TERMS & CONDITIONS


The following are the Terms and Conditions for use of any and all products and services of the
Real Estate Tomato (RET). RET reserves the right to modify these Terms at any time. Except as
otherwise stated herein, any change to these Terms is effective immediately after RET gives
notice to the User. Notice can be given through email, a posting on the Site Dashboard, a login
alert, or by any other means in which a User may expect notice.


User agrees to check the Site periodically for changes to these Terms. Any use of the Site,
Services, Products or Platform after policy changes have been made shall be deemed acceptance of
those changed terms and/or conditions.

Clients should contact Real Estate Tomato should they have any questions or concerns regarding the
terms of using the products and services of the Real Estate Tomato.

PO Box 1381 | Cottonwood, CA | 96022 | Email:
service@realestatetomato.com | Direct:
530-828-6764

This is a contract. Please carefully read the following terms before accessing this site and
before using any of our services. By accessing this site and/or entering into an agreement with
real estate tomato, you accept and agree to all of the covenants and conditions imposed in this
agreement.

By using Real Estate Tomato’s services, products and platform you agree that you have read,
understand and agree to these terms. You also agree to review this agreement periodically to be
aware of modifications to the agreement, which real estate tomato may make at any time. Your
continued use of this site will be deemed your conclusive acceptance of any modified agreement.


1. Satisfaction Guarantee: We, Real Estate Tomato (from here on to be referred to as RET),
guarantee to deliver a quality product or service as defined herein.

2. In the event of a domain modification, the client is responsible for responding to
communications made by RET in an effort to modify domains. RET is not liable for any loss of
email, service outage or any delays that may be caused by domain modifications.

3. Edits, Repairs and Changes Policy: All graphic design, content
implementation/beautification/formatting, CSS Edits, PHP Edits, PlugIn coding, FTP Management,
and consulting services are available at $85.00 hourly or by quote.

4. RET products and services are provided on an “AS IS, AS AVAILABLE” basis. RET gives no
warranty, expressed or implied, for the web design, software development, programming, web
hosting and/or other services provided. RET HEREBY DISCLAIMS THE WARRANTY OF MERCHANTABILITY AND
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. This warranty exclusion expressly includes any
reimbursement for losses of income due to disruption of services by RET or its providers beyond
the fees paid by client to RET for services.

5. Use of any information obtained by way of RET is at Client’s own risk, and RET specifically
denies any responsibility for the accuracy or quality of information obtained through its
services. RET uses DigitalOcean for all clients’ websites hosting. RET makes no guarantees for
specific uptime. For more information on their hosting service, visit their website at
https://www.digitalocean.com/

6. RET is not responsible for any damages arising from Client’s use of RET services, products,
training or by Client’s inability to use any RET services for any reason.

7. If this agreement includes services that have ongoing charges, (hosting, service,
subscription, or consulting fees), this agreement will automatically renew those services for
successive monthly periods unless/until canceled by Client, in writing, prior to the renewal
date. Clients that have authorized recurring credit card billing will not be invoiced. Web
Hosting prices are subject to change. Renewal of services by Client indicates agreement to
contract revisions. If service is canceled during a billing/service period, (monthly or
quarterly), fees for the said period will be prorated, and client agrees to pay fees for the time
the service was provided. Use of RET services for more than 15 days will incur a full month
charge, and no proration will be applied after the 15th day.

a) Please note that we begin billing your monthly service fees once your design is live and
connected to the WordPress platform on our server. Billing is not dependent on the design being
connected to a particular domain.

b) Should a client be delinquent in payment for hosting/service fees for 4 consecutive weeks, the
RET reserves the right to archive (disable from public view) said client’s website. Clients will
be notified, each attempt (4) via email (as provided, on file, at the time of initiation of the
account), and the act of archiving the website. In order to re-activate the website on our
servers, the client must pay a non-negotiable unarchiving fee of $99.00. Should the client wish
to terminate the monthly contract while delinquent for past charges, the client is still held
responsible for delinquent charges.

8. Retroactive Billing Policy. RET reserves the right to retroactively bill clients for services
or subscriptions provided during any period where charges were not applied due to an
administrative, technical, or other billing error. Retroactive charges will be limited to the six
(6) months preceding the discovery of the error and will reflect the standard rates agreed upon
at the time the services were delivered. Clients will be notified of the billing error with a
detailed breakdown of charges owed and provided [30 days] to remit payment or request a payment
plan, if necessary.

Disputes regarding retroactive charges must be submitted in writing within ten (10) business days
of the invoice date and include all relevant details supporting the claim. RET will promptly
review disputes and provide a resolution. Failure to resolve retroactive charges within the
allotted timeframe or as agreed upon may result in account suspension or termination, in
accordance with the terms of the client agreement. This policy is implemented in compliance with
all applicable laws and contractual obligations.

9. In the case that custom website design work has been contracted and completed, Client
expressly agrees to continuously display the text “Design by Real Estate Tomato” (or similar)
with the words linking to https://www.realestatetomato.com. Removal of this mandatory text and
link will be recognized as failure to comply with the terms posted in this document and grounds
for suspension of all hosting services as provided by the RET.

10. RET reserves the right, in its sole discretion, to deactivate the Client’s Web Hosting
account(s) upon an indication of payment problems such as delinquent payments.

11. Credit Card customers agree to allow RET to bill such cards on each successive billing date
without obtaining the user’s permission after the initial charge. Credit Card customers must
notify RET of any changes in Credit Card Number or expiration date. If the card is not honored
for any reason, RET will make one attempt to notify the Client via email (as provided, on file,
at the time of initiation of the account). If another method of payment is not established within
one week, the account may be converted to a delinquent billing status. Invoices may be sent to
the client’s address as documented.

12. RET shall not be liable for any taxes or other fees to be paid in accordance with or related
to purchases made from Client or Client’s use of Web Hosting Services. Client agrees to take full
responsibility for all taxes and fees of any nature associated with such products sold.

13. Due to the public nature of the Internet, all information should be considered publicly
accessible, and important or private information should be treated carefully. RET is not liable
for protection or privacy of electronic mail or other information transferred throughout the
Internet or any other network provider or its customers may utilize.

14. Use of distribution lists via unsolicited email or other electronic mailings is strictly
prohibited. RET reserves the right to deactivate the Client’s Web Hosting account(s) upon an
indication of such activity. Client hereby agrees to indemnify and hold harmless RET from any
claim resulting from the Client’s or another party’s use of electronic mail service(s) on the
Client’s Website

15. The duplication of any RET provided design and/or content onto another platform, not
originating from RET is strictly prohibited and cause for client termination. In such a case, RET
reserves the right to terminate hosting and service contracts with clients with a 30 day notice
to quit.

16. Termination:

a) All Client initiated cancellation requests must be made in writing with 30 days prior notice
and sent via US Mail to RET, or to RET Service email (service@realestatetomato.com). Cancellation
will not take effect until received. The current month’s fees are neither refundable nor prorated
if more than 14 days of billing month have passed.

b) RET reserves the right to suspend service without notice for any unpaid or partially paid
balances.

c) RET reserves the right to cancel an account at any time. In the event of cancellation by RET,
the unused, prorated amount of any deposit or monthly or quarterly fee will be returned to the
Client.

d) Right to Cancellation: Developer reserves the right to cancel account at any time. In such
cases, the Developer will refund the prorated portion of any unused deposit or prepaid fees.

e) Client-Initiated Cancellation (within 5 Days): Clients may cancel within 5 days of contract
initiation for a full refund of their initial deposit.

f) Client-Initiated Cancellation after wireframe approval: If a client cancels after wireframe
approval they forfeit 100% of their initial deposit. Cancellation after design approval: Once the
client approves the design, all invested funds are non-refundable.

h) Real Estate Tomato does not ‘hold’ client payment installments for more than 90 days after
collection. Any monies invested in a project that is canceled due to inactivity is considered
forfeited and non-refundable, nor re-applicable should the client wish to resume the project.

i) Real Estate Tomato is not responsible for saving, salvaging, hosting, nor backing-up of any
content (articles, files, links, categories, images, videos, podcasts, design, plugins, widgets,
uploads, database data, theme files, html, php, css, or the like) for an account that has gone
delinquent in payment for more than 90 days. Should an account fall delinquent, and be removed
from our servers, it is no longer the responsibility of the RET to service nor maintain it in any
fashion. Client is solely responsible for the backing up of any and all content and files should
they let their account fall delinquent.

j)In the event of termination of this Agreement, the provisions in this Section and the
provisions found throughout this agreement shall survive in perpetuity. Each Client’s obligation
to pay outstanding hosting and/or installment fees shall survive any termination of this
Agreement.

17. Client expressly agrees that use of RET’s services is at Client’s sole risk. RET, its
employees, independent contractors, affiliates, agents, third party information providers,
merchants, licensers or the like, warrant that RET Web Hosting Service through Amazon Web
Services (AWS) will not be error free or uninterrupted; nor do they make any warranty as to the
results that may be obtained from the use of the Web Hosting service of Amazon Web Services (AWS)
or as to the accuracy, reliability or content of any information service or merchandise contained
in or provided through the RET Web Hosting service of Amazon Web Services (AWS), unless otherwise
expressly stated in this agreement

18. Under no circumstances, including negligence, shall RET, its officers, agents or anyone else
involved in creating, producing or distributing RET services and products be liable for any
direct, indirect, incidental, special or consequential damages that result from the use of or
inability to use RET services and products; or that results from mistakes, omissions,
interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of
performance, whether or not limited to “acts of god”, communication failure, theft, destruction
or unauthorized access to RET records, programs or services. Although RET has constant,
consistent, and redundant backup systems in place to protect the data of its clients, it must be
understood that Client maintains sole responsibility for data backups and restoration. Client
hereby acknowledges that this paragraph shall apply to any and all of RET products or services.

19. Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of
actions whether in contract, tort including negligence or otherwise, including any recovery of
reasonable attorneys’ fees and courts costs, shall not exceed the aggregate dollar amount which
Client paid during the term of this Agreement.

20. Prohibited Conduct. User expressly agrees to refrain from doing, either personally or through
an agent, any of the following Prohibited Conduct:

  • Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or
    other item or process to the Site that in any way affects the use, enjoyment or service of the
    Site, or adversely affects RET’s computers, servers or databases.
  • Capture, download, save, upload, print or otherwise retain information and content available on
    the Site other than what is expressly allowed by these Terms.
  • Permit or provide others Access to the online live classes and/or members only locations using
    Your username and password or otherwise, or the name & password of another authorized User.
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative
    works from, assign, license, transfer or adapt any of the software, information, text,
    graphics, source code or HTML code, or other content available on any of the RETs company
    websites.
  • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from
    the content available on the Site.
  • Violate or attempt to violate RET’s security mechanisms, Access any data or server You are not
    authorized to Access or otherwise breach the security of the Site or corrupt the Site in any
    way.
  • Engage in any other conduct which violates the Copyright Act (unauthorized, or unlicensed use
    of a 3rd party’s work/media/content/image/illustration/artwork) or other laws of the United
    States.
  • Use any device (such as a ‘web crawler’ or other automatic retrieval mechanism) or other means
    to harvest information about other Users, the Site or RET.
  • Use the Site to violate a third party’s intellectual property, personality, publicity or
    confidentiality rights; upload, download, display, publish, perform, create derivative works
    from, transmit, or otherwise distribute information or content in violation of a third party’s
    intellectual property rights.
  • Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP
    packet header or any part of the header information in any email so that the email appears to
    be generated by RET.
  • Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening,
    objectionable or illegal material on the Site; post a communication that advocates or
    encourages criminal conduct or conduct that may give rise to civil liability.

To ensure that Users of the Site do not engage in Prohibited Conduct, RET reserves the right to
monitor use of the Site and reserves the right to revoke or deny Access to any person or entity
whose use of the Site suggests Prohibited Conduct.

You agree not to violate any U.S., foreign or international software or technology export laws
and regulations, including without limitation the U.S. Export Administration Regulations.

21. WordPress Software: All blogs are built on the WordPress.org Software Platform. RET nor
Client has proprietary dominion over the software nor its functionality. RET is not responsible
for service outages, errors, customer service, functionality, improvements, accessibility,
compatibility or existence of the WordPress.org Software. Our “regular” updates to your WordPress
platform are conducted at our discretion.

22. Third Party PlugIns: WordPress.org open source software allows for the development and
installation of 3rd party programs (PlugIns) to enhance and add functionalities to the core Site
platform used by RET. RET is not, and cannot, be held responsible for the availability,
functionality, usability and/or compatibility of these 3rd Party PlugIns. Client uses 3rd
PlugIns at their own risk. RET is not liable nor responsible for any errors, service outages,
programming conflicts, or other service interruptions caused by 3rd Party Plugins. Our “regular”
updates to your 3rd party plugins are conducted at our discretion.

23. BeTheme Theme Builder, and Elementor Pro Plugin Builder: Real Estate Tomato uses BeTheme and
Elementor Pro as a theme builder for the development of most client websites. It is used to
enhance and add functionalities to the page editing platform. RET is not, and cannot, be held
responsible for the availability, functionality, usability and/or compatibility of this 3rd party
Theme Building software. RET is not liable nor responsible for any errors, service outages,
programming conflicts, or other service interruptions caused by the use of BeTheme or Elementor
Pro. Should BeTheme or Elementor Pro fail to function due to error, unavailability, or conflict,
RET will work to resolve the issue in good faith. This resolution could be in the reinstallation
of BeTheme or Elementor Pro, the upgrading of BeTheme or Elementor Pro, the replacement of
BeTheme or Elementor Pro, or troubleshooting the issue with the creators of BeTheme or Elementor
Pro.

24. All client provided graphic design is property of the client with the understanding that RET
may incorporate elements of provided graphic design in future clients’ designs. Content created by
client is considered property of the client and will not be used by RET for future clients’ web
content.

25. Placing a Project on Hold After 90 Days: If client has been unresponsive to our attempts to
contact them regarding training classes or design meetings for more than 90 calendar days, the
client’s project will be placed ‘On Hold’. ‘On Hold’ Status entails archiving their project in
the Project Path; RET will no longer chase the client for missed appointments or updates, all web
design production will be suspended, all to-dos will be suspended, all milestones will be
suspended and client will be removed from all RET calendars. Should client resurface, after being
unresponsive for 90 calendar days, looking to resume the production of their website and/or their
training program, there is a mandatory, non-negotiable $99.00 ‘Un-Archiving’ Fee to be paid by
client to RET before any new appointments are scheduled, or design production is resumed. Please
note: In the case that a project is archived, per Terms 15f and 15g above, all monies invested by
client into project are considered forfeited and non-refundable, nor re-applicable should client
wish to resume project.

26. Browser Compatibility: RET Guarantees that your new site will render properly on the
following web-browsers: Current versions of Chrome, Firefox, Brave, Microsoft Edge, and Safari.
However, because of continuous upgrades and releases of these 3rd party internet browsing
platforms, we can not be held responsible for rendering inconsistencies that may occur subsequent
to your website launch. Therefore, all Stylesheet and Design edits requested because of browser
issues on versions released subsequent to your website’s launch and approval are performed at
$85/hr.

27. Resolution Compatibility: RET Guarantees that your new site will render properly on Mobile
Devices, Portable Devices, and Desktop Devices no older than 36 months from the date of project
launch. RET cannot be held responsible for rendering inconsistencies that may occur on devices
older than 36 months. Therefore, all Stylesheet and Design edits requested because of resolution
compatibility issues on devices older than 36 months to your website’s design approval are
performed at $85/hr.

28. Website Load Speed Guarantee: RET makes no guarantee of website load speeds. Due to 3rd party
elements such as theme code, plugins, javascript, applets, APIs, data feeds, server calls, etc,
it is impossible to make any load speed guarantee. Other elements such as media size uploads,
design animations, lengthy page sections and other client added decisions can also have an effect
on load speeds and should be considered by the client before and post launch of their website.
With availability, RET can be contracted to perform speed improvement suggestions offered by 3rd
party website speed analyzers at a rate of $85/hr. However, RET continues to make no guarantee of
website load speeds after being contracted to address any 3rd party website speed analyzers’
suggestions.

29. Client Content Responsibility: Clients are responsible for the creation, placement and
publishing of all content on their websites. RET is not responsible for the layout or display of
the content on the pages and posts that are created by clients. On the management of pages,
posts, footers, headers and sidebars, clients are responsible for the development and management
of lead forms, the embedding of slideshows, videos, podcasts, interactive maps, and other similar
third-party widgets, features and functionalities. With availability, RET can be contracted to
perform these tasks for clients at a rate of $90/hr.

30. Client Content Indemnification: Client agrees to indemnify, defend, and hold harmless Real
Estate Tomato, its officers, directors, employees, agents, and affiliates from and against any
and all claims, damages, losses, liabilities, costs, and expenses (including reasonable
attorneys’ fees) arising out of or related to any content, images, photographs, graphics, or
media that Client uploads, provides, approves, or publishes on any website created, hosted, or
maintained by Real Estate Tomato. This includes, without limitation, any claims of copyright
infringement, trademark infringement, or violation of any third party’s intellectual property
rights.

31. Client Representation and Warranty Regarding Content: Client represents and warrants that all
content, images, photographs, graphics, and media uploaded to or provided for use on their
website are either: (a) owned by Client; (b) used with express written permission of the rights
holder; or (c) properly licensed for commercial use on the Client’s website. Client shall
maintain records of all such permissions and licenses and provide them to Real Estate Tomato upon
request.

32. Content Placed by Real Estate Tomato: Where Real Estate Tomato creates, selects, or places
content, images, or graphics on a Client’s website as part of its services, Real Estate Tomato
will use commercially reasonable efforts to ensure such materials are properly sourced and
licensed. However, Client acknowledges that upon approval or publication of any content on their
website, Client assumes responsibility for the continued use and display of that content. Client
agrees to promptly notify Real Estate Tomato of any intellectual property concerns related to any
content on their website.

33. DMCA Takedown Policy: Real Estate Tomato respects the intellectual property rights of others and expects its Clients to do the same. If you believe that any content on a website created or hosted by Real Estate Tomato infringes your copyright, please submit a written notice to:

Real Estate Tomato – Copyright Agent
Email: jc@realestatetomato.com

Your notice must include:

  • A description of the copyrighted work you claim has been infringed;
  • The URL or specific location of the allegedly infringing material;
  • Your contact information (name, address, telephone number, and email);
  • A statement that you have a good faith belief that the use is not authorized by the copyright
    owner, its agent, or the law;
  • A statement, under penalty of perjury, that the information in your notice is accurate and that
    you are the copyright owner or authorized to act on the owner’s behalf;
  • Your physical or electronic signature.

    Upon receipt of a valid DMCA notice, Real Estate Tomato will promptly remove or disable access to
    the allegedly infringing material and notify the applicable Client. Real Estate Tomato reserves
    the right to terminate the accounts of Clients who are repeat infringers.

    34. ADA Compliance

    Due to the dynamic nature of website content and the evolving standards and interpretations of ADA
    compliance, we cannot guarantee that all aspects of the websites we design and develop will be ADA
    compliant at all times.

    The client understands that Real Estate Tomato designed and developed website is not guaranteed to
    be ADA compliant. ReadTomato has made reasonable efforts to make the website accessible to people
    with disabilities, but it is possible that there may be some accessibility issues that have not
    been identified.

    The client agrees to use the website at their own risk and to accept responsibility for any legal
    consequences that may arise from the website’s non-compliance with the ADA.

    We encourage our clients and users to notify us if they encounter any accessibility barriers while
    using our websites. We value this feedback and will work with the users and Client to address
    these concerns to improve the accessibility of our websites.

    35. Entire Understanding: The agreement contained in this Contract constitutes the sole agreement
    between RET and Client regarding its web design, software development, programming, training, web
    hosting and/or other services. This agreement shall be governed and construed in accordance with
    the laws of the State of California.

    If you wish to suspend your monthly billing for service and hosting you lose the following:

    1. Our Cloud Hosting Services through DigitalOcean. It’s fast, secure, backed up and live 99.99%
      of the time
    2. Our Advanced Spam and Brute force Hacking Protection. We block 1000s of attacks per hour.
    3. WordPress Core Upgrades performed by us ~10x/year giving you the latest, greatest platform
      WordPress has to offer
    4. 3rd Party PlugIn Support (regular updates, troubleshooting, and conflict resolutions)
    5. Customer Service:

      • Minor edits (under 20 mins) will be executed at no charge.
      • You break it, we fix it at no charge*
      • Your questions answered within 24 business hours.
      • Opportunity to schedule 15 minutes per month for a live call with any service technician.

    Without our service subscription, all service requests will be performed at $90/hr.

    *If you break it within WordPress we will fix it at no charge. Any issues caused by accessing
    actual theme files or FTP access files will be addressed at our rate of $90/hour. Site issues
    caused by 3rd parties are not covered by your service and support subscription. If you need the
    help of Real Estate Tomato to resolve issues caused by 3rd parties it will be performed at
    $90/hr. This includes investigation and any attempts at resolution. Introducing a 3rd party to
    add content, optimize, fix, improve, or otherwise is done at your own risk and expense.

    Effective Date, 3/21/2025 – Real Estate Tomato | ReadTomato®