WE UPDATED OUR TERMS & CONDITIONS ON April 15, 2024
ACCEPTANCE OF TERMS
By using T.O.M Marketing's Services, whether or not you become a client (“User”, “You”, “Yourself”, “Your”), You agree to be bound by these Terms, which You acknowledge that You have read and understood.
We reserve the right, at Our sole discretion, to change, modify or otherwise alter these Terms at any time.
on a regular basis to keep Yourself informed of any changes.
EARNINGS AND INCOME DISCLAIMER:
T.O.M Marketing cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. Once a contract is bound, there are no refunds granted as work begins immediately for the services selected and stated within the signed contract. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax, or other professional advice. Use caution and always consult your accountant, lawyer, or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions, and results in life, and by signing into a servicing contract, you at no time shall attempt to hold us, T.O.M Marketing, liable for your decisions, actions, or results, under any circumstance.
Hours of Operation
T.O.M Marketing's corporate office is open Monday to Friday 8a.m. To 4p.m. CST. We close for all government observed holidays.
These policies and procedures apply to all T.O.M Marketing's products sold on this site or any other site owned by T.O.M Marketing that includes a link to this page.
Billing Address
Billing address must be the same as the shipping address if actual products are included in any of the selected services. Due to credit card procedures, we cannot ship to a different address than we bill to.
Refunds and Cancellations:
ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH T.O.M Marketing, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ALL ACCESS AND CONTENT CREATION DURING THE DURATION OF THE CONTRACT WILL BE TURNED OVER TO THE CUSTOMER WHO RETAINS EXPLICIT RIGHTS TO ALL SERVICES PROVIDED BY T.O.M Marketing.
T.O.M Marketing is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received by T.O.M Marketing on account of technical problems or traffic congestion online or on the Internet or at any website, or any combination thereof including any injury or damage to the customer’s or any other person’s computer related to or resulting from downloading or streaming any materials consistent with this agreement or subsequent use of any T.O.M Marketing owned web properties. If, for any reason, the services selected and agreed to within the signed contract are not conducted as planned, including as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of T.O.M Marketing which threatens or corrupts or adversely affects the administration, security, fairness, integrity, or proper conduct of our services, T.O.M Marketing reserves the right, in its sole discretion, to cancel, terminate, or suspend the services. ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, T.O.M Marketing RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
Management Period and Renewal Terms
a. Initial Management Period: This Agreement shall commence on the date of signing and continue for an initial period of three (3) months. During this period, the Customer agrees to retain the services of T.O.M Marketing as outlined in this Agreement. If the Customer terminates this Agreement within the first three months, a termination fee of $400 will be due to T.O.M Marketing to cover the costs of services and resources allocated for the duration of the Agreement.
b. Automatic Renewal: Upon completion of the initial three-month period, this Agreement shall automatically renew for successive thirty (30) day periods unless either party provides written notice of its intention not to renew at least thirty (30) days prior to the end of the current period.
c. Refundable Retainer: The retainer fee paid by the Customer is for the provision of the services outlined in this Agreement. This retainer is refundable upon completion of the initial three-month agreement period. Should the Customer decide to continue with our services, the retainer will be credited towards future services. Alternatively, if the Customer opts not to continue, the retainer will be refunded via check. In the event of cancellation or termination of this Agreement by either party before the end of the initial three-month period, for any reason, the retainer shall not be refunded, and the agreed-upon termination fee of $400 will be applied, recognizing the early cessation of the contracted services.
Term and TERMINATIONThe term of this Agreement shall commence on the date of signing and shall continue in full force and effect until terminated by either party upon at least 30 days prior written notice. The rights, duties, and obligations of the parties shall continue in full force during or following the period of the termination notice until termination, including the ordering and billing of advertising in media whose closing dates follow then such period. Upon receipt of notice of termination, T.O.M Marketing shall not commence work on any new advertisements but shall complete and place all advertisements previously approved by the Customer. All other rights and duties of the parties shall continue during the notice period, and the Customer shall be responsible to T.O.M Marketing for the payment of any contract obligations incurred with third parties during this period.
In the event that either the Customer or T.O.M Marketing desires to terminate all work in progress on advertisements commenced before receipt of notice of termination, it may be so agreed upon by mutual consent of the parties and determination of the compensation to be received by T.O.M Marketing for partially completed work.
CONFIDENTIALITY
- All terms and conditions of this Agreement (and any confidential information provided by the
Client to the Marketer or vice versa) during the term of the Agreement must be kept
confidential, unless the disclosure is required pursuant to process of law.
- Disclosing or using this information for any purpose beyond the scope of this Agreement (or
beyond the exceptions set forth above) is expressly forbidden without the prior consent of the
Parties.
- The Parties’ obligation to maintain confidentiality will survive termination of this Agreement
and remain in effect indefinitely.
RELATIONSHIP BETWEEN PARTIES
- Hereby, the Parties agree that the Marketer in this Agreement is an independent contractor, as
he/she provides the services hereunder and acts as an independent contractor.
- The Marketer shall not be considered an employee under any circumstances.
- This Agreement does not create any other partnership between the Parties.
- This Agreement is an Agreement that is not based on exclusivity. Hence, the Parties are
entitled to enter into other Agreements with other parties.
OWNERSHIP
- The Parties agree that all products created by the Marketer will remain the exclusive property
of the Client, as long as it is relevant to the performance of the Services set forth in this
Agreement.
Your Account
You agree to provide accurate and complete information when you contract with, and as you use, T.O.M Marketing's Services, and you agree to update your account information to keep it accurate and complete. You agree that T.O.M Marketing may store and use the information you provide for use in maintaining and billing to your Account as per your signed contract for the duration of the contract.
INTELLECTUAL PROPERTY
- The Marketer agrees that any intellectual property provided to him/her by the Client will
remain the sole property of the Client, including (but not limited to) copyrights, patents, trade
secret rights, and other intellectual property rights associated with any ideas, concepts,
techniques, inventions, processes, works of authorship, Confidential Information, or trade
secrets.
- The Marketer will refrain from using such intellectual property upon the termination of this
Agreement.
LIMITATION OF LIABILITY
- Under no circumstances will either party be liable for any indirect, special, consequential, or
punitive damages (including lost profits) arising out of or relating to this Agreement or the
transactions it contemplates (including breach of contract, tort, negligence, or other form of
action)—if said damage is the direct result of one of the party’s negligence or breach.
AMENDMENTS
- The Parties agree that any amendments made to this Agreement must be made in writing and
signed by both Parties to this Agreement.
- As such, any amendments made by the Parties will be applied to this Agreement.
ASSIGNMENT
- The Parties hereby agree not to assign any of the responsibilities in this Agreement to a third
party unless consented by both Parties in writing.
ALTERNATIVE DISPUTE RESOLUTION- Any dispute or difference whatsoever arising out of or in connection with this Agreement
submitted to mediation, in accordance with and subject to the laws of New Jersey.
ENTIRE AGREEMENT
- This Agreement contains the entire agreement and understanding among the Parties hereto,
with respect to the subject matter hereof. It supersedes all prior agreements, understandings,
inducements, and conditions (express, implied, oral, written, or of any nature whatsoever with
respect to the subject matter hereof). The express terms hereof control and supersede any
course of performance and/or usage of the trade inconsistent with any of the terms hereof.
SEVERABILITY
- In an event when any provision of this Agreement is found to be void and unenforceable by a
court of competent jurisdiction, the remaining provisions will still be enforced, in accordance
with the Parties’ intention
ServicesSocial media management
: Monthly in-store strategy meeting & photo shoot, 15 custom branded social media posts, Offer & Industry specific, Custom branded content.
Email newsletter management
: Monthly in-store strategy meeting & photo shoot, up to 3 emails weekly,
Offer & Industry specific, Custom branded content.
Citations & reputation management
: 100+ available listings, Review management on all listings.
Meta Advertising
: One Campaign, Unique Ad, Creative Weekly reporting.
Google PPC (pay per click) Advertising
: 10 keywords, Weekly reporting
Website design
: 1-3 pages, 5 pages.
SEO
: Monthly on-site optimization,
20 keywords, Monthly reporting, 3 niche backlinks.
Website e-commerce integration
: Coming Soon!
Digital Stamp Loyalty Card
:
2 card designs, unlimited cards