Terms & Conditions

Effective Date: April 23, 2025

This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) have engaged Tomato Promo (“Tomato Promo”, “we”, “us”) to perform certain Services as outlined herein. This is a legally binding agreement between you and Tomato Promo. By becoming a Tomato Promo Client, you agree to be legally bound by the terms and conditions set forth in this Agreement. The “Effective Date” of this Agreement shall be the date on which you submit your order for Services to Tomato Promo.

It is your responsibility to read through these terms in full so you fully understand what you are agreeing to.

100% Delight Guarantee / Money-Back Guarantee

We are committed to your success. Try our services risk-free! If you’re not happy with our work for any reason, let us know within 14 days of your first published post or content delivery. We’ll make it right. If we don’t, we’ll issue a full refund, no questions asked.

Conditions: This guarantee applies only to your first order. Refunds requested under this guarantee will be processed only after you confirm deletion of all content delivered by Tomato Promo under that order. You also commit to not use any content Tomato Promo created for your business once the refund is processed.

1. Services

Tomato Promo will provide content repurposing and/or ghostwriting services ("Services") to the Client as outlined on the Tomato Promo website (see pricing section) and selected by the Client during sign-up. Our core services involve transforming Client's existing content ("Seed Content" - e.g., videos, articles, podcasts) into formats suitable for other platforms, or creating original content based on Client's direction and brand voice.

1.1 Platform Access (Optional Scheduling): If you opt for our Done-For-You Scheduling service add-on, you grant Tomato Promo permission to access your specified social media accounts solely for the purpose of posting approved content. Due to the nature of working with third-party platforms (like LinkedIn, Facebook, Twitter, Instagram etc.), we cannot control issues such as temporary disconnections. If you change your account password or connection details, you must inform Tomato Promo immediately to avoid service interruption. Client agrees not to hold Tomato Promo liable for posting delays caused by access issues outside our direct control (e.g., platform outages, client changing passwords without notification). As long as we are creating and providing content for your review and approval according to your plan, we are fulfilling our primary Service obligation. Missed posts due to lockouts beyond Tomato Promo's fault are not grounds for a refund, though we will reschedule posts once access is restored.

1.2 Client Responsibility: You are responsible for providing necessary Seed Content (if applicable), brand guidelines, and timely feedback/approval for content drafts. We recommend reviewing content drafts and published posts regularly.

2. Tomato Promo Obligations

2.1 Tomato Promo will provide Services to the Client in accordance with our standard policies and procedures, exercising reasonable skill and care. Tomato Promo reserves the right to reject Clients for any reason, at our sole discretion.

2.2 All Tomato Promo rules, policies, and operating procedures concerning privacy, pricing, customer service, and other aspects of the Services will apply. Tomato Promo may change its rules, policies, and operating procedures (including pricing and package inclusions) from time to time at its sole discretion. Current terms will always be available on this page. Clients may be grandfathered into existing plans/pricing where feasible, but this is at Tomato Promo’s sole discretion.

3. Service Descriptions, Fees, and Payment

3.1 All fees for Services are due and payable in full, in advance of the service period (typically monthly). A valid credit card or other agreed payment method shall be kept on file for recurring charges.

3.2 Initial charges are paid in advance. Thereafter, Tomato Promo will attempt to charge the Client’s payment method on the monthly anniversary date of the initial order. Failure to pay by the due date may result in suspension of Services until full payment is received. Suspension for non-payment does not warrant fee proration.

3.3 Refund Policy: Except under the 14-day Money-Back Guarantee (Section 1), Tomato Promo does not issue refunds for any fees once the guarantee period has passed. Fees paid are for the time, effort, and expertise invested in creating and preparing your content. Fees are not contingent upon specific marketing results (e.g., engagement levels, follower growth). Client is paying for the service rendered. Tomato Promo may offer service credits for verifiable errors made on our part.

3.4 Cancellation Policy: Cancellations can typically be managed via your client portal or by contacting us at info@tomatopromo.com. We require notice before your next billing date. We do not issue prorated refunds for cancellations mid-billing cycle, but we will complete the work for the already paid period if requested.

3.5 Overdue Accounts: If work continues on an account that is past due without a formal cancellation request, accrued back-payments will be due. We maintain records of communications and work performed.

3.6 Service Start & Onboarding: Services officially commence upon sign-up and the start of the onboarding process (which includes understanding your brand, content needs, and setting up workflows). This initial work is included in your first payment. If onboarding is delayed beyond 7 business days due to Tomato Promo, we will adjust your billing date accordingly.

3.7 Agreement Supersedes: This Agreement supersedes all prior discussions or agreements regarding the Services, unless a formal written variance is signed by executive management at Tomato Promo.

4. Content & Approvals

4.1 Content Quality & Style: Content creation is subjective. We strive to match your brand voice and meet your expectations based on the information you provide. We rely on your feedback during the approval process.

4.2 Approval Process: Content drafts will be provided for your review. You are responsible for reviewing and approving content in a timely manner. Unless cancelled, services (content creation) will continue even if approvals are delayed. You agree to one round of reasonable edits per content piece or batch (as defined by your plan).

4.3 Final Approval & Edits: Once content is approved (explicitly or implicitly after a reasonable review period, e.g., 4 weeks for blog articles as per original terms if applicable to your service), it is considered final. For scheduled posts, you agree to review your accounts periodically. Tomato Promo is not responsible for editing/removing content posted more than two weeks prior without specific instruction, nor for missed posts due to platform disconnects outside our reasonable control.

4.4 Minor Errors: In the event of minor errors (e.g., typos) in delivered or posted content, please notify us promptly. While we strive for accuracy, you agree to accept a reasonable service credit (e.g., equivalent value of the affected post) for such incidents, rather than demanding a refund.

5. Warranty Disclaimers

5.1 Tomato Promo expressly disclaims any and all warranties regarding or related to this Agreement, the Services or any materials or assistance provided to client, express or implied, including without limitation the warranties of merchantability, course of performance or dealing, trade practice, title, non-infringement, and fitness for a particular purpose.

6. Indemnity

6.1 General Indemnity: Client will indemnify and hold harmless Tomato Promo and its directors, officers, agents, and employees from and against any and all losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to any breach by Client of any terms of this Agreement.

6.2 Content & Platform Indemnity: Client assumes full responsibility for the final approved content posted to their accounts or used in their materials. Client will indemnify and hold harmless Tomato Promo from any liability arising from:

You acknowledge the importance of complying with platform terms and regularly checking your accounts, especially if using scheduling services.

7. Limitation of Liability

Tomato Promo shall not be liable to client or any entity or person claiming through or under client for any loss of profit or income or other indirect, consequential, incidental, or special damages, whether in an action for contract or tort, in connection with this agreement, even if Tomato Promo has been advised of the possibility of such damages. In no event shall Tomato Promo’s liability to client hereunder exceed the amount paid to Tomato Promo by client for the previous one (1) month of services. This limit is cumulative and the existence of more than one claim will not enlarge the limit. Client acknowledges that these limitations of liability are an essential element of the bargain between the parties.

8. Miscellaneous

This Agreement constitutes the entire understanding between the parties regarding its subject matter. It may be amended by Tomato Promo, with the most current version published here. Notice of significant changes may be sent via email. This Agreement is binding upon successors and permitted assigns; Client may not assign this Agreement without Tomato Promo’s prior written consent. This Agreement shall be governed by and interpreted in accordance with the laws of the United Kingdom. Any dispute resolution shall take place in Oxfordshire, United Kingdom, and the parties consent to the jurisdiction of the courts located therein. Notices shall be in writing, in English. If any provision is held unenforceable, it will be severed minimally, leaving the rest intact. Waiver of one breach does not waive others.

9. Credit Card Disputes

In the event of a credit card dispute (chargeback), all work on the account, including content delivery and support, will cease until the dispute is resolved by the payment processor. We strongly encourage clients to contact us directly at info@tomatopromo.com to resolve any billing issues, as negotiation is typically faster and more favorable than initiating a formal dispute.

10. Communications & Support

Tomato Promo primarily operates digitally. Initial consultations and onboarding may involve calls. Post-onboarding, standard support is provided via email, client portal, or chat during business hours. Support call availability may be limited based on your plan and requires prior arrangement.

Contact

For any questions regarding these terms, please contact us at: info@tomatopromo.com