Vimeo Enterprise Terms
Last Updated: April 23, 2018
These Vimeo Enterprise Terms (“Enterprise Terms”) apply to service agreements or order forms (each such executed document, an “Order Form”) that have been executed by Vimeo, Inc. or one of its subsidiaries (“us,” “we”, or “Vimeo Entity”) and a customer (“you,” “your,” or “Customer”). These Enterprise Terms apply do not apply to customers who have made a purchase solely through our websites or applications (i.e., self-serve customers) without an individually executed order form.
Additional Terms and Conditions
The service(s) and you have ordered in your Order Form will be governed by these Enterprise Terms and the online terms of service applicable to that service or product (each, an “Online Agreement”):
|Product or Service||Vimeo Entity||Additional Online Terms|
|Vimeo OTT Services||VHX Corporation||https://www.vhx.tv/admin/tos|
|Vimeo.com Custom Account||Vimeo, Inc.||https://vimeo.com/terms|
|Livestream Services||Livestream, LLC||https://livestream.com/terms/platform|
Term and Automatic Renewal of Service Plans
Your subscription service will begin on the Start Date set forth in your Order Form and will continue for the Initial Service Period stated therein. Thereafter, your subscription will automatically renew for successive 12-month periods unless you provide at least 30 days’ written notice of termination before a renewal period begins.
Termination for Breach; Account Suspension; Late Payments
We may terminate, suspend, or limit your service with or without notice if you materially breach your Agreement with us by, among other things, violating our acceptable use policies (e.g., by streaming content that infringes another party’s intellectual property rights). In the event we terminate or suspend your account, you will continue to be responsible for all fees and you will not receive any revenue share that you would otherwise be entitled to. Any such revenue share shall be forfeited.
In the event of late payments or nonpayment: (i) we may deduct amounts owed from any revenue owed to you until all amounts are paid; (ii) we may suspend or limit service to you until all amounts are paid; (iii) we may charge you interest of up to 1.5% per month or the maximum allowable by law (whichever is lower) on past-due amounts; and (iv) you agree to pay our reasonable costs of collection (including court filing fees and attorneys’ fees).
Fees and Prices
You will pay the fees set forth in your Order Form and any additional fees that are payable hereunder. We may increase subscription service fees by up to 5% annually. Any price increase will be effective on the start of the renewal period, if any.
All invoices are payable within 30 days. Monthly fees may be invoiced at the start of each month. Annual fees may be invoiced at the start of each 12-month period. Any variable fees (overage, transactional, etc.) will be invoiced on a monthly basis after the end of each month. Certain types of fees may be paid through systems we provide without an invoice. All amounts are expressed, and must be paid, in U.S. dollars.
As an enterprise customer, you are receiving premium pricing on our products. You are therefore not eligible to any refund policy, free-trial period, discount or special offer that we might offer to our self-serve customers.
Sales and value-added taxes may apply to all purchases, regardless of whether they are indicated in the Order Form. You are solely responsible for paying such taxes or demonstrating that you are exempt.
To the extent there is any inconsistency between any agreement, the following documents shall control, in this order: the Order Form (together with any other separately negotiated document), these Enterprise Terms, and the applicable Online Agreement. The foregoing documents, and each agreement or addendum expressly incorporated by reference therein, shall constitute the “Agreement” between us.
The Agreement constitutes the sole agreement and understanding between us as to the subject matter thereof and supersedes all prior agreements and understandings. No additional terms set forth in any subsequent “purchase order” will have any binding effect.