Please find below Terms and Conditions set out by TomTheDeveloper.com. The included form is for customers only, who have agreed with TomTheDeveloper a service in which they wish to purchase. Please however, feel free to read these Terms and Conditions before contacting TomTheDeveloper.
If you are inquiring about a particular service please use the Contact Me Page.
Use of TomTheDeveloper services constitutes your acceptance of these terms and conditions which take effect at the time of payment.
If you do not accept these terms and conditions TomTheDeveloper can not proceed with any business relationship.
TomTheDeveloper reserves the right to change these terms and conditions at any time by posting changes on-line, you will also receive email notification. It is your responsibility to refer to these terms and conditions.
Continued service from TomTheDeveloper after such changes to the terms and conditions constitutes acceptance of those posted changes.
Documentation provided by TomTheDeveloper may not be copied, reproduced, republished, posted, or transmitted in any way except for your own personal use.
TomTheDeveloper reserves the right to suspend or terminate your services without notice.
You agree to indemnify, hold harmless and defend TomTheDeveloper from any and all loss, damage and expense incurred by TomTheDeveloper on account of any claim or lawsuit arising out of or related to your use of TomTheDeveloper services.
You accept that when you cancel your agreement, TomTheDeveloper can no longer be responsible in any way for your feed.
TomTheDeveloper will not be liable for any claims, losses, including but not limited to direct or indirect loss or damage arising from use of TomtheDeveloper services.
Communication with TomtheDeveloper is strictly confidential and transmitted through email or IM (Instant Messaging) only.
Communication will be conducted at such times relating to Time Zone and location, currently U.K, (GMT)
If it is found that customer is in breach of related Terms and Conditions from TomTheDeveloper, Google Base or associated companies, termination will take place, at no time will customer be liable for a full or part refund.
Delivery Times are varied and will relate to complexity and/or workload. An estimation will be provided, however, this will be an approximation only.
1. Payment & Charges
1.1 All required services are payable in advance of work commencing.
1.2 Future Transactions by loyal customers may be given on a part payment agreement, given at TomTheDeveloper’s discretion.
1.3 Pricing displayed at TomTheDeveloper.com are subject to change.
1.4 Pricing displayed at TomTheDeveloper.com are for guide purposes, a higher charge may be payable.
1.5 Failure to pay will result in suspension and possible termination of service.
1.6 TomTheDeveloper offers a no refund policy.
1.7 Payment method will be agreed at time of invoice.
2. Privacy
2.1 TomTheDeveloper may require access details to all relevant areas of web space/control panels.
2.2 Personal Information held by TomTheDeveloper will be done so with the strictest of confidence.
2.3 Login details will not be revealed to any individual out with TomTheDeveloper
2.4 Login details will be retained for future use up to termination of account.
2.5 Login details will be used for intended collection of relevant information only.
2.6 Matters disclosed within communication with TomTheDeveloper will be confidential.
3. Data Feed Creation Consultation
3.1 Any assistance over and above the created report will be charged at TomTheDeveloper’s hourly rate, billed in two hour instalments.
3.2 In the event that a requests for TomTheDeveloper to carry out completion is received after failure to implement given report, will results in the full Creation and Management fee. At which time All terms and conditions relating to Creation and Management must be agreed.
4. Data Feed Creation & Management
4.1 You hereby accept that the created feed will remain under TomTheDeveloper’s control and management.
4.2 Monthly management fees are payable quarterly on the first (1st) of the relevant months.
4.3 Failure to pay monthly management fees will see your account suspended from upload. Normal procedure will commence on receipt of payment
4.4 Cancellation of monthly management must be given a month prior to next payable instalment.
4.5 Assistance from TomTheDeveloper in taking control of your account will be chargeable.
4.6 Monthly payments do not cover further optimization of feed, unless management is chosen at higher level.
4.7 A monthly Statistic report will be delivered on the last Friday of every month, delays may occur at busier periods, e.g. Christmas etc.
4.8 Management costs will remain the same for the length of your agreement with TomTheDeveloper
4.9 Yearly management can be paid and a discount will be given
4.10 No refund will be given if cancelled within these 12 months
5. Creation and Management with Monthly Optimisation
(See 4. Data Feed Creation & Management)
5.1 Optimization will be carried out on an one hour per month basis.
5.2 Optimization in (1) one hour periods will not see dramatic change in most cases.
5.3 Optimization over the (1) one hour periods are offered as an extra service, see Further Optimization for more details.
5.4 Optimization will be carried out by TomTheDeveloper in order of importance.
6. Level 1 - Optimization - Consultation
6.1 Optimization must be carried out by you or a member of your technical/web team.
6.2 Any assistance you may require from TomTheDeveloper will be charged over and above at the hourly support rate.
6.3 Suggestions included within report are from TomTheDeveloper’s experience and offer no guarantee of better rankings.
6.4 If further optimization is required, the full rate of Level 2/Level 3 Optimization/Consultation will be payable.
7. Level 2 – Optimization – Consultation
7.1 Optimization must be carried out by you or a member of your technical/web team.
7.2 Any assistance you may require from TomTheDeveloper will be charged over and above, at the hourly support rate.
7.3 Suggestions included within report(s) are from TomTheDeveloper’s experience and offer no guarantee of better rankings.
7.4 If further optimization is required, a discount will be given on Level 3 Optimization/Consultation.
7.5 Discount will be percentage based and at the discrepancy of TomTheDeveloper.
7.6 Remaining optimization work will reflect discount given.
8. Level 3 – Optimization – Consultation
8.1 Optimization must be carried out by you or a member of your technical/web team.
8.2 Any assistance you may require from TomTheDeveloper will be charged over and above at the hourly support rate.
8.3 Suggestions included within report(s) are from TomTheDeveloper’s experience and offer no guarantee of better rankings.
8.4 Competitor analysis will be carried out and included within findings of report.
8.5 Competitor analysis can vary in information available and may return little or no results.
8.6 If competitor analysis returns poor results, no refund will be given, as this is out with TomTheDeveloper’s control.
9. Level 4 – Optimization & Management
9.1 You hereby accept that the optimised feed will remain under TomTheDeveloper’s control and management.
9.2 Monthly management fees are payable quarterly on the first (1st) of the relevant months.
9.3 Failure to pay monthly management fees will see your account suspended from upload. Normal procedure will commence on receipt of payment
9.4 Cancellation of monthly management must be given a month prior to next payable instalment.
9.5 On cancellation of monthly management, all data provided by customer to TomTheDeveloper will be returned in its original state.
9.6 Assistance from TomTheDeveloper in taking control of your account will be chargeable.
9.7 Monthly payments do not cover further optimization of feed, unless management is chosen at higher level.
9.8 A monthly statistic report will be delivered on the last Friday of every month, delays may occur at busier periods, e.g. Christmas etc.
9.9 Management costs will remain the same for the length of your agreement with TomTheDeveloper
9.10 Yearly management can be paid and a discount will be given
9.11 No refund will be given if cancelled within these 12 months
10. Support – Level 1
10.1 TomTheDeveloper charges in instalments of (2) two hours.
10.2 TomTheDeveloper may charge further on this initial period if the problem is yet to be resolved.
10.3 TomTheDeveloper will notify of any further charges before proceeding.
10.4 If TomTheDeveloper resolves issue sooner than anticipated, no refund will be given on remaining paid support.
11. Support – Level 2
(See 10. Support – Level 1)
11.1 Further issues that may arise or if you, the customer, recreate the problem, further support charges will be payable.
12. Management
12.1 Monthly management fees are payable quarterly on the first (1st) of the relevant months.
12.2 Failure to pay monthly management fees will see your account suspended from upload. Normal procedure will commence on receipt of payment
12.3 Cancellation of monthly management must be given a month prior to next payable instalment.
12.4 Assistance from TomTheDeveloper in taking control of your account will be chargeable.
12.5 Monthly payments do not cover further optimization of feed, unless management is chosen at higher level.
12.6 A monthly statistic report will be delivered on the last Friday of every month, delays may occur at busier periods, e.g. Christmas etc.
12.7 Management costs will remain the same for the length of your agreement with TomTheDeveloper
12.8 Yearly management can be paid and a discount will be given
12.9 No refund will be given if cancelled within these 12 months
13. Management and Optimisation
(See 12. Management)
13.1 Optimization will be carried out on an one hour per month basis.
13.2 Optimization in (1) one hour periods will not see dramatic change in most cases.
13.3 Optimization over the (1) one hour periods are offered as an extra service, see Further Optimization for more details.
13.4 Optimization will be carried out by TomTheDeveloper in order of importance.
13.5 On cancellation of monthly management, all data provided by customer to TomTheDeveloper will be returned in its original state.
14. Further Optimization
14.1 Further optimisation is for Management with Optimisation customers and Optimisation and management customers only.
15. Guarantees
15.1 TomTheDeveloper offers no guarantee of success and/or resolution through TomTheDeveloper’s services.
16. Closing
16.1 If you are interested in any of the above services and would like a personalised quote please email me.
16.2 I am well respected in the Google Base Help Discussion Group and as a developer as you may be aware thus giving me a heads up in most commonly incurred issues and newly discovered problems/features. There has so far been no issue that has had me beat and therefore I am confident that I can conduct your future with Google Base in a professional and rewarding manner. I have been recognised by Google as a developer in their Google Featured Products and would never do anything to jeopardise my standing within the Google Base Community. I hope this documentation has been of some assistance and I will be working with you soon.
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For a copy of these terms please ask within payment notes or email your request.
Revised : 21/11/2009