Last Updated: December 2021
Media Realm has a commitment to privacy, and this document outlines our commitments.
We voluntarily adopt the Privacy Principals in the Privacy Act 1988. These principals govern how we collect, use, disclose, store, secure and dispose of your Personal Information. A copy of these principals is available from the OAIC.
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, and phone number.
This Personal Information is obtained in many ways including email, telephone, website, our Client Portal, project management tools, and other sources. We don’t guarantee website links or policy of third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
- For the primary purpose for which it was obtained
- For a secondary purpose that is directly related to the primary purpose
- With your consent; or where required or authorised by law.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
- Third parties where you consent to the use or disclosure;
- Where required or authorised by law; and
- Where practically required for the provision of goods and services (e.g. financial transaction facilitators, web hosting, software licensing, project management and job tracking)
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Media Realm Pty Ltd will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
This Policy may change from time to time and is available on our website.
Media Realm Pty Ltd
PO Box 295, Winston Hills NSW 2153
MetaRadio Software License
Preamble: This Agreement, governs the relationship between You, a Business Entity, (hereinafter: Licensee) and Media Realm Pty Ltd, whose principal place of business is PO Box 295, Winston Hills, NSW, 2153 (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using MetaRadio (hereinafter: The Software) created and owned by Licensor, as detailed herein
License Grant: Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Commercial with terms, Without the rights to create derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
Limited: Licensee may use Software for the purpose of:
Running Software on Licensee’s Website[s] and Server[s];
Publishing Software output to Licensee and 3rd Parties.
Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
Commercial use allowed with restrictions: This software may only be used for the number of inputs/stations licensed from Media Realm.
Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee:
- became insolvent or otherwise entered into any liquidation process; or
- exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
- Licensee was in breach of any of this license’s terms and conditions and such breach was not cured, immediately upon notification; or
- Licensee in breach of any of the terms of clause 2 to this license; or
- Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via Credit-Card, or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0.
Updates: for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
Fix: for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the The Software’s functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.
Support: Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.
Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor’s request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
Software Maintenance Agreement: The licensor is only able to access email product support and software updates or upgrades while they have an active Software Maintenance Agreement. Unless otherwise stated, the licensor must renew their Software Maintenance Agreement on an annual basis to continue to have access to email support, and any available software updates or software upgrades.
Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Softwareís source code.
Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server[s] and Website[s].
Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software’s incompatibility, performance, results and features, and warrants that he inspected the The Software.
No Refunds: Licensee warrants that he inspected The Software and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.
Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor’s intellectual property rights or Licensor’s title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
Radio Websites – Terms and Conditions
This Agreement (the “Agreement”) is between any subscriber to Media Realm’s Radio Websites product (the “Client”) and Media Realm Pty Ltd (the “Supplier”). This agreement may be modified at any time by the Supplier – the latest copy will always be available on our website.
- DELIVERABLES AND PAYMENT
- License Inclusions. The Client is engaging the Supplier to license the ‘Radio Website Platform’ (also referred to herein as the “product”). This is a hosted SaaS product, delivered by the Supplier to the Client, for the creation of a Radio Website. Full product details are on our website. Each license includes:
- A per-website license to create radio station websites, using the WordPress theme and plugins specifically offered as a part of the Radio Website Platform.
- Ongoing web hosting and content delivery network services required to provide access to the sites licensed under this agreement.
- Access to product support, via email.
- Ongoing maintenance of the hosting environment, including responding to outages and service degradations in line with the Service Level Agreement.
- Provisioning of a backup system for files and databases, with a minimum retention period of 1 backup taken per day, for 30 days on a rolling basis.
- Term. The agreement has no end date. Each website licensed is done so on a per-month basis, and may be terminated with two months notice. Some services or add-ons may incur minimum contract periods.
- Limitations. Each license is valid only for one user-facing website, and is non-transferrable.
- A website is defined by the domain name or URL specified at the time of launch.
- Clients are not entitled to any access to Intellectual property (IP) provided by the Supplier under this agreement, including source code. Any IP use by the Client is to be terminated upon the termination of any specific site’s license.
- The Client is responsible for supplying and maintaining Domain Registration, DNS Hosting, and other services as requested by the Supplier. The Supplier cannot be responsible for the uptime, reliability, durability, or cost of these third-party services provisioned by the Clients.
- The product is licensed as-is.
- License Payment. The Client will pay the Supplier a monthly fee, as per the schedule provided on the Supplier’s website. This fee becomes payable upon launch of the site, or 30 days after creation of a Client’s staging site (whichever comes first).
- Additional Payments. Additional fees may be payable for enhanced levels of service or additional products.
- The Client will pay the Supplier an additional fee (details provided upon request) for any additional tasks and custom work performed outside of the license (such as content migration, professional services, or other custom work).
- Where a Client’s site experiences bandwidth usage outside of the allowed limits in their plan, the Supplier will provide notice of an increase to a more suitable plan. Failure by the Client to agree to a plan increase may result in the site becoming unavailable.
- A Client’s site with an enhanced level of service or functionality may, at the reasonable discretion of the Supplier, incur additional fees (to be set by the Supplier acting reasonably).
- The intellectual property rights to any commissioned works remains the property of the Supplier, and is licensed on a non-exclusive basis to the Client under this agreement.
- Payments. The Supplier will debit the Client’s supplied Credit Card (or other payment method) for the service fee, and any additional works performed under this agreement, at the beginning of each calendar month.
- Non-Payment. In the event of an unsuccessful payment attempt, the Client will be notified and given a period of 7 days to update their payment method. Failure to pay within this grace period will result in termination of service.
- Payment by Invoice. If the Supplier and Client mutually agree, payment may be made via Invoice. The Client agrees to pay the Supplier for the full invoiced amount within 7 days of receiving each invoice. Failure to pay invoices in full and on time will result in termination of service.
2. OWNERSHIP AND AUTHORSHIP
- Ownership. The Supplier maintains all intellectual property rights to the Radio Website Platform, MetaRadio, and all other software and services provided under this agreement.
- No Transfer. At no time can a license, active or inactive, be transferred by the Client to another party or used for another website other than the website nominated at the time of launch.
- Authorship. The Client agrees the Supplier may showcase the websites created under this agreement in the Supplier’s portfolio, websites, printed literature and other media for the purpose of recognition. The Client also agrees to allow the Supplier to provide further information about non-proprietary and non-confidential solutions on the Supplier’s website.
- Third-Party Components. The Supplier may choose to use certain software and/or graphic components licensed by third parties. The ownership of these cannot be transferred, and must be used by the Client within the terms of any license agreement(s).
3. CONFIDENTIALITY AND NON-DISCLOSURE
Each party promises to the other party that it will not share information that is marked confidential and nonpublic with a third party, unless the disclosing party gives written permission first. Each party must continue to follow these obligations, even after the Agreement ends.
Until this Agreement ends, the Supplier won’t encourage Client employees or service providers to stop working for the Client for any reason.
Each party promises to the other party that it has the authority to enter into and perform all of its obligations under this Contract.
- TERM AND TERMINATION
Either party may end this Agreement at any time and for any reason, by providing 60 days written notice. Upon termination by either party, the Client agrees to pay the Supplier for all services that have been provided until the Agreement ends.
Upon the termination of the agreement, no existing licenses will continue to be valid and the respective sites will be shut down. However, the clauses in this agreement requiring protection of intellectual property still apply.
- LIMITATION OF LIABILITY
Subject to any liability which cannot be excluded by law, the Supplier’s Deliverables are sold “as is” and the Supplier’s maximum liability under this agreement is the total sum paid by the Client to the Supplier under this agreement during the 3 months prior to the relevant initial claim.
While all care is taken to ensure the uptime, security, durability, and fit-for-purpose nature of each website, the Supplier cannot be held responsible for any downtime, loss of income, or other negative outcomes as result of the usage of products or services under this agreement. It is the responsibility of the Client to ensure the Deliverables meet the needs of the Client before requesting a license.
The Client hereby warrants to hold the Supplier harmless and indemnify Supplier for any lawsuit brought against it in regards to Client’s use of The Software in means that violate, breach or otherwise circumvent this license, Supplier’s intellectual property rights or Supplier’s title in The Software.
- Governing Law and Dispute Resolution. The laws of New South Wales, Australia govern the rights and obligations of the Client and the Supplier under this Contract, without regard to conflict of law provisions of that state.
- Notices. All notices to either party shall be in writing and delivered by email or registered mail.
- Severability. If any portion of this Agreement is changed or disregarded because it is unenforceable, the rest of the Agreement is still enforceable.
- Entire Contract. This Agreement supersedes all other Agreements (both written and oral) between the parties in relation to this product.
- Assignment. Neither this agreement, nor any rights, licences or obligations under them, may be assigned or transferred by either party without the prior written approval of the other party. Notwithstanding the foregoing, either party may assign its rights and licences and transfer its obligations under this agreement to any acquirer of all or of substantially all of such party’s equity securities, assets or business relating to the subject matter of this agreement or to any entity controlled by, that controls, or is under common control with a party to this agreement, provided that such assignor or transferee agrees with the assignee or transferor to assume and perform all of the assignor’s or transferor’s obligations hereunder. Any attempted assignment or transfer in violation of this clause will be void and without effect.
Radio Websites Service Level Agreement
This document outlines the Service Level Agreement (SLA) for the Radio Website Platform offered by Media Realm. This SLA does not apply to any services provided via a reseller, or any services provided where another agreement is in place.
This Service Level Agreement applies only to existing functionality which is not functioning in accordance with the way it was designed or implemented. This SLA does not apply to change requests, enhancements, etc.
Media Realm aims to provide 100% website availability for websites supplied under this agreement.
Media Realm leverages third party infrastructure providers in the provision of this product, and issues caused by these third parties are not included in any SLAs.
- Priority 1 – Urgent: Loss of critical service/s to station without an available workaround.
First Response: 2 hours within business hours
Resolution Target (no guarantee or service credit): 4 hours within business hours
Example Incidents: Complete website outage; Payment gateway integration failure – e.g. payment form not accepting payments (donations and Gravity forms). Not due to failure with Payment Gateway or Station Credentials; Player not playing audio (not due to Triton Digital or other streaming company).
- Priority 2 – High: Services and functionality that are seriously degraded or inoperative where a short-term workaround is available, or unavailability of a non-critical component of the website.
First Response: 6 hours within business hours
Target Resolution: 36 hours within business hours
Example Incidents: Unable to login to CMS Administration; Cannot upload media; Cannot add or edit page/post; Unable to submit form entry; Very slow page loads (>10 secs average server response time)
- Priority 3 – Medium: Issue limits the functionality or usefulness of the website, but is not a critical service and the workaround is known and can be implemented with little or no impact on how the website is used.
First Response: 12 hours within business hours
Target Resolution: 72 hours within business hours
Example Incidents: Certain pages on the website are unable to be accessed; Certain content types are unable to be added/edited; Layout is broken or not rendering correctly, but otherwise functional; Now-playing song data is not displaying on the website (excluding third party system issues).
- Priority 4 – Low: A minimal problem arising from a misleading or unsatisfactory component or feature. It doesn’t affect how the website works.
First Response: 24 hours within business hours
Target Resolution: 96 hours within business hours
Response times begin once a ticket has been logged with Media Realm via their online support portal.
Time to resolution will vary based on the exact nature of each incident.
Media Realm will, from time to time, need to cause a service outage to ensure the ongoing availability and performance of the platform. Maintenance windows do not impact SLA times or credits.
Scheduled maintenance will be advertised at least two days prior to the outage, and displayed on our website status page.
Unscheduled emergency maintenance will be published after the fact on our status page, if the unscheduled maintenance causes an outage of thirty minutes or more.
Media Realm is not liable for outages caused in whole or in part by any of the following factors:
- Scheduled or emergency maintenance critical to the ongoing delivery of the product.
- Circumstances beyond Media Realm’s reasonable control, including war, actions by government bodies, sabotage, fire, flood, earthquake, other natural disasters, denial of service attack, labour action, pandemic, or outages caused by third party providers.
- Issues with any client-supplied services, such as DNS, Domain Registration, Email, Payment Gateway, Streaming Host, On Demand Audio Host, or any other third party service.
- Circumstances caused by a Client’s failure to implement reasonable measures as recommended by Media Realm.
- Issues caused by end-user factors, such as browser caching, browser software incompatibility, and localized telecommunication issues.
- Outages with third-party services, such as server infrastructure providers (e.g. AWS), CDN providers (e.g. Cloudflare), and broader telecommunications outages.
- Outages caused by client non-payment, or exceeding the Client’s agreed plan service limits (e.g. bandwidth or pageview limits).
The only form of compensation available for any outage or Service Level Agreement breach is in the form of account credit.
Account credit is not to exceed 50% of a month’s service fee for the impacted service(s). Account credit cannot be accumulated over multiple months or redeemed for cash or credit towards other services.
Account credit will be reflected on the following month’s invoice, after the credit has been requested by the Client.
This table shows the available remedy based on the outage time:
|Website Availability||Monthly Downtime||Credit Percentage|
|100% to 99.9%||Up to 44 minutes||0%|
|99.9% to 98%||Between 44 minutes and 14 hours 52 minutes||15%|
|98% to 95%||Between 14 hours 53 minutes and 37 hours 12 minutes||30%|
|Less than 95%||More than 37 hours 13 minutes||50%|
Website Downtime will be credited in alignment with Media Realm’s monitoring systems, not third party monitoring systems.
Credit amounts only apply to the monthly website subscription fee, and not any additional add-ons or professional services.