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:
Website Content: Riviweb acknowledges and agrees that all original content provided by the Client for inclusion on the Website shall remain the property of the Client. Copyright of the website will not be transferred to the customer until the balance is paid in full.
Design Elements:
Except for design elements subject to a licensing agreement, any custom design elements created by Riviweb specifically for the website shall become the property of the client upon full payment for the services rendered.
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.
Hosting Payments:
Payments for website hosting are due upon account setup.
Payments:
Customers will receive a detailed build quote and invoice. Work will commence upon receipt of payment. Most projects under 30k 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.
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.
