Legals

Terms of Service

Welcome to Rivmedia Pty Ltd (“Rivmedia”, “Company”, “we”, “our”, “us”). These Terms of Service (“Terms”, “Terms of Service”, “Terms of Use”) govern your use of our website located at rivmediawebdesign.com.au operated by Rivmedia Pty Ltd. The following terms and conditions, together with any documents they expressly incorporate govern your access to and use of rivmediawebdesign.com.au, including any content, functionality and services offered on or through rivmediawebdesign.com.au (the “Website”), whether as a guest or a registered user.

Our Privacy Policy also governs your use of our website and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements and agree to be bound by them. If you do not agree with (or cannot comply with) Agreements, then you may not use the website, but please let us know by contacting us so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the website.

Acknowledgement

By using our website or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.

Communications

By using our website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link.

Product and Service Purchases

If you wish to purchase any product or service made available through our website, you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that:

You have the legal right to use any card(s) or another payment method (s) in connection with any Purchase
The information you supply to us is true, correct and complete

We employ the use of third-party services to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We only accept credit card payments (Visa & Mastercard) which are processed through Stripe.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to:

product or service availability
errors in the description or price of the product or service
error in your order or other reasons
if fraud or an unauthorised or illegal transaction is suspected

Product and Service Price Changes

Rivmedia, in its sole discretion and at any time, may modify Product and Service prices.

Subscriptions

Some products and services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Rivmedia cancels it. You may cancel your Subscription renewal either through your online account page or by contacting us. A valid payment method is required to process the payment for your subscription. You shall provide Rivmedia with accurate and complete billing information that may include but is not limited to full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorise Rivmedia to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Rivmedia reserves the right to terminate your access to the Service with immediate effect.

Subscription Free Trial

Rivmedia may, at its sole discretion, offer a Subscription with a free trial for a limited period (“Free Trial”). You may be required to enter your billing information to sign up for Free Trial. If you do enter your billing information when signing up for Free Trial, you will not be charged by Rivmedia until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Rivmedia reserves the right to:

Modify Terms of Service of Free Trial offer
Cancel such Free Trial offer

Subscription Price Changes

Rivmedia, in its sole discretion and at any time, may modify Subscription prices for the Subscriptions. Any Subscription price change will become effective at the end of the then-current Billing Cycle. Rivmedia will provide you with reasonable prior notice of any change in Subscription price to allow you to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription price change comes into effect constitutes your agreement to pay the modified Subscription prices amount.

Refunds

Unless otherwise stipulated within specific products and services, Rivmedia does not offer refunds once a product or service has been purchased. If you are dissatisfied for any reason, we encourage you to contact us and we will do our best to resolve the problem. However, you are not entitled to nor should you expect a refund for any reason. However, if (for whatever reason) Rivmedia is unable to supply the purchased product or service purchased, you will be entitled to a full refund. Upon determining that you are entitled to a refund, we will promptly instruct our payment processor to issue it. We do not control the payment processor and will not be able to expedite any refunds. They are generally processed within 2-5 business days. If you receive a refund, that shall immediately terminate all licenses, materials and/or resources granted to you. You shall immediately cease using the material and destroy all copies of the information and materials provided.

Prohibited Uses

You may use our website only for lawful purposes and following the Terms. You agree not to use our website:

In any way that violates any applicable national or international law or regulation.
For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our website, or which, as determined by us, may harm, or offend our Company or users of our website or expose them to liability.

Additionally, you agree not to:

Use our website in any manner that could disable, overburden, damage, or impair our website or interfere with any other party’s use of our website, including their ability to engage in real-time activities through our website.
Use any robot, spider, or another automatic device, process, or means to access our website for any purpose, including monitoring or copying any of the material on our website.
Use any manual process to monitor or copy any of the material on our website or for any other unauthorised purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of our website.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of our website, the server on which it is stored, or any server, computer, or database connected to our website.
Attack our website via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify Rivmedia’s rating.
Otherwise attempt to interfere with the proper working of our website.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through our website may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

Analytics

We may use third-party Service Providers to monitor and analyse the use of our website.

No Use by Minors

Our website is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using our website, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all the terms of service. If you are not at least eighteen (18) years old, you are prohibited from both access and usage of our website.

Accounts

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current always. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our website. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your password is with our website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders at our sole discretion.

Intellectual Property

Our website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Rivmedia and its licensors. Our website is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Rivmedia.

Links to Other Web Sites

Our website may contain links to third-party websites or services that are not owned or controlled by Rivmedia. Rivmedia has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree the Rivmedia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance of any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

Disclaimer of Warranty

This website is provided by Rivmedia on an “as is” and “as available basis. Rivmedia makes no representations or warranties of any kind, express or implied, as to the operation of the website, or the information, content or materials included therein. You expressly agree that your use of this website, its content and any products, services or resources obtained from us is at your sole risk. Neither Rivmedia nor any person associated with Rivmedia makes any warranty or representation concerning the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither Rivmedia nor anyone associated with Rivmedia represents or warrants that the website, its content and any products, services or resources obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the website or server that makes it available are free of viruses or other harmful components or that the website; its content and any products, services or resources obtained through the website will otherwise meet your needs or expectations. Rivmedia hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under appliable law.

Limitation of Liability

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage however it arises (including solicitor fees and all related costs and expenses of litigation and arbitration) whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of and federal, state or local laws, statutes, rules, or regulations. Except as prohibited by law, if there is liability found on the part of Rivmedia, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.

Termination

We may terminate or suspend your account and bar access to our website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using our website. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of NSW, Australia, which governing law applies to the agreement without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding our website.

Changes to our Website

We reserve the right to withdraw or amend our website, and any service or material we provide via our website, at our sole discretion without notice. We will not be liable if for any reason all or any part of our website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website, or the entire website to users, including registered users.

Amendments to these Terms of Service

We may amend our Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use our website.

Waiver and Severability

No waiver by Rivmedia of any term or condition outlined in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Rivmedia to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Disclaimer

The information provided by Rivmedia Pty Ltd (“Rivmedia”, “Company”, “we”, “our”, “us”) on rivmediawebdesign.com.au (the “Website”) is for general informational purposes only. All information on the website is provided in good faith. However, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site. Under no circumstances shall we have any liability to you for any loss or damage of any kind incurred because of the use of the website or reliance on any information provided on the website. Your use of the website and your reliance on any information on it is solely at your own risk.

External Links

The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the site or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products and services.

Testimonial’s

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume that all users will have the same experiences. Your individual results may vary. The testimonials on our website are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the website verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity, where the full testimonial contained extraneous information not relevant to the public. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions.

Errors and Omissions

While we have made every attempt to ensure that the information contained in this website has been obtained from reliable sources, Rivmedia is not responsible for any errors or omissions or the results obtained from the use of this information. All information in the website is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. In no event will Rivmedia, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Guest Contributors

This Site may include content from guest contributors and any views or opinions expressed in such posts are personal and do not represent those of Rivmedia or any of its staff or affiliates unless explicitly stated.

Logos and Trademarks

All logos and trademarks of third parties referenced on rivmediawebdesign.com.au are the trademarks and logos of their respective owners. Any inclusion of such trademarks or logos does not imply or constitute any approval, endorsement, or sponsorship of Rivmedia by such owners.

Website Design & Development Agreement

THE AGREEMENT: The following terms and conditions form the agreement between you (“you”, “client”, “customer”) and Rivmedia Pty Ltd, ABN 58 153 506 355 (“Rivmedia”, “Company”, “we”, “our”, “us”) when purchasing any of our web design and development services. All services are provided subject to these terms and conditions, which (together with any quotes provided) sets out the entire understanding and agreement between Rivmedia and the client. Your agreement with us also includes our Website Terms of Use and Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements and agree to be bound by them.

Modification & Variation of this Agreement

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent. You should check this page regularly to take notice of any changes we may have made, before placing an order with us.

Web Design Packages

The following constitutes our terms for Web Design packages quoted and purchased through our website, it is for new websites and website redevelopments. For other design and development work (minor edits and updates, and custom website work), please refer to those sections below.

Payment and Fees

For Rivmedia to provide the services, you must pay all fees, charges and costs set out in the Quote and agree to adhere to the following payment schedule:

– 35% deposit.
– 35% instalment when project reaches proofing stage.
– 30% balance once the site has been finalised and approved.

Accepted payment methods include direct bank deposit and credit card payments (Visa & Mastercard) which are processed through Stripe via our website.

Project Schedules

Rivmedia considers your project as active on receipt of the deposit payment. Project completion times will be communicated to you upon booking and conditional on the client supplying all content and other required resources to complete the project. However, timeframes are not guaranteed and we will not be in breach of our obligations if we fail to meet any such timelines. During the design process the client will need to respond to additional content and feedback requests and as such Rivmedia cannot be held accountable for delays in completion should the client be slow to respond to these communications.

Design & Development

Rivmedia will design the website in accordance with the package chosen. Design work above and beyond the brief or that varies from the original content structure supplied by the client and within the supplied quote may be requested at an additional charge (see variations below). Rivmedia will accept minor design changes to the project before it is published. Minor design changes will not include navigation structure changes, page reconstruction, logo re-design, flash animation re-design, or any other major website features that form part of the design specifications. Minor changes may include colour changes, text or title re-design, or image placement.

Website Content, Copyrights and Trademarks

It is the client’s sole responsibility to provide all required content (text, images and other media). All images used within a website or print document must comply with Australian copyright regulations. Rivmedia is not responsible for the images and content published on the website. It is the client’s responsibility to ensure that all images, fonts, and content published on their website conform to the Copyright Act 1968. If any of the images and content are not lawfully owned or licensed by the website owner, explicit permission to use them must be obtained by the client.

Compatibility

While Rivmedia will make reasonable efforts to design a cross-platform compatible website, compatibility with all browsers is not guaranteed. There may be third-party components such as SSL certificates, plugins, scripts, etc. involved in building your website. Although Rivmedia will make reasonable efforts to ensure the suitability of any such component, any unforeseen limitations of third-party components are beyond our control.

Plugins, website themes and other third-party software

Initial costs will either be included in the quote, or it will be communicated to the client that they will be required to pay for it themselves. When developer versions of paid plugins are available this will be installed by Rivmedia free of charge however, developer versions do not come with automatic updates or support. Updates for these plugins must either be performed by Rivmedia or the client can purchase their own licence(s) to gain access to updates. If no developer version is available for any required paid plugins a fully licenced version will be purchased. If this is done by Rivmedia on behalf of the client, future renewals will be the responsibility of the client and Rivmedia’s responsibility will cease when the first subscription period has concluded. Themes will be purchased and licenced under Rivmedia, which will have access to updates and support for the term specified by the theme developers. When possible, an API set-up so the client will continue to have access to theme updates via Rivmedia’s licence. However, we will only guarantee this API integration for 6 months from the commencement date of your web design project. Continued use may extend beyond this time, when possible, but Rivmedia is only obligated to provide it for the aforementioned 6 month period. Should the integration be terminated after this time, it is the client’s responsibility to purchase their own licence for the theme in question. Once the website is complete and handed over to the client, any ongoing third-party costs are the sole responsibility of the client.

Variations

The Client shall be entitled at any time before completion of the website to request in writing that Rivmedia is to modify the design or functionality of the website. The Client shall provide Rivmedia with full particulars of any requested modification and such further information as they shall reasonably require. Rivmedia shall inform the Client in writing whether such modification is technically feasible and shall inform the Client of the estimated number of additional hours of work and any necessary alteration to the delivery time. If the Client elects to proceed with the modification within [3] days of receipt of such information, then the delivery schedule shall be amended in the manner indicated. If modification is requested after the website has been substantially completed Rivmedia may decline to accept the additional work until after completion of and payment for the website, such additional work becoming the subject of a separate agreement.

Designer Delays

Rivmedia shall use all reasonable efforts to meet the initial timeframe and delivery schedule. Rivmedia may extend the due date for any Deliverables by giving written notice to the Client. The total of all extensions shall not exceed [30] days.

Client Delays

You agree to provide us with everything that we’ll need to complete the project – including text, images, and other information – as and when we need it and in the format we request. You agree to review our work and provide feedback and approval promptly.

Should delays in supplying all content and feedback required to complete the site reach the 3-month mark (from the booking date), this will result in the project being put on hold. This means that all work completed will be archived and stored until such time as the client is ready to recommence. The original quoted price will no longer be valid and should the client wish to continue a new quote may be required which the client can either accept or reject. If rejected, our cancellation and refund policies (see below) apply. Should the “on-hold” status of the project reach another 3-month mark (so 6-months since original booking) the project will be cancelled, all work completed will be permanently deleted and again, our cancellation and refund policies (see below) apply.

Proofing Stage

Testing shall take place either on a test site (hosted by Rivmedia) or a site published to the World, depending on the client’s circumstances. Rivmedia shall test the functioning of the website. If any fault or “bug” is found Rivmedia shall undertake such further work as is necessary until the testing procedure is satisfied as to [100] %. When the test procedure is completed with [100] % compliance, Rivmedia shall inform the Client and the Client shall test the website.

Once the website has reached the proofing stage, the client must respond with any feedback and/or change requests within 7 days. The client must notify Rivmedia of either approval as is, or their comments and/or requests for amendments as they shall reasonably judge appropriate. The process described above shall be repeated to a maximum of 3 rounds of revisions until the Client has approved (or is deemed to have approved) the website. If the Client fails to respond within the said period, they shall be deemed to have approved the website; the project will be considered complete and handed over to the client as-is.

Project delivery

The website will be developed and published to the client’s allocated domain name and hosting account. Interpretation by Rivmedia of the design specification will be final. Once the website has been published on the client’s specified domain and hosting account the project is deemed complete. Rivmedia is not responsible for unfinished pages after publication, additional design works after publication will incur an additional hourly fee. The client also permits a credit link to be included in the footer of the site.

Cancellations & Refunds

Either party may terminate the project at any time upon giving written notice to the other in writing, via email. In the event of termination, all indemnities shall continue. Any termination of this agreement shall be without prejudice to any other rights or remedies to which a party may be entitled. All payments (full upfront, deposit, instalments, milestones or any other payments) already received are non-refundable in all circumstances and additional payment may also be required in the amount of a prorated portion of the total fees due, compensating for all hours expended on the project up to the date of termination. Web design and development projects require extensive resources, consume our time, and incur internal expenses on top of intellectual property and education that is provided during the process which requires full compensation.

Cancellation of a design agreement, ceasing to continue with services provided by Rivmedia, or failure to make payment releases the client of all ownership rights.

If the project is cancelled by Rivmedia for any reason which prohibits us from completing the project, a pro-rata refund will be provided in proportion to the work completed in accordance with our rates at the time of the project booking, as such the final refund amount is at our sole discretion and is non-negotiable.

How Refunds Are Processed

Upon determining that you are entitled to a partial or full refund, we will promptly instruct our payment processor to issue it. We do not control the payment processor and will not be able to expedite any refunds. They are generally processed within 2-5 business days. If you receive a refund, that shall immediately terminate all licenses, materials and/or resources granted to you as part of the project. You shall immediately cease using the material and destroy all copies of the information and materials provided.

Free website maintenance & support after publication

Rivmedia will provide free maintenance/updates and technical support for one month ONLY after the website has been published. After this time, any additional work and/or support is billable. Additional fees apply for any site maintenance or extra design work, subject to acceptance. A full quotation will be provided before any design or maintenance works commence.

Responsibility after publication

After publication and once the support period has expired, Rivmedia will not perform or store backup sets of your website. It is the client’s sole responsibility to perform and store backups of their own website files and databases. Rivmedia will also no longer store the website files used to create the site. Rivmedia will not be held responsible for any loss of valuable files or data due to server malfunctions, account user interference, intentional or unintentional misuse, or any external interference such as hacking. Once the website has been installed and published, Rivmedia is not responsible for any future content, changes, or technical problems that may result from updates made by the website owner or any other party. The client accepts full responsibility and absolves Rivmedia from any responsibility for the website after publication.

Unused inclusions from website package

Should any of the inclusions that come with your chosen package not be included in the initial build of the website, the client has 1 month to add these in from the date of website publication. After that, any unused elements are forfeited by the client and become void. They are 100% non-refundable and non-transferable.

Intellectual property ownership

Software code and graphic images owned by a third party are not affected by this agreement. During and after completion of the project and unless otherwise specified in this agreement ownership of new intellectual property shall be as follows:

Software Work concepts belong to the Client
Designs used in the Website belong to the Client
Graphic images provided by Rivmedia belong to the Client unless Rivmedia expressly states that ownership is retained by us
Software code written by Rivmedia before the date of this agreement and incorporated into the website belongs to the Rivmedia
Code written specifically for the website belongs to the Client
Software elements being components previously developed by Rivmedia belong to us.

Rivmedia grants an exclusive license to the Client for all items listed above and owned by them, for use in connection with any website the Client might own or use for a period of [99] years. The Client may not assign this licence except by way of sale or transfer of the whole of the website.

Intellectual property rights indemnity by Client

The Client hereby agrees to indemnify Rivmedia against all claims and costs arising:

in any connection with the Content supplied by the Client;
out of any failure by the Client to comply with any law;
from a breach by the Client of this agreement;

Disclaimers and limitation of liability

The law differs from one country to another. This paragraph applies so far as the applicable law allows. All implied conditions, warranties and terms are excluded from this agreement. Rivmedia knows nothing about the business of the Client. Accordingly, we are not responsible for:

The instructions given by the Client in connection with the website or any issue that arises because of any work done by Rivmedia as instructed by the Client
The functionality or profitability of the Website as a business
The text or graphics or other content on the website
Compliance of the website with any law or code of practice

This paragraph (and any other paragraph which excludes or restricts the liability of Rivmedia) also applies to the directors, officers, employees, subcontractors, agents and affiliated companies of Rivmedia. The following provisions set out Rivmedia’s entire liability (including any liability for the acts and omissions of its employees) to the Client in respect of:

Any breach of his contractual obligations arising under this agreement; and
Any representation statement or tortious act or omission including negligence arising under or in connection with this agreement.

Any act or omission on the part of Rivmedia, falling within this paragraph shall be known as an ‘Event of Default’. Rivmedia’s entire liability in respect of any Event of Default shall be limited to damages of an amount equal to the total price paid by the Client for the website. Rivmedia shall not be liable to the Client in respect of any Event of Default for loss of profits goodwill or any type of special indirect or consequential loss (including loss or damage suffered by the Client as a result of an action brought by a third party) even if such loss was reasonably foreseeable or Rivmedia had been advised of the possibility of the Client incurring the same. If several Events of Default give rise to substantially the same loss then they shall be regarded as giving rise to only one claim under this agreement. The Client hereby agrees to give Rivmedia not less than [28] days in which to remedy any Event of Default hereunder. Rivmedia shall have no liability to the Client in respect of any Event of Default unless the Client shall have served notice of it on Rivmedia within one year of the date he became aware of the circumstances giving rise to the Event of Default or the date when he ought reasonably to have become so aware. Nothing in this paragraph shall confer any right or remedy upon the Client to which he would not otherwise be legally entitled. Rivmedia shall not be liable to the Client for loss arising from or in connection with any representations agreements statements or undertakings made before the date of this agreement.

Non-package website work

The following constitutes the terms for any design and development work that is done outside of a website package.

Simple Website Edits & Support

Simple edit requests usually include things such as uploading new content, adding, or changing menu items, editing settings, pages, and posts, etc. Tasks are generally for minor edits only; they exclude major design & functionality changes as this often requires much more time and is best to be quoted separately. Work is billable in 30-minute increments. If any website edit & support requests fall outside the scope of what this service entails, you will be notified before any work commencing and the work will be quoted accordingly.

Payments and fees

For Rivmedia to provide the services, you must pay all fees, charges and costs set out in the Quote and agree to adhere to the following payment schedule:

Custom Projects quoted below $500 require full payment upfront.
Custom Projects quoted above $500 require a 50% deposit before the commencement of any work with the remaining balance due upon completion.

Payments may be made via direct bank deposit or credit card. All payments are non-refundable once the design process has begun. Rivmedia will not release completed works to the customer until full payment has been received.

Overdue payments

No one likes chasing money and no one likes being chased for money, so we respectfully request that all payments are settled by their due date so we can maintain a friction-free working relationship. Should accounts become overdue, they will be subject to a late payment fee of 1.5% interest per month. This fee will be charged monthly and commence from the first month following the due date and each thereafter until the account is paid in full. Late payment fees are non-refundable once added to an amended invoice and reminder notice sent. In the event an overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred if the debt is collected in full, including legal demand costs.

WordPress Website Maintenance Agreement

THE AGREEMENT: The following terms and conditions form the agreement between you (“you”, “client”, “customer”) and Rivmedia Pty Ltd, ABN 58 153 506 355 (“Rivmedia”, “Company”, “we”, “our”, “us”) when purchasing a website maintenance plan. Your agreement with us also includes our Website Terms of Use, Disclaimer and Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements and agree to be bound by them.

Modification & Variation of this Agreement

We reserve the right to modify the subscription rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the subscription service after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement.

Pricing and Payments

The prices payable for our maintenance plans are clearly set out on our website. Prices are inclusive of any applicable goods and services tax or other sales tax. Our maintenance plans are a subscription-based product and as such, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription. When you sign on to a subscription product, that payment may not cover other services, for which we will ask you to pay either by addition to your subscription or by a single payment.

Subscription Renewal payments

At the renewal of your subscription, we shall automatically take payment from your credit card for the sum specified on the plan chosen. By default, the billing schedule for a subscription is based on the day the customer buys the subscription. If a customer pays for a monthly subscription on the 15th of November, they will pay again on the 15th of December and so on. Failed payments will be retried automatically. By default, the subscription payment will be retried 5 times over 7 days. Should automatic billing still fail, Rivmedia reserves the right to terminate your access to the Service with immediate effect.

Subscription Cancellations

You may cancel your plan at any time, for any reason, within your account area or by contacting us in writing to request we cancel your plan on your behalf. Conversely, we retain the right, at our sole discretion, to terminate all parts of the services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

Refunds

All subscription payments are non-refundable and non-transferable without exception when cancelled by the customer once work has been carried out. There shall be no reimbursement or credit if the service is terminated due to your violation of the terms of this agreement.

Work commencement

All work is paid for upfront; the standard tasks (updates, security scanning etc.) are performed within 1-7 business days after your subscription payment has been successfully processed.

Software updates

The following will be updated: WordPress core, plugins and theme/s when new releases become available. However, we will only update plugins that are compatible with your installed version of WordPress and will only perform theme updates if a child theme is in place. We will do a compatibility check but it is the customer’s responsibility to inform us if you notice that your website is not working properly after updates are performed. Should this occur, at no extra charge we will restore your website to how it was before the update, then investigate the incompatibility before performing updates again.

Website Back-ups

We ensure facilities are in place to automatically back up your site at regular intervals according to your chosen plan. These backup sets are stored on Rivmedia’s cloud storage. We store 3 sets of backups at a time; older ones will be deleted each time maintenance work is carried out. While all precautions are taken to safeguard these back-ups sets we do not guarantee their safety and therefore strongly urge all customers to download and store them periodically.

Disclaimer of Warranties and Limitation of Liability

You agree that using our services is at your own risk. Rivmedia, its licensors, content providers, service providers, employees, agents, officers, directors and contractors (the “Indemnified Parties”) disclaim all warranties whether express or implied regarding the services meeting your requirements, being timely, secure and error-free. You specifically agree that Rivmedia, its licensors, content providers, service providers, employees, agents, officers, directors and contractors will not be liable for any damages, including damages for loss of profits, data, or any other tangible losses resulting from the use or our services. You acknowledge that this limitation of liability is an essential element of this agreement, and absent such a limitation, we would not enter into this agreement.

Interruption to Services

We must interrupt the publication of your website to perform the maintenance work and as such it will be placed in “maintenance mode” during this time. We will do our best to judge and appropriate downtime and keep it as brief as possible. You acknowledge that the services may also be interrupted for many reasons beyond our control and for longer than generally required if unforeseen issues arise. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the services.

Course Agreement

THE AGREEMENT: The following terms and conditions form the agreement between you (“you”, “the user”, “participant”) and Rivmedia Pty Ltd, ABN 58 153 506 355 (“Rivmedia”, “Course Provider”, “we”, “our”, “us”) when purchasing any of our Online Courses. All services are provided subject to these terms and conditions, which (together with any quotes provided) sets out the entire understanding and agreement between Rivmedia and the client. Your agreement with us also includes our Website Terms of Use and Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements and agree to be bound by them.

Acceptance

By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Course immediately. If you do so after purchase, you will not be entitled to any refund. Course Provider only agrees to provide the Course to you if you assent to this Agreement.

Modification & Variation

Age Restriction

You must be at least 18 (eighteen) years of age to use this Website, participate in the Course or access any Services contained herein. By participating in the Course, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.

Licence to use the website and access course materials

We may provide you with certain information as a result of your accessing the Course through the Website. Such information may include but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course (“Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Course, your cessation of use of the Course or the Website, or at the termination of this Agreement.

Course Schedule

None of our Courses has a structured start or end date, which means you may begin it at any time. The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, at our sole and exclusive discretion.

Earnings Disclaimer

Every effort has been made to accurately represent our courses and their potential. Your level of success after completion depends on the time you devote to the course, ideas and strategies mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success.

We do not offer any promises or guarantees concerning our Course or Course Materials. You hereby acknowledge and agree:

You are solely and exclusively responsible for the choices that you make concerning the Course, the Materials contained within it, or any significant changes to your business or life.
Any examples used in the promotional content or Course materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on you.
Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact, no guarantees are made that you will achieve any results from the information and resources in our courses.
You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take.
We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course.

Refund Policy

We offer a 14-day money-back guarantee for all of our courses. If you decide your purchase was not the right decision, within 14 days of enrollment, contact us and let us know you’d like a refund. To qualify for a refund, you must:

Have completed all Lessons within the Course
Submit proof that you did the work and completed all content provided for your completion (e.g. worksheets, questionnaires etc.)
You must also explain why the course was not a good fit for you and your business

Each of these requirements must be met or you will not be granted a refund. Upon determining that you are entitled to a refund, we will promptly instruct our payment processor to issue the refund. We do not control the payment processor and will not be able to expedite any refunds. They are generally processed within 2-5 business days. If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate all licenses granted you to use the material provided to you under this Agreement. You shall immediately cease using the material and destroy all copies of the information provided to you, including without limitation: worksheets, checklists, video & audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources. Refunds will not be granted more than 14 days following the date of purchase and all payments are 100% non-refundable.

Intellectual Property

You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that Rivmedia owns all rights, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from Rivmedia.

Your Obligations

As a participant in the Course, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Course. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information or using the Course or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

Payment and Fees

The entirety of the Fees is due and payable upon your registration in the Course. No payment plans or instalment plans are available.

Acceptable Use

You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Course Provider.

You further agree not to use the Course or the Website:

To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
To violate any intellectual property rights of the Course Provider or any third party;
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
To perpetrate any fraud;
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate, or discrimination towards any group;
To unlawfully gather information about others.

Liability

The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Course is at your own risk. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, or on the Website. We are not liable for any damages that may occur to you as a result of your participation in the Course or your use of the Website, to the fullest extent permitted by law. This section applies to all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

Reverse Engineering & Security

You agree not to undertake any of the following actions:

Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website;
Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

Data Loss

We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.

Indemnification

You agree to defend and indemnify the Course Provider and any of our affiliates (if applicable) and hold us harmless against all legal claims and demands, including reasonable solicitor fees, which may arise from or relate to your participation in the Course, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defence if we wish.

Service Interruptions

We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.

Termination

We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

General Provisions

LANGUAGE: All communications made or notices given under this Agreement shall be in the English language.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.
SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.
NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organisation, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or phone. For any questions or concerns, please contact us via our Contact Page.