Terms of Service
By using the Rimiv Digital services, you agree to be bound by the following terms and conditions. Rimiv Digital reserves the right to change the Terms and Conditions at any time without notice, and your continued use of Rimiv Digital constitutes your consent to such changes.
The column on the right provides a clearer, plain English overview of the terms of service, and is not legally binding.
| 1. DESCRIPTION OF SERVICES. Rimiv will provide an ongoing set of online services, including website design, copy and editorial development, search engine optimization, and website updates as described on the signup page for each specific service. | This means… We’ll provide the relevant service to you based on your subscription to our services. |
| 2. LIMITATIONS OF SCOPE. Rimiv will not be responsible for work that is beyond the scope of services set forth in the plan in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties. | This means… We provide services in accordance with your subscription, and while we are flexible in response to certain requests to alter the scope of work, there are limitations beyond which additional charges may occur. |
4. PAYMENT FOR SERVICES. For Websites: Client will be charged their Website Build Fee according to the payment terms in their quote; they will be charged their Managed Web Service Fee starting immediately after completion of the website build and recurring every thirty (30) days thereafter. For all Other Services: The date that Client signs up for their initial recurring service with Rimiv — not including Website Builds — is their “Billing Cycle Date.” Some services have a one-time Setup Fee which will be charged upon signup (on the initial Billing Cycle Date). For services without a one-time Setup Fee, Client will be charged their Monthly Recurring Fee once Rimiv’s work on a service has commenced (the first charge will be prorated for the month based on the Billing Cycle Date); Client will then be charged their Monthly Recurring Fee in full starting on the next Billing Cycle Date. If Client opts for a Yearly Recurring Fee for services, they will be charged the full Yearly Recurring Fee upon signup, with subsequent years’ charges on the same date. For all services with One-time Fees and no Monthly Recurring Fee, Client will likewise be charged the full amount upon signup. Invoices will be generated for every charge, and payment will be made by Client via credit card transactions or bank transfer. Rimiv reserves the right to collect late-payment charges of 1.5% per month on past due balances. |
This means… Your payments will be made via credit card or bank transfer, some upon signup, some when the work begins, and some based on your signup date (or “Billing Cycle Date”); in all cases, the payment schedule for your specific services will be made clear to you upon signup. |
5. COPYRIGHT. All content produced by Rimiv in accordance with Client’s website subscription — including copywriting, graphic design, and WordPress code — is copyrighted by Rimiv and shall remain the exclusive property of Rimiv until Client has paid in full for their Website Build Fee. After the Client has paid in full for their Website Build Fee, they may take possession of all content at any time — including copywriting, graphic design, and WordPress code — to be used indefinitely by Client for their company website and/or other marketing collateral without infringement on Rimiv’s copyrights. The usage will be restricted to the Client company only, and Client does not have any rights to resell, license, or otherwise allow 3rd-party use of the content. Rimiv provides three options for sending copyrighted website material to Client upon request: content export, full website backup file, full website backup file with managed migration. |
This means… We retain the copyrights for anything we create or license in accordance with your Website Build Fee until you have paid in full for said fee. If you end your relationship with us, you may make use of the copyrighted material to promote your business, but you may not resell it or present it as your own service in any way. |
| 6. CLIENT ACCOUNT. For the duration of the subscription to Rimiv services, Client agrees not to take any action that would expose Rimiv Technologies or other Rimiv Technologies clients to any undue risk, including but not limited to uploading malware or other malicious code, or attempting to disrupt, disable, or impair Rimiv Technologies services or products. Each Client will have access to a Client Company account wherein individual Client user accounts can be created. Each Client user is solely responsible for the confidentiality, security, and management of their own user account and agrees to accept responsibility for all activities that occur under the account, including but not limited to communications sent or received, services subscribed to, or payments made. If any unauthorized personnel gains access to a Client user account, the authorized user or a Client Company representative will notify Rimiv Technologies as soon as practicably possible upon learning of said access. Each Client user will take reasonable steps to ensure the security of their user account, including maintaining confidentiality of their user account password. | This means… We maintain a highly secure and efficient platform for our clients’ websites, so please do not do anything that could put that security at risk, and please adhere to all WordPress security and performance best practices. |
| 7. LINK. Customer hereby acknowledges and agrees that Rimiv shall have the right to use the name of Client, including the Client Web Site, for reference as a customer of Rimiv services for referral and marketing purposes. | This means… We’re proud to have you as a customer, so we might recommend others to check out your website as well. |
8. TERM/TERMINATION. Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. Rimiv will start Client’s subscription billing in accordance with the payment terms below, and any recurring billing shall automatically renew for subsequent one (1) month periods. Termination of this Agreement and subsequent billing requires a formal written or email notice delivered by Client to Rimiv at least thirty (30) days prior to the desired date of termination. Repeated failures by Client to make payment by billing due dates gives Rimiv the option to immediately terminate this Agreement. |
This means… If you fail to make payments on time, we can terminate the Agreement. If you would like to terminate the Agreement for any reason, you must give us thirty (30) days’ notice. |
9. PAYMENT FOR SERVICES. Your “Billing Cycle Date” is the date on which you sign up for your initial service with Rimiv. For all Website Services – You will be charged a one-time Production Fee upon signup; your Monthly Recurring Fee will start being charged on your next Billing Cycle Date. For all Other Services – You will be charged a prorated Monthly Recurring Fee once work on the service has commenced (if it is not your Billing Cycle Date); your full Monthly Recurring Fee will start being charged on your next Billing Cycle Date. Some services also have a one-time Setup Fee which will be charged upon signup. For all Yearly Recurring Services – You will be charged the full Yearly Recurring Fee upon signup, with subsequent years’ charges on the same date. For all Services with One-time Payments – You will be charged the full amount upon signup. Client will pay monthly fees to Rimiv for a subscription to services as described in plan above in effect at the time of this agreement and for the license to use the Rimiv web services, software, and licensed content in conjunction with these services. Payment will be made by credit card transactions or bank transfer. Invoices will include monthly subscription fees and any additional fees for elective or other additional Services that have been purchased by the Client. Invoices will be issued and transactions processed as described above. Rimiv reserves the right to assess and collect late-payment charges of 1.5% per month on past due balances. |
This means… We’ll process payments for the services we provide to you and send you regular invoices. Website monthly recurring fees will start 1 month after you sign up. |
10. MODIFICATIONS TO SERVICES AND PRICING. Rimiv reserves the right to modify or discontinue, either temporarily or permanently, any part of our services at any time by posting updates to our website. We may redesign certain services because we think they would be better, or we may stop accepting new signups to a service. Sometimes we change the pricing of our services. We usually exempt existing customers from those changes, but we may choose to change pricing for existing customers in certain situations. If we do, we will provide at least 30 days’ notice via your email address on record. |
This means… We might update or discontinue one of our services from time to time. If you’re already enrolled in a service that is changing, we’ll likely grandfather your subscription, so nothing changes for you. If we decide not to grandfather your subscription we’ll give you at least 30 days’ notice via email before implementing any changes. |
| 11. ACCEPTABLE USE. As part of the subscription to Rimiv services, Rimiv may provide services which are delivered by third parties and billed to Rimiv. Rimiv reserves the right to monitor the usage of these services, and, in the event that the usage is deemed excessive, to contact the Client to advise of the excessive usage, and to make arrangements to either decrease the usage of the relevant service(s), to bill the Client, in whole or in part, for the services delivered, or to throttle, suspend or terminate the use of the service. | This means… We provide some services at no additional cost to you, however, we need to place some limits on this in cases of excessive usage to ensure that this works for everyone. |
| 12. WARRANTY. Rimiv shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in Rimiv’s industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is”, and Rimiv disclaims, and Client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement, or any other warranty, condition, guaranty or representation related to the services. Rimiv does not warrant that the software or any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special, or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. | This means… We’ll do our best to provide a professional, reliable, and available service. We may occasionally experience interruptions in service, but we’ll do our best to avoid it, whether it’s our fault or not. |
| 13. LIMITATIONS OF LIABILITY. Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of Rimiv, Rimiv’s liability to pay damages for any losses incurred by Client as a result of breach of contract, negligence, or other tort committed by Rimiv, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent three (3) months of base fees paid under this agreement. In any case, Rimiv and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary, or special damages. In addition, Rimiv shall have no liability to Client arising from or relating to any third-party hardware, software, information or materials. Rimiv is also not liable for direct or indirect damages created by viruses, hackers, or other malicious or accidental destruction of systems or data, though Rimiv will attempt to prevent or minimize exposure to such risks. | This means… We aren’t liable for any damages or losses incurred outside of particular circumstances, and we’ll try to prevent any damage to our systems and data. |
| 14. INDEMNIFICATION. Subject to the provisions hereof, Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order, or settlement for third party claims brought against Rimiv and its licensors arising from products or services related to this Agreement. Conversely, Rimiv shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order, or settlement for third party claims brought against Client arising from the gross negligence or intentional misconduct of Rimiv. | This means… Outside of the previous conditions and in case of any legal disputes, we won’t be liable for any payments or settlements, and if you’re involved in any legal disputes due to something we’ve done or haven’t done, you won’t be liable. |
| 15. GOVERNING LAW. You agree that these Terms and Conditions shall be treated as though they were executed and performed in India and shall be governed by and construed in accordance with the laws of India (without regard to conflict of law principles). All legal proceedings arising out of or in connection with these Terms and Conditions or any other agreement related to the use of Rimiv services shall be brought solely in India. Rimiv Digital is an division of Rimiv Technologies. A106, Palm Spring, MindSpace, Malad West, Mumbai, Maharashta, India 400064. |