Service.

Where required to protect service stability, temporary technical limits may be applied proportionately.

Immediate restrictions may be applied where continued usage creates an urgent infrastructure, security or availability risk.

This Policy also applies to reseller Services and usage generated by downstream customers through the reseller's allocation.

NuCast will seek to address disproportionate usage at the most appropriate technical level where reasonably practicable.

The data controller is:

Atlantis NuWeb Limited
Company No. 11180762
18 Lowgate Crescent
Gedney Dyke
Spalding
Lincolnshire
PE12 0AP
United Kingdom

This Notice applies to personal information processed in connection with NuCast websites, customer Accounts, orders, support, communications and Services.

Depending upon your interaction with NuCast, we may process:

• name and contact details;
• postal and billing address;
• email address and telephone number;
• Account and authentication information;
• order, invoice and transaction information;
• payment-related identifiers supplied by payment providers;
• IP addresses and security logs;
• device, browser and website usage information;
• support tickets and correspondence;
• service configuration and technical diagnostic information;
• marketing preferences;
• fraud-prevention information; and
• other information you choose to provide to us.

We do not ordinarily need to receive full payment-card details because card processing may be performed by our payment provider.

We may obtain personal information directly from you when you create an Account, place an order, contact support, complete a form, communicate with us, subscribe to communications or use a Service.

We may also receive information automatically from our websites and systems, from payment and fraud-prevention providers, domain registries, authorised resellers and other suppliers involved in providing the Service.

We may process personal information to:

• create and administer customer Accounts;
• process and fulfil orders;
• provide hosting, streaming and other Services;
• invoice and collect payment;
• provide customer and technical support;
• communicate important service information;
• secure our websites, systems and infrastructure;
• detect and prevent fraud and abuse;
• diagnose faults and maintain Services;
• comply with legal and regulatory obligations;
• establish, exercise or defend legal claims;
• improve our websites and Services; and
• send marketing where permitted by law.

Contract

We process information where necessary to enter into or perform our contract with you, including providing Services, billing and support.

Legal obligation

We process information where necessary to comply with legal obligations, including accounting, taxation and valid legal requests.

Legitimate interests

We may rely upon legitimate interests where appropriate, including securing systems, preventing fraud, managing our business, improving Services and protecting our legal rights, provided those interests are not overridden by your rights and interests.

Consent

Where processing relies upon consent, including certain marketing or optional technologies, consent may be withdrawn at any time. Withdrawal does not affect processing already lawfully carried out.

Where necessary, personal information may be shared with categories of recipients including:

• payment processors;
• fraud-prevention and security providers;
• hosting, network and infrastructure suppliers;
• customer-support and communications platforms;
• email and marketing service providers;
• domain registries and registrars;
• software and control-panel providers where required;
• professional advisers;
• companies within the Atlantis NuWeb group where appropriate;
• regulators, courts and law-enforcement authorities where legally required; and
• a purchaser or successor in connection with a legitimate corporate transaction.

We do not sell personal information to third parties.

Payment information may be transmitted to payment processors for transaction processing, recurring payments and fraud prevention.

Information such as IP address, order details and account information may also be processed by fraud-prevention services where reasonably necessary to assess fraudulent or abusive orders.

Some suppliers may process personal information outside the United Kingdom.

Where UK data-protection law requires safeguards for an international transfer, we will use an applicable lawful transfer mechanism, such as UK adequacy regulations, an appropriate contractual safeguard or another mechanism permitted by law.

We retain personal information only for as long as reasonably necessary for the purpose for which it was collected, including to meet contractual, accounting, tax, security and legal requirements.

Financial and transaction records may be retained for periods required by applicable accounting and tax law.

Security logs, support records and technical information may be retained for different periods according to operational need, security requirements and legal obligations.

When information is no longer required, it will be deleted, anonymised or otherwise securely disposed of where appropriate.

We use appropriate technical and organisational measures designed to protect personal information against unauthorised access, loss, alteration, disclosure or destruction.

Measures may include encrypted connections, access controls, logging, network security, authentication controls, monitoring, backups and vulnerability management where appropriate.

No internet-connected system can be guaranteed completely secure, but we maintain safeguards appropriate to the nature of the information and associated risk.

Depending upon the circumstances and lawful basis for processing, UK data-protection law may give you rights including:

• access to your personal information;
• rectification of inaccurate information;
• erasure in applicable circumstances;
• restriction of processing;
• data portability where applicable;
• objection to certain processing; and
• withdrawal of consent where processing relies upon consent.

These rights are not absolute and may be subject to legal exceptions. We may need to verify your identity before acting on a request.

We may send marketing communications where permitted by applicable law.

Where consent is required, marketing will only be sent where the required consent has been obtained.

You may unsubscribe from marketing communications using an unsubscribe facility provided in the communication or through available Account preference controls.

Service, security, billing and other transactional communications are not marketing communications and may still be sent where necessary to administer a Service.

NuCast websites may use cookies and similar technologies for essential functionality, authentication, security, preferences, analytics and other purposes.

Further information is provided in the Cookie and Storage Technologies Policy below.

If you have concerns about our handling of personal information, please contact NuCast first so we have an opportunity to investigate.

You also have the right to complain to the Information Commissioner's Office where applicable.

Nothing in this section restricts your right to contact the regulator directly.

We may update this Privacy Notice to reflect changes to our Services, processing activities, suppliers or legal obligations.

The current version will be published on the NuCast website with its latest revision date.

This DPA applies where the Customer acts as a Controller and Atlantis NuWeb Limited trading as NuCast acts as a Processor in relation to personal data processed through the Services.

Where NuCast determines the purposes and means of processing personal information for its own purposes, NuCast acts as a Controller and that processing is governed by the NuCast Privacy Notice.

Terms including Controller, Processor, Data Subject, Personal Data, Personal Data Breach and Processing have the meanings given to them under applicable UK data-protection law.

Customer Personal Data means Personal Data processed by NuCast on behalf of the Customer through the relevant Service.

NuCast will process Customer Personal Data only on documented instructions from the Customer unless processing is required by applicable law.

The Customer's documented instructions include processing reasonably necessary to provide, maintain, secure and support the Services in accordance with the applicable agreement.

If NuCast reasonably believes an instruction infringes applicable data-protection law, NuCast may inform the Customer and suspend the affected processing where appropriate pending clarification.

The Customer is responsible for:

• ensuring it has a lawful basis for processing Customer Personal Data;
• providing required privacy information to Data Subjects;
• ensuring instructions to NuCast comply with applicable law;
• ensuring Personal Data supplied to the Service is appropriate and lawful;
• responding to Data Subject requests as Controller; and
• configuring and using the Service appropriately for its processing activities.

NuCast will ensure that persons authorised to process Customer Personal Data are subject to an appropriate duty of confidentiality.

Access will be limited to persons who reasonably require it for their role in providing, maintaining, securing or supporting the Service.

Taking into account the nature of the processing, available technology, implementation costs and risk, NuCast will maintain appropriate technical and organisational measures designed to protect Customer Personal Data.

Measures may include, where appropriate:

• access controls and authentication;
• encrypted network communications;
• firewalls and network security controls;
• security logging and monitoring;
• vulnerability management;
• backup and resilience measures;
• restricted administrative access;
• incident response procedures; and
• physical security provided by relevant data-centre operators.

The Customer authorises NuCast to engage sub-processors reasonably required to provide the Services.

NuCast will impose appropriate data-protection obligations on sub-processors to the extent required by applicable law.

NuCast remains responsible for its obligations under this DPA in relation to processing performed by its sub-processors to the extent required by law.

Where applicable, NuCast will make information about material sub-processors available to Customers and provide notice of material changes where required.

NuCast will not make a restricted transfer of Customer Personal Data contrary to applicable UK data-protection law.

Where a restricted transfer requires safeguards, NuCast will use an applicable lawful transfer mechanism such as UK adequacy regulations, the UK International Data Transfer Agreement, the UK Addendum to approved standard contractual clauses, or another lawful mechanism as appropriate.

Taking into account the nature of the processing and to the extent required by applicable law, NuCast will provide reasonable assistance to enable the Customer to respond to requests from Data Subjects exercising their data-protection rights.

Where NuCast receives a request relating primarily to Customer Personal Data for which the Customer is Controller, NuCast may refer the requester to the Customer unless law requires otherwise.

NuCast will notify the Customer without undue delay after becoming aware of a Personal Data Breach affecting Customer Personal Data where notification is required by applicable law.

Where reasonably available, NuCast will provide information necessary to assist the Customer in assessing the breach and meeting applicable notification obligations.

Notification of an incident does not constitute an admission of fault or liability.

Taking into account the nature of processing and information available to NuCast, we will provide reasonable assistance with data protection impact assessments and prior consultation with a supervisory authority where required in relation to processing performed by NuCast on the Customer's behalf.

Additional assistance outside ordinary Service support may be subject to reasonable charges where permitted by the applicable agreement.

Following termination of the relevant Service, NuCast will delete or return Customer Personal Data in accordance with the Service's normal deletion procedures and the Customer's instructions, unless applicable law requires retention.

Customer Personal Data may remain temporarily in backup systems until overwritten or deleted in accordance with normal backup retention cycles, provided it remains protected and is not used for another purpose.

NuCast will make available information reasonably necessary to demonstrate compliance with applicable Processor obligations.

Where legally required, NuCast will permit reasonable audits or inspections relating to processing under this DPA, subject to appropriate confidentiality, security, scope and scheduling requirements.

Where equivalent information can reasonably satisfy the Customer's audit requirement, NuCast may provide documentation, certifications, reports or written responses instead of an on-site inspection.

Subject matter

Provision of the hosting, streaming, reseller, application, cloud or related Service purchased by the Customer.

Duration

For the duration of the Service and any limited period during which Customer Personal Data remains in normal backups or is lawfully retained.

Nature and purpose

Hosting, storage, transmission, retrieval, organisation, technical management, backup, security and other processing reasonably required to provide the Service.

Categories of Data Subjects

May include the Customer's users, listeners, viewers, website visitors, employees, contractors, customers, subscribers or other persons whose Personal Data the Customer processes through the Service.

Types of Personal Data

Depend upon the Customer's use of the Service and may include names, contact details, IP addresses, identifiers, account information, website data, logs, metadata, communications and other Personal Data uploaded or generated through the Service.

Special category data

NuCast does not require the Customer to submit special category Personal Data unless the Service expressly supports such processing. The Customer remains responsible for determining whether the Service is appropriate for such information and for satisfying applicable legal requirements.

This DPA forms part of the agreement governing the relevant NuCast Service.

If this DPA conflicts with the main agreement regarding the protection of Customer Personal Data, this DPA will prevail to the extent of that conflict, subject to mandatory law.

This DPA is governed by the law applicable to the main agreement. Where the Customer is a Business Customer and the main agreement does not specify otherwise, the laws of England and Wales apply.