Terms and Conditions

 

  1. Acceptance of Terms
    By using the services offered by Tiny Tomato Design (“Company”), you agree to the terms and conditions (“Terms”) stated herein.
  2. Services
    The Company offers a wide range of digital branding and marketing services specialized for real estate professionals, including but not limited to: logos, branding, lead generation, marketing, website design and set up, copywriting, online advertising, social media management, print media, business stationary, marketing material, merchandise, email marketing (“Services”).
  3. Pricing and Payment
    Pricing is determined on a case-by-case basis. A non-refundable 35% deposit is required to initiate work, with the remaining balance due either upon project completion or within 30 days, unless specified otherwise. If the project extends beyond 30 days or the specified timeframe, an additional 90-day window (after full payment) is provided for project completion. Your full engagement and commitment within the specified timeframes are essential. We understand that unforeseen circumstances may arise; in such cases, please promptly notify Tiny Tomato Design within the 90-day period for potential refunds. Failure to do so will void any opportunity for refunds, as none can be issued after this 90-day period. These policies are crucial to maintaining Tiny Tomato Design’s demanding schedule and ensuring long-term business sustainability. Late payments may incur additional fees, and we reserve the right to terminate services for non-compliance with these terms. Payment details and terms are specified in the initial quote, email correspondence, and/or the deposit invoice.
  4. Intellectual Property
    All work produced by the Company remains the intellectual property of the Company. This includes proprietary designs that cannot be replicated by anyone else. While clients retain ownership and copyright of the final product, the Company reserves the right to use any and all work in its portfolio and other promotional materials. The Company will honor client requests to withhold certain personal details, such as addresses, phone numbers, or emails, if requested prior to the start of the project.
  5. Client-Supplied Content and Copyright
    All materials provided by the client for inclusion in the project (including but not limited to images, text, and fonts) must be either owned by the client or accompanied by the appropriate permissions for use. By supplying such materials, the client affirms they have the right to use them and agrees to indemnify the Company against any copyright infringement claims arising from the use of these materials. The client further acknowledges their responsibility to conduct final checks on the completed project, including but not limited to, the logo design, to ensure it meets their approval and complies with all relevant copyright laws.
  6. Guarantees
    The Company offers two guarantees, applicable only for purchases of the Godfather offer: The Listing Opportunity Guarantee and the Money-Back Guarantee. The Listing Opportunity Guarantee ensures a minimum of 100 listing opportunities (leads) within 90 days following a 30-day learning phase. It is important to clarify that a ‘listing opportunity’ refers to the generation of a lead, which is defined as the acquisition of a name, phone number, and email address. These leads may represent potential buyers, sellers, or other generated. A lead remains classified as a ‘listing opportunity’ even if the contact information provided is incorrect or incomplete. Should the Company fail to meet this guarantee, they will work for free until the goal is met or offer a $1k compensation. The Money-Back Guarantee offers a full refund if the client finds themselves dissatisfied with the services rendered by the Company. This condition holds valid either upon the completion of the project/item or within a window of 30 days. To activate this clause, the client is required to formally articulate their discontent in written documentation. It is imperative to note that once the client bestows their approval on any item, whether through verbal communication or electronic mail, they subsequently relinquish any right to reverse their decision or express dissatisfaction pertaining to the approved item at a later date. From that point forward, the client’s eligibility for a refund under the Money-Back Guarantee is strictly limited to the items that remain unapproved, provided it is still within the 30-day window.
  7. Website Hosting and Maintenance
    Website hosting and maintenance service offered by the Company becomes void if anyone other than the Company edits or modifies the site. The Company uses third-party themes and plugins for its web design services and holds no responsibility for third-party failures or obsolescence.
  8. Third-party applications
    The Company uses third-party applications and plugins for web design services. While we make every effort to integrate these tools, the Company is not responsible for issues arising from these third-party applications, including but not limited to IDX feeds, RealtyPress, and DDF feeds.
  9. Quality Control
    While the Company implements stringent Quality Control measures, we hold no responsibility for any errors in final marketing materials. Clients are required to provide final proof, approval, and sign-off. The same applies to broker requirements or Realtor® rules. While the Company employs rigorous quality control measures and strives for originality in all designs, we acknowledge the challenges of creating entirely unique designs in a market with potential for common themes, especially in initials, icon logos, and real estate style logos. The client recognizes that despite our best efforts, absolute uniqueness in design cannot be guaranteed, and similarities to existing market designs may unintentionally occur.
  10. Fonts and Printing
    Fonts used by the Company are not provided to clients, and any necessary work involving fonts must be done by the Company unless the client purchases rights. The Company is not responsible for any discrepancies between approved on-screen designs and final prints, as we work strictly in RGB. Clients should work directly with professional printers to achieve desired print results. For designs requiring specific fonts, the Company will use licensed fonts within the scope of our services. Should the client wish to use a specific font not already licensed by the Company for DIY purposes or otherwise, it is the client’s responsibility to acquire and provide proof of the necessary licensing for that font’s use. This ensures compliance with copyright laws and respects the intellectual properties of font creators.
  11. Claims and Representations
    The Company’s usage of the term “leading” and phrase “Canada / US Leading Agency” does not imply ranking but reflects our commitment to quality, price, and results. Our claims of being in business for 12 years and generating $100 million in gross income refer to the career of our founder, Kym Dyson, including all his previous businesses, not just Tiny Tomato Design.
  12. Indemnification
    The client agrees to indemnify and hold harmless the Company and its agents, officers, and employees from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your use of the Company’s Services.
  13. Dispute Resolution
    Any dispute arising out of or related to these Terms and Conditions or the Services provided by the Company shall be settled by arbitration in Adelaide, South Australia, in accordance with the rules of the Australian Centre for International Commercial Arbitration then in effect. Judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy.
  14. Termination of Services
    The Company reserves the right to terminate any Services for any reason at any stage with a written notice of 14 days. In the event of termination, all outstanding payments are due immediately.
  15. Limitation of Liability
    In no event shall the Company be liable for any indirect, special, incidental, consequential, or punitive damages (including lost profits) arising out of, relating to, or connected with the use of, or inability to use the Services, or for any claim by any other party, even if the Company has been advised of the possibility of such damages. The Company’s total liability for any claim arising out of or relating to these Terms or our Services shall not exceed the amount paid by the client for the Services.
  16. Refund Policy
    Unless covered by the Money-Back Guarantee, all payments to the Company are non-refundable. Services interrupted or terminated due to the client’s violation of these Terms will not be refunded.
  17. Exclusive Rights and Restrictions
    All designs, marketing materials, and other work produced by Tiny Tomato Design are the exclusive property of Tiny Tomato Design and the client. These works are protected under intellectual property laws and cannot be shared, copied, reproduced, or sold by anyone other than the client or Tiny Tomato Design. Any unauthorized use, distribution, or reproduction of our work is strictly prohibited and will be prosecuted to the fullest extent of the law. All rights reserved by Tiny Tomato Design and the client for their respective contributions.
  18. Ownership and Usage of Work
    Unless covered by the Money-Back Guarantee, all payments to the Company are non-refundable. Services interrupted or terminated due to the client’s violation of these Terms will not be refunded.
  19. Image Use Disclaimer
    Some imagery displayed throughout this website is used exclusively for the purpose of conceptual visualization. These images are neither offered for sale nor utilized for direct commercial promotion. Our showcased designs represent the unique and original work of our team, enhanced with photographic content to envision potential applications and design concepts. Their inclusion is intended solely to aid in conveying the possible aesthetics and functionalities of our designs. We plan for these images to be substituted with appropriately licensed imagery or imagery supplied directly by clients before any public or commercial use of the final products. The usage of these images on our website is strictly confined to demonstrating design capabilities and potential. We strictly prohibit the reproduction, redistribution, or any form of use of these images outside the context provided here, without obtaining the necessary rights or permissions from the rightful copyright holders. Photography used for conceptual purposes has been approved by our clients, or clients have supplied images they claim to have rights to. If there are any concerns or issues with the images used, please reach out to us directly, and they will be addressed promptly.
  20. Refund Policy
    Tiny Tomato Design retains ownership of all original design and marketing materials, including but not limited to native working files. These files are proprietary and remain the intellectual property of Tiny Tomato Design indefinitely. We do not provide native working files as part of our standard service offerings. However, under certain circumstances, Tiny Tomato Design may agree to release specific files to the client for a fee, determined at Tiny Tomato Design’s discretion. This ensures that the integrity and exclusivity of our work are maintained, while also providing flexibility to meet our clients’ needs.
  21. Special Provisions for Listing Presentations, Buyers Guides, and Marketing Materials
    Our listing presentations, buyers guides, and other specialized marketing materials represent significant intellectual property value, estimated at $5000 each due to the extensive research, design, and development involved. Tiny Tomato Design retains full ownership of these materials, including native files, to prevent unauthorized copying and distribution. We offer these materials at a substantially reduced rate, reflecting only our hourly rate for customization and branding for individual agents. This allows agents to whitelist the material (granting full copyrights for their use, one per agent) without accessing the native files. The provision of print-ready and digital e-mailable PDFs grants agents all necessary rights for their use. Our policy is designed to protect the investment and intellectual labor that Tiny Tomato Design has put into these materials, ensuring that they can be offered to our clients at an exceptional value. Rest assured, your customized files will be securely stored on our server for future access and amendments by Tiny Tomato Design.
  22. Subscription Services
    Our subscription-based services are offered on a recurring billing cycle, with the specifics of the billing frequency and scope of services detailed in each client’s individual agreement. Depending on agreement clients may cancel their subscription with a 30 day written notice prior to the next billing cycle. Tiny Tomato Design reserves the right to terminate any subscription at any time. In such cases, clients will be provided with a prorated refund based on the unused portion of the service, unless the termination is due to a violation of these Terms and Conditions, in which case no refund will be issued.
  23. Service Termination
    Tiny Tomato Design may terminate services, including but not limited to subscriptions and funnels, at its sole discretion. Clients will be notified of such termination with a 7 day notice. Upon termination, all outstanding work will be delivered to the client in its current state, and no additional work will commence. If the termination is not due to a client’s breach of these Terms and Conditions, a prorated refund for prepaid but undelivered services may be issued.
  24. Service Level Agreements (SLAs)
    For services requiring ongoing support or maintenance, Tiny Tomato Design commits to meeting the service levels as specified in the individual client agreements. These SLAs outline our response times and the quality of service clients can expect.
  25. Changes to Services Offered
    We continually evolve our services to stay ahead of market trends and to provide the best value to our clients. Tiny Tomato Design reserves the right to modify, replace, or discontinue any services listed, at our discretion, provided that clients are given reasonable notice of such changes.
  26. Privacy Policy
    The client’s use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference.
  27. Force Majeure
    Neither party will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (e.g., natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
  28. Updates to Terms and Conditions
    The Company reserves the right to modify these Terms and Conditions at any time. Continued use of our Services after a change in the Terms constitutes agreement to the revised Terms. Clients are advised to review these Terms periodically for any updates or changes.

 

By using our Services, you agree to these Terms and Conditions. If you do not agree with these terms, please do not use our Services. The Company reserves the right to modify these terms and conditions at any time.

 

Last Updated: November 23, 2018

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