Terms of Website Build
Last Modified: June 28, 2024
These Terms of Website Build ("Terms") govern the relationship between RiviWeb Digital LLC, ("Riviweb," "we," "us," or "our") and you ("Client," "you," or "your") in relation to the creation, development, and maintenance of websites ("Website") by Riviweb for the Client. By engaging Riviweb's services, you agree to be bound by these Terms.
Ownership of Intellectual Property:
Riviweb acknowledges that all original content provided by the Client for the Website remains the property of the Client. Ownership of the website’s copyright will transfer to the Client only after the relevant copyright fee and the full project balance have been paid.
Design Elements:
Except for design elements covered by a licensing agreement, any custom design elements created by Riviweb specifically for the website will become the property of the client upon full payment for services rendered and receipt of any copyright-related fees.
The client is required to provide all brand assets within five days of our written request or the creation of their RiviWeb account, whichever comes first. Additionally, the client is responsible for any fees associated with the licensing of custom images and videos.
Development Work:
All coding, programming, and development work undertaken by Riviweb in the creation of the Website shall be the exclusive property of Riviweb, unless otherwise agreed upon in writing.
The Use of Third-Party Software:
Riviweb may utilize third-party software, plugins, or tools ("Third-Party Software") in the development of the Website. The Client acknowledges and agrees that such Third-Party Software shall remain the property of its respective owners.
License and Usage:
Riviweb may obtain licenses or permissions to use Third-Party Software on behalf of the Client, solely for the purpose of building and operating the Website. Any terms and conditions imposed by the owners of the Third-Party Software shall apply.
Liability:
Riviweb shall not be held liable for any issues, errors, or damages arising from the use of Third-Party Software. The Client agrees to indemnify and hold Riviweb harmless from any claims related to the use of Third-Party Software.
Protection of Confidential Information:
Both parties agree to treat any confidential information exchanged during the course of the Website build as confidential and shall not disclose it to any third party without prior written consent.
Exceptions:
Information shall not be considered confidential if it is publicly available, already known to the receiving party, or rightfully obtained from a third party.
Termination by Client:
The Client may terminate the Website build project at any time by providing written notice to Riviweb. In such cases, the Client shall compensate Riviweb for the work completed up to the date of termination, and pay the remaining balance of the contract in full.
Termination by Riviweb:
Riviweb reserves the right to terminate the Website build project if the Client breaches these Terms, fails to provide necessary materials or cooperation, or if circumstances arise that make completion of the project impractical.
Governing Law and Jurisdiction:
These Terms shall be governed by and construed in accordance with the laws of Macon Georgia, Bibb County without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively in the courts of Macon Georgia, Bibb County.
By engaging Riviweb's services, the Client acknowledges that they have read, understood, and agreed to these Terms of Website Build.
Branding: RiviWeb, Inc. branding must be prominently displayed in the footer section across all websites developed by RiviWeb. This includes a direct hyperlink to our official website, Riviweb.com.
Improved Linking Policy: RiviWeb reserves the right to link to your website from RiviWeb.com under the following circumstances: if your website is showcased on our projects page or if it is referenced within a testimonial provided by you.
Software Training:
If your contract includes WordPress training, it will commence only after the website project is complete and you have approved the final product. Customers will not have access to the website console during the build process or while programming is in progress. Most projects include up to 3 hours of free software training. Additional training beyond this limit will be charged at regular rates.
Web Hosting:
Website Security Requirements: All websites hosted on the RiviWeb Hosting VPS Server are required to have an active, RiviWeb-approved SiteLock subscription, which must be purchased by the customer at a cost of $24.99 per month. Payments for the SiteLock subscription must be made directly to SiteLock.
The SiteLock subscription must be activated within 24 hours of service activation with RiviWeb. Failure to set up the subscription within this time frame will result in the cancellation of your hosting account.
RiviWeb is not responsible for any malware or security breaches resulting from the customer's failure to activate SiteLock. If your SiteLock subscription is not in place, RiviWeb will notify you via email and you will have 24 hours to remove your website from our server at your own expense. If the website is not removed within this time, RiviWeb will proceed with deleting the entire cPanel account, including all website files, without further notice.
Website Migrations: If you decide to move your website from our server—either voluntarily or due to non-compliance with our SiteLock security requirement—we strongly recommend reaching out to your new hosting provider for assistance with migrating your website files. Their specialized team will be better equipped to handle the transfer.
Please note, that we do not assist with migrating websites or uploading them to third-party cloud services. Any migration to a new host or cloud platform is something you'll need to manage on your own, either by contacting your new hosting provider or by accessing cPanel at your own risk. Many potential issues can arise during this process, and we cannot take responsibility for any complications.
If you choose to move your website to a HostGator cloud server, we would be happy to assist by creating a support ticket for you and having HostGator’s specialized migration team handle the transfer. Please note that there is a starting fee of $150.00 per website for this service.
Payments: Payments for website hosting are due upon account setup. Late Payment and Account Suspension Policy - If a web hosting account is not paid within ten days after the due date, a late fee of $50.00 will be applied. Accounts exceeding this grace period are subject to suspension. To reinstate a suspended account, a reinstatement fee of $25.00 must be paid, along with all outstanding balances to bring the account current.
Web Development & Web Design Payments:
Customers will receive a detailed build quote and invoice. Work will commence upon receipt of payment. Most projects under 25k must be paid in full before work commences. All payments shall be made in accordance with the contract terms. The customer is not permitted to use the website until the account balance is settled in full.
Projects Exceeding $25,000
For web development or mobile application projects with costs exceeding $25,000, you will receive a comprehensive contract upon accepting the initial proposal. This contract will outline a detailed scope of work, timelines, the design approval process, and payment terms. The payment schedule will align with the project's progress to ensure clarity and transparency throughout the development process.
Special Payment Arrangements and Late Fees:
If your project costs are divided into equal payments, each payment must be made on or before the specified due date, as there is no grace period. Failure to adhere to the payment schedule will incur a penalty of 10% of the total project cost, which you agree to pay in full, in addition to the outstanding balance. Receipt of your first payment constitutes your agreement to these payment terms and all of the terms and conditions of the website build.
Cancellation and Refunds:
RiviWeb has a no-cancellation policy and does not provide refunds.
Shared VPS Hosting and Software Updates:
RiviWeb manages plugin updates and platform software updates. We are not responsible for conflicts that may arise due to third-party software updates. As experts in the field, we carefully select software to minimize the possibility of conflicts, making them uncommon for RiviWeb-built websites. However, should any conflicts occur, RiviWeb will resolve them at a rate of $75.00 per hour. Most conflicts can typically be resolved within one to two hours.
