Allgemeine Geschäftsbedingungen
Article 1 - General information
These terms and conditions of sale govern the contractual relationship between RADIOKING and its Customer, both parties accepting them unreservedly.
SAS RADIOKING, registered with the RCS Lille Métropole under number 879 277 127,
Headquartered at 78 rue de la gare, 59170 CROIX, France (hereinafter “RADIOKING”), is in the business of creating, hosting and promoting Internet radio stations. They also develop mobile applications and customized website
These terms and conditions shall prevail over any other terms and conditions contained in any other document.
All subscriptions made by the Customer via the website www.radioking.com implies full acceptance of these terms and conditions.
SAS RADIOKING reserves the right to amend these terms and conditions at any time and without prior notice, it being understood that the applicable terms and conditions will be those in force at the date of subscription on the SAS RADIOKING Sites.
The Customer acknowledges having read the terms and conditions and accepts them unreservedly before validating any subscription on the said Internet Sites.
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
Article 3 – Subscription packages offered and welcome offers
Subscription packages can be taken out on a monthly or annual basis. The Subscription takes effect from the order date. Depending on the Customer’s subscription choice, the duration of the Subscription will 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 known as welcome offers, may be put in place at RADIOKING’s discretion for a given period, on an ad hoc and random basis. Customers subscribing to such a welcome offer benefit from a fixed period (specified on the Sites) of free access to the Services, on expiry of which access to the Services will cease, unless the Customer commits to a new offer. Some welcome offers may also consist of a reduction in the amount of the first instalment of the corresponding offer, for a specified period.
Article 4 – Description of the Services
Each Service offered by RADIOKING is described in detail on the website. 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.
“Website” Service
This is a service which allows the Client to promote their radio station on a radio station website which can be administered online.
At the customer’s option and subject to a charge, this service can be subscribed to by the customer on a white label basis.
“Radio Mobile App” Service
“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 finalized, RADIOKING will make the application available for listening on Amazon’s Alexa-connected speakers. Only one radio per customer can be published on Amazon Alexa. The publication is made on RADIOKING’s Amazon developer accounts
The publication of the voice application is subject to the Customer’s compliance with Amazon’s obligations to declare and pay royalties for the radio Content. RADIOKING cannot be held responsible for any failure or suspension of publication in the event of failure to provide the declaratory documents required by Amazon or in the event of 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 Amazon.
The Client is informed that any amendment to its vocal application requires complete re-publishing with 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. Customized services
RADIOKING also offers the Customer, by quote, customized services subject to special contractual conditions which will be communicated to the Customer by SAS RADIOKING at the same time as the aforementioned quote.
The Customer is bound by the contract as soon as he signs the quote sent by RADIOKING.
Each order for which a quote 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 Website, 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 selected offer.
The Client is committed as soon as they confirm their cart 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 cart 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 conditions of access to the Services subscribed to by the Customer are detailed in the description attached to the relevant offers 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
The pricing of the Subscriptions is as indicated on the Websites
– 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)
– PayPal
Payment is made automatically on each due date, insofar as the contract is active.
7.3 Unpaid invoices and late payment penalties
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 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.
Article 8 – Termination – Cancellation
8.1 Termination
This request may be made via the online support proposed by RADIOKING on the Website.
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 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
Art- 10 Obligations of the Parties
10.1 Obligations of the Client
- OBLIGATION OF PAYMENT
- 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.
- ACCESS CODES
- INFORMATION PROVIDED
- 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.
- 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 philosophical beliefs, union membership, health conditions or sexuality.
- BACK-UPS, SECURITY AND CONFIDENTIALITY OF THEIR DATA
10.2 Obligations of RADIOKING
- AVAILABILITY
- 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
- HOSTING
- MAINTENANCE
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.
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’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.
11.2 Provisions specific to Professional Clients
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
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
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.
13.2 For the Client
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.
Article 15 – Force Majeure
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.
Article 16 – Confidentiality
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
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
ANNEX: CANCELLATION FORM
Order date:
Order number:
Client name:
Client address:
Date: