These terms and conditions are the contract between you and Rivmedia Pty Ltd (“us”, “we”, “Rivmedia” etc). By visiting or using our website, signing up or purchasing any of our products or services, you agree to be bound by the Terms and Conditions outlined on this page.
We are Rivmedia Pty Ltd – Trading as Riverina Web Design, a company registered in Australia, ACN 153 506 355.
Our address is Po Box 242 Wagga Wagga NSW 2650
You are: Anyone who uses Our Website or buys any Service from us.
Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to use our website and/or purchase products/services on your behalf.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site and/or our Services immediately.
Rivmedia will aim to customize your design to the maximum extent and in keeping with your business branding, profile, logos, commentary, colour themes and images etc. Rivmedia will provide regular communication via email throughout the entire design process.
Right to Service – Rivmedia reserves the right to refuse service, especially if the requests are not aligned with our business operating principles and policies, or are outside of the general scope and design style of Rivmedia.
Indemnity – You will indemnify and hold Rivmedia, its licensors, content providers, service providers, employees, agents, officers, directors and contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms and Conditions or any other terms, conditions, policies or procedures contained on the web site, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Web site.
Severability – The provisions of these Terms and Conditions may be exercised and are applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Waiver – No failure or delay on the part of Rivmedia to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by Rivmedia preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by Rivmedia to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
This Agreement – This agreement constitutes the sole agreement between Rivmedia and the client regarding the project. Any additional work not specified in the design specification or any other amendment or modification to the package must be authorized by a written request signed by both client and Rivmedia. Unless otherwise stated all prices specified are quoted in Australian Dollars.
Legal Notice – Notwithstanding anything to the contrary contained in this contract, neither Rivmedia nor any of its employees warrant that the functions contained in the service will be error-free. The entire risk as to the quality and performance of the service is with the client. The client agrees to defend, indemnify and hold Rivmedia harmless from any and all liability, proceedings, actions, loss, damages or claims or other events, which may arise from the service and that such indemnity survives termination of this contract. In the event of an act of major catastrophe such as theft, terrorism, earthquake, riot, civil disorder, flood, fire, storm or other major disaster Rivmedia reserves the right to suspend all its obligations under this contract or void the contract at its option. In any event the client fully agrees that Rivmedia’s maximum liability will be limited to the fees actually paid by the client to Rivmedia less any reasonable costs incurred to date. This contract is governed by the laws in force in the state of New South Wales in the Commonwealth of Australia.
Project Commencing Date – Rivmedia considers your project as active on receipt of full deposit being paid via any of the methods outlined on the invoice, along with the completion of the project booking form and subsequently agreeing to the following terms and conditions. Completion times are generally within 4-6 weeks providing the client has supplied all images, written content and other media to be used in the site, however this time frame cannot be guaranteed. 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.
Expediated turn-around times – Rivmedia can on occassion provide faster turn-around times for an additional fee which is determined on a case by case basis. To be able to achieve this without compromising the time frames for other client’s projects, work is performed outside normal business hours, thus the additional fee. As above, this turn-around time is still dependant on the the client providing all images, written content and other media to be used in the site, as well as responding to additional content requests, along with other questions and feedback requests and as such Rivmedia cannot guarantee the exact turn-around time frame.
Design – Rivmedia will design the website in accordance with the package chosen. Design work above and beyond the brief or that varies from original content structure supplied by the client and within suppplied quote may be requested at an additional charge. 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.
Content – It is the client’s sole responsibility to provide all content (text and images) for the website package they have chosen. Rivmedia can provide the services of a professional copywriter if required at an additional cost. Stock images can also be provided at an additional cost if required. Rivmedia is not responsible for the images and content published on the website. Please read our terms below on images, ownership copyrights and trademarks. Rivmedia aims to complete a high quality design for their customers at a very low price. To ensure we can provide best service to our customers, we expect that the customers provide appropriate and definite information for all the design work. While our designs will accommodate any change requests during the designing process, we may however, need to charge for any rework that may go beyond the prescribed designing hours for each design package.
Images and media – Please see details following on Copyright & Trademarks, and Ownership. All images used within a website or print document must comply with Australian copyright regulations.
The following is applicable to all website designs that include stock images provided by Rivmedia: Rivmedia purchases stock images that are provided with either a standard or extended license agreement. This license agreement gives Rivmedia the authority to use the image without infringing on any copyright, moral right, trademark or other intellectual property right or violate any right of privacy or publicity. The license agreement is not transferable and does not allow Rivmedia to give the images away.
Should the client transfer the website to another designer, or hosting provider, or cease to continue using the services of Rivmedia for any reason, the client will be required to purchase all stock images with the license agreement.
A standard license is generally included in the purchase price of most stock images giving the owner the right to use the image on the web only. Should any image be required for printing, a higher resolution image will need to be purchased at an additional cost, and in some cases the extended license will need to be purchased which gives authority to print large quantities.
Photo Galleries –The following is applicable to all of our website packages that include a photo gallery: Rivmedia will design the initial photo gallery and upload no more than the the number of images stipulated in your quote. The client is responsible for supplying all images for the galleries in correct format, size and compression (instructions for image specifications will be provided). If the specificiation instructions provided are not followed, Rivmedia will not be held accountable for less than desirable results. Rivmedia will not provide software and/or tutorials on how to edit the images accordingly but can provide a photo editing service for an additional fee if required.
Compatibility – While Rivmedia will make reasonable efforts to design a cross-platform compatible website, compatibility with all browsers is not guaranteed.
Proofing Stage – Once the website has reached proofing stage, the client must respond with any feedback and/or change requests within a two week period to avoid delays in the client’s and other websites currently being developed by Rivmedia being published. If the client fails to provide any feedback and/or change requests during this time, the project will be considered complete and handed over to the client as is. The client can request more time if needed but a $50/week administration fee to keep the project active will apply for each additional week requested.
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 project has been published on the client’s specified domain and hosting account the website is considered to be live and published designating the end of the design project. It is the Clients sole responsibility to finalise content for the website. Rivmedia is not responsible for unfinished pages after publication, additional design works after publication will incur a $60 per hour fee. The client also gives permission for a credit link to be included in the footer of the site.
Website Maintenance & Support – 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/or 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. These files will be provided to the client in a zip folder at which point it is their responsibility to store. 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. Client accepts full responsibility and absolves Rivmedia from any responsibility for the website after publication.
Ownership – Unless advised otherwise, the person or legal entity who purchased the design package is the exclusive owner of the website design content which includes the uploaded files that are stored within the allocated web server providing full payment has been received. This does not include: any code source files, any original stock images, any photoshop (.psd), illustrator (.eps or .ai), inDesign (.indd), or any flash (.fla) source files – these original source files remain the property of Rivmedia. Cancellation of a design agreement, ceasing to continue with services provided by Rivmedia, or failure to make payment releases the client of any ownership rights.
Copyrights and Trademarks – Rivmedia is not responsible for the images and content published on the designed websites. 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.
Website Maintenance and Support
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. If your package includes Website Edits and Support, these are performed at any time within the calendar month (after successful subscription payment)
Unused Website Edits & Support – If you don’t use all of the available website edit and support time available in your package unfortunately this is forfeited, we won’t roll them over into the following month/s and they non-refundable.
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 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 we will restore your website to how it was before the update (no extra charge) providing the last backup created after our updates is still available either on the client’s server or other storage system (e.g. dropbox, local computer, google drive etc.).
Subscription term – If on a recurring maintenance package (subscription) you may cancel your plan at any time, for any reason, by following the instructions on our website or by contacting us in writing to request we cancel your plan on your behalf. Conversely we may terminate your subscription immediately and without notice if you fail to comply with any of the terms in this Agreement.
Website Edits & Support – 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.
You can also use the available website edits & support time to request email support where we can respond to your questions, provide education and so on. Support questions are usually centred around how to use particular features, how to edit content within certain parts of your website and so on.
If any website edit & support requests fall outside the scope of what this service entails you will be notified prior to any work commencing and the work will be quoted accordingly.
Website Back-ups – We ensure facilities are in place to automatically back-up your site on regular intervals. These back-up sets are stored either on your hosting server or 3rd party storage option. Rivmedia will also store the most recent back-up set on our personal storage hard drives. Only the most recent back-up set will be stored on our personal hard drives; 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 also download and store them periodically.
Support tickets – Tickets are restricted to a maximum time allowance of 30 minutes or when your question is answered, issue resolved or work completed (whichever comes first). Correspondence will be conducted via email (sometimes phone if required). On the off chance that we are unable to help you (e.g. its outside the scope of what we can provide via this service), you will be notified before any work commences and provided with a full refund. If you cease to communicate with us, tickets expire 1 month after purchase and are non-refundable.
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 in regard to 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.
Projects quoted above $500 require a 25% deposit before the commencement of any work with the remaining balance due upon completion. Projects quoted above $1000 require a 35% deposit before the commencement of any work. When the project is nearing completion (as determined by Rivmedia), a second progress payment of 35% of the quoted price is required with the remaining 30% balance due upon completion.
Payments may be made via cheque, direct bank deposit, paypal or credit card. All payments are non-refundable once the design process has begun. Rivmedia will not release completed projects to the customer until full payment has been received.
Overdue payments – In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.
Interest – Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid.
Cancellation Policy – Either party may terminate the agreement upon giving written notice to the other via email or registered post. Upon termination of the agreement by the Client or by Rivmedia, Rivmedia may retain payment/s made and may require additional payment, whatever is required to compensate for all hours expended on the Project up to the date of termination at Rivmedia’s standard rates together with all other amounts due here under. Any initial payment that has been received shall be credited against any such amounts due. All indemnities shall continue even after any such termination.
Graphic Design Services – Logo design projects are purchased and paid for in full in advance and work usually commences within 1 business day. Refund requests must be made prior to any work being commenced and must be received in writing. After work has commenced, time spent on the project and other expenses related to development of the project are required to be compensated for so only a partial refund may be provided, to be determined by Rivmedia. After a proof has been accepted, no refund is available on graphic and design services.
Web Development Services – The deposit payment specified in your quote is non-refundable in all circumstances. Requests for refunds, after the deposit payment’s associated Milestone Tasks have been achieved, must be presented to Rivmedia in writing. Refund requests must be made prior to Rivmedia receiving written (including via email) or verbal authorisation or approval of acceptance of services performed. In the event that the deposit amount does not fully cover the development time spent on the project and other expenses related to development of the project then additional payment will be due to be determined by Rivmedia.
Non-refundable Services – The following payments are not refundable:
– Website Design Deposit payment
– Subsequent Website Design installment payments for milestone achievements, for example the second 35% installment for a website development package.
– Website Maintenance plans (both recurring and single) once work has been carried out
– Pay-as-you-go Website Maintenance
– Website support services once work has been carried out or after 6 months
How Refunds Are Processed – If you are entitled to a refund, they will be processed via the manner in which they were paid with the exception of cash or cheque payments which will be refunded via direct bank deposit only.
The following terms and conditions relate to the purchase and use of subscription based products sold by Rivmedia.
- Details of the cost and benefits of the subscription products/services are as set out on our website and accordingly updated from time to time
- Apart from your cancellation right, termination of a subscription product will be regulated by this contract as set out below
- 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.
- The prices payable for subscription products are clearly set out on our website
- Prices are inclusive of any applicable goods and services tax or other sales tax.
- When you subscribe for 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 renewal of your subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your subscription for a further period by sending you an email message
- 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 November, they will pay again on the 15th December and so on. Some products however are on a synchronised system which means that each payment is processed on a specified day each month, by default this is the 1st of the month. If you sign up on the 20th of January for example, all you will pay is the sign-up fee (if there is one) and your first subscription payment won’t be processed until the 1st of February. The next renewal will then be processed on the 1st of March and so on.
- Failed recurring payments will be retried automatically. By default, the subscription payment will be retried 5 times over 7 days. If payment still fails, your subscription will be cancelled and no further work will be performed.
- At any time before renewal of your subscription, you may use the “My Account” section on our website to cancel your subscription for any reason, with immediate effect. Or; you can notify us in writing of your wish to cancel and we can perform this action for you.
- All subscription payments are non-refundable and non-transferable without exception when cancelled by the customer once work has been carried out
- We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
- Termination by either party shall have the following effects:
- your right to use the services immediately ceases;
- we are under no obligation to forward any unread or unsent messages to you or any third party or provide any further information and/or support;
- There shall be no reimbursement or credit if the service is terminated due to your violation of the terms of this agreement.
- We retain the right, at our sole discretion, to terminate any and 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.
Interruption to Services
- If it is necessary for us to interrupt the services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
- You acknowledge that the services may also be interrupted for many reasons beyond our control.
- You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the services.
Security of your credit card
We take care to make our website safe for you to use.
- Card payments are processed securely via Stripe or Paypal who encrypt your card or account details in a secure environment. We also have an SSL certificate installed on Our Website.
- If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
Website Payment Plans
The following terms and conditions relate to the purchase and use of a website payment plan. As this is a subscription based product please also refer to the terms listed above for “Payments (Subscriptions)“
During repayment period – Work on the website will commence immediately following receipt of the initial deposit payment and installment. Upon completion of the website Rivmedia retains sole ownership of the website. The customer will be be given access to the site but it will be restricted to an “editor” role. This means you can access all of the content, but not the website’s themes, plugins, widgets or settings. In short, you can work with all of the content (pages, posts etc.), but cannot change any settings. If e-commerce is installed on your site, you will also be given the role of “shop manager” so you can manage the e-commerce section of your website and your products and orders. Any updates required outside the scope of the customers role will have to be performed by Rivmedia (which is billable).
If you would like a dedicated domain email address during this period, Rivmedia will set this up within our servers while your website is hosted with us but it will be restricted to 250mb of storage space.
Payments – For payment plans we only accept credit card payments (Visa & Mastercard) which is processed through Stripe. Once a payment plan term has been agreed upon it cannot be altered. A service fee applies to all payment plans to cover the additional costs; the fee is 1.5% of your total quoted price which is applied to each installment. This fee is non-negotiable and non-refundable.
All of our website payment plans are on a monthly billing schedule and the date the payment is processed is based on the day it is purchased. For example, if your payment plan is purchased on the 15th November, your next installment will be processed on the 15th December and so on.
If an installment payment fails and isn’t received within 30 days the website will be taken off-line until the debt is recovered.
Early Payouts – Should your circumstances change you can end the payment plan early with no early payout fees. We require at least 7 days notice before your next subscription payment is due to processed. Failure to give sufficient notification may require your early payout to be proceed in the following subscription renewal date.
Payment Plan completion – Once full payment is complete you will obtain full ownership, the site will be transferred to your own hosting & unrestricted access will be enabled.
Cancellations – This is an agreement like any other and you will still be obligated by these terms and conditions to pay for your website as you would were you paying for it upfront. You can cancel your web design project with us however we will retain payment/s made and may require additional payment, whatever is required to compensate for all hours expended on the Project up to the date of termination at Rivmedia’s standard rates together with all other amounts due here under. Any initial payment that has been received shall be credited against any such amounts due. All indemnities shall continue even after any such termination.